| MCEA Member Gets Sick Leave Granted, Along With Full Back Pay and Benefits (January 2011). A Telecommunications Operator II employee of the Maryland Transportation Authority sought MCEA for grievance assistance and representation. The employee filed a grievance on July 18, 2010 claiming she should have been permitted to take sick leave for certain days when she didn’t report to work, instead of leave without pay, as imposed by the MdTA. She contacted MCEA right away for help, and the case was heard at a Step I and Step II level, but was not resolved. So she then filed an appeal to the Office of Administrative Hearings (OAH). On January 20, 2011, a hearing at the OAH in Hunt Valley was held, and MCEA Labor Relations Specialist Rose Wertz represented the employee. Testimony was offered on both sides on whether or not the employee should have been able to take sick leave for three days for missing work due to a medical emergency. She called out of work all three days in the proper time periods based on MdTA policy, and she had a doctor’s note for one of the days. She tried to get a doctor’s note for the other two days as well. However, since the doctor was out of the office and the office was also closed on those days, she could only get a doctor’s note for the day she got an appointment with him and came into the office. She executed all measures. Administrative Law Judge D. Harrison Pratt heard the facts and ruled that the employee had demonstrated that the MdTA misapplied and misinterpreted the requirement for documentation for sick leave, as set out in MdTA Directive D-99-1, COMAR 11.02.09.01A(2) and 11.02.0810J(3)(a). He ordered that the grievance be granted and the MdTA permit the employee to take sick leave for the two days she was required to take leave without pay. He also ordered the employee be given all back pay and benefits to which she would have been entitled had she been allowed to take sick leave on the days in question.
Wrongfully Accused Member Gets Reprimand Rescinded (December 2010) Ms. Brandy Ames, Case Manager Specialist I, employed by Baltimore County’s Department of Juvenile Services, was issued a Level II Reprimand on October 19, 2010 for alleged negligence in the performance of duties. Ms. Ames contacted Michael Keeney, MCEA Labor Relations Specialist for assistance. A Second Step Hearing was conducted on December 9, 2010. Management presented its case and asserted through testimony that Ms. Ames’ caseload was poorly managed, and she had mishandled a particular situation which resulted in placing her unit in a compromising situation. Mr. Keeney proffered that the employee denied any alleged wrongdoing, and she strongly disagreed of having poor performance issues. Mr. Keeney continued to motion for a summary decision in the matter, citing State Personnel and Pension Article 11-106. Duty of appointing authority prior to imposing sanctions. (a) Procedure - Before taking any disciplinary action related to employee misconduct, an appointing authority shall: (1) investigate the alleged misconduct; (2) meet with the employee; (3) consider any mitigating circumstances; (4) determine the appropriate disciplinary action, if any, to be imposed; and (5) give the employee a written notice of the disciplinary action to be taken and the employee's appeal rights. (b) Time limit - Except as provided in subsection (c) of this section, 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. Keeney argued that through management’s own testimony, they admitted to having knowledge of the allegations on August 25, 2010 from an incident that occurred on the same day. It was not until October 19, 2010, some 55 days later, that management imposed the Level II Reprimand. Therefore, management had violated the aforementioned statute. Management argued that the statute is interpreted to mean 30 days after the investigation of the alleged infraction is concluded. To support his motion, Mr. Keeney cited the legal precedent established through MCEA’s representation, that of WCI v. Geiger, in which Maryland’s highest court affirmed that management must impose discipline within 30 days of when it first acquires knowledge of the alleged misconduct. The Hearing Officer agreed that management had in fact violated SPPA 11-106 and ordered that the Level II Reprimand be rescinded immediately from Ms. Ames personnel file. In summary, Ms. Ames commented, “I felt very comfortable with Mr. Keeney on my side. He was well prepared and very professional in his presentation. He made me feel that he truly cared about my case. Thank you MCEA!”
