Empathy List Archives

KP

Kelly, Paula A

Mon, May 22, 2023 5:32 PM

Good afternoon! Here in OKC we are having an extremely difficult time with arbitrators denying termination grievances for uniform services...most particularly the FOP. Even with very serious admitted misconduct on the part of the officer, arbitrators are repeatedly returning officers to work with little to no discipline. We have closed all loopholes procedurally over the last two years and it just seems like arbitrators refuse to uphold a termination on their own. We are currently in contract negotiations and I'd like to explore some alternatives to a single arbitrator system for serious misconduct...or all grievance arbitration frankly. Do any of your cities use a permanent panel? Multiple arbitrators? If so, please forward your contract language.

Thank you!
PK

Paula A. Kelly
Asst. Mun. Counselor
Labor/Employment Division
405-297-2223

CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

Good afternoon! Here in OKC we are having an extremely difficult time with arbitrators denying termination grievances for uniform services...most particularly the FOP. Even with very serious admitted misconduct on the part of the officer, arbitrators are repeatedly returning officers to work with little to no discipline. We have closed all loopholes procedurally over the last two years and it just seems like arbitrators refuse to uphold a termination on their own. We are currently in contract negotiations and I'd like to explore some alternatives to a single arbitrator system for serious misconduct...or all grievance arbitration frankly. Do any of your cities use a permanent panel? Multiple arbitrators? If so, please forward your contract language. Thank you! PK Paula A. Kelly Asst. Mun. Counselor Labor/Employment Division 405-297-2223 CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

DW

David Weatherford

Mon, May 22, 2023 6:02 PM

Paula:

The provisions below may help; I think we have all made the mistake of
allowing arbitrators to define "just cause" when we should negotiate and
agree to some things that will meet the definition - it is not a term that
should be so vague that it is totally within the discretion of every
arbitrator, which is what we have allowed. The language below has been
agreed to by the Sand Springs FOP and is an example, but if there is other
conduct that is a reoccurring problem, management should have the right to
negotiate whether that conduct will rise to a specific level of discipline:

Management right : "To suspend, demote, discharge or take other appropriate
disciplinary action against members of the Police Department for just cause
in accordance with appropriate procedures as set out in Article 9 hereof or,
in alternative thereto, the Personnel Policy and Procedures for employees of
the City of Sand Springs. For purposes of this agreement, the parties
stipulate and agree that in addition to what may otherwise constitute just
cause, just cause shall exist for immediate suspension with or without pay,
at the discretion of the Chief, of any Police Officer who has any felony
criminal charge(s) filed against them. Just cause shall also exist for
immediate suspension with or without pay, at the discretion of the Chief, of
any Police Officer who has any misdemeanor charge of assault and battery
filed against them related to a claim of excessive use of force directed at
a suspect or prisoner who is in the custody of the officer."

We also have the following concerning arbitrators (with both FOP and IAFF)
allowing for the use of retired judges rather than FMCS.

Arbitrators:

"The parties shall submit the matter to arbitration. The FOP shall submit a
list of five retired Judges from the State of Oklahoma (Appellate, District,
Associate, or Special) from Tulsa County and/or any County which shares a
common border with Tulsa County, who shall be the proposed panel for
selection. From said list, the City shall select one arbitrator."

For this year I have also proposed the following (partly in response to the
threat of a new PERB) to deal with ULP's and interest arbitration:

"The arbitrator selection process outlined in Section 2 of Article 8 shall
apply for the selection of an arbitrator to resolve any unfair labor
practice or to resolve contract terms pursuant to an interest arbitration
proceeding."

Hopefully this helps.

David L. Weatherford

Attorney At Law

1141 East 37th Street

Tulsa, OK 74105

(918) 743-8355

(918) 743-7478 (fax)

From: Kelly, Paula A paula.kelly@okc.gov
Sent: Monday, May 22, 2023 12:32 PM
To: oama@lists.imla.org
Subject: [Oama] Grievance Arbitration

Good afternoon! Here in OKC we are having an extremely difficult time with
arbitrators denying termination grievances for uniform services.most
particularly the FOP. Even with very serious admitted misconduct on the part
of the officer, arbitrators are repeatedly returning officers to work with
little to no discipline. We have closed all loopholes procedurally over the
last two years and it just seems like arbitrators refuse to uphold a
termination on their own. We are currently in contract negotiations and I'd
like to explore some alternatives to a single arbitrator system for serious
misconduct.or all grievance arbitration frankly. Do any of your cities use a
permanent panel? Multiple arbitrators? If so, please forward your contract
language.

Thank you!

PK

Paula A. Kelly

Asst. Mun. Counselor

Labor/Employment Division

405-297-2223

CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended
solely for the person to which it is addressed and may contain privileged
and confidential information protected by law. If you have received this
communication in error, please notify the sender immediately by telephone or
e-mail, destroy this message and delete any copies held in your electronic
files. Unauthorized use and/or re-disclosure may subject you to penalties
under applicable state and federal laws.

