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ARBITRATION SUMMARY AND AWARD LOG (DOC)

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ARBITRATION SUMMARY AND AWARD LOG (DOC) Powered By Docstoc
					                                OCB AWARD NUMBER 1803:

SUBJECT:                              ARB SUMMARY # 1803

TO:                                   ALL ADVOCATES

FROM:                                 KENNETH COUCH

DEPARTMENT:                           Rehabilitation and Corrections
UNION:                                SEIU/District 1199
ARBITRATOR:                           Robert G. Stein
GRIEVANT NAME:                        Lisa Corwin
MANAGEMENT ADVOCATE:                  David Burrus
2ND CHAIR:                            Mike Duco
UNION ADVOCATE:                       Lee Alvis
ARBITRATION DATE:                     October 13, 2004
DECISION DATE:                        January 31, 2005
DECISION:                             DENIED
CONTRACT SECTIONS:                    Articles 6 and 8.
OCB RESEARCH CODES:                   118.251 – Violation of Post Orders, Policy, Procedure;
                                      118.6465 - Relationship – Inmate; 118.6515 – Poor
                                      Judgment; 118.01 Discipline in General


HOLDING: The Grievance is DENIED. The Arbitrator held that the Employer proved by
clear and convincing evidence that the Grievant deliberately acted to do a favor for two
inmates in direct violation of known Department policy and orders. The removal was for just
cause. Additionally, the Arbitrator held that he would not consider a written closing brief
which contained a statement by the Grievant, who did not testify at the hearing.

The Grievant was a fourteen (14) year employee and a Social Worker 2 at Southeast Correctional
Institution (SCI). On March 9, 2004, the Grievant arranged a three-way phone call between an
inmate at SCI, his domestic partner, who was incarcerated at Noble Correctional Institution (NCI),
and a mutual friend, outside of the Department. The Grievant was terminated on May 14, 2004, for
violation of the DRC Standards of Employee Conduct Rule 45(a) which forbids the giving of
preferential treatment to any individual under the supervision of the Department, without prior
permission.

The Employer argued that the phone call was made as a favor to the two inmates and that there was
no therapeutic planning that supported the call. The Grievant made no note of the phone call in the
inmate’s file. The Grievant did not contact NCI and arrange the call through the second inmate’s
case worker. The second inmate was not accompanied by a social worker at NCI during the call.
The Grievant was also aware of a separation order that was kept in the inmate’s file and failed to
inquire as to the meaning of the order. The Employer also objected to the Union’s closing brief
which contained a statement by the Grievant who did not testify. The Employer argued that this was
improper because it allowed the Grievant to make a statement without being subject to cross
examination.
The Union argued that the Grievant used the three-way phone call as a means of therapy for the
inmates. The Union also noted that the separation order did not address phone calls. Finally, the
Union argued that the Grievant was a 14-year employee who had been consistently rated “above
average.”

The Arbitrator DENIED the grievance. The Arbitrator found that all of the Union’s arguments were
undercut by the facts. The Arbitrator determined that the lack of notes in the file of the SCI inmate
of the call and the fact that the Grievant did not contact NCI staff about the call made the call look
like a favor instead of a therapeutic intervention. The Arbitrator relied on largely unrebutted
testimony presented by the Employer that the calls were professionally unsound. The Arbitrator
also faulted the Grievant for not even inquiring about the separation order found in the inmate’s file.
The Arbitrator reasoned that a 14-year employee should have known better than to allow the call.
Finally, the Arbitrator agreed with the State concerning the post-hearing brief submitted by the
Union. He ruled that he would not consider any information or arguments made regarding evidence
not presented in the hearing.

				
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