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Grievance and ULP Updates

Grievance and ULP Updates

— A word from Linda Reling


Grievances


“Us Too”

  • Grievance filed.
  • Robin Geyer testified for two and a half hours last week on behalf of our Union at the arbitration hearing for the “Us Too” Grievance. At issue is whether the college violated the LCCEF “Us Too” provision in the July 2019 MOA by not providing a full step increase to certain LCCEF members as it did for certain LCCEA members. We are hoping to have the results of this arbitration before the end of the year; however, we anticipate that the COVID-19 pandemic may cause delays. 

PERS SB 1049

  • Grievance filed.
  • Included in our Bargaining Proposal to the College; if accepted, the grievance will be withdrawn.

Monetary compensation for Classification and Compensation Study

  • Grievance filed.
  • Included in our Bargaining Proposal to the College; if accepted, the grievance will be withdrawn.

ULP Updates (added 9/1/2020)

LCCEF recently defended itself against two unfair labor practice (ULP) charges. A ULP is a complaint that is filed with the state Employment Relations Board alleging a union or an employer has violated the state labor laws. The union was successful in both cases.


Greeley ULP

The first case was brought by Dennis Greeley, a former LCC employee who was terminated in June 2018. Mr. Greeley had been disciplined for absenteeism and was eventually issued a last chance agreement. When he was found to have violated that agreement he was terminated. 

In his ULP complaint, Mr. Greeley alleged that LCCEF violated his rights by refusing to file a grievance for him during the disciplinary process. Based on the evidence presented and the testimony from witnesses, the judge ruled that LCCEF did not act improperly in how it handled Mr. Greeley’s case and did not violate his rights. The case was dismissed. 


Baldwin ULP

The second ULP was brought by LCC employee and LCCEF member Bob Baldwin. Mr. Baldwin had been sending emails to LCC employees in which he criticized the union’s leadership. In April of 2019, LCC employee Kenny Ascheri, who was (and remains) one of the vice presidents of the union, filed a complaint with LCC, alleging that Mr. Baldwin’s emails violated several school policies, including those that prohibit harassment as well disrespectful or discourteous interactions between LCC employees. Mr. Ascheri also posted a copy of his complaint on the LCCEF website, identifying himself as an officer of the union. 

The issue decided by the judge was whether Mr. Ascheri’s filing of the complaint was a violation of Mr. Baldwin’s rights as a union member. More specifically, whether the filing of the complaint would tend to have a “chilling effect” that would discourage Mr. Baldwin from engaging in legally protected union-related activity, such as sending out emails that are critical of union leadership. 

The judge decided that in filing the complaint, Mr. Ascheri’s actions were those of a representative of the union, not just an employee. However, the judge determined that even if Mr. Ascheri acted on behalf of the union, the union had a good faith belief that portions of Mr. Baldwin’s emails violated College policies and that LCC’s investigation of the complaint found it was not frivolous or filed in bad faith, but that it raised serious questions under College policies. As a result, the case was dismissed. 

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