CITY OF GUTHRIE v. FRATERNAL ORDER OF POLICE
2017 OK CIV APP 13
Okla. Civ. App.2017Background
- Mark Bruning, a Guthrie police lieutenant, arrested a citizen at a concert contrary to an Incident Action Plan directing arrests only as a last resort; complaints led to an internal investigation and a Disciplinary Hearing Panel recommending termination.
- The City Manager upheld the termination; Fraternal Order of Police Lodge 105 grieved and the matter proceeded to arbitration under the parties’ Collective Bargaining Agreement (CBA).
- The arbitrator concluded the City proved misconduct warranting severe discipline but found the investigation and decision-making were arbitrary and capricious (bias by management), so there was not just cause for termination.
- The arbitrator mitigated the penalty to a six‑month unpaid suspension and reinstatement to lieutenant, citing the CBA’s incorporation of the Mathis standard for just cause (discipline not arbitrary or capricious).
- The City sought vacatur in district court; the court enforced the award and denied the City’s motion to vacate. The City appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether arbitrator exceeded authority by altering discipline after finding just cause | Arbitrator applied fairness/equity beyond CBA, imposing a remedy the CBA does not permit | Arbitrator construed CBA’s "just cause" (Mathis) and remedied within CBA’s remedial range | Court: Arbitrator did not exceed authority; he found no just cause for termination due to arbitrary process and thus fashioned a permitted remedy |
| Whether arbitrator improperly added a notice requirement | Arbitrator created a new notice rule by disallowing the insubordination charge for late notice | Arbitrator interpreted CBA notice provisions as bargained-for construction | Held: Dispute concerns merits/contract construction; review barred — arbitrator’s finding stands |
| Whether remedy violates Oklahoma public policy (70 O.S. § 3311) | Reinstating officer who abused office conflicts with statutory public policy re: certification and discipline | Statute/regulations allow suspension with process and reinstatement; no clear statutory bar to mitigated discipline | Held: No public-policy bar; arbitrator’s remedy does not contravene explicit Oklahoma public policy |
| Standard for court review of arbitration awards | Court should review merits to determine appropriateness of discipline | Courts limited to whether award draws essence from CBA and whether arbitrator exceeded authority or ignored law | Held: Review limited; deference to arbitrator; award enforced where it draws essence from CBA and does not violate public policy |
Key Cases Cited
- City of Yukon v. Internat'l Ass'n of Firefighters, Local 2055, 792 P.2d 1176 (Okla. 1990) (court’s review limited to whether award draws its essence from the CBA)
- City of Lawton v. Internat'l Union of Police Ass'ns, Local 24, 996 P.2d 954 (Okla. Civ. App. 2000) (definition/standard of "just cause" referenced in CBA)
- City of Tulsa v. Fraternal Order of Police, Lodge 93, 365 P.3d 82 (Okla. Civ. App. 2016) (arbitrator exceeds authority when remedy is based on general fairness beyond CBA)
- City of Owasso v. Fraternal Order of Police, Lodge 149, 336 P.3d 1023 (Okla. Civ. App. 2014) (arbitration awards can be vacated for public-policy violations; analysis requires clear statutory/public-policy source)
- Fraternal Order of Police v. City of Perkins, 146 P.3d 829 (Okla. Civ. App. 2006) (framework for when arbitrator’s award fails to draw essence from CBA)
- Voss v. City of Oklahoma City, 618 P.2d 925 (Okla. 1980) (arbitration precludes court intervention into merits when contract provides for arbitration)