Cliff Bidlingmaier represented a police officer appealing his termination. The appellate case, Steven Fleming v. State of New Jersey, College of New Jersey, was argued on January 6, 2011, and decided in favor of the State of New Jersey on March 24, 2011.
Steven Fleming was terminated from his position as a police officer with the College of New Jersey after he was heard on a surveillance video admitting to injecting steroids. During the course of the investigation, Fleming admitted to purchasing steroids and injecting them on two occasions. He was later terminated, however, criminal charges were never filed.
Fleming objected to his termination and his union rep filed for arbitration concerning the matter. It was asserted that disciplinary charges were not filed within 45 days as required by the collective bargaining agreement. The arbitrator found that such charges were brought within the 45 day period. Fleming appealed.
On appeal, Fleming asserted that the arbitrator’s findings were against public policy. The court of appeals held that the arbitrator’s decision did not violate public policy and that the disciplinary charges were brought within the 45 day period.