Grchan terminates Union member for filing a grievance.

"None of Mr. Gibbs' alleged acts of misconduct occurred while he was on the job.  Instead, all of the actions cited in the termination letter are linked to, and arose following the filing of the July 28, 2004, overtime grievance by Mr. Gibbs."

(FMCS Case No.: 050217-02120)

In the arbitrators 30 years of practice, he has never seen such a troubling termination.

"In the undersigned's some thirty years of arbitration practice this Case is unique in that the act of misconduct which prompted the Grievant's summary termination was not workplace behavior.  The County cites no arbitral or other authority for its theory that non-workplace behavior attendant to the filing, processing and the employer's investigation of a contractual grievance can constitute just cause for summary discharge."               

 (FMCS Case No.: 050217-02120)       

Arbitrator disturbed over the substantial and chilling effect this termination has on the membership.

"First, nothing in the Collective Bargaining Agreement or relevant arbitral principle establishes that an employee can be properly disciplined for filing what the employer judges to be an non-meritorious grievance.  The chilling effect on the grievance procedure and the contract administration process that would result from employees being charged with theft and subsequently terminated when they file grievances seeking overtime compensation that the employer believes to be disingenuous would be so substantial as not to require further elaboration."

(FMCS Case No.: 050217-02120)

The violation of Union member's rights by the Grchan Administration is very troubling to the independent arbitrator.

"The extraordinary origin and the intimidating nature of the interviews conducted by Lieutenant Bustos, coupled with the refusal of Captain Fisher to permit Chief Steward Stulir to confer with Staff Representative Whitely before the interview went forward propel the Arbitrator to conclude that the County seriously abrogated Mr. Gibbs' substantive due process rights."

"When the County instead chose to attempt to elicit that acknowledgment by means of a forced interrogation made under intimidating conditions it stepped beyond the bounds of acceptable labor-management relations protocol."

(FMCS Case No.: 050217-02120)

"The County argues that the Grievant was obligated to sign the log because of the fact that he was presenting a grievance that clearly involved Union business.  What the County neglects to recognize was that the Grievant had the option of not conducting Union business while on the clock."

(FMCS Case No.: 04-03885-A)

Arbitrator rules Grchan unjustly terminated a Union member in a effort to cover up for short staffing.     

Grchan terminates a Union Representative in retaliation for his protected Union activity.

"In the present case not only was Correctional Officer Bailey absent on November 21 from 1:00 p.m. on, but, as noted, two other officers were in court during the afternoon.  This placed a severe strain on the ability of the jail staff to accomplish all required duties and responsibilities in a correct and timely manner.  In judging the performance of a correctional officer, these facts must be taken into consideration."

"The foregoing analysis leads to the conclusion that the discharge of Correctional Officer Jason Allen was not for just cause."

(FMCS Case No.:Pending)

"The Illinois State Labor Relations Board found that Rock Island County Sheriff Michael Grchan and Rock Island County had committed an unfair labor practive by disciplining sheriff's sergeant Michael Huff in retaliation for his protected Union activities."

(Illinois 3^rd District Appellate Court Nos. 3-98-0373, 3-99-0020, 3-99-0077.)

http://www.state.il.us/court/Opinions/AppellateCourt/2000/ 3rdDistrict/July/HTML/3980373.htm

The Illinois Labor Relations Board and the Illinois Courts find Grchan guilty of Union Retaliation.

Grchan and his Chief Deputy lied under oath about Union Retaliation.

Union Representative, Sergeant Mike Huff, targeted for representing the Union membership effectively.

"An Administrative Law Judge of the Illinois State Labor Relations Board has ruled that Rock Island County Sheriff Michael Grchan violated the law for retaliating against a member of the Union, by suspending him and bringing charges against him at the Merit Commission."

"The Labor Board's Administrative Law Judge found that the Sheriff and his Chief Deputy lied while on the witness stand about their motives in disciplining the Sergeant."

("The Labor Council News" "Illinois Fraternal Order of Police Labor Council Inc." Dec. 1997)

"The adverse courthouse assignment action taken by the employer against Sgt. Huff followed closely on the heals of a heated controversy within the Sheriff's Department, which led to a petition for an injunction to be filed the local F.O.P. Lodge against the Sheriff for alleged violation of the Sheriff's Department Merit Commission promotion procedure.  During this ongoing litigation, the grievant, Sgt. Michael Huff, was an ardent and vocal advocate on behalf of his constituents in the bargaining unit."

(Union's Post Hearing Brief - case: FMCS NO. 94-21262)