The grievant had been employed as a Treatment Aide in the Department of Nursing by the Marquette Medical Care Facility from 1999 until his/her termination on August 28, 2006.

The charges are set forth in the Documentation of Disciplinary Action dated August 28, 2006.

Reasons/Underlying Facts for Disciplinary Action:

During the week of August 14-18 grievant removed a laundry barrel from the facility without the approval of the administrator.  On August 25, 2006, grievant called the Physical Plant Supervisor back to central supply to talk about the barrel.  Grievant alleges that the contents of the barrel damaged her car seat and wanted the facility to pay for the damage.  Grievant was reminded that she did not have the administrator’s authorization to take the barrel and she would have to return it.  Grievant stated that she wouldn’t be stupid enough to transport the drum in her car again.  When the facility offered to pick up the barrel, grievant stated that he/she would not allow the barrel to leave her property.  Grievant and the Physical Plant Supervisor talked about the barrel on August 24, 2006 and grievant understood that the facility was not responsible for her car, and she was going to drop the matter.  When reminded of that conversation, grievant called the Physical Plant Supervisor a “fucking liar” and continued to yell obscenities at him/her and the administrator.  When told to stop this, grievant continued.

Applicable Contract or Policy Provisions:

AFSCME Labor Agreement: Article 14

Discipline Policy:  Group 3(d) – Theft, or removal from Facility premises without proper authorization of Facility property. . .

     Group 3(h) – Insubordination-refusal to obey and/or failure to carry out supervisory/management directives

     Group 3(o) – Intentional wrongdoing, such as but not limited to:

     Group 2(a) – Unprofessional conduct

     Group 2(h) – Use of profane, obscene, abusive. . .

     language directed towards supervision or management

Violation of any rule, individually, would have resulted in discipline given

In reviewing this case our Upper Peninsula advocate did a great job, used sound arguments and facts to disprove the multiple charges against this member.  The only charge that he could not get around was the one of the grievant using profane and inappropriate language.  The arbitrator in this case made a key distinction about simply using profane language, in anger, in a general context and using such language directed at a specific individual or multiple individuals.  In this case the employer was able to establish by the record this direct assault (verbally) upon a supervisor.  It is important that stewards when found in this position attempt to take a break and privately warn the grievant that such action will result in even more problems for them.

In the instant case as a result of her language and in spite of the advocate’s great skills in being able to disprove the other allegations, the grievant was given his/her job back with seniority and benefits, but with no back pay.

Note: As a prologue to the case, the grievant held a license to be able to have this job.  After he/she was awarded her job back it was found that she had allowed her license to lapse.  The advocate was able to get the employer to give the grievant a period of time to acquire the license back.  It is important, for Locals whose members need a license to retain employment, they be reminded to maintain themselves as qualified to return to duty until an arbitrator has issued their ruling.