AFSCME, Council 4, Local 2663 v. Dep’t of Children & Families

Suzanne Listro, a social worker employed by the Department of Children and Families, was charged with manslaughter in the first degree and risk of injury to a child after a foster child in her care died. The Department dismissed Listro for cause due to her “serious misconduct.” Listro was later acquitted of the criminal charges. The collective bargaining unit for the Department’s social workers (the Union) filed a grievance on Listro’s behalf challenging her termination. An arbitrator denied Listro’s grievance. The superior court vacated the arbitrator’s award, concluding that the arbitrator exceeded her authority in using negligence as a standard and basis for her award. The Appellate Court reversed, concluding that “negligence arguably came within the purview of the [collective bargaining] agreement” and was an appropriate term of the arbitrator to use to describe Listro’s conduct, which was the basis of her dismissal for just cause. The Supreme Court affirmed, holding that, in light of the just cause provision of the collective bargaining agreement and the notice to Listro that her conduct on the evening of the child's death provided the basis for termination, the trial court improperly granted the Union’s application to vacate the arbitrator’s award. View "AFSCME, Council 4, Local 2663 v. Dep’t of Children & Families" on Justia Law