| Union's contract
language protects members' rights PEF wins grievance over 'temporary' reassignment |
| By DENYCE DUNCAN
LACY On the heels of a resounding grievance-arbitration victory, PEF members across the state have less to fear from managers who'd like to reassign them indefinitely to broom closets while they consider disciplining them. The case involved supervising motor vehicle inspector Bob Bailey of the state Department of Transportation, a veteran PEF member who was accused - and later fully cleared - of being overly strict in enforcing the state's safety rules for buses. But while Bailey's supervisors were investigating the bus companies' complaints against him, they removed him from his regular office, stripped him of his normal duties, escorted him to a new office and forbade him to have anything to do with his former coworkers. "I was under house arrest," Bailey says. "They took all my files, searched my car, and treated me worse than someone who committed a felony. But I knew I would be cleared of the charges, so I just stood firm." This "temporary" reassignment lasted 54 days, so PEF filed a grievance charging the state with violating Article 33.4(a) of the PS&T contract. PEF associate counsel Elizabeth Hough represented Bailey at the arbitration of the grievance. "Article 33.4(a) provides that an employee may be temporarily reassigned for no more than five days before a notice of discipline is issued," Hough says. "We argued that the contract language was clear and unambiguous on this point, and that Mr. Bailey's 54-day reassignment clearly violated the contract." The arbitrator agreed, finding that Bailey was a target of discipline, since he would not have been reassigned were it not for the investigation into alleged misconduct. Therefore, the protections of Article 33.4(a) applied. To remedy the contract violation, the arbitrator ordered the state to "cease and desist from making similar reassignments... without following the provisions contained in Article 33.4." "I'm pleased with the decision, but I'm most happy about the way my union supported me throughout this ordeal," Bailey says. "PEF's resources, and especially Elizabeth Hough's work, made all the difference." The arbitration victory also has statewide implications. "This decision should make state managers think twice before putting any of our other members under house arrest and violating our contract," Hough says. |