MCEA Represents HR Worker and Wins Her Comp Time (January 5, 2010) Renee Collins Small, an employee of the Department of Human Resources, won her case with MCEA representation. She was transferred from Howard County’s HR office to Baltimore County’s HR office and had accrued comp leave that she accurately kept track of to date. However, her agency’s computation of her comp leave was different than hers, and she knew what they calculated was incorrect. So Renee filed a grievance with MCEA and allowed Labor Relations Specialist Mr. Michael Keeney to step in and professionally represent her. Due to her meticulous record keeping of her own comp time, she proved the agency made the error and the system was incorrect. Her own record keeping proved correct. As a result, Renee was awarded 279.45 hours of comp leave which she could use within one year, and 132 hours of COE comp leave which she could use whenever she wanted. Renee exclaims, “It took me a long time to finally get restitution and a final resolution with my agency for my correct comp time leave balance, and I went through every step I could and was disregarded. Well thank goodness I am an MCEA member! Mr. Keeney handled my case very professionally, and I am so relieved I won and can now put this last chapter to rest. I am so glad and fortunate to be an MCEA member!" Mr. Keeney stated, “Thanks to Renee’s own responsibility and accurate record keeping on the job, I was able to represent her with ease and present an excellent case.”

MCEA Represents Case Worker and Wins His Annual Leave Time Back and Wipes His Personnel Record Clean (June 26, 2009) An employee with the Baltimore City Department of Social Services was issued a written reprimand in June 2008 for alleged inaccurate and inefficient data record keeping and was also charged with failure to comply with a supervisor’s directive and given a loss of leave day for insubordination on the job. So MCEA’s Labor Relations Specialist Mike Keeney stepped in and pursued avenues through the appeal process. Mr. Keeney zealously represented the employee before the Office of Administrative Hearings, securing yet another victory for one of our members. An Administrative Law Judge with the Office of Administrative Hearings rendered a decision and agreed that DSS had not established the employee was negligent or inefficient with regard to entering data into the computer system. DSS also hadn’t established the employee was insubordinate with regard to disregarding a supervisor’s directive, for he was prematurely and untimely disciplined, and there was no underlying legal basis upon which to sanction the employee. So the judge ordered that the written reprimand be reversed and expunged from his personnel record, and his lost leave was restored back to him.

MCEA Represents Case Management Specialist and Wins His Annual Leave Time Back (April 24, 2009). Keith Pennick, Case Management Specialist III with the Department of Juvenile Services, was unjustly disciplined for not following DJS policy and was given a 5 day loss of annual leave. MCEA’s Labor Relations Specialist Steve Yarbor pursued avenues through a first-step grievance hearing and skillfully represented Mr. Pennick. Mr. Yarbor asserted that management has only 30 days to take disciplinary action against an employee, and it had been 35 days since management first acquired knowledge of the infraction, an alleged violation of regulations. He provided copy of State Personnel and Pensions Section 11-106 (b), which states “an appointing authority may impose any disciplinary action no later than 30 days after the appointing authority acquires knowledge of the misconduct for which the disciplinary action is imposed.” Mr. Yarbor also provided a copy of case-law in which the Maryland appellate courts enforced this provision of the State personnel law. After reviewing the testimony from all individuals and the exhibits provided by Mr. Yarbor, a decision was rendered by Rudy Adams, the Hearing Officer for DJS. He agreed that DJS did violate State Personnel and Pensions 11-106 (b) by failing to discipline the employee in a timely manner. As a result, the grievance was granted and the five days of leave were returned to Mr. Pennick. Mr. Pennick commented, "MCEA is a blessing! They were very prompt and diligent in assisting me with my case and concerns, and Mr. Steve Yarbor was extremely helpful and dedicated in his efforts to assist me as well. Thank you Steve and MCEA for all your hard work!"

