Alaska State Employees Association/AFSCME Local 52, AFL-CIO v. State of Alaska

Summary

The Alaska Supreme Court affirmed the superior court’s order vacating an arbitrator’s decision that reinstated a state administrative clerk discharged after a felony theft conviction. The court held that, under the deferential gross-error standard, the arbitrator committed gross error by finding that the termination was not for just cause, given the employee’s access to confidential information and position of public trust.

Holdings

1. The court applied the more deferential gross-error standard because the result would be the same under either the gross-error or arbitrary-and-capricious standard, and the court therefore did not need to definitively resolve which standard governs compulsory grievance arbitration.
2. The arbitrator committed gross error in determining that the grievant's termination was not for just cause. Given the grievant's undisputed felony conviction for dishonest conduct, access to confidential information, and position of public trust, the State had just cause to terminate her.
3. The superior court did not err by vacating the arbitration award without remanding the matter to the arbitrator.
4. The court would not address the seven-tests theory because the appellant failed to raise it in the superior court.

Questions Presented

1. What standard of review applies to the arbitrator's decision in a compulsory grievance arbitration proceeding under the collective bargaining agreement?
2. Whether the arbitrator committed gross error by finding that the grievant's termination was not for just cause.
3. Whether the superior court erred by vacating the arbitration award without remanding the matter to the arbitrator.

Disposition

affirmed