City of San Jose v. International Assn. of Firefighters
In this appeal, the City of San Jose challenges the confirmation of a labor arbitrator's award, which ordered reinstatement of Michael Baldwin. The City had discharged Baldwin from his job as a fire inspector for sexually harassing co-workers. Baldwin grieved his discharge with the aid of his union, International Association of Firefighters, Local 230. The matter was arbitrated as provided in the labor agreement between the City and the Union. The arbitrator found the sexual harassment allegations true, but he nevertheless ordered Baldwin's reinstatement, based in part on the City's failure to impose progressive discipline as contractually required.
For reasons explained below, we reject the City's argument that Baldwin's reinstatement violates public policy. Court therefore affirm the judgment confirming the arbitration award.
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