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Following his reinstatement, Barlow attended a four-hour training session on Brooklyn Center's sexual harassment policy.
The arbitrator made no express findings as to the truthfulness of the allegations but determined that Barlow was entitled to reinstatement as a police officer. Thus, “[in] limited circumstances, a ‘public policy exception’ may provide a basis for courts to vacate an arbitration award.” City of Minneapolis v.
It is indisputable that Minnesota's public policy proscribes invasion of privacy, stalking, harassment, and sexual harassment.
The arbitrator's authority is defined by the labor agreement and his decision must be based on the agreement: The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented.
Considered and decided by SHUMAKER, Presiding Judge, HALBROOKS, Judge, and PARKER, Judge.*Clifford M. In response, a number of women called the department to complain about Barlow's behavior toward them.
To be applicable, the public policy exception must involve a policy that iswell defined and dominant, and is to be ascertained by reference to the laws and legal precedents and not from general considerations of supposed public interests. In 1993, a female employee of the Brooklyn Center police department filed a complaint against Barlow with the Hennepin County sheriff, alleging that Barlow committed criminal sexual conduct against her. The arbitrator reinstated Barlow and the city moved that the district court vacate the award. The city appeals, contending that the arbitrator's award should be vacated based on the “public policy exception.” In the alternative, the city argues that the arbitrator exceeded his powers. Throughout his employment, until 1991, his job-performance evaluations were favorable and he received letters of commendation. At an arbitration hearing in 1994, the complaining employee testified that she had dated Barlow for six months but ended the relationship in 1989 when she became engaged to another man. The county attorney declined to prosecute because the complainant's report was untimely and the criminal statute of limitations had expired. As a member of a collective bargaining unit, respondent LELS, Barlow demanded arbitration.