G. Ireland

Two correctional officers grieved discipline imposed following a use of force incident involving an inmate.

One officer was discharged for punching a handcuffed inmate in the head and failing to report it, while the other received a 20-day suspension for allegedly witnessing the punch and failing to report it.

The arbitrator allowed the suspended officer's grievance, finding the employer failed to prove he actually saw the punch.

For the discharged officer, the arbitrator found the use of force was excessive and unjustified, but substituted a lengthy suspension without compensation in place of discharge, citing the officer's 28 years of service, clean disciplinary record, admission of wrongdoing, and genuine remorse.