Alaska Supreme Court

State of Alaska, Appellant v. Public Safety Employees Association, Appellee

May 2, 20142014 Alas. LEXIS 80

Summary

The court affirmed the superior court's partial enforcement of an arbitration award that converted an Alaska State Trooper's discharge for sexual misconduct into a three-day suspension with reinstatement and back pay through the revocation of his police certificate. It held that the award did not violate public policy because no explicit, well-defined, and dominant Alaska public policy required termination for the misconduct, and the arbitrator did not commit gross error in applying the collective bargaining agreement and considering progressive discipline. Justice Maassen, joined by Justice Stowers, dissented, concluding that reinstatement violated public policy because the misconduct seriously undermined the trooper's judgment, moral character, and effectiveness as a law enforcement officer.