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YSU union challenges cut in pay to ACE chief

Published: Mon, January 12, 2009 @ 12:22 a.m.

By Harold Gwin

Ivan Maldonado

The classified employee union accuses the university of breach of contract.

YOUNGSTOWN — Youngstown State University has made good on its plan to reduce the pay of the president of its Association of Classified Employees union to bring it in line with a state job classification plan.

The 380-member union has challenged the action with two labor grievances.

ACE had warned that a unilateral change of the contract by the university would result in a quick response from the employee group.

The university reduced the pay grade for Ivan Maldonado, a payroll specialist 2, from a pay grade of 36 to a pay grade of 31 effective with the Jan. 2 payroll, said Christine Domhoff, the union’s interim grievance chairman.

The move cuts $21,000 from Maldonado’s annual salary of $82,613.

The pay period covered by that payroll ran from Dec. 7 to Dec. 20, Domhoff said.

Maldonado had been notified earlier that the cut was coming, and the union filed its two grievances over the issue at the end of December, she said.

Both allege breach of contract on the part of the university, she said, adding that no hearing dates on the dispute have been scheduled.

The first grievance is specifically on Maldonado’s behalf regarding the reduction in pay, and the second is on behalf of the entire union, claiming the university unilaterally changed the contract, Domhoff said.

YSU President David C. Sweet notified the university’s board of trustees in early December that the university intended to recover both the back pay and the increase that it believes Maldonado has incorrectly received since May.

Domhoff said the university has so far just gone after Maldonado’s current pay grade and has made no move to recover funds paid to him earlier.

At issue is a job classification schedule that was made part of the new, three-year union contract negotiated in 2008.

University officials and the board of trustees said it was their intent to have a new schedule implemented that matched an existing state job classification schedule, and that’s what they thought the new contract contained. As it turned out, the new YSU schedule didn’t match the state in every category.

Differences came to light when Maldonado was granted a job reclassification that changed his administrative assistant 3 job to payroll specialist 2.

The state schedule showed the job at a pay grade of 31, but the new YSU schedule showed it at pay grade 36, a difference of $21,000 a year. That was a 36 percent pay increase, the university said. Maldonado’s pay grade as administrative assistant 3 was already a 32, Domhoff said.

The university appears to be going only after Maldonado’s salary although there are 19 other ACE employees who have received job reclassifications under the new contract, some with pay increases similar to that given Maldonado, she said. Some of them jumped five pay grades, she said.

There are a couple of other ACE employees who have been assigned by the university to work “out of classification,” doing jobs rated above their current classification, Domhoff said, noting that they have been given pay increases of more than 50 percent.

gwin@vindy.com


Comments

1 LUMPY72 (62 comments)posted 10 months, 15 days ago

No wonder it is costing me so much money
to send my kid there. Bunch of overpaid monkeys

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2 rae (11 comments)posted 10 months, 15 days ago

It looks like a lot of people were asleep at the switch while Maldonada committed fraud. How can anyone justify paying a payroll clerk $82k a year or even $62k a year. It makes a person wonder who is responsible for hiring incompetent people like Bickley (fired HR chief). Hopefully, YSU has the smarts to get Maldonado out of his current payroll clerk position and into a job that requires him to do work that justifies his pay. Heck, a lot of very capable faculty are not making the kind of money he is getting.

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3 pennyante05 (1 comments)posted 10 months, 15 days ago

As an ACE member, I am not, and many other members of ACE, are also not in agreement with Ivan's pay grade of 36. In fact, we are not happy with spending our union dues to continue dragging out the farce of Ivan being paid more than $82,000 a year.

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4 Westsider (56 comments)posted 10 months, 15 days ago

This who debacle appears to be due to two factors - the most important of which is the fact that the University obviously did not exercise due diligence. As a former member of a YSU negotiating team - an essential part of the process is for both sides to carefully examine the details of the proposals as well as the financial implications. While I am certain that ACE is unhappy with the inequities that resulted from the contract - both the membership as a whole and the Board of Trustees must share the blame for accepting what they were told at face value rather than thoroughly examining just what it was they were accepting.

