http://www.afge.org/index.cfm?Page=PressReleases&PressReleaseID=1180&from=home
FOR IMMEDIATE RELEASE:
June 21, 2010
Contact:
Christina Erling
202-639-6419
AFGE WINS UNPRECEDENTED
ARBITRATION ON BEHALF OF
SOCIAL SECURITY
ADMINISTRATION EMPLOYEE
$100,000 in
Punitive and
Compensatory
Damages Awarded,
Arbitrator Cites
Flagrant
Violations by
the Agency
(WASHINGTON)-
Citing “reckless
indifference,”
an independent
arbitrator
decried the
Social Security
Administration’s
multiple
contract
violations in a
recent case
regarding the
wrongful
suspension of an
exemplary SSA
employee and
American
Federation of
Government
Employees
member. The
grievant,
Magnolia Littles,
was placed on a
90-day
suspension after
a payment
approved by her
turned out to be
fraudulent.
“The grievant
was a 14-year
veteran of the
SSA with a work
history that was
clean and
without
disciplinary
blemish,” stated
Patti McGowan,
the AFGE legal
attorney who
handled the
case. “Based on
the facts and
the grievant’s
testimony, we
knew right away
that there was
no just cause
for the 90 day
suspension –
something that
the arbitrator
was able to
confirm for us.”
According to the
independent
arbitrator,
“there is no
substantial
evidence that
the grievant was
negligent or
otherwise
inattentive to
her duties as
charged.” The
arbitrator also
found that the
SSA committed
multiple
violations of
the National
Agreement with
AFGE including
violating the
grievant’s
Weingarten
Rights where the
manager must
inform the
employee of
impending
disciplinary
action with
union
representation
present; and
discriminating
against the
grievant because
of race. Three
other employees
were caught up
in the event
involving the
same fraudulent
culprit but none
of these
employees
received equal
treatment. The
agency exhibited
discrimination
by varying the
levels of
discipline along
the racial
makeup of the
group. Out of
four employees
who were
similarly
situated the
only white
employee in the
group was not
disciplined.
The arbitrator
went on to say
that “the Agency
has flagrantly
violated the
National
Agreement and
has trampled
upon the right
of this grievant
and of the
Union.”
“The strong
language used by
the arbitrator
admonishing the
agency
illustrates the
unabashed
ferocity in
which employees
are treated
under the
current SSA
leadership,”
stated McGowan.
In the terms of
the ruling, the
arbitrator
rescinded the
grievant’s
90-day
suspension,
awarding full
back pay plus
interest;
$50,000 in
compensatory
damages due to
SSA’s unlawful
discrimination;
$50,000 in
punitive damages
due to the
agency’s “gross
and repugnant
rendition of the
matter at hand,
and in an effort
to deter such
reckless,
blameworthy
misbehavior in
the future”; and
expunged the
employee’s
record of any
and all
information and
records
pertaining to
these events.
“This is a first
for an SSA local
in arbitration,”
concluded
McGowan. “The
unprecedented
sums of damages
awarded to our
member should
serve as a
wake-up call. We
won’t let these
blatant
injustices to
our members
stand.”
###
The American
Federation of
Government
Employees (AFGE)
is the largest
federal employee
union,
representing
600,000 workers
in the federal
government and
the government
of the District
of Columbia.