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 19.00, 20.08

Attachment List

• 2255
• 2255

Contract Violations

Holding

Granted: Arbitrator found that the grievant was wrongfully terminated because the Employer disciplined the grievant as if he had been convicted of an OVI when that was not the case. Upon the Employer's decision, the grievant's fate had not yet been determined. Agitating circumstances, the grievant did not end up being convicted of an OVI. Law enforcement may be held to higher standards, but their off-duty conduct must be relevant to their employment for it to warrant termination. A three-factor test determines when that is so. Moreover, an arrest, in and of itself, is insufficient to cite as harm.