Discipline appeal denied. The Boston Fire Department had just cause to impose a 30-day suspension against the Appellant for his misconduct and the level of discipline imposed was consistent with progressive discipline.
The Superior Court affirmed the Commission's decision to uphold termination of Boston firefighter stating that Rowe was, "...guilty of substantial misconducting warranting termination.”
When a Town is disputing the arbitrability of a termination, it is appropriate for the Civil Service Commission to dismiss the Appellant's appeal with a future effective date equal to the date when the arbitrability issue has been resolved.
The City had just cause to suspend the Appellant for misconduct, including referring to her supervisor in obscene terms, but the level of discipline imposed was not justified. Suspension modified from 30 days to 10 days.
