What Has the Union Done for You Lately?
by Josephine Delvey, OTR/L, EVC Adjunct Faculty Disabilities Support Program

Don’t Be Afraid to Contact the Union; It is on your side!

While working at Evergreen Valley College I injured my knee and eventually required knee surgery for my worker’s compensation injury. The surgery took place in August, 2008, and I was off work for a five week period. During this time I received Disability Benefits from Worker’s Compensation. I also received additional sick leave benefits from Evergreen Valley College.

In October, I returned to work and didn’t feel there was any problem. When I received my paycheck for December, however, I noticed there was a large deduction leaving me with zero dollars. I didn’t understand this. After much discussion with district office personnel, I was told was that this deduction was due to an “overpayment” of sick leave benefits that I had received following my surgery. I questioned this and requested additional information. One individual told me the overpayment occurred because I had cashed the Worker’s Compensation check and that this check was supposed to have been submitted to the district. I was confused because no one had informed me of this. I continued to press for answers. I was told to contact the Worker’s Compensation Representative for the answers.

An Example of the Union Working for You!

It was at this point that I decided to contact our Union Representative, Barbara Hanfling. Barbara informed me that in deducting an amount from my salary without giving me notice, or having me sign any document indicating they were going to do this, the district was in direct violation of the union contract (Article 4.1.4) Here is what the contract states:

“If overpayment of a faculty members is discovered the District shall notify the faculty member and provide an opportunity to meet and confer t review data to develop a repayment plan, if appropriate…No money will be deducted from the faculty members’ check without a signed agreement…”

Barbara immediately began working on my behalf, despite both of us being on holiday break. Initially she too was given conflicting information from district office personnel. However, Barbara did not give up and continued to pursue a better resolution to my problem. David Yancy, our Union President, also became involved and after going round and round with all parties involved, a conclusion was finally made. The District agreed they were in violation of the union contract. A check was issued to me repaying me for the amount they deducted from my salary without consulting me and without getting me to sign an agreement. A further resolution was reached between the union, myself, and the district personnel.

I have to add that most of the correspondence regarding this was during the holiday break. Despite our being on break and out of town, both Barbara and David were extremely supportive of my issue and helped immensely during this time in trying to settle this dispute. I am very appreciative of all their work. Had I not contacted Barbara, I am sure I would still be talking to the district regarding this and the issue would still be unresolved. However, Barbara and David both worked diligently in my favor. I thank them for all their assistance.

My advice: Never be afraid to contact the union as they will definitely work on your side to resolve any issue whether large or small.