Paula: The provisions below may help; I think we have all made the mistake of allowing arbitrators to define "just cause" when we should negotiate and agree to some things that will meet the definition - it is not a term that should be so vague that it is totally within the discretion of every arbitrator, which is what we have allowed. The language below has been agreed to by the Sand Springs FOP and is an example, but if there is other conduct that is a reoccurring problem, management should have the right to negotiate whether that conduct will rise to a specific level of discipline: Management right : "To suspend, demote, discharge or take other appropriate disciplinary action against members of the Police Department for just cause in accordance with appropriate procedures as set out in Article 9 hereof or, in alternative thereto, the Personnel Policy and Procedures for employees of the City of Sand Springs. For purposes of this agreement, the parties stipulate and agree that in addition to what may otherwise constitute just cause, just cause shall exist for immediate suspension with or without pay, at the discretion of the Chief, of any Police Officer who has any felony criminal charge(s) filed against them. Just cause shall also exist for immediate suspension with or without pay, at the discretion of the Chief, of any Police Officer who has any misdemeanor charge of assault and battery filed against them related to a claim of excessive use of force directed at a suspect or prisoner who is in the custody of the officer." We also have the following concerning arbitrators (with both FOP and IAFF) allowing for the use of retired judges rather than FMCS. Arbitrators: "The parties shall submit the matter to arbitration. The FOP shall submit a list of five retired Judges from the State of Oklahoma (Appellate, District, Associate, or Special) from Tulsa County and/or any County which shares a common border with Tulsa County, who shall be the proposed panel for selection. From said list, the City shall select one arbitrator." For this year I have also proposed the following (partly in response to the threat of a new PERB) to deal with ULP's and interest arbitration: "The arbitrator selection process outlined in Section 2 of Article 8 shall apply for the selection of an arbitrator to resolve any unfair labor practice or to resolve contract terms pursuant to an interest arbitration proceeding." Hopefully this helps. David L. Weatherford Attorney At Law 1141 East 37th Street Tulsa, OK 74105 (918) 743-8355 (918) 743-7478 (fax) From: Kelly, Paula A <paula.kelly@okc.gov> Sent: Monday, May 22, 2023 12:32 PM To: oama@lists.imla.org Subject: [Oama] Grievance Arbitration Good afternoon! Here in OKC we are having an extremely difficult time with arbitrators denying termination grievances for uniform services.most particularly the FOP. Even with very serious admitted misconduct on the part of the officer, arbitrators are repeatedly returning officers to work with little to no discipline. We have closed all loopholes procedurally over the last two years and it just seems like arbitrators refuse to uphold a termination on their own. We are currently in contract negotiations and I'd like to explore some alternatives to a single arbitrator system for serious misconduct.or all grievance arbitration frankly. Do any of your cities use a permanent panel? Multiple arbitrators? If so, please forward your contract language. Thank you! PK Paula A. Kelly Asst. Mun. Counselor Labor/Employment Division 405-297-2223 CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

RK

Rick Knighton

Mon, May 22, 2023 7:31 PM

Just glad we are not the only ones. Norman does not have a single or a permanent panel.

This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

From: Kelly, Paula A paula.kelly@okc.gov
Sent: Monday, May 22, 2023 12:32 PM
To: oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Grievance Arbitration

Good afternoon! Here in OKC we are having an extremely difficult time with arbitrators denying termination grievances for uniform services...most particularly the FOP. Even with very serious admitted misconduct on the part of the officer, arbitrators are repeatedly returning officers to work with little to no discipline. We have closed all loopholes procedurally over the last two years and it just seems like arbitrators refuse to uphold a termination on their own. We are currently in contract negotiations and I'd like to explore some alternatives to a single arbitrator system for serious misconduct...or all grievance arbitration frankly. Do any of your cities use a permanent panel? Multiple arbitrators? If so, please forward your contract language.

Thank you!
PK

Paula A. Kelly
Asst. Mun. Counselor
Labor/Employment Division
405-297-2223

CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

Just glad we are not the only ones. Norman does not have a single or a permanent panel. Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/> This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. From: Kelly, Paula A <paula.kelly@okc.gov> Sent: Monday, May 22, 2023 12:32 PM To: oama@lists.imla.org Subject: EXTERNAL EMAIL : [Oama] Grievance Arbitration Good afternoon! Here in OKC we are having an extremely difficult time with arbitrators denying termination grievances for uniform services...most particularly the FOP. Even with very serious admitted misconduct on the part of the officer, arbitrators are repeatedly returning officers to work with little to no discipline. We have closed all loopholes procedurally over the last two years and it just seems like arbitrators refuse to uphold a termination on their own. We are currently in contract negotiations and I'd like to explore some alternatives to a single arbitrator system for serious misconduct...or all grievance arbitration frankly. Do any of your cities use a permanent panel? Multiple arbitrators? If so, please forward your contract language. Thank you! PK Paula A. Kelly Asst. Mun. Counselor Labor/Employment Division 405-297-2223 CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.