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| Inclement Weather Disciplinary Charges
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PBA Local # 105 through its attorney's has file an unfair labor charge against the department related to their action of demand of staff to produce a doctor's certificate for the single day call off related to the inclement weather.
The unfair practice charge alleges a host of circumstances in which the DOC has clearly repudiated the terms of the parties' existing agreement, its own policies and procedures, its past practices, statutory and regulatory requirements and its obligation to negotiate regarding the impact of its unilateral change in policy regarding the obligation to bring in a physician's certificate as a condition of a return to work for a single day absence due to illness on dates where there exists a potential for inclement weather.
The asssociation (PBA #105) has also filed an injunction with regard to the immediate action to be taken by the department before the ruling of the unfair labor charge ruling.
Through its unilateral implementation of its new policy and collecting over
$250,000 in fines prior to an adjudication of the propriety of its action, the DOC will have repudiated the parties' agreement and accomplished its ultimate goal - to send a message to officers that the DOC need not comply with applicable law. The resulting impact on PBA 105's ability to negotiate and enforce its labor agreement will be irreparably harmed in the absence of injunctive relief.
For the foregoing reasons, the charging party respectfully requests that an order to show cause be issued to compel the DOC to demonstrate why injunctive relief pending the determination of the unfair labor practice charges should not issue
Gregory Kelley Michael Goodman Trent Norman
President Vice-President Ex. V. P #1
Ronald Williams Brian Renshaw Earl Williams
Ex. V.P #2 Ex. V.P #3 Ex. V.P #4
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