Monthly Law Journal Article: Insubordination: The principle of “obey and grieve”, 2009 (12) AELE Mo. L. J. 201.
     Appellate court sustains a 30-day suspension of a NYPD detective who disobeyed a superior's order and was discourteous when questioned about the use of computer software. Matter of Nash v Kelly, #102272/08, 63 A.D.3d 483, 2009 NY Slip Op 4723, 880 N.Y.S.2d 286, 2009 N.Y. App. Div. Lexis 4527 (1st Dept.).
     In a 3-to-1 decision, a N.Y. appellate court sustains an arbitration award upholding the termination of a corrections officer for insubordination. She had repeatedly ignored a sergeant’s directive to stop interrupting another employee. A defense that the charges were levied in retaliation for reporting a coworker for assaulting an inmate was rejected. Kowaleski and N.Y.S. Dept. Corr. Srvs., 505383, 2009 N.Y. App. Div. Lexis 2485 (3rd Dept.).
     An officer continued to secretly investigate a business owner for molesting the daughter of the officer's paramour, after he had been given a direct order by the chief of police not to do so. The officer lacked impartiality, and his termination for disobedience to a direct order was justified. Longton v. Vil. of Corinth, #504768, 2008 NY Slip Op 1009, 2008 N.Y. App. Div. Lexis 9799 (3rd Dept.).
    Arbitrator sustains a one-day suspension of the president of a prison officer’s union, after telling a secretary to inform the warden that “he can kiss my ass.” “Flagrant, vulgar and demeaning language in an office venue ... falls into the category of not having to tell an employee to not roll under a moving freight train.” Fed. Bur. of Prisons and AFGE L-3828, FMCS Case #07/51854-3, 125 LA (BNA) 1067 (Moore, 2008).
     Appellate court overturns the termination of a firefighter who was belligerent towards another firefighter, and made disparaging and threatening remarks about a coworker to a superior officer. At the time, the appellant was on medical leave and was at the home of a friend whose child had been injured. The panel noted the firefighter was present as a family friend and the department's rule against "insubordination" did not apply to his off-duty conduct as a private citizen. D'Alessandro v. W. Hempstead Fire Dist., Index #18072/05, Docket #2007-09156, 2008 NY Slip Op 06294, 2008 N.Y. App. Div. Lexis 6140 (2nd Dept.).
     Arbitrator holds that a police officer, who exhausted his extended sick leave after being accused of rape, abandoned his job when he failed to return to work and was not entitled to reinstatement. City of Newark and FOP Ohio, FMCS #050809-05133-8 (Byrne, 2006). [2006 FP Oct]
     Arbitrator affirms the termination of a public employee for shouting obscenities at a superior in the presence of coworkers. Although he had 27 years of service with the county, he had a history of minor disciplinary problems. County of Allegany and AFSCME L-2574, 121 LA (BNA) 582 (Cohen, 2004). [2006 FP Feb]
     Arbitrator reverses a disciplinary suspension imposed on a deputy sheriff who failed to attend a hearing. The deputy had notified his sergeant that he was ill that day. Hamilton Co. Sheriff and FOP Ohio, 120 LA (BNA) 652, FMCS #03/13587 (Cohen, 2004). {N/R}
     Supreme Court declines to review the convictions of Navy civilians who refused anthrax vaccinations (bacillus anthracis). Mazares v. Dept. of the Navy, #01-3337, 302 F.3d 1382, 2002 U.S. App. Lexis 18684 (Fed. Cir. 2002); cert. den. # 02-846, 123 S.Ct. 1748, 2003 U.S. Lexis 2732 (Sup.Ct. 2003). [2003 FP Aug]
     Military court martial convicts a Polish-born Army private who refused to take the inoculation on religious and medical grounds. U.S. v. Pvt. Kamila Iwanowska, Army Ct. Martial (Ft. Drum, NY 2003). {N/R}
     Federal appeals court upholds the termination of two civilian Navy Dept. workers who refused to be inoculated against anthrax.. Mazares v. Dept. of the Navy, #01-3337, 302 F.3d 1382, 2002 U.S. App. Lexis 18684 (Fed. Cir. 2002). [2003 FP Mar]
     Advice of counsel not to attend a required hearing cannot protect an employee. Reliance on bad legal advice was fatal to his claim for reinstatement. Mass. Parole Bd. v. Civil Serv. Cmsn., #98-P-148, 47 Mass.App. 760, 716 N.E.2d 155, 1999 Mass. App. Lexis 1063. [2000 FP 6]
     Arbitrator orders reinstatement of an officer who was fired for refusing to reveal the identity her informants to her superiors. While management can require an officer to do so, this will only affect future situations. Promises of anonymity that were properly given must be protected. Madrid (City of) and AFSCME-C61, 109 LA (BNA) 837, 36 (1758) G.E.R.R. (BNA) 401 (Cohen 1997). [1998 FP 84-5]
