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A grievance filed by MAP has resulted in the return of a 20-year veteran Clay Township Police officer to the rank of sergeant. In agreeing with the union's position that a demotion was an inappropriate resolution to the case, Arbitrator Joseph P. Girolamo ordered that James Casler be restored to his original rank. In addition, he directed that the officer be "made whole for all lost wages and benefits from November 21, 2000." Casler had been demoted to corporal because of seven charges of insubordination and one of conduct unbecoming a police officer. All of the charges stemmed from what the Clay Township chief claimed was a failure to follow a directive by not distributing certain special orders. While the employer argued that the alleged violations meant that there was just cause for the demotion, MAP Labor Relations Specialist Ron Palmquist successfully argued that the action was punitive, rather than corrective. Palmquist pointed to the statement of another arbitrator in ruling on a different matter: "Progressive discipline is founded on the principle that an employee should learn from prior penalties and avoid the increasingly severe punishment that will follow from repeated infractions." The union also was critical of the fact that, as related to the validity of that statement, Casler was not given adequate warning in regard to his performance. Arbitrator Girolamo, in his written decision, described the progressive discipline principle as "an appropriate backdrop" to Casler's case. Further, while noting that "the chief is the individual in charge and he does have authority to implement policy and a rightful expectation to compliance with his directives," he went on to emphasize that Casler's status as a longtime township officer should be taken into consideration. "By the same token," he said, "individuals under the chief's command, especially those with long tenure and rank, are entitled to treatment commensurate with tenure and rank." |
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