MCEA Represents Case Worker and Wins Her Job Back! (March 18, 2009) Margaret Schaeffer, Family Services Case Worker II with the Department of Social Services, was out on approved sick leave and FMLA in December 2007 and January 2008. Notwithstanding this fact, in February 2008, while still out sick, her employer sent her a certified letter advising that she was considered to have resigned her position for an alleged failure to provide notice of the reasons for her absence and of her intent to return to work - she was no longer a state employee! MCEA’s Labor Relations Specialist Mike Keeney, along with Legal Counsel Hillary Galloway Davis, pursued all avenues through the grievance process and ultimately represented Ms. Schaeffer before the Office of Administrative Hearings. Following her hearing, Administrative Law Judge Yolanda L. Curtin rendered a decision in which she agreed that DSS was not entitled to remove Ms. Schaeffer and ordered that the resignation be rescinded and she be restored to her position with all back pay and benefits that were lost during that time. Any records of her termination were also ordered expunged from her personnel file. Ms. Schaeffer remarked, “I can’t begin to put into words how grateful I am with MCEA and their level of commitment and compassion with my case. They were just like family to me, striving to find justice for me as if I was one of their very own, coming from their heart. Mr. Keeney was relentless to find justice and Hillary Galloway Davis picked up all the pieces of the puzzles to the very end and was out of this world! They made a dynamic team!” Legal representation as a member of MCEA sure does pay off when you need it most!

Case Management Specialist Wins Her Case and Is Awarded Back Pay With MCEA Representation! (April 3, 2009) A Case Management Specialist from the Department of Juvenile Services filed an appeal in April 2008, challenging a disciplinary demotion from Case Management Specialist III to Case Management Specialist II. MCEA’s Legal Counsel Hillary Galloway Davis once again took action and represented the employee before the Office of Administrative Hearings. After a contested case hearing and written motions filed by MCEA, the Administrative Law Judge agreed that DJS had not established cause for imposing disciplinary action against the employee, and further, that DJS had not shown that they considered mitigating circumstances. The employee was ultimately ordered reinstated back to the position of Case Management Specialist III, and was also ordered to receive all back pay and benefits that were lost as a result of the illegal demotion. It pays to have MCEA on your side!

MCEA Represents NBCI Employee and Wins His Job Back! On December 9, 2008, (after a five day hearing) a Correctional Lieutenant with more than 26 years of service at North Branch Correctional Institution and thankfully, an MCEA member, won his job back. Administrative Law Judge Kathleen A. Chapman rendered a decision to return the officer back to his former position with full back pay and benefits included. Additionally, all documentation of his termination was ordered expunged from his personnel file. The Department of Public Safety and Correctional Services had terminated the officer back in April 2008, along with 7 other officers, for their alleged involvement in assaults on inmates. MCEA’s Labor Relations Specialist Ronald Smith and MCEA’s law firm, headed by Hillary Galloway Davis, wholeheartedly pursued all avenues through the grievance process and stepped in to represent him at the hearings to reinstate the officer back to work. A hearing was held in October before the Office of Administrative Hearings. This effort, led by MCEA Labor Relations Specialist Ronald Smith and MCEA Attorney Hillary Galloway Davis, is just another example of why correctional officers and all state employees should be active members of MCEA in order to be protected and maintain job security.

DJS termination reversed. MCEA successfully appealed the termination of a Resident Advisor II from the Eastern Shore Children's Center. The Office of Administrative Hearings ordered Shanell Taylor back to work with full back pay and benefits after our union proved she should not have been blamed for inappropriate activities that took place between the juvenile delinquents who were left in the care of two other employees while she was out of the room. (May 2007)

MCEA wins holiday case. MCEA won compensation for bargaining unit employees in the UMCES non-exempt unit and the Bowie State University Police unit. MCEA had negotiated contracts that the university employees at these schools would receive any holiday designated by the U.S. President or Maryland Governor. This year, President Bush declared Jan. 2 a day of mourning in recognition of the passing of former President Gerald Ford. The Office of Administrative Hearings agreed that employees should be compensated for Jan. 2. (June 2007)

If you are asked to sign a waiver of your rights ("resign or face termination" or of the "30-day rule"), call your Labor Relations Specialist IMMEDIATELY for advice FIRST. If you are not allowed the opportunity to meet or consult with your union representative or an attorney, decline to sign until you do so.

