AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Disciplinary Punishment - Fines & Extra Duty
U. S. SUPREME COURT
Court summarily affirms a three-judge
panel that upheld the imposition of "extra duty" as an authorized
disciplinary punishment of police and fire personnel. Ahearn v. DiGrazia,
429 U.S. 876, 97 S.Ct. 225, 1976 U.S. Lexis 3048 (1976).
ARBITRATION
Arbitrator rejects
a grievance by a public school teacher seeking paid time off to view a
series of self-improvement videotapes. He was ordered to view the tapes
as a corrective measure after he treated students in a derogatory, degrading
and offensive manner. Because of the disciplinary nature of the principal's
order, he was not entitled to paid time off to view the tapes. East Guernsey
Bd. Educ. and E.G. Teachers Assn., 120 LA (BNA) 30, AAA Case #53-390-00785-03
(Skulina, 2004). {N/R}
ILLINOIS
Firefighters were lawfully fined by their
city for disruptive behavior in paramedic class, including one who wore
a Tee shirt reading "Compassion Sucks." Kadzielawski v. Fire
& Police Cmsn. of Skokie, 551 N.E.2d 331 (Ill.App. 1990).
MASSACHUSETTS
Massachusetts General Laws, c. 31, Sec.
43(g) authorize extra duty punishment, which was upheld in Ahearn v. DiGrazia,
412 F.Supp. 638, 1976 U.S. Dist. Lexis 15215 (D. Mass. 1976), and summarily
reaffirmed by the U.S. Supreme Court (see above).
NEW YORK
Leaving one's post merited forfeiture
of 15-days of vacation. Connell v. Ward, 564 N.Y.S.2d 160 (A.D. 1990).
Forfeiture of 15 days of vacation and 6 months
probation appropriate punishment of police officer who twice left his duty
post for brief periods. Brown v. Ward, 559 N.Y.S.2d 512 (A.D. 1990).
Five-day administrative fine upheld for failing
to immediately report damage to department vehicle. Turzyn v. Rozzi, 520
N.Y.S.2d 601 (A.D. 1987).
Appellate court upholds $100 fine and three
month probationary period for negligent vehicle operation. Waite v. Connelie,
417 N.Y.S.2d 323 (A.D. 1979).
Extra-duty punishment; appeals court refuses
to disturb forfeiture of five recreation days. Ruprecht v. City of Cincinnati,
64 Ohio App. 2d 90, 411 N.E.2d 1504; see also: Ahearn v. DiGrazia, 97 S.Ct.
225 (1976), affirming 412 F.Supp. 638 (D. Mass. 1976).
OHIO
Extra-duty punishment: appeals court
refuses to disturb forfeiture of five recreation days. Ruprecht v. City
of Cincinnati, 64 Ohio App.2d 90, 411 N.E.2d 1504.