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Arbitrator says YSU must give back-pay



Published: Fri, October 1, 2010 @ 12:04 a.m.

By Denise Dick

By DENISE DICK

denise_dick@vindy.com

youngstowN

Youngstown State University must give back-pay to 60 members of its Association of Classified Employees who it improperly converted to a different pay schedule, according to an arbitrator’s opinion.

“What the employer did was isolate the lower-seniority employees’ pay rates, hoping that the union would not aggressively pursue vindication of the rights of a small minority,” arbitrator Stanley T. Dobry of Warren, Mich., wrote in his Sept. 28 opinion. “Management came up with a unique plan to exploit the perceived holes in the language. However, these very holes were items which the union had carefully tried to avoid.”

The binding decision affects employees hired between Aug. 16, 2005, and Aug. 16, 2008. The university “unilaterally” took action, converting the employees, placing them in Step One of the pay scale rather than in the step for their “achieved status, initial probation or completed probation,” the opinion says. It affected the employees who had completed their initial probation, resulting in “an inequity in the newly negotiated salary schedule.”

Ron Cole, YSU spokesman, said the university will abide by the arbitrator’s decision. “It’s a matter of doing those calculations and getting those payments out to folks,” he said.

Some, if not all of those employees, will get a pay adjustment, Cole said. “We’re just now looking at what the total cost of all of it is.” Christine Domhoff, ACE’s grievance chairwoman, said the opinion is fair and reasoned.

“Like it says, both sides had the opportunity to present their side,” she said.

Domhoff said the grievance was filed in November 2008 after other attempts to resolve the dispute failed.

The union contended that the two sides agreed to a single new indexed salary schedule to replace three very different pay and longevity schedules.

The university didn’t call its chief negotiator nor any members of its negotiating team as witnesses.

The union argued that Craig Bickley, the university’s former chief human resources officer, “unilaterally” changed the conversion method after the contract was approved by both sides. It was changed because “Mr. Bickley simply asserted it ‘cost too much,’” the union said, according to the decision.

Bickley resigned in January 2009 after being put on administrative leave the previous month following an investigation into concerns raised about the three-year ACE contract for which Bickley had served as the chief university negotiator.

That agreement included a job reclassification that raised the salary of one employee, Ivan Maldonado, former ACE union president, by $21,000 a year. Maldonado, the union’s only witness in the arbitration hearing, was fired and faces criminal charges. He is appealing the termination.

The university argued that it implemented the conversion process consistent with its position during negotiations and during committee meetings.

“The union had the burden of proof,” YSU contended. “It utterly failed in its attempt and provided uncorroborated and obviously biased testimony of the local union president. This was all in a vain attempt to disregard and modify the solemn written promises and to undo the carefully balanced mutual concessions” in the labor agreement.

YSU contended that there is no language supporting the union’s claim. The union, however, argued that’s because both sides had agreed, so it wasn’t addressed in the agreement.

The arbitrator agreed with the union.

“This was never proposed, precisely because the employer skillfully assured the union that there was a mutual understanding and no need to discuss the matter further, and that the matter would be resolved,” the arbitrator wrote.

The university had the opportunity to produce any of its negotiation team members or their chief negotiator for the collective bargaining agreement, but instead produced witnesses who had neither negotiated the agreement nor reviewed implementation of its language, Dobry wrote.

“The university’s intent is clear that there was no plan to implement the contract they had just negotiated with the union,” he said.


Comments

1crlbk1052(99 comments)posted 3 years, 9 months ago

Isn't it interesting that this is the second consecutive Federal Arbitrator that has ruled against the University. The first one stated that the University witnesses were unequivical at best and that this Arbitrator characterized the University as less than honorable individuals. “The university’s intent is clear that there was no plan to implement the contract they had just negotiated with the union,” & “Management came up with a unique plan to exploit the perceived holes in the language. However, these very holes were items which the union had carefully tried to avoid.” It speaks to the University's Administrators integrity and the Board of Trustees, or I should say lack of integrity and honesty. This is just a malicious attack that needs to be stopped. The university should quit trying to buffalo the public when they try to continue to tarnish the public's opinion about that union on campus! They should stop wasting the students and taxpayers dollars and fix the parking deck.

