From the desk of NEPBA Executive Secretary Bill Ryan
The Grievant, a correction officer with the Norfolk Sheriff’s Office, was suspended following an April 24, 2020 incident in which it was alleged that he acted in an insubordinate manner toward his supervisor and refused to abide by a lawful directive from his supervisor. Additionally, as a result of the April 24, 2020 incident, the Grievant was also removed from his position with the Special Response Team (SRT) which resulted in additional loss of pay.
In reversing the suspension the arbitrator held that the overall record did not establish that the Grievant was insubordinate; that the suspension was issued without just cause and that it should be rescinded and expunged from the Grievant’s personnel file; that the Grievant was to be made whole for lost pay and corresponding benefits; that the Grievant’s SRT status should be re-evaluated; and that the rescinded suspension could not be factor in any future consideration of the Grievant’s SRT status.
NEPBA Attorney Tom Horgan handled this case.