Horseplay or sexual harassment: Discipline and due process in the Michigan Department of Corrections

Abstract

Maynard Wiertalla is a Corrections Shift Supervisor 12 (Lieutenant) for the Michigan Department of Corrections DOC). He is accused of sexually harassing a male subordinate, who alleged that Lt. Wiertalla touched him inappropriately more than 300 times over 12 years. The DOC interviewed the subordinate and staff members as part of its investigation, revealing that the inappropriate physical contact took the predominant form of prodding and poking with fingers in the ribs or stomach, or grabbing of the upper thigh or crotch area, often by surprise. Lt. Wiertalla admitted to what was described. Witnesses characterized the physical touching as horseplay rather than sexual harassment. This case explores how the DOC disciplined Lt. Wiertalla and defended its disciplinary action on appeal to the Employment Relations Board of the Michigan Civil Service Commission. The case is useful for raising questions about sexual harassment, authority, grievance procedures, due process and organizational justice.

Get full access to this article

View all access options for this article.

References

Folger

Cropanzano

(1998). Organizational justice and human resource management. Thousand Oaks, Calif.: Sage Publications Inc.

Kearney

R. C.

Mareschal

P. M.

(2014). Labor relations in the public sector (5th ed.). Boca Raton, FL: CRC Press.

State of Michigan, Civil Service Commission . (2002, May 3). Department of corrections v. Maynard F. Wiertalla: Decision . (CSC 2002-029). Retrieved from http://www.michigan.gov/mdcs/0,4614,7-147-6877_24245—,00.html

State of Michigan, Court of Appeals . (2005, December 22). Maynard F. Wiertalla v. Michigan civil service commission and Michigan department of corrections . Retrieved from http://www.michigan.gov/mdcs/0,4614,7-147-6877_24245—,00.html

State of Michigan, Department of Civil Service, Employment Relations Board . (2002, March 27). Department of corrections and Maynard F. Wiertalla: Board decision (ERB 2002-024). Retrieved from http://www.michigan.gov/mdcs/0,4614,7-147-6877_24245—,00.html

State of Michigan, Department of Civil Service, Hearings, Employee Relations, and Mediation . (2001, March 22). Maynard F. Wiertalla and department of corrections: Grievance decision (HERM 022-2001). Retrieved from http://www.michigan.gov/mdcs/0,4614,7-147-6877_24245—,00.html

State of Michigan, Ingham County Circuit Court General Trial Division . (2004, March 12). Maynard F. Wiertalla v. Michigan civil service commission and Michigan department of corrections . Retrieved from http://www.michigan.gov/mdcs/0,4614,7-147-6877_24245—,00.html

Weber

(1947). The theory of social and economic organization (A. M. Henderson & T. Parsons, Trans.). Glencoe, IL: The Free Press.