Member Gets Job Classification Upgrade Granted With MCEA's Representation (September 2010) In yet another victory for an MCEA member after a two year grievance battle, Mr. Ward Clem, a Licensed Mental Health Counselor at the Maryland Correctional Institution in Hagerstown, was awarded a retroactive upgrade to Mental Health Professional Counselor-Advanced. According to Mr. Clem, this upgrade never would have happened without the help of MCEA Labor Relations Specialist Ron Smith and MCEA Attorney Hillary Galloway Davis. Mr. Clem, who has worked for the State of Maryland for over thirty years, initially filed his grievance in October 2008. It was at this time that a new job series was implemented for Correctional Psychology Associates who had professional licenses in mental health. Due to his many years of experience, specialized knowledge and skills, Mr. Clem expected to be upgraded to the Advanced level but was not among the employees who received this classification. Through the initial grievance process, Mr. Smith provided counsel to Mr. Clem, and in February 2009, he represented him before Administrative Law Judge A. J. Novotny, Jr. Although well represented by Mr. Smith, the Administrative Law Judge ruled in favor of the Department of Public Safety, again denying Mr. Clem’s upgrade. With the support of MCEA’s Board of Directors and representation by MCEA’s Attorney Ms. Davis, a Petition for Judicial Review was submitted in May 2009 to the Circuit Court of Washington County. In March 2010, the Honorable Judge Donald F. Beachley heard legal argument from Ms. Davis and the attorney representing the Department of Public Safety. In his subsequent decision, Judge Beachley ruled that the Administrative Law Judge erred by not obtaining direct testimony from Dr. Paul Kradel, Mr. Clem’s supervisor. Since Dr. Kradel was unable to attend the original hearing due to medical reasons, the case was remanded back to Judge Novotny in order to obtain further testimony. In August 2010, Ms. Davis continued to represent Mr. Clem, and Dr. Kradel provided his testimony before Judge Novotny. Of particular interest in processing the reclassification was the fact that both the Director of Mental Health for the Department of Public Safety as well as the Department of Budget and Management never contacted Mr. Clem’s supervisor to obtain detailed information on his expertise and duties. Since a rebuttal witness from the Department of Budget and Management was unavailable to provide testimony, a final hearing was scheduled for September 2010 to obtain the remaining information. At the September hearing, under cross-examination by Attorney Ms. Davis, Department of Budget and Management’s rebuttal witness Paul Webb acknowledged that in processing the reclassification, he was unaware of Mr. Clem’s multiple licenses and certifications, he had limited knowledge of psychology and therapy, and other then the limited information provided by the Director of Mental Health, he was unaware of the details of his duties. Based on the new information provided in the August and September hearings, the Administrative Law Judge ruled in favor of Mr. Clem’s upgrade. Mr. Ward Clem, a Licensed Mental Health Professional Counselor at the Hagerstown Maryland Correctional Institution states, "Far too often the State of Maryland seems to go out of its way to not reward its employees for a job well done. The small amount I pay in union dues has been well worth the price. In light of the broadening attacks on state employees' salaries, health care, and pensions, now more then ever is the time to join and become actively involved in this union!"
Wrongfully
Terminated Member Reinstated with Back Pay (July 15, 2010) On November 20, 2009, Cawaina Friend, Office Secretary II
at the Caroline County Department of Social Services, was
terminated for allegedly deleting files from her computer
intentionally. At the time of her termination, Ms. Friend
was on sick leave to care for her critically ill son. On
March 1, 2010, she appealed the termination, and ultimately
it was referred for hearing to the Office of Administrative
Hearing (OAH) where MCEA Attorney Hillary Galloway Davis
took action. It was a full day hearing, during which the
DSS called four witnesses in support of its case. Ms. Friend
offered testimony explaining that at all times, she was acting
with the authorization of her supervisors and in the best
interest of her employer. After hearing and considering all
the evidence, on July 15, 2010, the ALJ issued a written
decision in which the termination was reversed. Ms. Friend
was reinstated back to her job, and full back pay and benefits
were restored to her. Ms. Friend commented, “I knew
I was innocent and didn’t do anything wrong. They performed
an unethical procedure. MCEA and Mrs. Davis represented me
well and stood by me. They did an excellent job! I thank
God and MCEA for bringing things to light and for the positive
peace of mind I now have.”
Member's Evaluation Ratings Changed, Negative Comments
Rescinded, and Improvement Plan Removed (July 2010). Dora Branch,
Fingerprint Specialist Manager for DPSCS, received an overall
needs for improvement rating on her end of cycle evaluation,
dated June 21, 2010. She was also placed on an improvement
plan. Ms. Branch, a 38 year veteran, was stunned with this
evaluation and called MCEA Labor Relations Specialist,
Michael Keeney. A first step conference was conducted on
July 12, 2010, and the issues of fact and law were discussed.
