EAA Union

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EAA MEMBER RETURNED TO WORK AFTER 10 MONTHS WITH FULL BACK PAY!

Monday, Jun 30, 2008

The DRP terminated the EAA member improperly based on hearsay allegations by another employee. The allegations were untrue and were made to cover up for that other employee’s own failure to perform the duties of that employee’s position properly. In short, the EAA member was made a convenient scapegoat to help avoid or reduce the City’s exposure to a potential lawsuit. EAA presented compelling evidence and testimony of the innocence of its member at every level of interaction with DRP, giving them ample opportunity to correct their own mistakes. EAA Labor Representative Darryl Cherness convinced the Civil Service hearing officer that our member was improperly terminated. Later, the Civil Service Commission voted to uphold the hearing officer’s recommendation of full reinstatement.

True to their nature, DRP refused to reinstate the employee for 4 months, in direct defiance of the Civil Service Commission. Angel Calvo, EAA Staff Coordinator, protested the department’s lack of compliance directly to the Civil Service Commission, suggesting the Commission engage the Personnel Department to apply pressure on the DRP through the Mayor. The Commission was obviously angered by the DRP’s refusal to accept their decision. They instructed the General Manager of the Personnel Department to take the issue up with the Mayor’s office. They also asked that she have the General Manager of Recreation and Parks present himself at their next meeting to explain his actions. The results are that the member has been returned to work and fully exonerated of the accusations the department made against him.

This result demonstrates that if an employee stands up for what is right, he or she can prevail with the help of dedicated and knowledgeable representatives. The DRP took its standard position that they can do whatever they want to whomever they want, a position we will not tolerate. Many other departments have realized that following the proper procedures and treating their employees fairly will result in good relations with the Union. Unfortunately, enlightenment has yet to spread to DRP.

© 2009 Engineers & Architects Association.