     Denying a transfer because the worker is "aggressive" could be proof of retaliation, because her superiors viewed her constant complaints of discrimination as insubordinate and aggressive, the court observes. EEOC v. St. Michael Hosp., #96-C-1428, 77 FEP Cases (BNA) 86 (E.D.Wis. 1998). {N/R}
     Federal appeals court rejects the suit of an officer who had been fired for disobeying an order to strip search three prisoners and then lying about her insubordinate behavior. The fact she had sent two memos complaining about the minor deportment of other officers did not prove she was fired in retaliation for whistleblowing. Gubitosi v. Kapica, #97-2575, 1998 U.S. App. Lexis 20223, 14 IER Cases (BNA) 437, 1998 WL 500141 (2nd Cir.). [1998 FP 174-5]
     Federal appeals court upholds a termination for insubordinate behavior; officer disregarded a "no arrest" policy. Privette v. Dept. of Air Force, 55 F.3d 603, 1995 U.S.App. Lexis 11217 (Fed.Cir.). [1995 FP 133-4]
     County properly terminated typist with "bizarre and insubordinate behavior," notwithstanding the fact she suffered from bipolar disorder with manic episodes. Carrozza v. Howard Co., 1995 U.S. App. Lexis 387 (4th Cir. 1995). {N/R}
     Refusal of firefighter to submit to drug test was insubordination; termination was appropriate penalty. He had reported for duty in an "unfit condition" and appeared to be "impaired and unable to perform the duties of his employment." Washington v. Dolce, 617 N.Y.S.2d 533 (A.D. 1994). {N/R}
     Security officer who failed to obey a direct order could be terminated for insubordination; she was not terminated because of her dyslexia. Schartle v. Motorola, 4 AD Cases (BNA) 21; 1994 U.S.Dist. Lexis 6241 & 8587 (N. D. Ill). {N/R}
     Federal court upholds termination of an employee for misbehavior, even if the conduct was caused by her bipolar disorder. The A.D.A. does not protect an employee when the employer cannot accommodate misconduct (insubordination and abusive outbursts). Corrozza v. Howard Co., 847 F.Supp. 365 (D.Md. 1994). {N/R}
     Arbitrator upholds indefinite suspension of a police officer who refused to disclose the name of his confidential informant to a superior officer. Information was needed, because the insubordinate officer was accused of misusing state driver records. City of Cleburne and Indiv. Grievant, 25 (8) LAIG #5067 (Detwiler, 1994). {N/R}
     "Conduct unbecoming" must be an actual rule before an employee can be disciplined; "insubordination" is something more than expressing strong disagreement with a superior's decision. Fuqua v. City Council of Ozark, 567 So.2d 354 (Ala. Civ. App. 1990).
     Federal appeals court upholds termination of female police officer for inefficiency insubordination, and making untruthful reports of sexual harassment and discriminatory treatment. Dwyer v. Smith, 867 F.2d 184 (4th Cir. 1989).
     Courts annul termination of officer who was insubordinate and walked off the job for an hour; his supervisor provoked him by unwarranted criticism. Richardson v. Board of Supervisors, 250 Cal.Rptr. 1 (App. 1988).
     Nebraska supreme court upholds termination of a city inspector for insubordination; told his supervisor to "stick the radio in his ass" and threatened to punch him in the nose. Stone v. City of Omaha, 424 N.W.2d 617 (Neb. 1988).
     Failure to submit to drug test after fellow firefighter said he sold him drugs was insubordination, warranting termination. Everett v. Napper, 632 F.Supp. 1481 (N.D. Ga. 1986); aff'd & rev. 833 F.2d 1507 (11th Cir. 1987).
     Long term hostile attitude, lack of cooperation, insolence and insubordinate demeanor warranted termination. Braje v. Bd. of Fire & Police Cmsnrs. of Hickory Hills, 139 Ill.App. 90, 487 N.E.2d 91 (1985), app. den. (Ill. 1986).
     Personal problems could mitigate penalty; officer's termination for false citations and insubordination properly reduced to 180 day suspension. Zagel v. Nagel, 4343 N.E.2d 524 (Ill.App. 1982).
     Chief's failure to work nights and weekends was insubordination, but did not justify termination. Henry v. Wilson, 446 N.Y.S.2d 730 (A.D. 1981).
     Accused public employee must reply as to whether he has taken a polygraph examination; refusal to answer is insubordination. Nieukirk v. Bd. of Fire & Police Cmsnrs. of Peoria, 423 N.E.2d 1259 (Ill.App. 1981).
     Superior overreacted in firing officer for insubordination; personality conflict found to be the true cause. Sherburne County and Minn. Teamsters Public and Law Enf. Employees" Union Local 320, Case #80-PP-50-B, Minn. Public Emplmnt. Rltns. Board (O'Connell, 1980).
     Failure to provide list of friends at alleged drug parties was insubordination; discharge not an excessive penalty. Kelly v. St. Personnel Bd., 156 Cal.Rptr. 795 (App. 1979).