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Union plans to challenge YSU’s firing of its chief
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Ivan Maldonado
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By Harold Gwin
The president of the Association of Classified Employees has been on paid administrative leave for four months.
YOUNGSTOWN — A labor union at Youngstown State University plans to challenge the university’s firing of its president.
YSU notified Ivan Maldonado, 41, of Boardman, of his termination effective July 6, charging him with misfeasance (performing a lawful act in an illegal manner), malfeasance (wrongdoing or misconduct by a public official) and nonfeasance (failure to act) as well as incompetency and neglect of duty in his job as an employee of the payroll department.
The union, the Association of Classified Employees, plans to file a grievance over the termination and fight the university’s decision with every legal action it can, said Helen Trapp, Ohio Education Association’s labor relations consultant for the 400-member ACE union. The union includes clerical, secretarial, maintenance, groundskeeping, graphic artists and other staff. The OEA is the statewide education union.
There was no progressive discipline in Maldonado’s case, Trapp said, claiming that he has had “glowing” job evaluations over his 20 years of service. He’s never had a bad evaluation, nor has he ever been disciplined, she said.
The union sees this as retaliation, Trapp said, characterizing the allegations against him as “minor errors.”
“We’ve all seen this coming. It was just a matter of time,” she said.
The university reported that Maldonado did receive an informal verbal warning related to an alleged threatening telephone call to another university employee in 2007.
Maldonado declined to comment on his termination at the advice of his legal counsel.
In its termination letter, the university said that Maldonado “threatened and menaced” Kay Helscel, another ACE member in a March 10 telephone call relating to a letter of agreement Maldonado had signed last November with the then-chief human resources officer for the university.
The university added that, on March 11, Maldonado “made physically threatening statements and lewd, indecent or obscene statements” referring to other university employees during a telephone call with Charlene Yusko, another ACE employe, again related to that letter of agreement.
In addition, Maldonado made “significant” errors in his job, including failing to follow court-ordered wage garnishments and certifying false information to the Ohio Public Employees Retirement System, according to YSU.
Maldonado, elected president of ACE in 2007, and the university have been openly at odds since shortly after ratification of a new three-year ACE contract last year.
The university said Maldonado had “incorrectly received” a pay increase through a new pay scale included in that contract that raised his annual wage from about $60,000 to more than $81,000.
The university said the pay scale in the contract and ratified by the YSU Board of Trustees wasn’t exactly the same scale it had intended to be part of the agreement.
The university unilaterally cut Maldonado’s pay in December, prompting the ACE union to file breach of contract grievances. His annual wage was $82,613 at that time, according to the university. The university cut it by $21,000.
The situation worsened in March when Maldonado was accused of making the above-mentioned telephone calls related to an issue involving a letter of agreement that he and Craig Bickley, former chief human resources officer for the university, signed regarding the position of Christine Domhoff, former ACE president.
The university put Maldonado on paid administrative leave at that point.
Domhoff was president of the ACE union when, in the midst of negotiations on a new contract, the university terminated her position effective June 30, 2005, saying it was an externally funded post and the money that funded it was no longer available.
Domhoff challenged the university’s action, and, in a May 2006 decision, an arbiter for the Federal Mediation and Conciliation Service ordered her reinstated.
Maldonado is still the union president, said Brenda Scarborough, ACE union vice president.
She noted that he is running for re-election as president this month, challenged by Brian Brennan who served as union president in the late 1990s. He could be elected and serve despite his termination, as long as he has legal recourse to challenge the action.
, Domhoff said.
gwin@vindy.com
Comments
This seems like 2005 again. The administration appears to be anti-union and will stop at nothing to bust the union. The union is there to protect the little guy. When you play by the rules, there is NOT labor unrest. I believe that unions help keep management in line with treating the little people fairly. I think Maldonado knows too much about the operations of the institution and they want him silenced. Whatever happened to the Golden Rule: “Do unto others as you would have them do unto you” ? This union is not the problem, it is how the employees are being treated by those currently in charge. Until the big guys start playing fair, you will ALWAYS need unions to protect your rights.
Protect your rights? In most states, especially in the South, workers have no rights. If the supervisor decides to terminate, the employee is gone, case closed (unless there is a provable case of discrimination). The employee walks out the door with some unemployment and must find another job. Companies don't want to deal with unions anymore, and that is one of the reasons why the South is getting the industry. As a case in point, one of the reasons the new VW plant went to Chattanooga, TN instead of Michigan was because of the union issues. The unions try to protect employees that should be fired anyway. Unions are chasing business away. The way things are going, the only people left in the rust belt states will be retirees and public employees.
Workers have no rights, and this is something to celebrate or aspire to? Treating a worker with respect and realizing that a human being is not simply some piece of a machine to be replaced at will?
There was a time when workers truly had no rights in this country. It wasn't that long ago. Do you like you 8 hour day? Do you like having a weekend? Do you like living in your own house? Do you like making a wage that allows you to be out from under a company's thumb?
Unions are a roadblock to productivity and have no place in today's workplace. There are enough laws in place to protect the worker who is doing a good job. Unions seem to exist to protect the incompetent and those who are out for themselves, bleeding an employer to death.
Actually, having worked in places without union protection, I've seen employees fired for nothing that would amount to just cause.
I'm all for getting rid of bad workers. Believe me...they make unions, or any place of employment, look unprofessional.
Having seen some of what I've seen management do to workers in non-union shops, I'm thankful I work in a union shop.
