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

Attachment List

• 0507

Contract Violations

Holding

GRANTED. Grievant, a Youth Leader 2 for DYS, was removed for failure of good behavior, specifically, abusing or mistreating a youth. Grievant repeatedly approached a youth sexually. On one occasion, Grievant put his hand up the youth's blouse. The Union maintained that Grievant was a 14 year employee, that the testimony of the youth was unbelievable, and that no direct evidence of abuse existed. The youth's story was internally inconsistent; moreover, significant details varied between her testimony and her written statement. The youth's roommate's testimony was credible and contrary to the youth's. Management maintained that Grievant had previously been counseled on "hugging inmates" and not to bring gifts to the youths. Management also stated that the youth in question was polygraphed by the Highway Patrol and found to be truthful. The arbitrator found insufficient evidence existed to warrant discipline.