Major victory at Ft. Benning overturning termination of a civilian police officer and 5 security guards - FMCS case No. 11-51491-3 (Oct. 6,2011)

When 5 civilian security guards and 1 police officer at Ft. Benning did not pass their semi-annual  firearms skill proficiency, a condition of their employment, following 5 attempts, they were terminated from federal service. By Decision issued October 6, 2011, following 4 days of Hearings presented by AFGE GCO counsel, Arbitrator Collins agreed with AFGE that there was no just cause for their removals and reinstated the Grievants with full seniority and other rights and made them whole for earnings lost from the date of their removal.

Arbitrator Collins repeatedly found that Ft. Benning management testimony was not credible, among other things finding their failure to provide notice of change in protocols for the firearms testing, inadequate training accompanying those changes, failure to receive feedback on their firing deficiencies, failure to conduct a reasonable investigation of what happened with these firings and protocols, failure to adequately consider the Douglas factors, failure to appreciate the contours of a MOA on firearms training procedures and arrangements whose negotiations commenced before the Grievance was heard  in this case, and they were not provided a "fair, unencumbered opportunity to pass the test on each attempt."

The Arbitrator retained jurisdiction for entertaining an application for attorney fees. The department of Army has indicated that the decision is under review, but AFGE will do everything possible to ensure full compliance with this well-reasoned Award.