Ohio University management was not at fault for eliminating custodial positions in the summer of 2007, according to an independent state arbitrator.
The American Federation of State, County and Municipal Employees Local 1699 appealed for the restoration of 21 positions, eight of which resulted in layoffs, and backed pay, arguing their contract states management will avoid layoffs unless there is a lack of work or money. The decision was binding.
Basically
he [the arbitrator] felt like the management rights clause in the contract gave them the right to make hiring and firing decisions and financial decisions said Dave Logan, union chapter president. I was very disappointed. We said all along if he came down on the management right's clause we would be done.
The union is not planning to take the case to the Court of Common Pleas, but will picket if the university cuts any custodial positions, Logan said.
OU and the union each paid $1,650 for the arbitrator, a professor at Capital University Law School in Columbus, said Linda Lonsinger, senior director for Human Resources.
I really wasn't surprised Lonsinger said. I think that whenever you get into an arbitration there is always a risk of the result not being what you anticipate
that's just the nature of things. I believe that this was a pretty strong case for the university
so it really would have been a red herring for it to come out any other way.
Before the arbitrator's decision, Lonsinger ruled last year that OU was not a fault for eliminating the positions because management has the right to lay off employees if it finds there is a lack of funding. The university faced a $2.9 million budget deficit that year. Money was also needed to fund salaries for three police sergeants and an associate vice president for finance, administrators have argued.
Although this was a setback for the union, it is ready to move forward, Logan said.
We'll work with the administration to the best of our ability
he said. We're going to work the same as we did the day before the arbitration and the same after.
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Emilie Schneider
