Arbitration, collective bargaining, union issues, off duty conduct

The Boston Police Department appeals an arbitrator's ruling concerning a police officer. After threatening three civilians with his service revolver while off duty and intoxicated, the officer was suspended for one year and placed on an additional year of probation. When the time came for the officer to be reinstated to his former assignment, the department ordered him to undergo psychiatric testing. The officer referred the matter to his union and the issue was submitted for arbitration

The arbitrator ordered the officer returned to duty with full benefits and responsibilities. The arbitrator ruled the officer had completed his suspension and any new action against the officer would be new punishment.

The officer loses. The Massachusetts Court of Appeals ruled that the arbitrator had exceeded his authority. The court said the department had the authority to order psychological testing for the officer.