Wash. Court of Appeals published opinion — D2 49631-3-II Published Order.pdf

Citation: Wash. Court of Appeals published opinion — D2 49631-3-II Published Order.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2049631-3-II%20Published%20Order.pdf ↗

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From December 10, 2001 to September 25, 2012, Billings worked for the Town of

Steilacoom Public Safety Department. On May 8, 2012, Steilacoom demoted Billings from the

rank of Sergeant to Public Safety Officer (PSO). PSOs served dual roles as police officers and

firefighters under the supervision of the Director of Public Safety (DPS), known as the “Police

Chief.” Clerk’s Papers (CP) at 113. From October 18, 2010 until November 5, 2015, Schaub

served as Police Chief. He reported to Loveless.
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49631-3-II

Following several internal affairs investigations, Schaub concluded Billings violated

numerous policies and demonstrated a pattern of poor performance. Schaub recommended

terminating Billings. Mayor Ron Lucas and Loveless agreed.

At the time the investigation concluded, Billings was off work due to a hand injury.

Steilacoom waited until Billings’s doctor released him to return to duty before moving forward

with the termination. On September 25, 2012, Steilacoom terminated Billings’s employment.

On October 2, Billings, assisted by the Steilacoom Officers’ Association (SOA), filed a

grievance opposing his demotion and termination. After Steilacoom denied the grievance, the

SOA requested arbitration pursuant to the applicable Collective Bargaining Agreement (CBA).

The CBA provided: “Employees shall be disciplined for just cause with the exception of

employees during their initial trial period, in which case a demonstration of cause is not required.

Disciplinary action may include written reprimand, suspension without pay, reduction in rank, or

discharge.” CP at 149.

II. ARBITRATION PROCEEDINGS