4 Munaretto was hired as a patrol officer by the city in 2001 and served as a police officer until its end on August 11, 2014. His resignation concerned his reaction to a traffic accident on May 3, 2014, in which the city concluded that he had failed to conduct a reasonable investigation into a motorist involved in a car accident for driving under the influence (DUI) and allowed the motorist to leave the accident site while he was affected. On August 13, 2014, Munaretto filed a complaint pursuant to the parties` collective agreement and the matter was referred to an arbitrator to hear the dispute between the city and the Union. 5 The arbitrator partially upheld the complaint and partially challenged it. The Adjudicator concluded that there was insufficient evidence that Munaretto had not detected any physical signs of alteration of the motorist or of an alcohol smell. However, the arbitrator went on to say that Munaretto`s DUI training and 14 years of experience should have drawn his attention to the possible involvement of alcohol in a car accident after midnight. Therefore, the city had a reasonable basis for disciplining him for failing to investigate DUI. 6 The remaining question was whether termination was the appropriate sanction. The arbitrator found that the termination was an excessive sanction in the circumstances. First, it was not unreasonable for Munaretto not to immediately acknowledge the motorist`s drunkenness, and further, Munarettos tempered „the latest assessment in terms of detection and implementation of the DUI.
While it was „overall unsatisfactory“ in 2009 and 2010, it improved in 2011, 2012 and 2013 and conducted „overall satisfactory“ evaluations each year, with a significant improvement in the implementation of the DUI. His DUI arrest record was the second highest of seven officers from 2010 to 2013, and none of his previous discipline in detecting and executing the DUI. As a result, the arbitrator reduced the sanction of termination to a 60-day freeze. In addition, on the basis of the seriousness of the offence and disciplinary munaretto, the arbitrator also submitted a last chance order. On June 30, 2016, the City filed an application to quash the sentence in the District Court and provided a copy of the award and the arbitrator`s opinion, as well as a copy of the CBA.