Court exposes major gap between written policy and actual practice at state agency
Pennsylvania court says employers need specific proof, not vague efficiency claims, when denying leave guaranteed under collective bargaining agreements.
The Commonwealth Court of Pennsylvania ruled January 27 that the state Department of Corrections violated its union contract by limiting vacation slots for Community Corrections Center Monitors while other employees enjoyed far more flexibility.
The dispute centered on how the department interpreted leave policies. Instead of allowing one leave slot per shift per day as stated in the agreement, the department's practice limited total daily approvals to two employees once any shift had granted a slot. In a facility operating three shifts, this meant only two monitors could take leave on the same day rather than three, significantly restricting leave opportunities compared to what the contract language appeared to allow.
The Pennsylvania State Corrections Officers Association filed a class action grievance in December 2023 after discovering unusual patterns. The union's investigation revealed that Community Corrections Centers were denying leave requests at rates far exceeding other department institutions of similar size, with inconsistencies in how the policy was applied even among comparable facilities.
When the matter reached arbitration in July 2024, the department's defense crumbled under questioning. One lieutenant conceded that...
PORTLAND, Maine (WGME) -- A week after employees at the Holy Donut on Park Avenue in Portland told the company they were looking to unionize, the company now says those workers made false accusati...