Reference no: EM131171831

John Doe is a prison guard for the state of Louisiana. He is represented by the state employees' union.  His training clearly instructs that he is never to leave the post unattended because of potential danger to other employees and possible escape of prisoners, and that this could be a terminable offense.  While on duty at the prison entrance, his partner took a lunch break in the picnic area, leaving his weapon at his post.  Doe sees a woman he believes is being assaulted across the street from the prison.  He leaves his post, crosses the street, and breaks up the assault by chasing the perpetrator away.  A passing TV cameraman records the act, and Doe makes the 6 p.m. news as a local hero.  Unfortunately, the prison warden sees the news video and report and fires John Doe for cause for leaving his post unattended. Doe files a grievance seeking reinstatement and back wages. While he agrees that he was in clear violation of the stated rules, he believes that his termination violates public policy as he was breaking up a criminal act.  Is the arbitrator likely to uphold the termination of Doe? Why or why not? Assume that there are no Title VII issues.

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