Commission Restrains Arbitration Over Memoradum Placed in Nurse’s Personnel File

Delaware Valley Regional Board of Education and Delaware Valley Regional Education Association

In P.E.R.C. No. 2017-39, the Commission restrained arbitration over an “evaluative memorandum” placed in a nurse’s personnel file that stated that a corrective action plan would be imposed to address the nurse’s “unacceptable conduct.”   The Commission ruled that the memorandum was not cast in punitive language  and could be fairly classified as a subjective evaluation of the grievant’s performance.  The Commission restrained arbitration over another memorandum that “determined that your actions constitute violations of State statutes and Board Policy.  Such conduct shall not be tolerated in the future and will be met with appropriate consequences.”

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