MADISON, Wis. - With final briefs in hand, Madison Equal Opportunities Commission Hearing Officer Clifford Blackwell must now decide whether former CUNA SVP Mike Miller was an "immature" and "disgruntled" employee who lashed out at his new boss after being denied a promotion, or the target of retaliation for complaints against two senior employees for alleged racist, homophobic and sexist comments.
In their 50-page brief, CUNA attorneys maintained that Miller was dismissed based on a "plethora of incidents reflecting Miller's disloyalty to CUNA and patent refusal to work with (COO John Franklin)."
CUNA called Miller's testimony "the world according to Miller, with no relation to either the facts or the legal standard necessary to prove his claim."
Miller's attorneys filed a 32-page brief that documents testimony describing how Miller was given "no substantive reason" for his abrupt termination, Sept. 9, 2004, but was "affirmatively assured" that it had nothing to do with job performance.
"Miller committed the unpardonable sin of taking CUNA's anti-discrimination and ethics policy," the Miller brief stated. "He followed the procedures for reporting violations of CUNA's discrimination and ethics policies to a tee."
MEOC Hearing Officer Clifford Blackwell told The Credit Union Journal that he would postpone reviewing the documents until after the holidays.
The record-setting, 15-day trial was heard after Miller claimed that he was fired by CUNA after complaining that Madison Chief Operating Officer John Franklin had used racist, and/or homophobic language during a staff meeting and Madison Vice President Dean Archer demonstrated sexist and bullying behavior.
CUNA alleges that both men were properly disciplined.
