The Metropolitan Water Dist. of S. Cal. v. Collins
The Metropolitan Water District of Southern California (Metro) fired Timothy Leuschner for fighting another employee, violating its no-smoking policy, and insubordination. Leuschner’s union, American Federation of State, County & Municipal Employees, Local 1902 (AFSCME), appealed Metro’s decision to a neutral hearing officer. At the hearing, Metro sought to prove Leuschner was the aggressor who intentionally harmed the other employee. The hearing officer instead found the other employee initiated the physical altercation by headbutting Leuschner in the face, and Leuschner used force to defend himself. The hearing officer also found Metro’s other bases for terminating Leuschner were unpersuasive. Accordingly, it ordered Metro to reduce Leuschner’s discipline to a three-week suspension.
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