January 26, 2024
Good morning fellow CSO’s/SPDUSM’s. I wanted to write and give you some good news.
First let me say thank you for being a member of PACSO. It is only because of members such as yourself that I can tell you of the positive things happening here in the 5th circuit.
It is because of you and your monthly dues we could afford to pay our incredible counsel for the following victory. Thank you!
This victory for the CSO program is wholly due to the calculated risk of one of our own, Arturo Casas.
I will make this as short as possible, but in essence the following has occurred.
Arturo got in trouble and was removed from the contract by the USMS while an investigation was being conducted.
After a lengthy time, he was brought back to work.
His time off work was considerably greater than his suspension time.
His additional non suspension time without pay was grieved under “Just Cause” of the CBA.
Walden Security denied the appeals because “Being removed from the contract is not grieveable under the CBA.”
It went to arbitration and Walden lost.
Walden then offered to pay Arturo his money if he would agree to set the arbitration ruling aside, so future CSO’s could not use the ruling as a legally binding in similar cases.
Walden threatened to sue in federal court and have the ruling overturned. If the ruling was overturned,
Arturo would not be able to collect his lost wages.
Arturo and his wife spoke about it and decided to take a chance for all CSO’s…
Think about that…
Would you and yours risk $10,000.00 of your own money for other people as well?
Walden sued.
The Honorable Judge Charles Eskridge was assigned the case and ordered mediation.
Walden again offered the above and Arturo refused.
Judge Eskridge upheld the arbitration award!
Walden Security did not appeal the judgment, and paid Arturo his back pay with interest.
This has never occurred before with the CSO program and sets precedence for future discipline cases.
What does this mean for us CSO’s?
Simply put, we now have precedence for other CSO’s to be paid for any additional time above and beyond the imposed discipline.
I want to be clear that any additional lost pay a CSO is owed will not be paid by the company without a fight.
We will need to go through the appeal and arbitration process each time, but each win brings a better chance of a successful outcome.
Once again, thank you for your membership and helping to keep our judicial family safe!