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5 Westsider (56 comments)posted 10 months, 15 days ago

Sorry - should have said "whole" debacle

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6 bro4600 (3 comments)posted 10 months, 15 days ago

This article makes it look like the union membership is backing our president. Although some people are behind Maldonado, many of us are appalled and dismayed at his actions! As far as I'm concerned, the previous commenter is correct, this was fraud! Calculated, sly and under-handed! As a member of this union, I am ashamed at our leadership's actions.

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7 pol26 (3 comments)posted 10 months, 15 days ago

If the union membership is so appalled and dismayed they should be removing this guy. Or did too many union members receive these huge raises?

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8 penguinswin (14 comments)posted 10 months, 15 days ago

I'm also an ACE union member that smells somthing fishy with the Maldonado deal. I also don't agree that our Union dues should be used for Maldonado's defense. However, the administration is also at fault, targeting just one individual and not reading the contract before voting on it.
Our ACE constitution provides for a review and possible removal of an officer for misconduct; however, the petition to start this process was only signed by approx. 27 members. Many members admitted they were intimidated by union "thugs" (yes, the ole' teamster tactics have invaded the OEA Unions). According to union leadership, all members need to subscribe to unflaging loyalty and are encouraged not to think for ourselves! Bull Puckey! YSU is a closed shop and you must belong to the ACE union once you are employed or pay your "fair share" if you elect to be a non-member (the same amount as union dues). I don't blame the public for being disgusted, but 99% of the ACE employees work hard for YSU and the students - ALL of us are not overpaid monkeys as Lumpy72 indicates. Individual e-mails from union members disgusted about the "Maldonado" deal have flying around campus.

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9 bro4600 (3 comments)posted 10 months, 15 days ago

Actually these raises only benefited a few people. Namely Mr. Maldonado and his "cronies." There is a petition to begin the recall process circulating around campus, but many people are reluctant to sign for fear of being singled out or retaliated against in some way. There are others, I'm sorry to say, that just don't care.

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10 lornadune (3 comments)posted 10 months, 15 days ago

Yes I agree with the commenters except that I think the union members and the Board of Trustees were both "tricked" into believing that they were accepting the State Classification Plan. If the State Classification Plan is altered it is no longer the State Classification Plan but rather the University's own pay plan. Anyone who feels intimidated should immediately contact the YSU Police. Threats and intimidation are against the law!! You think that would be enough to motivate people to sign the petition and put an end to this reign of "terrorism"!!

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11 ysuquin (2 comments)posted 10 months, 15 days ago

I am also an ACE member and I have signed the petition. Others should go together with a group of members and sign if you feel intimadated. I was also afraid but decided to be brave. That is the only way we will not be lumped together as the entire union standing behind something so unethical.

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12 pol26 (3 comments)posted 10 months, 15 days ago

Sounds like this university can't save itself from itself. Maybe it's time for the state to come in and protect the rights of the taxpayer.

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13 disappointed (4 comments)posted 10 months, 15 days ago

Many of my colleagues and myself are very concerned and disappointed in the bad rap that the ACE union as a whole unit is getting. I know there is a large group of ACE members who are questioning the actions and ethics of our union president. If he believes he definitely did nothing wrong, he should be willing to step down until an investigation is completed showing his innocence. I'm not so sure 'innocent' would be the verdict. I do know that I feel extremely fortunate to have my job at YSU and appreciate all that the administration and the Board of Trustees have done to try to bridge the gap that was created between themselves and the ACE union during our previous negotiations. There are claims that the administration is trying to break our union. I am sorry to say that the ACE president and his followers are doing a fine job of breaking our union all by themselves! At this time, we are NOT united in our assessment of this unfortunate situation.

