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 8

Attachment List

• 1471
• 1471

Contract Violations

Holding

Grievance GRANTED. The arbitrator found that the Employer did not present clear and convincing evidence to meet its burden of proof that the grievant committed patient abuse through the unnecessary use of physical restraints. The particular incident cannot be viewed in isolation. When placed in the greater context of the patient’s psychiatric history, the grievant’s actions represented an exercise in professional judgment and did not rise to the level of patient abuse.