CAPE Wins Arbitration Against DPW; Member Wrongfully Disciplined by Management is Vindicated

On March 22, 2006, a DPW CAPE member was called into an investigation meeting believing he was being interviewed as a potential witness to a retired former DPW employee’s misconduct. Thinking he was a witness, the CAPE member felt that he did not need representation and did not assert his Weingarten Rights (his right to have a union representative present).  However, he soon found himself the target of the investigation.  

With neither representation, nor access to records, the member was expected to accurately recall incidents, words, gestures and behaviors of a racial, sexual or sarcastic nature allegedly made by himself and other co­workers dating back to 2002 (four years prior to the interview).  Alone, and under questioning he described as prosecutorial, the member felt he was under attack and that his integrity was being questioned.  He became defensive and his memory failed. The member responded inaccurately to a few questions, including about his own work record.  He attempted to correct himself upon reviewing his own records the next day with the Department.  Yet the DPW investigator added another allegation against the member, accusing him of willful deceit in the investigation.  

Rather than committing to finding out the facts about what actually occurred, DPW presumed the member guilty and used the investigation process to build a case against the member.  This “the employee is guilty and we’re going to prove it” approach by DPW to investigating alleged misconduct is all too common.  Had DPW management been more mindful of its obligation to conduct a fair and thorough investigation, the injustice perpetrated in this case might have been avoided.  

Unfortunately, DPW management went the opposite route, digging their heels in against the CAPE member and ultimately imposing a 4-day suspension as disciplinary action.  The suspension was imposed in 2007, five years after the alleged misconduct!

CAPE represented the member in challenging the suspension through all three levels of the grievance procedure and ultimately in arbitration.  Earlier this year, the impartial Arbitrator ruled that 1) the evidence provided by DPW was insufficient to sustain the charges underlying the discipline, therefore, the member was not disciplined for proper cause, and 2) the suspension was to be rescinded.  The CAPE member was recently made whole in time, wages and benefits, and the wrongful discipline was removed from his work record. 

The positive result CAPE achieved for this member is rare due to the unique circumstances.  Normally when members participate in investigative interviews without CAPE representation, DPW investigators use their statements and conduct against them resulting in discipline.   

Never go into an investigative interview without proper representation! Always assert your Weingarten Rights and call CAPE!