City of Omaha v. Professional Firefighters Association of Omaha

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City of Omaha v. Professional Firefighters Association of Omaha

Additional Case Names

10:15am

Case Number
S-20-0735
Call Date
April 28, 2021
Case Time
9:00 AM
Court Number
Douglas
Case Location
Lincoln
Court Type
District Court
Case Summary

S-20-0735 City of Omaha (Appellant) v. Professional Firefighters Association of Omaha

Douglas County District Court, Hon. Leigh Ann Retelsdorf

Attorneys:  Heidi A. Guttau and George E. Martin III (Baird Holm, LLP for Appellant); Michael P. Dowd and John E. Corrigan (Dowd & Corrigan, LLC, for Appellee)

Civil: Arbitration; Termination of employment; Collective Bargaining Agreement

Proceedings Below:  The district court affirmed the decision of an arbitrator who reversed the City of Omaha’s decision to discharge a firefighter and directed reinstatement and back pay.

Issues on Appeal: Whether district court imposed improper burden of proof; whether district court erred when it affirmed arbitrator’s decision and ruled that arbitrator did not err by 1) refusing to apply Nebraska law and terms of collective bargaining agreement, 2) ordering reinstatement in contravention of Nebraska public policy, 3) crafting an alternative discipline for an admitted violation of collective bargaining agreement, 4) deciding due process issue that was not presented to arbitrator, 5) adding to or modifying terms of collective bargaining agreement, 6) showing bias and relying on facts without evidentiary support, and 7) determining that arbitral award was not subject to appeal; and whether district court erred when it determined that City’s appeal was frivolous and when it therefore awarded attorney fees and costs.

Schedule Code
SC