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City of Richfield v. Law Enforcement Labor Services, Inc.

Supreme Court of Minnesota

February 13, 2019

City of Richfield, Respondent,
v.
Law Enforcement Labor Services, Inc., Appellant.

         Court of Appeals Office of Appellate Courts

          Marylee Abrams, Tiffany L. Schmidt, Abrams & Schmidt LLC, White Bear Lake, Minnesota, for respondent.

          Isaac Kaufman, Kim Sobieck, Law Enforcement Labor Services, Inc., Brooklyn Center, Minnesota, for appellant.

          Kevin M. Beck, Joseph A. Kelly, Kelly & Lemmons, PA., Saint Paul, Minnesota, for amici curiae Teamsters Local 320 and Teamsters Local 346.

          Gregg M. Corwin, Joshua D. Hegarty, Gregg M. Corwin & Associate Law Office, P.C., Saint Louis Park, Minnesota, for amicus curiae AFSCME Council 5.

          Cort C. Holten, Jeffrey D. Bores, and Gary K. Luloff, Chestnut Cambronne PA, Minneapolis, Minnesota, for amicus curiae Minnesota Police and Peace Officers Association Legal Defense Fund.

          Timothy J. Louris, Miller O'Brien Jensen, PA., Minneapolis, Minnesota, for amici curiae ATU Local 1005, IBEW Local 160, IBEW Local 949, IUOE Local 49, and IUOE Local 70.

          James P. Michels and Erik Bal, Rice, Michels & Walther LLP, Minneapolis, Minnesota, for amici curiae Police Officers Federation of Minneapolis, Bloomington Police Officers Federation, Duluth Police Union, and Olmsted County Deputy Sheriffs Association.

          Susan L. Naughton, League of Minnesota Cities, Saint Paul, Minnesota, for amici curiae League of Minnesota Cities, Minnesota Chiefs of Police Association, and Minnesota Sheriffs' Association.

          Susan L. Segal, City Attorney, Trina Chernos, Assistant City Attorney, Minneapolis, Minnesota, for amicus curiae City of Minneapolis.

          Christopher K. Wachtler, Wachtler Law, Saint Paul, Minnesota, for amici curiae Saint Paul Police Federation, Minnesota Conservation Officers Association, and Woodbury Police Officers Association.

         SYLLABUS

         An arbitration award reinstating a police officer who was discharged for failure to report his use of force does not violate public policy when the arbitrator found the officer did not use excessive force, the City's reporting policies were unclear, the collective bargaining agreement gave the arbitrator authority to determine "just cause," and the arbitrator found that the employee's conduct "warrants disciplinary action" in the form of an unpaid suspension.

         Reversed.

          ...


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