Union demands reinstatement of indicted U. Cincinnati cop's job

Anne Saker | The Cincinnati Enquirer

Show Caption Hide Caption Video shows 3 bodycam views of Samuel DuBose shooting A third video from the scene of Samuel DuBose's shooting has been released. This video synchronizes all three of the police body camera videos that have been released to the public.

CINCINNATI — The union representing the University of Cincinnati police force filed a grievance on behalf of the officer indicted on a murder charge, demanding that he get his job back because the university fired him without due process, a union official said Friday.

Thomas Fehr, representative of the Fraternal Order of Police-Ohio Labor Council, said the union filed the grievance Thursday, the same day Ray Tensing was arraigned in Hamilton County Common Pleas Court after his arrest.

Tensing is accused of killing unarmed black motorist Samuel DuBose on July 19 in Mount Auburn, a neighborhood just off campus of the University of Cincinnati. Tensing had stopped DuBose because his car did not have a front license plate.

As DuBose turned his ignition key to start the car, Tensing pulled out his service weapon and fired. Tensing was wearing a body camera that captured the exchange.

Shortly after Tensing's indictment was announced Wednesday, the university fired him from his job. The Fraternal Order of Police represents the members of the force, and Fehr said the university did not abide by its three-year contract with the union in dismissing Tensing.

“We filed the grievance, No. 1 because there was no just cause, and No. 2 because he was not afforded his due-process rights under the contract,” Fehr said.

The grievance asked for Tensing to be reinstated immediately, including back pay, sick time, vacation time, holidays, shift differential, and pension contributions. It contended that an indictment on a murder charge is not a conviction.

"The university stands by its decision to terminate Officer Ray Tensing." university spokeswoman Michele Ralston said Friday.

Under the contract, the university has seven calendar days — until Aug. 6 — to hold a hearing. At the hearing, the university could either restore Tensing to his job or decline, Fehr said.

Then the case would go to arbitration. That process could take four to six months to conduct.

“The contract language says that if you’re going to discipline an employee for anything that involves loss of pay, suspension, demotion or termination, the university is required to have a pre-disciplinary conference with the employee. That was not done,” Fehr said. “They are also required to give the employee a copy of the formal charges, and that was not done. They just fired him.”

Tensing was notified that the union was filing the grievance on his behalf, Fehr said.

“He wanted it done,” Fehr said.

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