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2cscampbell(4 comments)posted 3 years, 9 months ago

It's not the entire university that is intractable, many offices are honest, competent and enthusiastic about their work. Payroll, however, has problems. There recently have been employees who were overpaid and rather callously told to pay back what they were overpaid without even an apology. Jeez, buy them season tickets to the football games or something - let them know you're sorry...at the very least.

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3crlbk1052(99 comments)posted 3 years, 9 months ago

That university wastes millions of dollars in litigation. why not just live up to your signed agreements. Fighting for nothing is really about them wanting to bash the little guy and TRY to bamboozle the public into thinking unions are bad.

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4bartender123(27 comments)posted 3 years, 9 months ago

This Administration is no different than the last one.

All they want to do is fight with the Unions.

They need to focus on the Student needs; Parking Deck, Reduce Parking Fees, Clean bathrooms, bigger discounts at the YSU Bookstore for books etc.

This stuff is getting old!

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5summerwine(1 comment)posted 3 years, 9 months ago

Some of the YSU HR staff are highly competent and really care about what they do and the people they serve. However, others are utterly incompetent morons who are lazy and incredibly greedy. It's mind-boggling.

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6bartender123(27 comments)posted 3 years, 9 months ago

Hot off the press. Dr. Nancy White faculty Union President, resigned Wednesday due to some back door deals with the University Administration. I stated this in a previous post, I am glad that some of my professors woke up. This Administration is questionable at best. Let's remember the Star Wars Trilogy that the Jambar did in 2005, more of the same.

What a way to start the Dr. Anderson era.

I love my job, good tips and tips.

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7dancinmoses(66 comments)posted 3 years, 9 months ago

cscampbell: I would think that there are people over the payroll dept., I say it's management that makes these errors, not the little guy being told to do the work.....Let's face it, those who are in power think they are above the law and do things their way.....just like in this instance, trying to pull a fast one on the little guy. When will the community see that there are some very corrupt people running this state institution and getting away, at least for now, with being EVIL.

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8ChangesNeededNow(16 comments)posted 3 years, 9 months ago

Most of you say you are outsiders looking in. Don't believe everything you hear because you're not getting the whole picture. See there's good & bad on both sides. Union isn't all bad and administration isn't evil. Truth is there were greedy and self serving individuals on both sides and university is paying a heavy price for their unethical behavior. Good news is there are now good people on both sides who genuinely want to work together in an ethical way to actually make things better. Let's get behind them and help them succeed.

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9dancinmoses(66 comments)posted 3 years, 9 months ago

What? I can't believe your comment, good on both sides now? What does now mean? As an outsider, I would say it has slowly been coming out in the news that YSU is WRONG....aren't those SAME people in power now? Yeah, thought they got rid of the problem, former union pres. - who btw WAS not a problem, probably knew too much and they wanted to HUSH him.....I don't know, seems like one shoe has fallen, just wait for the other one to drop!

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10ChangesNeededNow(16 comments)posted 3 years, 9 months ago

Just saying, you're an outsider and not there to see what's going on. I guess you don't know but there are new people in power on both sides, new university pres, new human resource manager, new union pres. These people inherited a big mess from the last bunch and they are trying to sort it out and make things better.

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11bartender123(27 comments)posted 3 years, 9 months ago

ChangesNeededNow:

ACE is going to get a BIG SMACKED DOWN.

OEA is going to get a small smack.

Just read the comments made by the two out spoken Board of Trustee Members, they want to do some PAYBACK!

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12crlbk1052(99 comments)posted 3 years, 9 months ago

ChangesNeededNow, did you do a search on where these NEW HR folks came from? Pretty scarey stuff, may have a new face but it is the SAME old stuff, smack the little guy. Doesn't matter that the little guy is being used AND abused. New union pres? he was there before (obviously you must be too young to know/or care to remember. Look for that pres. to resign according to the back door deals these people think they can get away with. BIG BROTHER is ALWAYS watching!

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