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Employee Loses Job for Contract and Intermittent
This case points out the importance of clarifying in policy how FMLA use will be used and defines what abuse means.

 


QUESTIONS AND ANSWERS (QA)

QA. What are Last Chance Agreements?
Description coming soon.

 


JOB AIDS (JA)

Discipline Penalty Assess Program
This program is used to guide the assessment of disciplinary penalties in a progressive discipline system.

 

Consequential Decision Making Form
An article on Consequential Decision Making with a form to document incidences.

 

Last Change Agreement Model Form
This form is suitable for filling in case specific information.

 

Management’s Right Clause
This is a strong management's right clause. It is the second article in a client's actual contract (This is the proper place for these clauses). It's outstanding feature includes management's rights to change a past practice.

 


ARBITRATION AND COURT RULINGS (ARB or COURT)

Employee’s Attitude and Work History Justifies a Termination
Employee total disciplinary history and poor attitude justifies not using the Matrix System and going directly to termination.

 

Racial Discrimination Ruling
Issues Include: Employee's Burden of Proof; What Similarly Situated Means; Freedom of Speech; Reasonable Person Standard.

 

Police Integrity Ruling
The arbiter in this case:
  1. Names five standards that must be met reviewing a misconduct case.
  2. Introduces a three-standards test “Consistency-Times-Three” and relevant demeanor that he used to assess employers’ and employees’ testimonies.
  3. Explains what management must do to support issuing different levels of discipline when unions claim disparate treatment between employees.
  4. Evaluates the value of past performance evaluations on current acts of misconduct.
  5. Explains and uses the McCoy doctrine as a bar on his authority to alter an employer’s penalty decisions.
NOTE: The Discipline Penalty Assessment Program that is available to members is based on the McCoy doctrine.

 

Hire Me Back So I Can Leave
Topics: Resignations - Reinstatements - Leave of Absence - Burden of Proof Shifting - Work History Past Practice

 

Insubordination Ruling
This is a must read case by management and union representative. The arbitrator give strong support for management's rights in several critical areas (e.g., language for management's right clauses; limits on arbiter's authority to upset management's penalty decisions; who to believe in conflicting versions of events; the Seven Principles of Just Cause; the importance of the McCoy Doctrine, etc.).

 

Burdens of Proof
Learning Points:
  1. The level of proof required to terminate a police officer.
  2. The weight given to a Federal Court’s acquittal of a police officer.
  3. The importance given to an officer’s past work history in relation to the seriousness of the charged offenses.
  4. The clarity of the contract language.
  5. The simplicity of the language used in the City’s rules and regulations

 

Termination Ruling
This case has 5 Learning Objectives:
  1. The level of proof required to terminate a police officer.
  2. The weight given to a Federal Court’s acquittal of a police officer.
  3. The importance given to an officer’s past work history in relation to the seriousness of the charged offenses.
  4. The clarity of the contract language.
  5. The simplicity of the language used in the City’s rules and regulations

 

Management’s Right to Require Respectful Behavior
Arbitration Case Review: This case highlights how important it is to ensure management complies with the first standard of Just Cause (adequate notice).

 

Secret Taping Leaders to Termination
Topics: Secret Taping - Sexual Harassment - Burden of Proof - Due Process - Performance Evaluations – Similar-Situated

 

Performance Evaluations
The mixture of issues addressed by the Appeals court in this case center on performance evaluations. Are they subjects of mandatory bargaining? Can an employee grieve a rating? Can different forms of arbitration exist? The importance of contract and policy language. The case has practical applications for bargaining and policy development.

 

Termination Reinstatements
Abstract: Management lost three terminations because it tolerated bad day-to-day behavior.

 


MODEL POLICIES (MP)

Fresh Pursuit (Motor Vehicle)
This policy is unique. It targets discretionary decision making for engaging in and continuing in an unsafe pursuit. The policy requires 360 Degree Assured Clear Stopping Distance between all other vehicles and objects at all time.

 

Interpersonal Relations
Emphasis is placed on the values of Fairness and Respect.

 

Citizen’s Arrests MP
This model policy provides an "If-and-Then" decision making chart when a citizen has made a citizen's arrest.

