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. (
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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Union gets termination on probation rescinded.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Eileen Sweeney ordered that the termination of the grievant's leave of absence without pay effective Jan. 16, 2004 be rescinded and expunged.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.