Personnel files expungement

[kevinh803]

What is the name of your state (only U.S. law)? Ohio

I am a firefighter in Cleveland Heights, Ohio. I have been "progressively disciplined" for an incident that happened a week ago. My problem is that the previous incident was 8 years ago, and the one before that was ten years ago. I have done some research and found that most governmental employee contracts contain a provision for removal of previous discipline documents after one year with no recurrence of a similar incident, or two years for a more serious violation which resulted in suspension. Our contract does not contain such a provision. Can I expect an arbitrator to assume that an incident from 8 yrs. ago cannot be considered as a part of my progressive discipline, or does this assumption not apply because it is not a part of the bargained contract?
The suspension was given for calling in sick when on a time trade (working for another firefighter), which is an absolute no-no on our department. Ten years ago I was taken by ambulance (from our department) to the emergency room, and this was considered "blowing" a day trade. Can I argue that this is an unfair charge, since, though it was ten years ago, the Chief is using it against me now? Any help would be gratefully appreciated.