Bloomberg Law
March 16, 2023, 2:03 AM

Case: Labor Arbitration/Discharge (Arb.)

Arbitrator Diego J. Pena ruled that the city of Denton, Texas, acting through its fire chief, had just cause to discipline a fire captain based on city policy, but not to discharge him when he arrived at work on October 2nd impaired and unfit for duty. Arbitrator Pena stated that even though the chief and firefighters believed that the grievant was intoxicated because they “smelled alcohol” on him, he slurred his words, and he said he “felt ‘hungover’,” he was never tested for being under the influence of alcohol, and their reasonable suspicion was insufficient to justify his discharge which ...