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News :: Labor
AFSCME Council 31 Files Unfair Labor Practice Charges Against Judge J.G. Townsend. Current rating: 0
17 Jul 2003
Judge Makes Mistake, Publicly Blames Employee for His Own Error, Acts Against Union Steward Operating within the Bounds of Her Rights in Attempting to Represent Worker

Jerry L. Wright, Staff Representative with AFSCME Council 31 said in a press release today that AFSCME Council 31 has filed two Unfair Labor Practice charges against Judge J.G. Townsend over the May 27 incident. Mr. Wright said, "Judge Townsend has committed what we believe to be two unfair labor acts."
Jerry L. Wright, Staff Representative with AFSCME Council 31 said in a press release today that AFSCME Council 31 has filed two Unfair Labor Practice charges against Judge J.G. Townsend over the May 27 incident. Mr. Wright said, “Judge Townsend has committed what we believe to be two unfair labor acts.”

“The first was denying an employee, Evette Campbell, her right to union representation during an investigative interview in violation of the employee’s Weingarten Rights.” According to Wright, “The United States Supreme Court established Weingarten Rights when they ruled that if employee fears that a meeting with an employer may lead to discipline the employee is entitled to representation. Townsend denied the employee her right to representation even though the employee made it perfectly clear that she wanted a Union Representative present.”

According to the unfair labor practice charge the incident stemmed from a situation in Judge Townsend’s courtroom when he apparently took the court calendar into his chambers over the lunch hour without the Court Clerk’s knowledge. During an afternoon court session he became frustrated with the Court Clerk when the calendar was not in the courtroom. Townsend told the employee he wanted to see her in his chambers, “right now.” When they got into the back halls Townsend, in a loud voice, publicly chastised the employee in front of jurors and other clerks over the court calendar not being in the courtroom. The employee was crying and went to her office to get her purse to go take her break. Townsend followed the employee into her office. As the employee attempted to leave Townsend physically blocked her exit with his body and arms. The employee asked Townsend three times to allow her to pass. Finally she walked under his outstretched arm and left. Wright said “The employee had every reason to believe discipline would come out of this meeting with Townsend. He was extremely upset with her over his own error.”

According to Becky Duffield President of AFSCME Local 900, “The second unfair labor practice charge was filed after Judge Townsend disciplined Rebecca Oliver, the Union Steward for the employee in the first unfair labor practice charge. Oliver was issued a written reprimand for not being present at her place of work and failing to discuss with any supervisor her intention to attend a meeting between Judge Townsend and the Court Clerk.”

Duffield went on to say, “Ms. Oliver received a phone call from a co-worker telling her she needed to get up to Judge Townsend’s office. She went to Judge Townsend’s office to find her supervisor and Ms. Campbell and to see what the problem was. When Ms. Oliver arrived at Townsend’s office her supervisor, Eileen Welch, and the employee were waiting to enter Judge Townsend’s office. Ms. Oliver asked the employee and Ms. Welch if they were ready? Ms. Welch made eye contact with her and they entered Judge Townsend’s chambers. Ms. Oliver took that as consent to enter the room and attend the meeting. The employee told Townsend that she did not feel comfortable meeting with him without her representative present. Townsend replied saying, “We don’t need you here please leave.” Following a very brief discussion Ms. Oliver left the office and went back to the break room. This entire event lasted about three (3) minutes.

As stated in the Unfair Labor Practice charge, “Following the May 27, 2003 meeting, Rebecca Oliver wrote two grievances against Judge John G. Townsend - one for violation of Evette Campbell’s Weingarten rights and the other for his unprofessional conduct when he yelled and publicly chastised the employee in front of juror’s and other clerks in the back halls of the courtroom. On June 13, 2003 Union Steward Rebecca Oliver received a Written Reprimand. Ms. Oliver received this Written Reprimand in retaliation for her efforts to represent Evette Campbell during an investigation interview. The written reprimand received by Rebecca Oliver is in direct retaliation for those grievances.”

“Ms. Oliver was clearly attempting to perform her duties as the Union Steward. She came to his office to see what was going on because she had been told she was needed in Townsend’s office. Following a brief conversation, she was instructed to leave and return to work and she did. Her activities performed as Union Steward are protected by the Illinois Labor Relations Act. If an employer is allowed to bully the Union Representatives in this way he will take away the Union Representative’s ability to represent her/his members. Ms. Oliver did nothing wrong. She came to the office to see why she was needed. A member wanted her representation and that member was denied her representation in violation of her Weingarten rights.”

“Ms. Oliver had every right to attend that meeting but Mr. Townsend abused his authority and was called to task for it through the grievance process. So as a result, he trumped up this charge in an attempt to intimidate Ms. Oliver into submission and prevent her from challenging his authority again.” The charge will be investigated by the Illinois State Labor Board and a decision will be made by them if the charge is valid.
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Comments

Maybe A Special Prosecutor Is Needed?
Current rating: 0
17 Jul 2003
It sounds to me like Judge Townsend also engaged in behavior that borders on criminal when he attempted to prevent Ms. Campbell from leaving the room by blocking her with his arms three times. I would call those actions to be unlawful restraint.

Of course, given the political coziness of the Republicans that run Champaign County's justice [sic] system, an special prosecutor would be needed to examine this incident, because State's Attorney John Piland's office would have a definite conflict of interest in investigating this itself.
Can A Worker Get Fair Treatment From Such A Judge?
Current rating: 0
17 Jul 2003
If a judge treats his own workers with such ciontempt, can any worker appearing before his bench expect fair treatment?
Re: AFSCME Council 31 Files Unfair Labor Practice Charges Against Judge John Townsend.
Current rating: 1
17 Jul 2003
Please try to get names right. The local judge is Jeff, not John
Re: AFSCME Council 31 Files Unfair Labor Practice Charges Against Judge J.G. Townsend.
Current rating: 0
08 Aug 2003
No, Judge Townsend's first name is John. Judge Ford's first name is Jeff. After working with both at the courthouse, I know, believe me.