An arbitrator has ruled that the King County Superior Court terminated a probation officer in December 2000 without just cause.

The officer was terminated after her employers charged her with what was characterized as serious misconduct.

Council 2 opposed the termination of the woman's employment. The matter was taken to arbitration and hearings were held before Arbitrator George Lehleitner last year and early this year.

Lehleitner made his ruling on August 22, 2002. He agreed with Council 2's contention that a full and fair investigation should have been held into the matter. The investigation that was held was not full and fair and was flawed in a number of ways, he ruled.

"First, the Superior Court rather than do an in-house investigation, hired an independent investigator and essentially left the matter entirely in her hands," Lehleitner said in his ruling.

Although it is not improper to hire an independent investigator, there was no evidence the Superior Court corroborated the findings and recommendations, he added. Also, the suitability of the investigator could be questioned.

In addition, the investigator recommended disciplinary action against the grievant, which should have been the province of the Superior Court, Lehleitner said. The Superior Court followed her recommendations without fully investigating the situation, he added.

Although normally the grievant would be subject to some disciplinary action, such as a written warning, Lehleitner said he believed she had suffered enough and is now on notice as to management's expectations with respect to courtesy in the workplace.

He ordered the Superior Court to offer reinstatement to the woman with full back pay and benefits.

David Kanigel, Legal Counsel, represented Council 2 in the hearing.