AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Driver's License Requirements
that management had just cause to discharge a firefighter/EMT who had his
driver's license revoked due to a DUI conviction and refused offer of another
position that did not require driving. Osceola County and IAFF L-3284,
FMCS #06/05036, 124 LA (BNA) 850 (Smith, 2007).
Arbitrator finds that a state agency did not have just cause to discharge a worker whose driver's license was suspended, even though its policy was to do so, where he suffered from major depression, and should have been placed on FMLA leave before his license was suspended and the agency took disciplinary action. Ohio Dept. of Transp. and Ohio Civ. Serv. Emp. Assn., #31-01-00309-08-01-06, 115 LA (BNA) 563 (Smith, 2001).
"The appellant was not removed because he was an alcoholic or even as a result of his arrest on suspicion of driving while intoxicated, which one could argue is a manifestation of alcoholism. Rather, he was removed because he failed to maintain a current driver's license, which was a direct result of his own action in refusing to take a breathalyzer test after his arrest." Malbouf v. Dept. of the Army, #NY-07528610058, 43 MSPR 588, 1990 MSPB Lexis 294 (1990).
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