Can An Arbitrator Reinstate An Employee Who Is Proven to Have Stolen ?
In City of Easton v. American Federation of State, County and Municipal Employees, AFL-CIO, Local 447, 562 Pa. 438, 756 A.2d 1107 (2000), a city employee was discharged for allegedly requesting and receiving pay for hours not worked, falsifying records and neglecting duties.
He filed a grievance, and a board of arbitrators ruled that the city did not have just cause to terminate the employee.
In reversing the arbitrators' award, our Supreme Court stated that, "governmental entities do not have the freedom to relinquish their right to terminate an employee who is proven to have stolen property from them." Easton, 562 Pa. at 447, 756 A.2d at 1112.