A former University secretary has filed a complaint with the Pennsylvania Labor Relations Board claiming she was dismissed for supporting the formation of a union on campus.
But University officials deny the charges.
"(The dismissal) has absolutely nothing to do with anyone's membership in a union," said Bob Maney, University manager of employee relations.
Pat Crawford, secretary of the Pennsylvania Labor Relations Board, said an attorney for United Steelworkers of America filed the original complaint with the board on behalf of Lynn Jaskowak, a former secretary in the Women's Health Department.
Jaskowak is also completing grievance procedures with the University in regard to her dismissal.
The complaint against the University and filed with the board includes alleged oral discipline on May 8 for union activities, surveillance while distributing union leaflets and three written warnings, Crawford said. Jaskowak received the first written warning May 19, Crawford said.
University policy states after three written warnings, an employee is discharged, Crawford said, adding that Jaskowak was dismissed Oct. 9.
"The union's basic allegation is that the individual was discharged by the University because of her support of the union," Crawford said.
A group calling themselves the Penn State Office Workers Organizing Committee has been leading a unionization effort during the last year. Jaskowak said she is a member of PSOWOC.
PSOWOC formed in October 1988 to investigate possible unionization with United Steelworkers of America. Last April the steelworkers' union held a membership drive on campus, causing conflict between union supporters and groups opposed to union formation on campus.
Katie Gohn, a secretary in the Dean's Office in the College of Liberal Arts and coordinator of PSOWOC, said the committee is currently working on several projects, including circulation of a newsletter with which the group hopes to clear up misconceptions about the union. Information about other projects is confidential, including the voting date for unionization, Gohn said.
The first part of Jaskowak's hearing with the labor relations board was conducted Aug. 21 and scheduled to continue in September, Crawford said. The second part of the hearing was then re-set for Oct. 25, but cancelled because an additional complaint was filed following her dismissal, Crawford continued.
Jaskowak said the hearing has been re-scheduled for Nov. 20. She refused additional comment.
Jaskowak's attorney, Joe Devecka of the Devecka and Rayman firm in State College, said the former secretary is also following the University's grievance procedure. He said he thinks she has also filed with the state for unemployment compensation.
Maney said, "The (grievance) procedure is a progressive one, with four levels, ending in final and binding arbitration."
Before the actual grievance procedure begins, there is an informal step in which the employee discusses the problem with a supervisor, Maney said.
If the outcome of this meeting is not acceptable to the employee, he or she may request the first step of the formal procedure. This step is a meeting with the immediate supervisor, the next-level supervisor, a personnel representative and any other University employee concerned with the case, including one of the plaintiff's choosing, Maney said.
If the grievance is not resolved in the first step, the employee talks to a dean or administrative officer, a personnel representative, Maney or his designate and other related University employees, including three chosen by the plaintiff, Maney said.
The third step is the last opportunity to solve the problem before it leaves the University, Maney said. The employee meets with those who attended the previous meeting and an individual designated by University President Bryce Jordan, Maney said.
The final step is an hearing held by an arbitrator who is agreed upon by both the employee and the University, Maney said. At the hearing, an attorney can represent the employee and others may testify, he said.
If the employee takes the matter to an outside agency, the process is interrupted and resumed once the agency resolves the problem, Maney said.
In the case of dismissal, the procedure begins at step two, he said.
Devecko said he will be involved with the University grievance procedure when regulations permit him. Workers cannot be represented by a lawyer until the arbitration, and no date has been set for the arbitration, he said.
"Arbitration is the only time anyone outside of the University gets to hear the issues," Devecko said.
He said Jaskowak has a strong case and he anticipates winning an arbitrary award from the University -- back pay and permission to return to her job.
"I think ultimately it will be interesting to follow this case through," Devecko said.