MCEA wins CO's job back - again. Back in 1997, the Department of Public Safety and Correctional Services terminated a Correctional Lieutenant from the Eastern Correctional Institution for allegedly losing a set of keys. MCEA won his reinstatement with full back pay and benefits. On the day the Lieutenant was returned to work in 2002, the agency terminated him again - this time for alleged misconduct he engaged in after he had been fired. On appeal to the Court of Special Appeals, MCEA had the second termination overturned. Management never met with the employee before dismissing him - a violation of personnel law.

MCEA wins again! Kenneth Ballard Jr., a Correctional Educator in the Eastern Correctional Institution auto shop, won his job back with full back pay and benefits. The Maryland State Department of Education terminated Mr. Ballard, who is extremely active in the community and serves as president of the Somerset County NAACP, based on the allegations by two inmate-informants.

Court orders Lt. reinstated to Patuxent. The Department of Public Safety and Correctional Services terminated Richard Keenan from his job as a Correctional Lieutenant as a result of an incident involving a visitor to Patuxent Institution. MCEA appealed the disciplinary action to the Office of Administrative Hearings, which ruled against the employee. Believing that OAH had erred, attorney Hillary Davis appealed the ruling to the Circuit Court for Anne Arundel County. On judicial review of the OAH decision, Judge Paul Hacker found that the Administrative Law Judge did not consider all the factors when determining whether the action taken against the employee for alleged misconduct was appropriate. He reversed the OAH's finding as "arbitrary and capricious" and ordered the Lieutenant reinstated.

Union gets termination on probation rescinded. Management terminated on probation a Correctional Officer from the Maryland Correctional Institution for Women for attendance. MCEA had appealed the officer's dismissal based on discrimination and civil rights issues. Upon review of the circumstances, the Department of Public Safety and Correctional Services reversed the termination and ordered the CO reinstated to work with back pay and benefits, and any reference to the discipline expunged from her personnel file.

MCEA wins LWOP case for DHMH employee. The Office of Administrative Hearings ordered the Department of Health and Mental Hygiene to return a Program Administrator to the status she held prior to the termination. The employee had been dismissed last year when management considered her leave without absence terminated. The employee had taken the leave after experiencing respiratory problems in the 201 Preston St. building, which was found to have mold, and when the agency rfused to make accommodations for her to work from home or at another work site. Administrative Law Judge Eileen Sweeney ordered that the termination of the grievant's leave of absence without pay effective Jan. 16, 2004 be rescinded and expunged.

Correctional Officer gets suspension overturned. Imagine being on your hospital bed when your agency refuses to grant you leave. The Maryland Reception Diagnostic and Classification Center suspended a CO for 5 days for insubordination and failure to report to work. Though the employee was out of sick leave, her request for annual leave, from her hospital bed with IV's, was denied and disciplinary action imposed. MCEA won her February 2004 case on appeal to the Office of Administrative Hearings.
The Office of Administrative Hearings ruled that the Division of Parole and Probation should return Senior Agent Charles Elliott to work with back pay and benefits. The agency terminated the longtime member after he was criminally charged with bribery. Mr. Elliott was acquitted of the charges, but the agency still refused to drop the termination. MCEA successfully appealed his termination to the OAH, which ruled in December 2003.

Court of Appeals affirms MCEA victory on "30-day rule"
When the Division of Correction terminated a Correctional Officer and took 2 months to impose disciplinary action, MCEA appealed and won! The Court of Appeals ruled that a State agency must investigate, meet with the employee, consider mitigating circumstances, and impose any disciplinary action within 30 days of learning of alleged misconduct. If the 30-day period is exceeded, the disciplinary action must be rescinded. This is a precedent-setting case that impacts thousands of employees under the State Personnel Management System.

MCEA gets 5-day suspension overturned
The Maryland House of Correction suspended Lawrence Ekwutife, a CO II, for 5 days, alleging insubordination and assault on a fellow Officer. MCEA presented evidence and witnesses at a hearing of the Office of Administrative Hearings. The Judge found management's version not credible and ordered that Officer Ekwutife days and benefits be restored.