IN THE MATTER OF ARBITRATION BETWI ‘THE CITY OF EUCLID, OHIO AND FRATERNAL ORDER OF POLICE LODGE 18) Grievances’ Patrol Officer Donald Ivory: Discharge Date of Hearing: November 20, 2018 City of Euclid City Hall Case No: 01-18-0003-0404 Date of Award: February 15, 2019 Finding: ‘The Grievance is sustained, Union Represehtative: Joel D. Glasser Fraternal Order of Police 222 E. Town Street Columbus, OH 43215 City Representative: Kelley A. Sweeney City of Euclid 585 F, 222" Street Euclid, OH 44123 OPINION AND AWARD Michael Paolucet ‘ArbitratorBy e-mail correspondence dated August 28, 2018, from Michael W. Piotrowski, the General Counsel for the Union, the undersigned was informed of his designation to serve as arbitrator in an arbitration procedure between the Parties. On November 20, 2018, a bearing went forward in which the Parties presented testimony and documentary evidence in support of positions taken. ‘The record was closed upon the submission of post-hearing briefS from both Parties, and the matter is now ready for final resolution. ievance and Que fon to be Resolved The following Grievance (Joint Exhibit 2) was one (1) of two (2) Grievanees presented, ‘and was filed on July 18, 2018, and comprises part of the pertinent subject matter of this dispute. Explanation of Grievance: On July 17" the City terminated PU, Ivory’s employment without just ease Specific Section(s) of Bargaining Agreement Violated: Article 28 Section 1A Remedy Requested: Reinstated to position with back pay. The Grievant requests the City to make him whole. The following Grievance (Joint Exhibit ~ 2) was the second (2%) of two (2) Grievances presented, and was filed on May 9, 2018, and comprises part of the pertinent subject matter of this dispute, Explanation of Grievance: Pu. Ivory #19 does not believe that there is just cause to discipline him for the charges stemming from incident A-18-08 on 04/23/18 4-06-08 on 05/04/18. 2|PageSpecifie Section(s) of Bargaining Agreement Article 28 Section (A) Remedy Requested: ; Reinstaie Pil. Ivory #19, rescind the discipline and expunge this discipline From the file The questions to be resolved are whether the City had just cause, and thereby whether it violated the Agreement, when it suspended and discharged the Grievant, Patrol Oflicer Do d Ivory; and itso, what should the remedy be? jons of the Agreement The following portions of the Parties Collective Bargaining Agreement (Joint Exhibit 1), hereinafter “Agreement”, were cited: ARTICLE 28 DISCIPLINE SECTION |. The discipline policy for the Department is contained in the Police Department Policy and Procedure Manual, and is incorporated in this agreemer by reference. Revisions to the discipline policy shall be made through the joint ‘effort and agreement of the Labor-Management Committee. (A) No employee shall be reduced in pay or position, suspended or removed except for just cause. Further, no form of disciplinary aetion will be taken against any employee except for just eause. The following portions of the City’s Police Department's Rules and Regulations (City Eshibit — BB), hereinafter “Rules”, were cited: 10.01 VIOLATION OF RULE 31P