NO PAY CAN BE DOCKED WITHOUT DUE PROCESS ... TIMECLOCK CONCERNS

In Espanola, there can be no legitimate automatic docking of pay, ever, period.
[This and other important information can be found on our Local Blog: espanolaeducators.blogspot.com Note there is no "@"].

Will they do it sometime? Perhaps, then we have to fight to undue it, but there is no question it would be reversed.

There is established law and there is wording in the Collective Bargainig Agreement that can both be brought forth in any needed advocacy to have a "docking" of pay reversed

Any administrator who does "dock" pay subjects themselves to a Grievance and possible disciplinary action of their own for doing so.

Under basic contract law, it is established that a contracted right to salary cannot be unilaterially withheld from an employee without due process rights, and that means an opportunity to answer the charge that they were not at work on a given day (assuming there is no record of them not clocking in). The law is clear that time worked must be compensated for.

A NOTE OF CAUTION: Any Certified employee who does not use the timeclock once per day during the work day has no defense against a charge that they violated the terms of the Collective Bargaining Agreement article requiring that they do so. They would therefore be subject to legitimate minor discipline (such as a letter of concern or possibly a reprimand), but even that discipline can only be imposed after an appropriate investigation. If the employee did try to "clock in" but there were technical problems and has a persuasive argument to that effect, there should be no disciplining of the employee.

The Collective Bargaining Agreement says this about employee discipline:
ARTICLE 33. EMPLOYEE DISCIPLINE

A. GENERAL:

1. Disciplinary actions will be based on just cause. When an employee is to be discharged or terminated, such discharge or termination will be handled in accordance with applicable New Mexico law.

2. An administrator may place an employee on immediate administrative leave with pay to ensure the physical and emotional safety of students and co-workers and/or employee pending and during an investigation.

3. Prior to implementing any disciplinary action, an employee will be provided written notice of a predetermination meeting that shall include the charges against the employee. The purpose of the predetermination meeting is to provide the employee an opportunity to respond to the charges and is not an evidentiary hearing.

4. Any suspension of an employee pending final District action shall be Administrative Leave with Pay and shall be documented on a form that will identify the employee’s right to have Española-NEA representation.

--------------------------------------------------------------------------------
-------- Original Message --------
Subject: RE: clocking in questions
Date: Mon, 3 Oct 2011
From: ANOTHER MEMBER
To: John Reese

So if we fail to clock in is the district allowed to automatically dock our sick leave or force us to take leave without pay?

...

From: John Reese [mailto:espanola.nea@gmail.com]
Sent: Monday, October 03, 2011 2:23 PM
Subject: clocking in questions

We are informed that some Certified staff, especially at the HS are either not clocking in once per day, or are having technical problems with the system.

We remind members that through negotiations we removed the burden of having to clock in and out for most Certified staff. Our Collective Bargainign Agreement now requires this:

(a) Certified staff regularly assigned to one location only do have to clock in once a day, at any time during that day, to help the District know for certain you were at work on that day, not to document arrival and departure.

(b) Folks assigned to multiple sites do still have to use the time-clocks to indicate arrival and departure at work sites.

(c) All hourly employees must still clock in to arrival and departure at work sites.

For TECHNICAL PROBLEMS: If your name badge is not working, please see Crystal at the Human Resources office so they can get you a new badge. If there is a different type of technical problem with the clocks, please report that to the Principal.

Española-NEA also suggests that as with all employment-related matters, you keep a log of these actions, including dates/times technical issues occur for you and to whom/when/how you reported the problems. See http://www.nea-nm.org/ProfessionalIssues/ProfFileTips.htm for tips on keeping a professional file (at home, not at work).

Thank you,

John Reese
Española-NEA President
505-852-1150 h
505-692-8318 c
http://espanolaeducators.blogspot.com