Sandulli Grace, PC Wins Reinstatement For Fall River Police Officer

For the second time in a decade, the law firm of Sandulli Grace, PC has secured the reinstatement of Fall River Police Officer terminated for substance abuse. More than a decade ago, the City unilaterally implemented a drug policy, including testing, and fired a police officer for alleged violation of it. With the help of Sandulli Grace, the Union fought the City’s action before the Labor Relations Commission and an independent arbitrator. Drug testing is a mandatory subject of bargaining. Moreover, in a unionized setting any termination, even where a drug test is involved, still must satisfy requirements of just cause, including due process and progressive discipline. The Union prevailed in both settings, securing reinstatement and back wages for the terminated officer.
As a result of these victories, the parties negotiatedcomprehensive drug testing language. The language provided a number of protections to officers suspected of drug use, including an internal appeals process, the use of a certified laboratory, and other mechanisms to challenge the result.
In 2005, the City terminated a (different) police officer foralleged substance abuse. In this case, the City suspected an officer had been abusing drugs and demanded to review his medical records. When his records revealed an allegedly incriminating test result, the City fired him. After hiring Sandulli Grace to fight on his behalf, the officer’s termination was reversed by an arbitrator.
In a decision issued Spring 2006, Arb. Robert J. Canavan found that the City could not circumvent the drug testing language by just plumbing an officer’s medical files. The City, therefore, failed to produce clear and convincing evidence that the officer abused drugs.The Arbitrator ordered the City to reinstate the officer and pay lost wages, including for missed details and overtime opportunities.