Mediator Decision in Perjury Case

OFFICES Nth! UNITED STATES OF AMERICA FEDERAL MEDIATION AND CONCILIATION SERVICE VOLUNTARY LABOR ARBITRATION PROCEEDING In The Matter of Arbitration Between: THE CITY OF NEW PHILADELPHIA, EMPLOYER, and ORDER or POLICE, OHIO LABOR COUNCIL, INC., UNION. GRIEVANT: DAVID CIMPERMAN FMCS CASE NO.: 020124?037012-6 Arbitrator's Opinion and Award Arbitrator: Dr. David M. Pincus Date: December 20, 2002 ea 5 wow Bgsj?n? Robert J. Tscholl Attorney Det. Capt. Michael Goodwin MPPD Jennifer Arnold Attorney David Hipp Assistant Prosecutor Det. Lt.0rvis Campbell Tuscarawas Sheriff?s Dept. Amanda Robin Witness David Blackwell Attorney Jason Ryan Witness Philip Witness Jeff Urban Chief of Police weir-Lion David Cimperman Grievant Michael Piotrowski General Counsel James Boomer Staff Representative Sheldon Demattio Captain Rocky Dusenberry Traffic Officer OFFICES PHILLY ND 199 08146 11me t-r'tilm Bu Finally, one of the undisputed facts in this case, was that the grievant arrived on the scene thinking that an armed break in had occurred for drugs. And it is also undisputed that the burglars actually got into the basement through a locked door. 50 it was not unforeseeable, in this Arbitrator?s View, that access to the basement through the door was Unrestricted because at least two others got through. And this Arbitrator does not View it as unusual that the grievant could not recite, chapter and verse, a complete and detailed description of the lock in circumstances where the everyone?s lives were potentially in danger. VII. [he Ee?atd The Union's grievance is sustained. The grievant shall be reinstated with full back pay and benefits as a captain retroactively to August 23, 2001. No overtime shall be added to the backpay. Interim earnings shall be deducted from the backpay. The Arbitrator retains jurisdiction over any remedy disputes. Moreland Hills, Ohio December 20, 2001