Tensing, through union, demands his UC job back

The union representing the University of Cincinnati police force has filed a grievance on behalf of Raymond Tensing demanding that he get his job back as an officer because the university fired him this week 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 Tensing was arraigned on murder charges in Hamilton County Common Pleas Court.

Tensing is accused of killing motorist Sam DuBose July 19 in Mount Auburn. Tensing had stopped DuBose because his car did not have a front license plate. As DuBose turns his ignition key, starting the car, Tensing pulled out his service weapon and fired. Tensing was wearing a body camera that captured the exchange.

On Wednesday, Tensing was indicted on murder charges, and the university fired him from the police force. The FOP 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.

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

The grievance said, "Officer Tensing was terminated on 7/29/2015 without just cause for an on-duty fatal shooting. While Officer Tensing was indicted on a charge of murder, the indictment is not a conviction. Officer Tensing was also denied his due process rights of a pre-disciplinary hearing under the contract."

The grievance asked for Tensing to be reinstated immediately and "is to be made whole for all back pay and benefits including but not limited to sick time, vacation time, holidays, shift differential, pension contributions etc. afforded under the current contract."

Under the contract, the university has seven calendar days – or until Aug. 6 – to hold a hearing. Fehr said that at the hearing, the university could either restore Tensing in his job or decline, 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 and didn’t follow due process.”

Fehr said that Tensing was notified that the union was filing the grievance on his behalf. “He wanted it done,” Fehr said.