OPEA

The Oklahoma Merit Protection Commission (Commission) met at its monthly meeting on October 22, 2008.  The Commission had two cases on the docket, one of which was an appeal from an Oklahoma Public Employees Association (OPEA) member.

Kelly Price, a former employee with the Oklahoma Department of Veterans Affairs (ODVA), filed an internal agency grievance claiming she was not being paid at the rate of pay agreed upon when she was hired.  The ODVA denied the grievance and an appeal was filed with the Commission asserting the grievance decision was not correct and Ms. Kelly was not being paid at the correct rate of pay.

The Commission’s Executive Director dismissed the appeal by concluding the Commission did not have jurisdiction over underpayments.  Clyde McLendon, OPEA Employee Relations Coordinator, filed a petition for reconsideration asserting that the Executive Director’s decision constituted probable error and that it was in the public interest that this decision be overturned.  “Clearly, the Commission has jurisdiction over both underpayments and overpayments according to Title 74 O.S., Section 840-2.19.  With that in mind, I believed the Commission would have to investigate and rule on the issue of Ms. Kelly’s rate of pay before a conclusion could be reached as to whether or not she was underpaid," McLendon said.

McLendon presented his argument to the Commissioners and after an executive session, there was a unanimous vote to remand the appeal back to the Executive Director for further investigation.  “Our members should have confidence that the Commission is protecting their rights under the merit system and I am pleased that the Commissioners recognized that an error occurred in this appeal and took action to correct that error.”

For further information on your rights in the grievance and appeal processes contact Mr. McLendon at (405) 524-6764 or cmac@opea.org.