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State2/25/2005
2, the arbitrator awarded Algasso reinstatement to his former position as kitchen steward with full back pay, including statutory prejudgment interest from April 25, 1993, through March 12, 1997, the day of his nolo plea to the 1995 charges. In so doing, the arbitrator cited the departmental code of ethics and conduct, which states as one ground for termination a " inding of guilt or a plea of nolo contendere to a criminal charge." (Emphasis added.)
Analysis
In its opinion the majority has acknowledged the "extremely limited" role of the judiciary with respect to the arbitration process. See Purvis Systems, Inc. v. American Systems Corp., 788 A.2d 1112, 1114 (R.I. 2002); Rhode Island Council 94, AFSCME, AFL-CIO v. State, 714 A.2d 584, 587 (R.I. 1998). The majority also says that it is abiding by the principle that the Court should "not reconsider the merits of an award despite allegations that it rests upon errors of fact or on a misinterpretation of the contract." Rhode Island Council 94, 714 A.2d at 588 (citing United Paperworkers International Union, AFL-CIO v. Misco, Inc., 484 U.S. 29, 36 (1987)).
It appears to us, however, that in its holding in this case, the majority has, in fact, substituted its judgment for the judgment of the arbitrator, thereby undermining the strong public policy encouraging the private settlement of labor grievances through the relatively inexpensive and expedient means of arbitration. Id.; see also Purvis Systems Corp., 788 A.2d at 1118.
In our view there is no reason to disturb the arbitrator's determination of a lack of just cause in this case. The arbitrator gave careful consideration to the contractual provisions of the collective bargaining agreement, the terms of the code of ethics and conduct, and the practices and termination policies enforced by the department. Upon due regard for all the testimony presented at the arbitration hearings, and carefully weighing the evidence with an eye for how such evidence was obtained, we believe that the arbitrator's award of reinstatement was not irrational and did not conflict with the provisions of the collective bargaining agreement.
We also distinguish this case from those cases in which this Court has held an arbitrator to have improperly substituted his judgment for that of the director of the Department of Corrections, or exceeded his powers in altering the discipline imposed. In those cases, the conduct of the correctional officer had a direct nexus to the job, clearly compromised security at the facility, or was egregious. See State v. Rhode Island Brotherhood of Correctional Officers, 819 A.2d 1286, 1289 (R.I. 2003) (holding that the arbitrator did not have authority to alter the discipline from termination to sixty-day suspension for misplacing a key found in an inmate's possession); see also State Department of Corrections v. Rhode Island Brotherhood of Correctional Officers, 725 A.2d 296, 299 (R.I. 1999) (the Riel case) (arbitrator erroneously and irrationally changed director imposed termination to thirty-day suspension for officer convicted and incarcerated for driving under the influence ); cf. State Department of Children, Youth and Families v. Rhode Island Council 94, 713 A.2d 1250, 1259 (R.I. 1998) (arbitrator exceeded powers when he found department lacked just cause to dismiss employee convicted of violent crimes).
In its holding, the majority cites Riel for the principle that the extent and severity of discipline is left to the DOC director and that that determination is not subject to review by an arbitrator. However, even a cursory review of the Riel case reveals that it is factually distinguishable from the matter now before us, and that the ma
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