Mr. Keeney proffered that management failed to perform
Ms. Branch’s evaluation in accordance with SPPA 7-501,
7-502 and 7-503, which requires that the appointing authority
shall ensure that the employee complete a self evaluation.
Mr. Keeney argued that by negating the employee’s
right and obligation to perform a self evaluation, it had
tainted the true spirit of the law and, therefore, the
evaluation itself should be deemed invalid. Through the
course of the conference, it was revealed that Ms. Branch
received an overall meets standard rating on her mid-cycle
evaluation with many categories being rated as exceeding
standards. Additionally, the rater had only supervised
Ms. Branch for about six months and had come from a different
agency other than DPSCS. Mr. Keeney argued that Ms. Branch
had 38 years of experience with DPSCS and had never received
an unsatisfactory rating in the past. Mr. Keeney also argued
that the rater had violated SPPA 7-504 since the supervisor
could offer no evidence of discussion or interim conference
over the previous six month rating period. Thus, the employee
was first notified of her alleged poor performance at the
time of the end of cycle rating. Management agreed and
amended the ratings in all categories to at least meet
standard, rescinded all negative comments, and removed
the improvement plan from her evaluation. “I believe
that my evaluation is a personal reflection of my performance
and worth to this agency,” Ms. Branch retorted. “I
am so pleased that my evaluation now properly reflects
my hard work and the value that I continue to add to the
DPSCS and the citizens of Maryland. Thank you MCEA for
setting the record straight!”
LWOP Status Changed and Lost Wages Restored Through
Use of Leave (July 2010) Michael Peacock, DCA II for Spring Grove
State Hospital Center, made a timely call when he informed
management that he was requesting an emergency leave day
for November 25, 2009. On December 3, 2009, Mr. Peacock
was informed by a personnel officer from Spring Grove Human
Resources that his request for the emergency day was being
denied by HR and that he would be charged with leave without
pay (LWOP). Mr. Peacock called MCEA Labor Relations Specialist
Michael Keeney, who promptly filed a grievance on his behalf
on January 4, 2010. A first step conference was held on
February 18, 2010 where management argued that the grievance
was untimely because it was not filed within 20 days of
the employee’s knowledge of the alleged violation.
MCEA pursued his appeal to the Department of Health and
Mental Hygiene Employee/Employers Relations Unit, and a
second step conference was conducted on July 13, 2010.
Once again, management used the argument that the appeal
was untimely and that it should be dismissed. It also produced
a Spring Grove Hospital Policy that set forth the conditions
of use for emergency leave. Mr. Keeney argued that HR did
not have the authority to deny the emergency day and produced
a Department of Nursing Policy that stated, “Emergency
leave can only be granted or approved by the employee’s
supervisor.” Mr. Keeney continued to say that since
HR was not directly supervising Mr. Peacock, they lacked
the standing to deny his request. Mr. Keeney also argued
it was not until December 25, 2009 that Mr. Peacock gained
such knowledge as a result of his pay reflecting denial.
The Hearing Officer agreed that not only was the grievance
timely, but that Mr. Peacock had met his burden of proof
that he was denied his emergency day without cause. The
agency then agreed to change the status of the LWOP to
reflect leave with pay and to restore his lost wages through
his use of leave. “I value my membership with MCEA
and appreciate the professional representation that I received
concerning my labor dispute,” expressed Mr. Peacock.
Wrongfully Terminated Member Reinstated with Back
Pay (June 22, 2010) On October 22, 2009, a Food Service Worker II
at the Maryland School for the Deaf was terminated for
allegedly assaulting another food service worker in the
presence of children who were eating lunch in the school
cafeteria. The employee filed an appeal, and with MCEA’s
help, the termination was reversed and the employee was
reinstated with full back pay and benefits on June 22,
2010. The employee remarked, “My experience as an
MCEA member for the last 10 years has been extremely beneficial.
In particular, MCEA provided me invaluable support during
my recent termination appeal and court case. Mr. Mike Keeney,
MCEA Labor Relations Specialist, and Mrs. Hillary Galloway
Davis, MCEA Attorney, were very knowledgeable and compassionate.
They walked me through every step of the process and worked
tirelessly toward resolving my case successfully. When
I was hired as a state employee, my manager encouraged
me to join MCEA. It was one of the best decisions that
I ever made.”
