Tired of ads? Subscribers enjoy a distraction-free reading experience.
Click here to subscribe today or Login.

NANTICOKE — The Pennsylvania Labor Relations Board ruled that Greater Nanticoke Area School Board and district administration did not violate the state Public Employee Relations Act in suspending and dismissing a teacher aide who took a leave of absence after the leave request was denied. The teacher was later re-instated without back pay following a separate arbitration hearing.

According to the written decision from the PLRB, the case centered on a Dec. 20, 2017 request by Pamela Aftewicz for an unpaid leave from March 21 through March 28, 2018. Superintendent Ronald Grevera granted that request, but the trip was canceled and Aftewicz worked the requested days.

On Oct. 23, 2018, Aftewicz submitted another request for unpaid leave for Dec. 6, 7, 10, 11 and 12 of 2018. She purchased airline tickets thinking the request would not be denied. But Grevera denied the request and Aftewicz was unable to get a refund for her ticket. Grevera warned her that if she left, he would recommend her termination to the school board for insubordination and job abandonment. She went on the trip and missed five days of work.

Grevera suspended her without pay Dec. 12, 2018 and recommended dismissal. The board voted to dismiss, without providing the employees name, at the Jan. 10, 2019 public meeting. The PLRB noted Aftewicz attended the meeting but left “immediately following the vote because she became upset.” The ruling includes a lengthy quote from Board President Tony Prushinski regarding his opinion that it was rude of people to leave school board meetings once they began.

As the Times Leader reported, Prushinski said “Do they have a right to walk out? Absolutely. But it is rude.” He added that he would always speak against such behavior when it occurs.

Between the Dec. 12 suspension and Jan. 10 dismissal, the union filed two grievances on Dec. 16 and 18, 2018, one challenging the discipline and the other challenging the denial of unpaid leave. An arbiter eventually ruled the board had just cause to suspend Aftewicz for insubordination but not to terminate her. Following the arbitration order, she was reinstated without back pay, benefits or seniority.

In May of 2019 the union filed charges of unfair labor practices with the PLRB. The decision on that case was issued last week, dated May 17, saying that the union had to establish a “three part conjunctive standard: that the employee engaged in activities protected by law, that the employer knew the activities were protected, and that the employer engaged in conduct that was motivated by the employee’s involvement in protective activities.” While the union proved the first two, it did not prove the third.

Key reason for the failure: Grevera had warned Aftewicz she would face suspension before she left, and he suspended her and recommended dismissal before the grievances were filed. “Needless to say, the superintendent could not possibly have been unlawfully motivated as his conduct predated (the grievances).

The union also argued Prushinki’s comments the day the board voted to dismiss and his written response to the grievances “should yield an inference of anti-union animus.” The PLRB rejected both arguments.

“The district has offered credible and compelling reasons for its conduct here, i.e. that Aftewicz openly flouted the superintendent’s clear denial of her leave request, as well as his direct admonishment that he would recommend her termination to the School Board if she went.

“Why Aftewicz did not simply grieve the denial of her leave request in the first instance before leaving work is a mystery. ”

The decision dismissed the charge and ruled the district did not commit any unfair practices in the matter.

Reach Mark Guydish at 570-991-6112 or on Twitter @TLMarkGuydish