 

Alternate and Temporary Light-Duty Policy
This model policy addresses numerous considerations that must be taken into account with alternate and light-duty policies. It is offered as a job-aid only. Before use, members are advised to consult with their own counsel for legal advice.

 

Conflicts of Interests
The purpose of this policy is to protect agencies, maintain public trust, and guide members from conduct and behavior that lead to disciplinary action or potential lawsuits.

 

Dating and Romantic Relationships
Discusses dating; romantic partners; employee to employee; supervisor to employee; conflicts of interest; restriction; and, the like.

 

Productive Performance
Every agency should have a policy that requires employees to use their compensated time in an efficient and effective manner. This policy addresses that issue.

 

Attendance and Absenteeism
A comprehensive model Attendance and Absenteeism policy. Includes a model Heath-Care Providers Sick Leave report and a listing of Attendance laws in the United States.

 

Employee Speech
Model policy member agencies can use for use in their agencies.

 

Lactation
Model policy member agencies can use for use in their agencies.

 

Temporary Light Duty
Model policy member agencies can use for use in their agencies.

 

Social Media
Model policy member agencies can use for use in their agencies.

 

Forbidden Harassment
Model policy member departments can modify for use in their agencies.

 


EDUCATIONAL MATERIAL (EDU)

The Dreaded “D” Word and the Highway of Life
Leaders delegate tasks when team members have the necessary knowledge and work skills for successful task accomplishment. The willingness to delegating authority becomes more critical as leaders assume more responsibilities, yet delegation often becomes the Dreaded “D” word for leaders. Why? We think that the answer lies in the concept of control.

 

Freedom Of Speech
This case provides a comprehensive review of the laws governing employees’ Freedom of Speech; and of the heavy burden these police officers faced when they use Freedom of Speech protections to coverup their disloyal actions against their Chief of Police.

 

A New Method of Operations for Police Management
Police agencies across the country are at the epicenter center of a perfect storm. A storm that has been building for over 180 years. This storm has gained momentum each time the police management system fails to remove a dysfunctional or toxic (DTOX) officer from its ranks.

 

How Employment Works
This monograph proposes a Performance-based model of management, based on organizational values and work ethics, are a more efficient, effective, and defensible for engineering change in police agencies' operations. Case law and arbitration decisions are provided to support this thesis.

 

Police Misconduct USA News
USA Today Article: Investigative reporting and findings on 85,000 Police Misconduct cases.

 

Assessing Officers’ Fitness
Contains suggestions for a Officer Fitness Testing program based on Reasonable-Suspicion. Several court and arbiter cases are cited to support the suggestions.

 

Past Practices
Explains the differences between past behavior and past practices; lists the three types of past practices; explains what arbitrators consider and weight given to past practices; and offers pointer when dealing with a past practice claim.

 

Five Standards for Making Good Decisions
When do you know that you are able to make, or have made, a good decision? Ask yourself if these five standards have been met.

 

Mission Develop
This monogram discusses the importance of having the right and well-defined organizational mission. Cites are offered to support management’s rights to define and enforce the mission. A model Mission statement is included.

 


ADDITIONAL INFORMATION

Abuse
This case points out the importance of clarifying in policy how FMLA use will be used and defines what abuse means.

 

McCoy Doctrine
Officer argued that the concept of progressive discipline warranted a lesser penalty assessment. Arbiter quotes McCoy Doctrine.

 

Speech
The case involved an officer who was terminated and later claimed “Whistle Blowing” protection.

 

Termination Garcetti v Cabelos
The Grievants were employed as police officers and terminated for alleged actions that a federal investigation revealed that the Grievants committed, which was culminated in an undercover sting operation.

 

Cloud Talking
Cloud Talking is the mental response that comes to mind when you are engaged in a rival conversation.

 

Conducting a Performance Improvement Interview

 

Creating a Self-Governed Police Culture
Leaders inspire employees to be self-governed. Self-governed employees honor the public's trust; they align their discretionary decision-making, conduct, and behavior with the organization's vision, values, mission, and accomplishments.

 

What’s Your Definition of Leadership?
Leadership is one of the most difficult human interactions to improve upon because few of us take the time to understand what we are trying to achieve.

 

84 Opportunities to Practice Leadership
Description coming soon.