Opinion sought to resolve grievance at NMC

The Northern Marianas College has failed to resolve the grievance filed by an instructor, citing that the concerns raised can only be addressed via a legal opinion that will be issued by the college’s lawyers.

Saipan Tribune learned this Friday following a meeting that took place April 2 between NMC president Dr. Carmen Fernandez and the complainant, attended by other college representatives. It was also attended by the college’s human resource manager.

The grievance, which centers on two questions in the employee’s contract, was filed March 20 at the Office of the President after lower level communications failed to settle the issue.

Based on college policies, a grievance must first be addressed between the employee and immediate supervisor, to the chairperson of the department, to the dean of the college, before it reaches the president’s table.

Senate faculty president Frank Sobolewski, who was among the participants in the April 2 meeting, has confirmed that the grievance has not been settled at this time.

“This meeting was a meeting in order to try to resolve the grievance in accordance with Step C of NMC Administrative Procedure 4360, which is entitled “Employee Grievances not Related to Suspension or Termination,” Sobolewski told Saipan Tribune, adding that the meeting took an hour.

He confirmed that the faculty member who filed the grievance raised two legal questions but he declined to elaborate on the “contract revision.”

Based on the college administrative procedure, the employee may be assisted by a representative of his/her choice. The employee in this case selected the faculty senate president.

When asked about the meeting, Sobolewski said he acted as best as he could as a counsel for the faculty member and felt that he did a very good job in defending the employee.

“At this meeting, I raised two legal issues related to the faculty member’s grievance, and president Fernandez said that she would refer these two legal questions to the NMC legal counsel for their opinion. I do not want to reveal these two questions because I am waiting for the legal counsel’s opinion,” he said, adding that the president’s decision will be based on the legal counsel’s recommendation.

Sobolewski said he felt that Fernandez treated the grievance of the faculty member in a “very fair manner.”

NMC issues two-year teaching contracts to its faculty, with a provision stating that the president has the authority to not renew any employee’s contract with or without cause.

For this reason, the faculty is pushing for indefinite contracts to ensure job security and quality instruction at the college. The proposed indefinite contract has no expiration but would not take away the president’s right to terminate anyone, provided it is for a valid reason and cause. There are 33 instructional faculty at the college who are pushing for the proposal, which has been “killed” many times in the past.

NMC, according to former board member Agnes McPhetres in a recent open letter to the public, noted the high turnover rate of deans and instructors at the college due to current management practices.