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Pizza and Soft Drinks Provided to WPEA Members

Mark your calendar and plan to attend your scheduled workplace meeting and learn what the union is
working on for you. For more information, contact your WPEA Staff Rep Allan "Jake" Jacobson.

MARCH 2007

WPEA Wins Shared Leave Grievance

WPEA member Vicki Presley, an Administrative Assistant at Clark College, requested to donate leave to her sister, another state employee, under the state’s Shared Leave Program. She had previously donated 40 hours to her sister in 2002. Clark College denied Presley’s request because she had donated leave previously and quoted an internal College policy from 2003 that stated that employees may not donate more that 40 hours in aggregate.

WPEA/UFCW 365 filed a grievance on behalf of Presley alleging violation of Articles 11 - Shared Leave, 32 – Management Rights, and 41 – Entire Agreement. At each step of the grievance procedure, the employer denied violating the contact. WPEA filed the matter to arbitration citing only violation of Articles 32 and 41.

The arbitration hearing was conducted in November 2006 and the decision was awarded on February 2007. The College claimed that the grievance was not arbitrable as Article 11 violations are not subject to the grievance procedure. But the arbitrator denied their claim and went on to determine that the employer violated the contract by relying on the September 2003 policy that, in turn, was based upon rules that have been repealed and no longer exist. This action, he ruled, amounted to an arbitrary and unreasonable exercise of the employer’s management rights.

As remedies, the Arbitrator set aside the employer’s denial of shared leave request. He then ordered the employer to provide Presley with the proper form relevant to shared leave donation request and respond to her request by March 26, 2007.

The College must use the terms of the agreement to make a reasonable decision that is not arbitrary or capricious regarding Shared Leave or any other provisions of the employment relationship.

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