CPER
California Public Employee Relations...since 1969
Institute for Research on Labor and Employment, UC Berkeley

California's number one resource for employer/employee relations

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A police officer’s misconduct during his separation and divorce harmed the public service and justified his termination, arbitrator Ernest Gould found. The turmoil of his personal life did not mitigate against his discharge. In 2009, the officer’s wife asked him to move out. They split custody of their two children. The officer asserted they were … Read more

Public Sector Arbitration Log

Posted on March, 2013

ATTENTION ATTORNEYS AND UNION REPS Celebrate your victories or let us commiserate in your losses! Share with CPER readers your interesting arbitration cases. Our goal is to publish awards covering a broad range of issues from the state’s diverse pool of arbitrators. Send your decisions to CPER Journal, Institute for Research on Labor and Employment, … Read more

Curious about his likely eligibility for an early retirement incentive program, a systems analyst printed a report showing the hire dates of his coworkers. He also told his union about a discrepancy in another employee’s hire date. Arbitrator Walter Kaufman agreed with the employer, Community Redevelopment Agency of the City of Los Angeles (CRA/LA), that … Read more

An employee’s failure to improve his attendance provided just cause for termination, even though there was a valid medical reason for each of his absences, arbitrator Ruth Glick decided in a case involving the Sacramento Municipal Utility District. The absences occurred after the district imposed progressive discipline, including a decisionmaking leave after which the employee … Read more

In a case requiring interpretation of gun laws, arbitrator Robert Hirsch upheld the termination of a public safety dispatcher who carried a gun at work without a concealed weapon permit. However, the City of Dos Palos was required to pay a month’s salary for violating the appellant’s Skelly hearing rights. The appellant was hired in … Read more

An anonymous report and an overzealous private investigator led Arbitrator Ed Scholtz to recommend that the City of Hesperia reinstate an employee with full back pay. The arbitrator also noted that the employee should not have been disciplined a second time for several items in the list of charges. The grievant was an animal control … Read more

When an employee chose to arbitrate his discharge, rather than appeal it to the civil service commission, the termination dispute was still arbitrable after he applied for retirement benefits. In some cases involving civil service appeals, the courts have ruled that a commission lost jurisdiction of a disciplinary appeal when the employee retired. But the … Read more

A staff researcher angered the professor in charge of her unit, but her whistleblower complaint was not the motivation behind her layoff, arbitrator Paul Staudohar found in a case involving the School of Veterinary Medicine at the Davis campus of the University of California. The grievant was one of 12 employees scheduled for layoff during … Read more

Urged by the California Energy Commission to submit a final report even if minor aspects of the project were not completed, a project manager for Orange County prematurely certified that a compressed natural gas (CNG) fueling station project was finished. Arbitrator Walter Kaufman ruled that his discharge for falsification and improperly contracting for services was … Read more

Public Sector Arbitration Log

Posted on September, 2011

ATTENTION ATTORNEYS AND UNION REPS Celebrate your victories or let us commiserate in your losses! Share with CPER readers your interesting arbitration cases. Our goal is to publish awards covering a broad range of issues from the state’s diverse pool of arbitrators. Send your decisions to CPER Journal Editor Katherine Thomson, Institute for Research on … Read more

The parties may have agreed that a richer pension formula would apply retroactively, but an arbitrator’s award enforcing that agreement violated the public policy embodied in the Dills Act, announced the Court of Appeal in California Statewide Law Enforcement Assn. v. California Department of Personnel Administration. Because the legislation ratifying the agreement to grant regulatory … Read more