Attorney Condon successfully argued the correction officer had been subjected to greater disciplinary action than a prior officer, who had received a six-month suspension for an almost identical violation.
Boston, Massachusetts (PRWEB) May 31, 2012
Labor Law Attorney and Partner David Condon of the law firm Louison, Costello, Condon, & Pfaff, LLP wins arbitrations for the Massachusetts Correction Officers Federated Union.
The first arbitration award reduced the termination of a correction officer to a six-month suspension. On April 24, 2011, a correction officer was assigned to work a night shift at a minimum-security housing unit. The correction officer’s primary responsibilities were to correctly identify and document the whereabouts of the inmates assigned to the facility. However, an inmate escaped during the correction officer’s shift and was arrested by police after he allegedly went on a shooting spree.
Based on the correction officer’s failure to respond to the inmate’s escape and his erroneous recording of the inmate’s presence, he was discharged from his employment. On behalf of the Union, Attorney David Condon filed a grievance challenging the discharge. Attorney Condon successfully argued the correction officer had been subjected to greater disciplinary action than a prior officer, who had received a six-month suspension for an almost identical violation. On April 13, 2012, an arbitration award was granted in favor of the Union. Finding the termination was unduly harsh and constituted disparate treatment, the arbitrator reduced the termination to a six-month suspension and ordered the reinstatement of the correction officer to his prior position, made whole for lost pay and benefits, less interim earnings.
The matter of arbitration between the Commonwealth of Massachusetts/Department of Correction and the Massachusetts Correction Officers Federated Union was heard before Arbitrator Tammy Brynie, Esq. The information above was taken from Arbitrator Brynie’s Award, AAA# 11 390 1438 11.
The second arbitration, In December 2010, two correction officers were assigned to a high-security cellblock. The officers escorted a handcuffed inmate down a corridor when that inmate tossed a cup of water and yelled obscenities in the direction of another inmate. Since the officers failed to follow a “hands on” escort rule and neither officer documented the altercation, they were terminated.
Attorney David Condon of the law firm Louison, Costello, Condon, & Pfaff, LLP filed a grievance challenging the termination of the two correction officers. On behalf of the Union, Attorney Condon successfully demonstrated it was common practice for correction officers to deviate from standards without consequence and the incident in question was a minor altercation unworthy of an incident report. On May 16, 2012, the arbitrator found the Department of Correction did not have just cause to terminate the officers and ordered the correction officers to be made whole by offering them reinstatement to their positions, with back pay and benefits.
The matter of arbitration between the Massachusetts Correction Officers Federated Union and the Commonwealth of Massachusetts/Department of Correction was heard before Arbitrator Mary Jeanne Tufano. The information above was taken from Arbitrator Tufano’s Award, AAA#11 390 01408 11.
Louison, Costello, Condon, & Pfaff, LLP is one of the most recognized and respected Employment law firms in New England, located in downtown Boston, Massachusetts. The Firm’s attorneys have extensive experience representing public employee unions in all phases of collective bargaining and civil litigation. A large portion of the Firm’s labor law practice centers on representation on behalf of unions and is complimented by disciplinary defense representation for individual employees. For additional information, contact David E. Condon, Esq., at (617) 439-0305.