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14 NoBS (370 comments)posted 10 months, 14 days ago

To all the ACE and other YSU union members who think their union should not be grieving Maldonado's treatment, let me just ask you what would happen if you let this go through unchallenged. I'll tell you what COULD happen - the next time the university 'needs' to save money, they'll simply slash YOUR pay rate. You already let them get away with it once, without a whimper. So you must agree that the university can set your own personal pay rate at whatever they want.

THAT's why you challenge YSU's decision to just arbitrarily drop Maldonado's pay rate. It could be you next. And once the door's been opened, it's awful hard to close it again.

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15 bro4600 (3 comments)posted 10 months, 14 days ago

Evidently NoBS is not paying attention to their name! If not for the actions of Mr. Maldonado and our union leadership we would not be in this position! Do not try to confuse the issue here! I'm tired of all the fear tactics and conspiracy theories about the administration. That may have been the case in 2005 but not now. This whole thing is a bunch of BS!

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16 disappointed (4 comments)posted 10 months, 14 days ago

Mr. Maldonado was not singled out. His actions and pay raise were so glaring that he singled himself out. They did not arbitrarily drop his pay. They took it to the appropriate level for his job classification.
In response to po126, to remove Mr. Maldonado as our union president is not as simple as it would seem. We have bylaws and a constitution that must be followed. It is a process that requires cooperation from members not afraid to make a stand. Unfortunately, too many of our members are intimidated by the 'mob' mentality.

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17 pol26 (3 comments)posted 10 months, 14 days ago

If this union can't clean up after itself and vote the mob out, then the next time you all go to the table, YSU should give you all nothing. No pay increases for anyone. That should make up for all the crap from Maldonado and his bullies. Then maybe students and their parents will be able to afford tuition.

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18 cityguy (109 comments)posted 10 months, 13 days ago

It sounds like the guy just wanted to stick it to the administration and now labor/management relations will suffer from his egotistical arrogance. Clearly he should be recalled as union president because he clearly used his position to benefit himself at his members' expense--expect a horrible negotiation next time around.

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19 ysuquin (2 comments)posted 10 months, 13 days ago

Great comment on cityguy - all ACE members should read his comment and take it to heart. We need to show the administration we are not all unethical. let's do what is right and begin the process to have Ivan step down.

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20 whatever (2 comments)posted 10 months, 12 days ago

As an above poster stated, the petition (which starts the process to remove him) has already been started. However, if people will not stand up for what they believe is right, it won't matter. The membership is very upset about this, but if everyone is just going to sit back and expect someone else to step up and save the union, the union might as well just dissolve. Stand up for yourselves people! Think about it...if every person who felt that Ivan should step down would stand up and sign the petition, it would send a strong message to the union leadership. It would also send a message to the administration, letting them know that the members do not approve. Like someone else suggested, go together with a group and sign. A few small groups can quickly become a large group. It's up to you, ACE members. It's sad that people would be afraid of their own elected leadership. Doesn't that right there tell you that something is very wrong here?

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21 ROBERT (42 comments)posted 10 months, 11 days ago

Further info that the YSU administration is totally incompetent. How this bunch can be expected to teach is beyond me.

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22 Rusty_Belt (3 comments)posted 10 months, 9 days ago

What they need is a secret ballot during a special union meeting without the intimidating presence of Mr. Ivan M. From now on the union has no cause to complain when the next big raise to administration is voted on by the trustees. Mr. Ivan , from his lofty position, should have foreseen this public backlash and refrained from dipping his hand so far into the cookie jar.

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23 YSUgrad99 (179 comments)posted 10 months, 8 days ago

Tar and feather him! It worked in past centuries!!!

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24 Ken (110 comments)posted 10 months, 7 days ago

Maybe this has been questioned before...did Mr. Maldonaldo have 20 hours per week off to do Union buiness? If that is true, he was paid his ridiculous amount for only 20 hours of work per week! Wow! And, how many family members did Mr. M get on the YSU payroll?

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