MCEA
Represents Office Clerk and Wins Her Leave Time Back and
Her Personnel File is Wiped Clean (March 23, 2010). Tabitha
Johnson, Office Services Clerk for the Howard County Department
of Social Services, was given two disciplinary actions by
her supervisor on January 28, 2010. Ms. Johnson had received
a one-day suspension for alleged insubordination involving
poor customer service and a two-day suspension for alleged
insubordination concerning falsification of her employee
time card. A second step conference was conducted on March
23, 2010, and she was represented by MCEA Labor Relations
Specialist Michael Keeney. In matters involving discipline,
management has the burden of proof by a preponderance of
the evidence. Mr. Keeney artfully represented Ms. Johnson
in both appeals. Mr. Keeney proved that Ms. Johnson’s
mitigating circumstances were not taken into consideration
as provided for in the Annotated Code of Maryland, State
Personnel and Pensions Article 11-106, and management had
not met its burden to prove any act of insubordination on
the part of Ms. Johnson. Management agreed that the discipline
was not appropriate and rescinded both the one day and the
two day suspensions, removed them from the employee’s
personnel file, and also paid Ms. Johnson for all lost wages
and benefits. “I, like other State employees, have
struggled with just making ends meet due to furlough days,
no wage increases, and the impact of benefits. A loss of
three days of pay was devastating to me and my family. Mr.
Keeney was tenacious in pursuing my appeals and restoring
my pay. Now, I understand what the MCEA motto is all about.
At MCEA...Our Most Important Job Is Yours,” remarked
Ms. Johnson.
MCEA Represents Correctional Officer
and Gets Her Reprimand Revoked and Leave Day Granted (February
6, 2010). Inez Darby,
Correctional Officer II, employed by the Department of Public
Safety and Correctional Services and long time MCEA member,
received a level I reprimand for a failure to report on February
6, 2010. Additionally, she was not allowed the use of accumulated
leave and was therefore denied pay for the day. Ms. Darby
called MCEA Labor Relations Specialist Michael Keeney, who
then filed her appeal for the level I reprimand and a grievance
on her behalf for the restoration of her pay. Mr. Keeney
argued that management failed to take into consideration
mitigating facts, for February 6, 2010 was declared a state
emergency, as Maryland was pounded by unprecedented amounts
of snowfall totaling 30 inches. Ms. Darby had no prior disciplinary
actions in her personnel file, and Mr. Keeney argued that
the discipline was unreasonable considering the unparalleled
circumstances. Management agreed and withdrew the level I
reprimand and allowed Ms. Darby the use of leave for the
day. Ms. Darby summed it up by commenting, “THANK YOU
MCEA!”
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.”
Personnel File Wiped Clean (September
2009).
On September 21, 2009, Darcel Cobb, a Library Technician
at Towson State University, got a letter of reprimand concerning
an organizational change removed from her personnel file
in which Labor Relations Specialist Mike Keeney skillfully
represented her and won. She remarks, “I know I couldn’t
have done this and won without MCEA! I was with AFSCME before
and they were terrible and could not help me at all. Once
I realized I had other options for unions, I transferred
to MCEA. Thank goodness I did because there is no comparison!
It was like night and day. The professional and informative
manner my case was handled by MCEA just blew me away. Mike
was also excellent at following up with everything. I am
so glad I found MCEA. I am truly blessed!”
Member Wins Annual Leave Day Back (August
2009) On August 31, 2009, Patricia Harris, Direct Care
Assistant/Medical
Technician for Spring Grove Hospital Center, appealed her
one-day forfeiture of annual leave. She was falsely accused
of insubordination of not following a directive from a supervisor.
She won her annual leave day back and the monetary funds
associated with it, as well as the expungement of the accusation
from her personnel records. She commented, “I was ecstatic
I won and very thankful that it was not a lengthy process.
I am so glad the truth came out, and I want to thank everybody
at MCEA and God for helping me every step of the way.”
Member Wins Case and Pay and Benefits are Restored
(July 2009). In July 2009, Beverly Blackwell, an employee of
the Department of Juvenile Services, received a disciplinary
action and was suspended for 30 days. After filing the
grievance procedures with Labor Relations Specialist Steve
Yarbor, the Department of Juvenile Services rescinded the
discipline and all lost wages and benefits were returned
right back to her.
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!"
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 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!
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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