Livingston v. Mont. Pub. Employees Ass’nAnnotate this Case
Matthew Tubaugh, a police officer with the City of Livingston, was discharged from the police force after a series of incidents. Tubaugh protested his discharge pursuant to his rights under a collective bargaining agreement (CBA) then in effect between the City and the Montana Public Employees Association. An arbitrator determined that there was just cause to discipline Tubaugh but that the proper disciplinary action was a three-month suspension without pay. The district court vacated the arbitrator’s award. The Supreme Court reversed and remanded with instructions to confirm the arbitration award, holding that the district court (1) incorrectly determined that the arbitrator exceeded her authority in her interpretation of the CBA; (2) erred in holding that the arbitrator violated public policy by requiring the City to reinstate Tubaugh to his previous position or to one of comparable pay; (3) erred by determining that the arbitrator’s award should be vacated because of its findings related to a fitness for duty examination; and (4) erred by holding that the arbitrator exceeded her authority by directing removal of the fitness for duty examination from Tubaugh’s personnel file.