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Off-Duty Behavior by Police - Arbitrators Determine if On-the-Job Discipline is Appropriate

NCJ Number
102013
Journal
Journal of Police Science and Administration Volume: 14 Issue: 2 Dated: (June 1986) Pages: 102-111
Author(s)
M Marmo
Date Published
1986
Length
10 pages
Annotation
This article presents the general findings in 23 selected arbitration cases (all concluded since 1973), which involved disputes between police officers and their employing agencies regarding disciplining for off-duty behavior.
Abstract
As has long been the rule in the private sector, arbitrators in the cases reviewed held that police administrators have the right to discipline police personnel for off-duty behavior that adversely impacts the department that employs them. Because of the sensitive nature of police work and its susceptibility to adverse publicity, police personnel were held to higher standards of off-duty behavior than workers in other types of employment. Management's ability to impose discipline for such misbehavior, however, must be balanced against the grievant's previous record as an employee and the rights and protections given to all citizens. Although police administrators have the right to discipline officers for off-duty misbehavior when the department is adversely affected, it is difficult to determine whether such a negative impact has resulted. Adding to the ambiguity in such cases, different arbitrators used significantly different standards of proof to ascertain if a worker's off-duty behavior adversely impacted the department. 1 reference and 44 notes.

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