Can You Fire a Caseworker for Failure to Complete His Work In Time ?
In Greene County v. District 2, United Mine Workers of America, 578 Pa. 347, 852 A.2d 299 (2004), an arbitrator considered the discharge of a Children and Youth Services (CYS) caseworker who failed to complete his work in a timely fashion and in other ways was found to have performed his job in a negligent fashion. Because of mitigating circumstances, the arbitrator converted his discharge into a suspension.
The employer challenged the award, asserting that once the arbitrator found that grievant engaged in the misconduct for which he was terminated, the arbitrator was required to find just cause and to uphold grievant's discharge and the arbitrator was without the authority to alter the discipline imposed by the Employer. Greene County, 578 Pa. at 359, 852 A.2d at 307.