FDAR Attorneys Win Important Victory for Ohio Sheriff’s Office

FDAR attorneys Samantha McGuire and David Riepenhoff recently won a motion to vacate an arbitrator’s award which reinstated a terminated deputy. The case centered around a deputy’s failure to maintain training records regarding his K-9 partner. When the chief deputy and sergeant went to the deputy’s home to retrieve the K-9, his food, and medication, the deputy believed he was being terminated. The deputy refused to turn over the K-9 and began yelling and shouting at the chief deputy and sergeant, calling them names and using profane language in a clear act of insubordination. After an outside investigation, the sheriff’s office decided to terminate the deputy.

After a grievance process, the termination was submitted to arbitration pursuant to the collective bargaining agreement (CBA). The arbitrator agreed with the sheriff’s office that the deputy’s actions were egregious and constituted gross misconduct. However, instead of upholding the sheriff’s decision to terminate the deputy, the arbitrator reduced the deputy’s termination to a 21-day suspension.

Samantha McGuire and David Riepenhoff filed a motion to vacate the arbitrator’s award of reduced discipline on behalf of the sheriff’s office. The motion argued that the arbitrator exceeded his authority under the CBA when he crafted his own discipline after finding that the deputy’s actions constituted gross misconduct.

In its order, the court agreed that the conduct was egregious, inexcusable, and constituted an act of gross misconduct under the CBA. However, the court vacated the arbitrator’s reduced discipline because the CBA did not give the arbitrator the authority to craft penalties for gross conduct. Instead, that authority rested with the sheriff.  As a result, the deputy’s termination was upheld.

The attorneys at Fishel Downey Albrecht & Riepenhoff, LLP routinely advise law enforcement agencies on employment matters. If you have any questions about this case or any other matter, please contact us at info@fisheldowney.com or call 614.221.1216.  You can also reach Sam or Dave at this number if you have questions about this case or would like a copy of the decision.