Mediation and Arbitration are Not the Same Thing

One of today’s headings on the front page of the Columbus Dispatch stated that a mediator reinstated an officer who had been caught driving 149 mph on his motorcycle (off duty). Here is the online story (slightly different headline):

149-mph officer wins his job back
Mediator: It wasn’t proved that he abused his position
Wednesday, March 10, 2010 10:08 AM
By Elizabeth Gibson

The Columbus Dispatch

WBNS 10TV
Officer Christopher Thomas was clocked riding his motorcycle at 149 mph.
The Hot Issue
Do you think the officer who was ticketed for driving a motorcycle 149 mph should get his job back?
A Gahanna police officer caught driving 149 mph while off duty has his job back, but he won’t be patrolling the streets for a while, Deputy Chief Kenneth Bell said.

Gahanna fired Officer Christopher Thomas, 34, in August, citing conduct unbecoming, immoral conduct, abuse of position and failure to conform to laws.

But a federal mediator ruled last week that speeding is not inherently immoral and that there was not enough proof that Thomas abused his position to get out of a speeding ticket. A state trooper issued Thomas a ticket eight days after the traffic stop – and after the delay was questioned up the patrol’s chain of command.

Although the written decision didn’t dispute two of the city’s claims, the mediator said the firing was invalid because the city based the termination on all four charges.

“We didn’t hire him back, but the arbitrator told us he’s coming back,” Bell said. “It’s binding arbitration, and we have to live by it.”

I suspect you all will know why I am irritated. It wasn’t a mediator that ordered the officer’s reinstatement. It was an arbitrator! I think the confusion occurred because the arbitrator came from FMCS. Perhaps a name change is in order???? Anyway, I didn’t like the article or the substantive outcome . . .

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