APC recently assisted a bargaining unit employee who successfully challenged a multi-day disciplinary suspension before the State Personnel Board (SPB).
In this case, the University alleged the employee improperly authorized an action and misrepresented management approval. After reviewing the evidence and testimony, the Administrative Law Judge (ALJ) found the University’s narrative was not supported by the record. The decision noted there was no evidence the employee authorized the action in question, and the discipline was fully revoked with back pay ordered.
This outcome is an important reminder that allegations are not facts, and employees should not assume discipline cannot be challenged. When members can prevail if they stand up for themselves, utilize their representational rights, and insist on a fair review of the evidence.
Cases like this also highlight one of the important benefits of APC membership. APC’s State Personnel Board representation policy provides members with representation in qualifying disciplinary appeals or reimbursement assistance for personally selected counsel. Having experienced representation and support during disciplinary proceedings can make a significant difference when an employee decides to challenge unsupported allegations.
APC remains committed to protecting due process and ensuring bargaining unit employees receive fair treatment throughout investigatory and disciplinary proceedings.
In union,
APC Labor Relations Team