State v. PUBLIC SAFETY EMPLOYEES ASS'N
2011 Alas. LEXIS 72
| Alaska | 2011Background
- An Alaska state trooper was terminated for dishonesty related to a training incident involving a burnout on a motorcycle.
- The trooper admitted responsibility for the burnout but claimed the misconduct was inadvertent and his initial silence was due to fear.
- The Department initially treated the misconduct as potentially minor and allowed the trooper to remain on duty for months, including continued case processing and a merit-worthy evaluation.
- PSEA filed a grievance and moved to arbitration, where the arbitrator found no pattern of dishonesty and held there was not just cause for termination, reinstating the trooper.
- The superior court denied the State’s motion to vacate and upheld the arbitrator’s award, while recognizing a potential Alaska public policy against reinstating a dishonest officer but noting factual nuances.
- The State appealed, arguing gross error and a public policy violation, while PSEA argued the public policy exception should be narrowly construed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the arbitrator’s reinstatement of the trooper violates Alaska public policy. | State | PSEA | Public policy not violated; award enforceable |
| Whether the arbitrator committed gross error in concluding there was not just cause to discharge. | State | PSEA | No gross error; arbitrator's decision affirmed |
Key Cases Cited
- W.R. Grace & Co. v. Local Union 759, 461 U.S. 757 (U.S. Supreme Court 1983) (public policy as a basis to deny enforcement must be explicit and dominant)
- United Paperworkers Int'l Union v. Misco, Inc., 484 U.S. 29 (U.S. Supreme Court 1987) (limits on public policy exception; reaffirmation of strong arbitration policy)
- Pavone v. Pavone, 860 P.2d 1228 (Alaska 1993) (public policy exception grounded in Restatement guidance)
- Baseden v. State, 174 P.3d 233 (Alaska 2008) (restatement-based framework for public policy in contract enforcement)
- Alaska State Emps. Ass'n/AFSCME Local 52 v. State, 74 P.3d 881 (Alaska 2003) (just cause standard for discharge; deference to arbitrator; not dispositive here)
- PSEA v. State, 2010, 235 P.3d 197 (Alaska 2010) (public policy exception discussed in context of arbitration review)