Arbitrator Overturns Suspension of Fire Fighter

A neutral arbitrator has determined that the Town of Bourne lacked just cause to issue a two-shift suspension of a fire fighter for taking a moment to assist his wife with a medical test in a fire station bathroom. Attorney Patrick Bryant represented Local 1717, IAFF at the hearing.

A fire lieutenant, during a break in the work day, helped his then-fiance and now wife) conduct a test in the department bathroom, for less than one minute. The Town and the Union basically agreed that the Grievant was not committing any misconduct in the bathroom. The incident occurred within the full presence of the Fire Chief. No other fire department employees, or members of the public saw them exit together. When ultimately questioned, the Grievant immediately apologized for the bad impression that may have been created by conducting a test with his wife in the bathroom.

Nonetheless, the Chief suspended the Grievant for two shifts (also known as one tour lasting 24 hours), claiming that the Grievant was insubordinate, improperly conducted personal business on department time, and was detrimental to himself or the department.

The arbitrator ruled quickly that the Grievant was not insubordinate, because that requires defiance of an order. Here, there was no express order defied by Grievant. Next, the arbitrator agreed with the Union that the Grievant did not engage in personal business on duty. He found that brief visits from family members has never been considered "personal business," which usually refers to some economic activity.

The arbitrator, however, found that the Grievant made an error of judgment in creating an appearance of impropriety by exiting from the bathroom with his fiance at the same time. He found that the appropriate discipline was a written warning, as previous disciplinary actions did not involve similar conduct. In lowering the discipline, the Chief also considered that the Grievant apologized verbally and in writing.

The arbitrator ordered that the suspension be expunged from the employee's record and the Town pay him for the pay it withheld him.