TRC ARB Police Integrity Case 19.12.12
ISSUES: Reasonable Cause. Employee Misconduct. Multiple Factors.
Discussion and Opinion

Labor Arbitration Decision, 201114-AAA, [Number redacted], 2017 BNA LA Supp. 201114

1. First, has the employer relied on a reasonable rule or policy as the basis
   for the disciplinary action?
2. Second, was there prior notice to the employee – express or implied – of
   the relevant rule or policy and a warning about potential discipline?
3. The third factor for analysis is whether the disciplinary investigation was
   thoroughly conducted. Were statements and facts fully and fairly gathered
   without a predetermined conclusion?
4. Fourth, did the employee engage in the actual misconduct as charged by
   the employer? In this regard, many cases turn on credibility determinations.
5. Lastly, are there any countervailing or mitigating circumstances requiring
   modification if not wholly reversing the discipline imposed? For the reasons that
   follow, it is concluded the City had reasonable cause to terminate the Grievant.

Click here to download resource document