ULP 5842

ULP-5842                     State of Rhode Island - Department of Labor and Training                       9/18/08
                                    & RI Council 94, AFL-CIO, AFSCME

Impact: Minor
Nominal Beneficiary: Management
Actual Beneficiary: None

Fact intensive case regarding whether a meeting was a management meeting or not and the demeanor or motivation of the participants in the meeting.  Labor lost, however damaging testimony negating the claims of the complaining employee came from other members of Council 94 who were at the meeting in question and no labor members of the board dissented from the decision, no major principles established and a move to dismiss based on “selection of remedy” by the employer was dismissed because evidence of grievance based on the same circumstances was not submitted at the hearing.

Reported absences: Haywood, 2004, “several months due to illness”; Alves, 2006, “several months . . . due to illness”; Alves, 2007; Alves, end of 2006–beginning of 2007, “took vacation for approximately three weeks”