Labor & Employment Law Daily Wrap Up, LABOR—ARBITRATION—Fire lieutenant’s termination reduced to three-day suspension amid sexual harassment allegations, (Apr 15, 2026)

By WK Editorial Staff

The alleged victim testified that she never felt threatened by his behavior, and though his behavior sometimes made her feel uncomfortable, she did not explicitly state that his conduct adversely affected her training.

Sustaining in part a fire lieutenant’s grievance contesting his termination after a coworker accused him of engaging in repeated unwanted physical contact over several months, an arbitrator found the city lacked just cause for discharge as it failed to prove sexual harassment, willful neglect of duties, or dishonesty by clear and convincing evidence. The arbitrator, however, imposed a reduced penalty, a three-day suspension, based on inappropriate conduct (City of Mount Vernon, Ohio and IAFF/Ohio Association of Professional Firefighters/Mount Vernon Firefighters and Paramedics Local 3712 (Kohler, Arb. Oct. 17, 2025)).

The grievant, a firefighter-paramedic with approximately 13 years of service and supervisory duties as a training lieutenant, was terminated following a complaint from a newly hired firefighter-EMT. The newly hired firefighter alleged numerous incidents in which the grievant touched her shoulders, back, and waist, stood in close proximity to her, and on one occasion used her body to maneuver across equipment inside an ambulance. She stated the behavior made her uncomfortable and increasingly concerned about being alone with him.

Discharge. After receiving the complaint, the department conducted an internal investigation that concluded the grievant had engaged in inappropriate and nonconsensual physical contact violating workplace conduct and harassment policies. The safety service director determined termination was warranted, citing a pattern of conduct, the grievant’s supervisory status, and the need to protect public trust and subordinate employees. The discharge notice, however, formally cited violations related to neglect of supervisory duties and dishonesty rather than a direct violation of sexual harassment rules.

Arguments. At arbitration, the city argued that the grievant’s repeated touching created a hostile work environment and demonstrated willful neglect of his duty to ensure subordinates felt safe. The city also asserted he was dishonest when he denied knowledge of the allegations during the investigation. The union contended that the conduct was inadvertent, that the coworker failed to clearly report or object to most incidents at the time they occurred, and that the city did not provide adequate notice of the charges or conduct a fair investigation into the specific rule violations it cited.

Clear notice. The arbitrator found the evidence did not establish sexual harassment or willful neglect of duties. The coworker had not consistently informed the grievant that his conduct was unwelcome, except for a single incident involving an attempted hug. Moreover, the city failed to charge him explicitly with violating its sexual harassment policy and did not prove dishonesty by clear and convincing evidence. The arbitrator emphasized that just cause requires clear notice of prohibited conduct and proof that the employee engaged in the specific violations cited in the disciplinary notice.

Inappropriate and unprofessional. The arbitrator concluded, however, that the grievant’s conduct as a supervisor was nevertheless inappropriate and unprofessional. He engaged in excessive and unnecessary physical contact and should have recognized that his behavior could make a subordinate uncomfortable. As a result, though discharge was deemed excessive, some discipline was warranted.

The arbitrator therefore reduced the termination to a three-day suspension without pay, ordered reinstatement with back pay and benefits, and directed the grievant to avoid unnecessary physical contact with the coworker going forward.

Attorneys: Jonathan Downs for City of Mount Vernon, Ohio. Henry Arnett for IAFF/Ohio Association of Professional Firefighters/Mount Vernon Firefighters and Paramedics Local 3712.

Companies: City of Mount Vernon, Ohio; IAFF/Ohio Association of Professional Firefighters/Mount Vernon Firefighters and Paramedics Local 3712

Cases: Labor Arbitration PublicEmployees SexualHarassment RemediesDamages Discharge