Edward Sinor vs Florida Department of Corrections, Case #14-30562
Apr 22, 2015OUTCOME: Win for Sinor
It’s a trifecta of wins out of Charlotte Correctional Institution! Congratulations, to Edward Sinor who was summarily terminated with about 30 others in September 2014 for allegedly contributing to ... the death of an inmate. The arbitrator ruled as follows: “First of all, one of the fundamental principles encompassed by the concept of just cause is that an attempt must be made to thoroughly and fairly investigate any allegations of wrongdoing prior to taking any disciplinary action. . . This principle, which is a basic and indispensable aspect of an employee’s right to due process and fair treatment was completely ignored in the present case. Second, it is likewise abundantly clear that an equally important aspect of just cause was disregarded by the Department when it failed to afford the Grievant the opportunity to confront and critique the evidence relied upon by the Department, and to consider the sufficiency of its evidence in view of the Grievant’s arguments and exculpatory evidence. Third, due to the lack of any evidence, there is no proof whatsoever to establish that the Grievant is in fact guilty of the charge that he, “inappropriately participated in a use of force that resulted in the death of an inmate.” In the absence of such evidence there is no alternative but to dismiss the charge as unfounded. Finally, . . . regardless of the circumstances an Employer cannot “jump the gun” on an investigation and sever an employee’s employment without completing the investigation. That precept was clearly violated in the present case when the Grievant was summarily discharged. Based on the reasons set out above, the grievance must be sustained. As a remedy the Grievant must be reinstated to his former position and made whole for his financial losses.” The Department is responsible for the Arbitrator’s fees. Justice is finally served and the U.S. Constitution dutifully preserved by the Arbitrators! The full context of the order may be read here: https://www.dropbox.com/s/iutey1dz3fj7yul/Edward%20Sinor%20Opinion%20and%20Award.pdf?dl=0
