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EAA Wins Another Recreation and Parks Case Through Arbitration

After evaluation of the facts presented by Mr. Cherness, the arbitrator reversed the suspension, reduced the discipline to a NTCD, and ordered full back pay and benefits for the five days already served.

The member was accused of failing to maintain a harassment free workplace due to the following circumstances. A subordinate of our member used a sexually-oriented slur in describing a person who Rec. and Parks had declared dangerous to both visitors and employees. Realizing this word should not be used in the workplace, our member counseled the subordinate, but then made the mistake of repeating the slur, in context, to another employee. Thinking better of his action, he immediately apologized for his repeating of the term.

The EAA member is an exemplary 34-year employee with a spotless record and immediately corrected his own mistake. Three co-workers testified on his behalf and Mr. Cherness effectively demonstrated that he had never harassed anyone, nor had he ever allowed any harassing or discriminatory actions in the workplace. The arbitrator agreed that the suspension was overly harsh for his self-corrected mistake.