FEDERAL COURT HIGHLIGHTS ANOTHER WAY UNIONS CAN OVERTURN EMPLOYEE TERMINATIONS
An arbitrator blundered, a federal court spotted his blunder, and unions should make sure arbitrators give their members the full benefits of the law. In this case, an agency terminated an employee on two charges, but the arbitrator only upheld one of them. Nonetheless, the arbitrator…
upheld the termination because he determined the warden considered the relevant Douglas factors and exercised his discretion “within tolerable limits of reasonableness.”
When the employee appealed her 2018 removal, the court pointed out that when an arbitrator sustains fewer than all of the agency’s charges, the arbitrator “may mitigate to the maximum reasonable penalty” for the sustained charges unless the agency has indicated it desires a lesser penalty be imposed on fewer charges, which the agency did not do in this case.
The court went on to drive home that point with these words, “ the arbitrator must independently analyze and balance the relevant Douglas factors.” In other words, s/he cannot simply address each factor and report that the agency considered it. Double check that when you succeed in having one or more charges thrown out.
For more details on this case, see JACQUANA WILLIAMS, v. FEDERAL BUREAU OF PRISONS, No. 2022-1575 Fed. Cir. (July 6, 2023)
