General Discussion
In reply to the discussion: Cop Arrests Man, Forced Him to Leave Family Pet on the Side of the Freeway to Die [View all]happyslug
(14,779 posts)If this officer is a member of a union, the Union MUST represent him in any termination or punishment procedure. That is one of the requirements of FEDERAL UNION LAW under the National Labor Relations Act. The Union MUST represent him, even if the Union opposed what he did AND the Union even if what the union member did was clear grounds for termination (My father once had to tell his Union Representative that, yes, the employer had caught the union member in the act of stealing and that was a clear grounds for termination, but the representative still had to go to the hearing on that termination and represent the union member who stole for that was one of the duties of such Union Representative, The theft was going to be fired, but he still had the right to a Union Representative).
On the other hand, the Officers defenses limited. The first defense is that this was standard procedure for such pets. If that is the case the Police Department opened itself up to a nasty lawsuit, but it is a defense of the Officer from being fired (You can NOT be fired if what you are doing is standard procedure of your unionized employer).
If leaving the Dog on the side of the Road is NOT standard procedure (and I have to question if it is, for one must secure the property of the person one's arrest and that includes personal property like a dog), then was the act unreasonable under the circumstances? I can not see ANYONE ruling that such a procedure for a DOMESTICATED SMALL DOG was "reasonable" and as such it was what is called "Willful Misconduct" and grounds for termination AND denial of Unemployment.
Sorry, the Union may get the blame for protecting this officer, but the Union does NOT have the power to do so. That power is solely in the hands of his employer, they often blame the Union for people accept that story instead of looking into WHO has the POWER to discipline this Officer, and that power is NEVER in the hands of the Union.