We've been busy lately and haven't been able to update promptly so apologies there, but last Monday we finally had a hearing for the Sergeant's Test grievance at the Labor Board. The hearing was held virtually via Zoom, this was our first time having a remote hearing and we have some bugs to iron out for the future hearings but I think we've got a grasp on it. It definitely doesn't work nearly as well as in person hearings though.
As you may remember, back in November of 2019 before we began the hearings the Town challenged the arbitrability of the grievance and the Union won the decision unanimously, you can read about that here. This means the entire 3 member panel, including the Town's advocate, agreed that the matter could legally be arbitrated and a binding decision issued, and we then proceeded to have hearings until the shut down happened.
During the shut down the Town filed a motion to reconsider the arbitrability back in June, the panel did not even respond to their motion at that time as the matter had already been decided in November and we'd already begun hearings. When we commenced the virtual hearing on August 17th, the Town again asked the panel to reconsider the arbitrability based on the same exact argument the panel had rejected back in November and June, but this time with a new twist. This time the Town threatened to appeal the panel's decision to Superior Court regardless of the outcome of the hearing. Faced with the prospect of being dragged into Court and possibly having their decision overturned, the panel quickly called for a private caucus. 15 minutes later they returned and stated that they had now unanimously decided that their previous unanimous decision to grant arbitrability was actually incorrect, and they were now declaring that the matter cannot be arbitrated, even though we had already held hearings, submitted evidence and heard witness testimony. So they effectively dismissed the case without a decision.
We were all left shocked since we believe this situation is unprecedented for a panel to overrule themselves halfway through a case. Either they weren't confident in their decision, or they just didn't want the hassle of being sucked into a Court battle and decided that a little bit of corruption on a promotional exam is acceptable if it means they can skip a Court date. The whole situation is a joke and really shakes our confidence in the integrity of the Labor Board. We've lost cases there before, and we can accept that as long as we're given a well reasoned, thoughtful decision, even if we disagree with it. But this was nothing more a punt plan a simple, they just didn't want to deal with the hassle so they sent us on our way. We hope this doesn't set a precedent for future cases where either side can just threaten to inconvenience the panel so much that they toss the case just to avoid dealing with it.
This isn't a huge setback however, the Labor Board was always just a secondary venue for this case. The primary focus is still assisting the members who have appeals of the test before the Personnel Appeals Board. However we still haven't heard anything about when, or how the PAB hearings will resume. So the process will still remain on hold until those hearings conclude and we get a decision there.
Despite last week's outcome, the Labor Board process did have significant value since it helped us get all of the test documents made available to all of the candidates so they could see what really happened. Getting those documents out there served to strengthen the resolve to get answers and a better process that's less prone to corruption in the future.
We'll update further when we know more.
9 comments:
At what point does the chief get involved? Does he even care? We used to have 20 sgts!
We need some leadership !
The admin does absolutely nothing!
Is it affected by COVID-223
Love when he works mids ot until 7 but calls out at hq at 6 to do his regular court officer job and sticks others with calls in his beat. Great team player! So when does he usually start his court gig when he’s not working mids? Maybe his lieutenant should pay attention to that instead of going on coffee runs all day.
COVID-223? What am I missing????
It’s even better when he flips through the ot book 5 times a day! Think he got thrown out of the desk officer office last week by the WC because they are sick of his shit too!
Thank you pj Officer for doing the court officer’s job yet again today while he worked days overtime. Great team player he is I’m sure you love doing the job he agreed to do. Why is it NOBODY else does it except that greedy douche??
Be careful...Covid-223 is a virus so strong it can destroy the Work From Home day for 110 cops. It's power is immeasurable. No vaccine known other than an overtime slip and ample amounts of spring water.
Because it’s never enough and he always screws things up for everyone else because of his selfishness and pure greed. Nobody likes him and everyone is sick and tired of his tweaking the rules so HE can benefit at our expense. What is his ACTUAL start time, not the one he manipulates to work midnights overtime? If it is 6 than he should not be allowed to flex/change/adjust for the midnights. Lieutenant Milk Toast doesn’t give a shit and doesn’t watch him and knows that he works days overtime during the week when he is supposed to be court officer. Go figure the LEAD investigator of CIB is freakin clueless.
Help help help! I see someone with a warrant! Can the police come get him!? (I cant im scared) Hes yelling!!! Omg hes SO loud! Also...can i still keep suing even tho...ya know..im what matters (Not you guys or the truth that im the problem. -tweet tweet twee
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