| 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.
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