Ask The Lawyer

By Debra Roth

Q & A Session – Disciplinary Action

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

I was stopped for a speeding violation and then arrested for a DUI. I called my supervisor 9.5 hours prior to my scheduled tour the next morning. I received an admonishment before I went to court. I subsequently had the charges dismissed. If I take the admonishment to arbitration under a collective bargaining agreement with my union, will I have any chance of having the admonishment removed? I have no other disciplinary actions on my record and a good 10-year record of fully satisfactory evaluations.

A:

First, you have to ask your union whether you have a realistic chance of it invoking arbitration for an admonishment. Arbitration is expensive and your union has discretion whether to invoke arbitration. You do, of course, have a grievance procedure where your issue can be raised. I cannot comment on your chances since I don’t know all the facts.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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