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WSH Obtains Significant Arbitration Victory for the City of Homestead

On August 22, 2013, the firm obtained a significant arbitration victory for the City of Homestead, in a case involving a former police officer who was terminated for committing numerous policy violations. Alison F. Smith defended the City against the employee’s claim that he was terminated without just cause in violation of the collective bargaining agreement between the City and the union that represents its police officers, and argued that the City had just cause for the employee’s termination based on numerous policy violations he had committed while conducting an investigatory stop (some of which could have resulted in harm to himself and the public). In particular, the City contended that just cause existed for the former police officer’s termination because he: (1) failed to notify Dispatch of his correct location and did not call in the stop; (2) failed to call for backup; (3) failed to advise dispatch of his delay in responding to another call to which he had been dispatched while conducting the investigatory stop; and (4) disclosed confidential information from a database that is restricted to law enforcement use and access to that individual. In denying the employee’s grievance, the arbitrator ruled that the evidence presented by the City established that it had just cause for the employee’s termination because the employee’s actions, including his failure to advise dispatch of his correct location while conducting an investigatory stop (which could have compromised his safety and by itself warranted his summary discharge), constituted “extremely serious/major offenses.”

Chaired by Partner Brett J. Schneider, WSH’s Labor and Employment Law Group has significant experience representing municipalities in traditional labor law matters. The Group routinely handles arbitrations and civil service board and other administrative hearings for our public sector clients. Additionally, our attorneys regularly serve as chief negotiators on behalf of management in collective bargaining, and they conduct post-negotiation training of supervisory personnel to assist in ensuring that the collectively bargained changes are properly implemented. The Group regularly drafts employee handbooks, manuals, policies and procedures governing a wide array of workplace issues.

Categories: Labor and Employment
Tags: Public EmployeesEmployment AgreementsPublic EmployersBrett J. SchneiderAlison F. SmithFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment Lawyers
Author(s): Brett J. Schneider