The Professional Staff Association of Maryland (PSA) achieved a significant victory in its ongoing efforts to protect the rights and benefits of its members seeking Family and Medical Leave Act leave.
Arbitrator Andrew M. Strongin ruled in favor of PSA, finding that the Maryland State Education Association (MSEA) had violated its contractual obligations by unilaterally changing an employee’s FMLA request.
“This victory drives home NSO’s unwavering stance against any management misconduct and our relentless defense of members when their legal and contractual rights are trampled upon,” said NSO Vice-President of Defense Mike Boyer. “It sends a clear message that we will not tolerate any infringements on our members’ rights.”
The case centered on an employee who had requested intermittent FMLA, which MSEA converted to continuous leave without notice or cause. The conversion had a significant impact on the employee’s FMLA entitlement and sick leave balance.
PSA, represented at the hearing by Boyer, asserted that the MSEA’s actions violated the terms of the collective bargaining agreement. which outlined the process for granting FMLA leave.
“The problem, evidently, was [for MSEA] … some unidentified, unexplained internal impediment to covering for grievant’s intermittent absence that was unrelated to grievant’s…fitness for duty,” Strongin ruled. In granting relief, the grievant was awarded full restoration of any used FMLA leave and re-credited all sick leave used during the dispute.
NSO President Brad Darjean emphasized the enduring commitment of NSO in securing justice for members and advocating for the rights of all workers. “NSO has been and always will be relentless in this pursuit,” he said.
“PSA firmly believes in its mission to advocate for the rights our members,” said Andrew Macluskie, PSA president. “We are proud to partner with NSO to ensure we receive the protections and benefits afforded to us under our contract.”
The National Staff Organization serves as a resource for the thousands of staff members who work for the National Education Association and its state affiliates.
With its expertise in negotiations, grievances, and training, NSO is committed to supporting its affiliates in all aspects of their work. For those seeking more information about NSO and the services it provides, visit their website at http://www.nationalstaff.org or follow NSO on social media platforms such as Facebook, Twitter, and Instagram.