Tuesday, February 9, 2010
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NRHEG school board denies teacher’s union grievance
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By DREW AMO

news@owatonna.com



NEW RICHLAND — A teacher’s union grievance over unpaid emergency leave was unanimously denied by the New Richland-Hartland-Ellendale-Geneva School Board at a special meeting Wednesday.

Scott Allen, a field rep with Education Minnesota, and a handful of NRHEG teachers told the board at its regular meeting Monday night why they filed this grievance on behalf of several members and the union.

In the district’s contract with teachers, a condition states that an emergency leave uses up a teacher’s sick days, but can be used for an emergency involving a teacher’s parents or adult children.

At Monday’s meeting some of the teachers gave examples of how they used the system in the past for family emergencies and how those examples were approved absences.

NRHEG Superintendent Kevin Wellen told the group that this is not about denying the leave, it’s about whether it is paid or unpaid leave.

Allen told the board the grievance is about the recent increase in denials for these requests.



The union was requesting a compensation of lost wages for the denied employees and “a return to past practices.” They also requested that these separate parts be treated as a single issue.

Member Rights Chair Julie Economy said Monday that in one of the denied requests, a teacher’s family member had been diagnosed with cancer and the teacher was needed at the hospital right away. She added that the teacher in this case did not want everyone to know the medical issue the family member was facing and was afraid to tell Wellen about it.

She added that people should not have to jump through hoops when a family member is seriously ill.

“I don’t want to confuse compassion with contract,” Board Chair Rick Schultz said, adding that everyone on the board has had family medical emergencies and respects the medical issues any staff member has to face.

Wellen explained to the group that he did not have an opportunity to be compassionate in the cases which he denied the emergency leave because the reason for the absence was vague on the submitted form. Previous compensated emergency absences that were approved gave more details into the nature of why they were gone

He added that in one case the reason given for the absence was “issues pertaining to mother’s illness,” which he considered to be very vague. Wellen’s concern was if he approved that request the way it was submitted, it would set a precedent for vague reasons for compensated emergency absences which might lead to abuse of the system down the road.

With the school board’s denial of the grievance, the union has two options, according to Wellen. They can accept the board’s decision and the issue rests, or they can request arbitration. If they chose the latter, a third party will be brought in to help both parties come to a solution.
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Member Opinions:
By: ss_observing on 10/29/09
If an employee is entitled to the time off due to having earned it, it's in a written contract, it's company policy, etc. They should NEVER have to explain, in detail, why they need the time off. It is not up to an "individual" to determine if one person's request is more valid than another's. It has NOTHING to do with compassion or if the REASON is vague. It's none of your (Wellen's) business. IF, and only if, it is then discovered that someone took advantage of the "system" then, and only then, should the time off be denied and necessary action taken. Stop treating your employee's like children and they'll stop acting like them.

The example I like to use is regarding vacation time-off. If you've earned it, and it's company policy to pay you when you use it, it shouldn't matter if you ask off for it for a week of deer hunting or a week of shopping. It's nobody's business WHY you want/need it off, it's whether you qualify for it.

The Board and Wellen are wrong if the Union contract says that FMLA leaves are paid, and if they've paid medical emergency leaves in the past, whether written, or not, it could be construed as descrimination to not continue to do so until they ammend the Union contract. And, no, I'm not pro-union. I'm just saying that there already are laws to address this issue, and company handbooks that should address this issue, and, in this case, a contract that should addres this issue. Not a schoold board and certainly not an individual.

Ok, stepping down from the soap-box now.....

By: secretsquirrel on 10/29/09
In concept I agree with you ss_observing. In practice, I would diagree.
If an employee does not wish to share sufficient details about a loved one's illness, they are not providing sufficient information upon which the approving authority can render a decision. Thus, a choice has been made by the aggrieved placing privacy over pay.
On the other hand, if they do not feel they can trust the that their confidentiality is going to be respected and supported, that is another issue: The person handling such sensitive information must be beyond question capable of handling that information in a confidential and professional manner.
It is not discrimination unless there is a history of arbitrary approval and that would have to be broken down into a lot of sub-categories: gender, affiliation, race, religion yadda yadda yadda...

The board needs to establish a criterion upon what level of information is REQUIRED for all parties and stick with it. Consistency in all we do eliminates the confusion and ambiguities associated with these things.

Stay ON your soap box ss-observing. You make excellent points and the discourse is productive, informative and logical rather than partisan. Goos post!

By: ss_observing on 10/29/09
Oh, yeah, and according to the FMLA laws - 2 words were sufficient to qualify this individual' request: illness, mother. It's all the information required (and this information was provided).

 
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