Athens County is appealing an arbitrator's ruling that a fired 911 dispatcher should be allowed to return to work.The dispatcher, Warren Ferguson of New Marshfield, was terminated Nov. 17, 15 days after allegedly coming to work intoxicated and sexually harassing a female coworker. Ferguson, who had worked as a dispatcher for about 10 years, filed a grievance, and on June 6 arbitrator Mitchell Goldberg ordered that Ferguson should be allowed to return to work after providing evidence from a physician or mental health provider that he was fit to return. After being reinstated, he would need to provide this evidence every six months for two years.Matthew Baker, Ferguson's attorney through the Ohio Patrolmen's Benevolent Association, said the arbitrator's decision in June was binding and he thinks Ferguson should be reinstated.Ferguson has provided the evidence required to return to work, Baker said. The county commissioners refused to reinstate Ferguson, and OPBA has asked the court to intervene and order the reinstatement with retroactive pay from June 16. In his June decision, Goldberg said Ferguson qualified as a troubled employee because of personal problems at the time of the incident. According to court records, he had been through several surgeries and was dealing with the serious health problems of family members. He had been receiving treatment for his stress-related problems
and after his termination, he was diagnosed with Generalized Anxiety Disorder.Because his troubles at work were likely caused by this, and he had previously worked 10 years without such an incident, Goldberg said, he should be allowed to return, though he would have to submit to random drug and alcohol testing.In the county's motion to have the arbitrator's decision thrown out, Brad Bennett, a lawyer representing Athens County, argues that Ferguson's employers were not aware of Ferguson's mental health issues until after he was fired.Other employees could opt to show up to work under the influence of drugs or alcohol engage in blatant sexual harassment and then months later
submit after-acquired
post-termination medical evidence which they neglected to advise the Employer of at the time G? and become reinstated
Bennett wrote.
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Erin Barker
