Grievance Information Detail

OCB Case Number

Old Grievance Number

Award Number

Grievant's Name

Arbitrator

Agency

Union

First Chair

Union Advocate

Second Chair

Arbitration Date

Decision Date

Decision

Cost

Contract Articles 5

Attachment List

• 1364

Contract Violations

Holding

DENIED. Grievant was suspended for excessive force. He entered a youth's room without calling the duty office and then had to force the youth into his bed. Per DYS, if he had followed the proper procedure and gotten assistance, force may not have been necessary, or if it was Grievant would have at least followed proper channels and would not have been suspended. The Arbitrator found abuse and denied the grievance.
GRANTED. Grievant was given a five day suspension for excessive use of force in response to a youth acting out. Management indicated that the incident on the unit could have been handled better by the Grievant, specifically, getting in the face of a youth who is acting out is not the proper means to correct the behavior. Management failed to present clear and convincing evidence to prove excessive force.
DENIED. Grievant was disciplined because he allowed a youth under his supervision to escape. Grievant says he did not have the youth's file to know he was and AWOL risk. Management says that is no defense, Grievant needs to assume the worst until file arrives. The Arbitrator held that the Grievant failed to monitor a youth which enabled his escape.
DENIED. The Grievance was not abitrable.
Parties entered into a settlement.