Arbitrator’s decision on grievance released

By DEB WUETHRICH

The grievance process ended last week for Tecumseh Middle School teacher Ernie Palmer, when a decision from C. Keith Groty, Ph.D., of the American Arbitration Association included the following summary:

“The employer had just cause for taking corrective action with the grievant. However, the corrective action of a letter of reprimand was excessive based on the offense and the employment history of the grievant. The letter of reprimand is to be removed and destroyed. The grievant is to receive counseling concerning methods acceptable to the district for gaining classroom control. Notation of the counseling may be kept in the grievant’s personnel file.”

The grievance, which began with an incident in Palmer’s classroom in October of 2007,  proceeded through a grievance procedure that involved denials by the school Principal, Superintendent and School Board before being sent to arbitration.

Tecumseh School District Superintendent Mike McAran, who was unavailable for comment when the decision was first reported in the Herald last week after information was obtained just prior to deadline, said the district’s right to take some action is an important point.

“The key point is that the district has the right to discipline a teacher,” McAran said. “The arbitrator just determined that the corrective action was a little excessive based on the offense and employee history.” The decision also notes that, “After reviewing the testimony concerning the actions of the principal in conducting an investigation, keeping the grievant and union representative informed and dealing with parents and students, the arbitrator can find no violation of the Collective Bargaining Agreement.” The arbitrator noted his belief that the incident took on a greater significance because of the behavior and lies of a student, which added to a problem that started with an issue of classroom control.

McAran said that the district would be following up on the counseling portion recommended as part of the arbitrator’s decision by enrolling Palmer in anger management counseling.

“He’ll receive information there concerning methods acceptable for regaining classroom control, which was a major issue,” McAran said.

The arbitrator also pointed out that once the administration deemed that disciplinary action would be taken surrounding last year’s incident, it “should have been brought to the attention of the grievant by oral counseling,” rather than beginning with a written reprimand.

“Corrective action is to include a verbal warning, with something in writing and signed, noting that the warning was given, and then a written warning, and then a letter of reprimand should be given,” said McAran regarding the process the district should follow.

MEA Uniserv Director Jim Berryman, who represented Palmer throughout the grievance process, said during an interview last week that he did not look at such decisions as win/lose, but that all along he and Palmer had believed it was an unfortunate event that had escalated, largely by the student hysteria created when one student lied, stating he had been struck by a stick the teacher had rapped in order to regain control of the classroom.

“I know that Mr. Palmer feels very relieved at the decision,” said Berryman. “He does feel vindicated.”