Appeals Court OKs Dispatcher’s Reinstatement

An Ohio state appeals court has denied a request by Athens County to overturn an arbitrator’s ruling that a former dispatcher should be reinstated. Warren Ferguson was fired in 2005 after the county alleged he appeared at work for a union meeting while he was intoxicated, and that he sexually harassed another employee. An arbitrator ordered that he be reinstated, and the county appealed on several grounds, including that the arbitrator considered facts unavailable to the county at the time Ferguson was fired. Ferguson was apparently under severe stress from his own illness, and medical conditions of his wife and mother. He also admitted taking alcohol and prescription medications before arriving at work. But the arbitrator classified him as a “troubled employee,” and eligible for further consideration. The county has decided to appeal the decision to the state Supreme Court, and to file a petition with the court to delay Ferguson’s return to work. Download (pdf) the entire appellate court’s opinion here.