[Vision2020] Faculty Union Files Suit for UI Whistleblower

[heirdoug at netscape.net]

Nick,

I think this may be a good thing. But I have one question, is there any 
help and protection for Doctoral grad students that blow the whistle on 
the Faculty or do they just loose years of research, sacrifice and 
preparation and their PhD?

lemeno, doug













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[Vision2020] Faculty Union Files Suit for UI Whistleblower
nickgier at adelphia.net nickgier at adelphia.net
Tue Dec 12 14:17:59 PST 2006

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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.



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