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Reinstatement of nurse did not violate public policy
November 22, 2005 by Ross Runkel at LawMemo
A hospital fired a nurse, charging that she diverted drugs. The union grieved. The arbitrator ruled that the nurse did not do what the hospital said, and reinstated the nurse with back pay.
The hospital did not like the decision and tried unsuccessfully to get a federal district court to overturn it. The 1st Circuit affirmed, refusing to throw out the arbitration award. The Mercy Hospital v. Massachusetts Nurses Assoc (1st Cir 11/21/2005).
The hospital's argument was that there was a violation of public policy.
The court pointed out that the arbitrator had exonerated the nurse. The arbitrator's findings of fact were that she didn't do it. Therefore, an award reinstating her to work could not violate public policy.
My view: I think the 1st Circuit was actually being kind to the hospital by devoting 18 pages to the decision, which made it appear that the hospital's arguments had some merit.
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