I agree w/TB, unions don't want bad (poor performance) workers. You need a union when you have management like YSU. You think these jobs are so great, try and step into a union position and they fire you! You become a target and they aim to get you. Just like YSU, first the union president, a woman no less, in 2005 was fired. Now a man with a good record gets fired, couldn't be because he is the current president, right? Union Forever! YSU wants nothing but to BUST the union. They are ANTI-union.
What they did to Christine Domhoff was horrible
Let me respond to some of the comments. I do not belong to a union. Sometimes I have to work longer than an 8 hour day, so I do it. Sometimes I have to go in on the weekends, so I do it. I work hard and I am rewarded accordingly. And I do not have to pay union dues to compensate a greedy union president. One time I was fired simply because the supervisor wanted to replace me with someone he felt was more appropriate, so I took my unemployment and found another job.
Employers need employees as much as employees need a job. Just because there isn't a union doesn't mean employers can treat employees like slaves. If they do that, the employees will leave to find employers who will treat them right.
The pro-union Rust Belt states are dying. Pretty soon there won't be any businesses left for unions to occupy.
Here I am again; one of many ACE Union members that does not support what appears to be a 'crooked' President. I am ashamed to say I am in a Union if this is how we are represented. YSU administration does not have to bust the Union, Christine Domhoff and Ivan Maldonado and their henchmen are doing a great job of it all by themselves. Do your job and you generally don't get fired. First Union job I've had, and I only see the Union supporting the guilty, the lazy, and the whiners. People, life isn't fair, if you get treated unfairly or unjustly, get up and dust yourself off and get another job! At least you'll build character which is more than I can say for ACE Union leadership at YSU.
I agree. There are also three other unions at YSU and you don't here about their leadership in the news or doing the things the ACE union does.
Whatever happened to being innocent until proven guilty? Looks like people just assume that everything they hear or read is true. Why not wait until you have ALL of the facts before judging that a person is "crooked". I do not see a union as supporting only the guilty, lazy and whiners as stated by penguiunswin. I have heard of good things from the ACE leadership, but what gets reported most is the ugly. From reading about YSU's labor troubles these past years, it sure appears that the current administration has it in for their suupport staff and will stop at nothing to continue to torment these people. Could it be they just don't like strong, competent leaders of the union?
penguinswin, in case you were not aware of it, you are not forced to join a union to work at YSU. The administration has been trying to "bust the union" for the past 25 years. YSU has tried to crush not only ACE, but every Union there, You have a good job? Then thank the Union and it's members who have fought for years to get the wage and benefits that you now enjoy.
How well do you know these people that you criticize, or do you base your assumptions on gossip that you hear? I hope that you aren't voicing these same comments on Campus because they border on slander and defamation of character.
You say you do not need the union? that's great then quit. Then couple of years down the road when you get a jacka$$ for a boss that tries every trick in the book to get you fired you are going to wish you had the Union backing you.
BTW, I retired as a 25 year employee from YSU so I do know a little of how the administration works.
I agree with penquinswin. I also feel that if you think working conditions are so bad at YSU, QUIT!! I thank God EVERYDAY for my position here! There is never going to be complete agreement between the administration and the unions, but we should be adults and 'agree to disagree'. I don't believe a union needs a 'bully' as its president. I greatly appreciate all Mr. Maldonado did regarding our health benefits and a few other issues. His research was phenominal. However, I think it has all gone to his head. I also would like to say that not every ACE member is supporting Mr. Maldonado. Hopefully, Mr. Brennan will be our next ACE president and relations with the administration will be on a more positive note. If Mr. Maldonado continues as our president, I would guess the future negotions are going to be VERY ugly. By the way, Mr. Brennan still has his position at YSU, unlike our current ACE president.
Apparently disappointed has been taken care of by the boss or they would not be so quick to judge the current president. It is unfortunate you choose not to support your leadership. If you are such a good judge of the situation, maybe you should have run for the office yourself. This is the problem, anyone can be an armchair quarterback, it takes a real man/woman with character to protect EVERYONE's rights. You people (anti-union) do not get it, anyone that is a strong leader is a target. Just stand back, shoot off your mouth with pointless comments, and run away when things go bad for your leadership. As long as it isn't affecting you, you can turn the other cheek or a deaf ear and ignore the events around you. Easier to hide your head in the sand than to stand up for your fellow union member. The only reason Mr. Brennan still has a position is because is has no courage to stand up for his fellow union member. You think things are great now and you've had strong leadership, just hope the leadership doesn't change cause if it does, you will be crying and wishing you had your strong leader in there - but by then it will be too late.
crlbk1052...You are sadly mistaken thinking I have been taken care of by the 'boss'. The last time I looked there there was no increase in my paycheck. I simply cannot support a 'leader' who is self-serving and who threatens other members of his union. How is this union's leadership protecting the rights of the person our leader threatened? That person pays union dues just like everyone else. I am not running away from a bad situation. This situation was all self-inflicted by Mr. Maldonado. His leadership IS affecting me, which is why I am in support of NEW leadership. Maybe Mr. Maldonado should step down until all of this mess is cleaned up and he is cleared of the charges against him. That would show me that he truly cares about the union. Why should Mr. Brennan or anyone else stand up and support a person who has questionable ethics or lack of thereof? I'm a bit confused by your statement that the only reason Mr. Brennan still has his position is because he has no courage to stand up for his fellow union member. Is this 'fellow union member' Mr. Maldonado? It sounds to me you are insinuating Mr. Brennan would lose his position if he supported this 'fellow union member'. Please clarify.