Following a departmental investigation, An NCEU member from the Hampden County Sheriff's Department was issued a five-day suspension for "improper conduct" and "lack of candor".  Initially, the sheriff's department was investigating an MCAD complaint filed by an employee, and during the investigation coworkers reported alleged similar improper conduct that had transpired various times but more specifically at the party. The "improper conduct" allegedly transpired off-site at a party a few years ago, and the "lack of candor"  allegedly transpired during the investigation of the incident.  During the investigation, the member/grievant vehimently denied any wrongdoing and everything said during the investigation was truthful, however the department still issued a five-day suspension.

In the Arbitration award, the arbitrator wrote "Under the circumstances, the department's charge that the grievant lacked candor during the investigation cannot be legitimate basis for discipline". Furthermore, it was stated" In the final analysis, then, and for all reasons stated, I find that the department did not establish just cause to impose the five-day disciplinary suspension.  

Due to the overall subject matter, the case was extremely emotional for all parties involved, and as such had major implications at the workplace.  Several departmental witnesses testified, however the NCEU's Attorney was able to prove inadequacies in their testimony to cast doubt on their stories, and show the evidence did not support the accusations set forth in the department's disciplinary letter.  Furthermore, the Union argued staleness due to the lenght of time from the original incident (2-3 years ealier), and the accuser's statements cannot be credited and cannot failry be the basis for the discipline.  As a result, the arbitrator found in favor of the NCEU and overturned the five-day suspension. The department was directed to rescind the discpline, to cleanse the grievant's personnel record of discipline arising from the matter, and to make the grievant whole for the loss of pay and benefits.