City of Bradford v. Teamsters Local No. 110

25 A.3d 408 (2011)

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City of Bradford v. Teamsters Local No. 110

Pennsylvania Commonwealth Court
25 A.3d 408 (2011)

Facts

James Taylor was a garbage collector for the City of Bradford (city) (plaintiff). As Taylor placed garbage into a truck, a purse spilled out a large sum of money. Taylor gave the purse to a supervisor but kept the money. The supervisor contacted the police, who determined that the purse had been reported stolen. Police officers questioned Taylor, who initially denied but ultimately admitted that he took the money. Taylor then returned the money to the police. The next day, the city issued a disciplinary report alleging that Taylor violated various city policies. After a hearing, the city concluded that Taylor committed the offenses and terminated his employment. The Teamsters Local Union No. 110 (union) (defendant) filed a grievance under the collective-bargaining agreement (CBA) between the city and the union. The parties went to arbitration. The arbitrator concluded that Taylor violated only one policy, which prohibited theft. But the CBA did not require termination for a first-time violation of that policy, and whether termination was appropriate depended on whether restitution was made. The arbitrator found that the city failed to consider mitigating circumstances, including Taylor’s positive work history, the isolated nature of the incident, and the fact that Taylor made restitution of the money. For these reasons, the arbitrator reduced the termination to a long-term suspension. The city appealed the arbitrator’s award to the courts. After several appeals and remands, the trial court ultimately refused to vacate the arbitration award.

Rule of Law

Issue

Holding and Reasoning (Leadbetter, J.)

Dissent (Leavitt, J.)

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