• Board of Mediation and Arbitration
  • Board of Mediation and Arbitration
  • 2011-A-0758
  • Feb 04 2013 (Date Decided)
  • Halperin, Esq., and Neary – Sullivan dissented

Arbitrators can order a reduction in discipline that is overly harsh. Allegedly, Sergeant Darlene Froehlich injured her neck in a motor-vehicle accident, en route to work on Nov. 4, 2010, and arrived late. Froehlich filed a request for workers' compensation, and the municipality accepted her claim. The municipality issued a written reprimand, because Froehlich allegedly did not promptly report the motor-vehicle accident to the police department. The union objected that Sergeant Froehlich promptly called the police department. Arbitrators found that Sergeant Froehlich may not have strictly complied with the police department's rules about informing it she was in a motor-vehicle accident on the date of the incident. A written reprimand was overly harsh, and arbitrators reduced the discipline to an oral reprimand. Eric Brown represented the union, and Frederick Dorsey represented the municipality.