[Vision2020] Faculty Union Files Suit for UI Whistleblower

[nickgier at adelphia.net]

WHISTLEBLOWERS NEED MORE PROTECTION
AT THE UNIVERSITY OF IDAHO

The AFT Files Suit on Behalf of a UI Staff Employee

Dale Graden, President, University of Idaho Federation of Teachers

Nick Gier, President, Higher Education Council 
Idaho Federation of Teachers, AFT/AFL-CIO

In 2005 the University of Idaho hired "The Network" to serve as a clearing house for employees to lodge anonymous complaints about their working conditions.  
In a mailing to all employees, President Tim White explained why the UI needed to invest in this service: "One of the continuing challenges here. . . are periodic occurrences of unethical, illegal, or unsafe behavior in the workplace."

White also explains the consequences if these activities are ignored: "[These] acts can have serious consequences for the University and its employees, including financial losses, legal liability, and reduced morale.  Each employee shares the responsibility for preventing these effects by averting the causes."\

The AFT is now involved in a case that involves a staff employee who reported, in writing and in person, three incidents that she considered unsafe, inappropriate, and probably illegal.  She contacted the Ombudsman, the Safety Officer, and the Auditor's Office, which is in charge of protecting those "blow the whistle." As a result of her actions this employee experienced harassment, retaliation, and threats of dismissal.

For the first time in 33 years of handling UI grievances, the UI refused to allow this staff person union representation at her meetings.  Also for the first time, as far was we know, a UI employee was refused the right of an appeal before her peers.

The Faculty-Staff Handbook does have Section 3290, which is design to protect UI whistleblowers.  What is absent from this policy is a mechanism by which an employee can receive "whistleblower" status and thereby be protected from further adverse action.  

We also believe that sections of 3290, designed to punish employees who make false complaints, must be balanced by new provisions that offer sufficient protection and remedies for employees who act with good reason and good faith.  We also believe that some provision must be made to discipline the supervisors who retaliate against whistleblowers.  

The Staff Affairs Committee and the Auditor's Office have now agreed to take our suggestions, as well as parts of Arizona State University procedures, to strengthen whistleblower protection at the UI. 

The State of Idaho has a whistleblower statute that "provides a legal cause of action for public employees who experience adverse action from their employer as a result of reporting waste and violations of a law, rule, or regulation."  

We have always preferred settle grievances internally, but a December 15 filing deadline has forced us to file a suit against the UI on behalf of the staff member mentioned above.  The state and local AFT has so far contributed $4,300 to cover legal costs.

This staff member asked for a new supervisor over two years ago, and we have tried to negotiate a settlement for five months.  We urge UI officials to do the right thing and compensate her for the damages she has suffered during this long ordeal.