State v. Public Safety Employees Association
323 P.3d 670
Alaska2014Background
- Trooper discharged for consensual sex with domestic violence victim shortly after assisting her husband's arrest.
- PSEA grieved under the collective bargaining agreement; arbitration ordered reinstatement with back pay after a three-day suspension as a not-for-just-cause discharge.
- Alaska Police Standards Council revoked the trooper's basic police certificate during the time proceedings were ongoing.
- Superior Court affirmed back pay but refused full reinstatement due to the certificate revocation and enforcement limits.
- State appealed arguing the arbitrator committed gross error and that the award violates public policy.
- Standard of review requires deference to arbitrator and a narrow public policy exception; gross error standard is limited to obvious and significant errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Public policy exception to enforcement of arbitration | State: reinstatement violates explicit public policy | PSEA: no explicit dominant public policy against reinstatement | Not unenforceable; public policy exception not satisfied |
| Gross error in arbitrator’s just-cause analysis | State: arbitrator erred in defining egregious misconduct | PSEA: arbitrator’s interpretation within contract scope | Arbitrator did not commit gross error |
| Disparate treatment analysis of discipline | State: unequal treatment to similar misconduct | PSEA: permissible differing discipline under contract and past practice | Not gross error; analysis within arbitral discretion |
| Effect of police certificate revocation on award | State: reinstatement impossible with revoked certificate | PSEA: arbitration awarded reinstatement subject to law; enforcement limited | Award enforced to extent consistent with Alaska law; partial enforcement upheld |
Key Cases Cited
- PSEA v. State, 257 P.3d 151 (Alaska 2011), 257 P.3d 151 (Alaska 2011) (establishes narrow explicit public policy exception to arbitration awards)
- PSEA v. State, 235 P.3d 197 (Alaska 2010), 235 P.3d 197 (Alaska 2010) (public policy and deference standards for arbitral review; public trust considerations)
- Pavone v. Pavone, 860 P.2d 1228 (Alaska 1993), 860 P.2d 1228 (Alaska 1993) ( Restatement-based approach to public policy and doubtful enforceability)
- E. Associated Coal Co. v. United Mine Workers of Am., Dist. 17, 531 U.S. 57 (2000), 531 U.S. 57 (U.S. 2000) (public policy exception for arbitration aligns with contract enforcement principles)
- City of Boston v. Boston Police Patrolmen's Ass'n, 444 Mass. 813, 824 N.E.2d 855 (2005), 824 N.E.2d 855 (Mass. 2005) (question framed as whether reinstatement violates public policy, not conduct itself)