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Appellate court reverses trial court in union labor dispute

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The Indiana Court of Appeals has reversed a trial court that had determined an arbitrator exceeded his powers when he found in favor of a labor union.

In Ayanna Wright and American Federation of State, County, and Municipal Employees, Council 62, Local 4009, AFL-CIO v. City of Gary, Indiana, No. 45A04-1107-PL-362, an arbitrator found that Ayanna Wright was entitled to “bump into” a job held by someone with less seniority when her job was eliminated, per terms of a collective bargaining agreement.  

The City of Gary and the American Federation of State, County, and Municipal Employees, Council 62, Local 4009, had a CBA that allowed this “bumping” procedure. Wright was a city employee and president of the Local 4009 when she was informed in 2008 that her job was being eliminated due to budgetary concerns. She elected to “bump into” an administrative assistant job held by Pamela Oliver. Oliver was an administrative assistant for the Gary Fire Civil Service Commission.

But according to Gary City Ordinance 6243, the CBA does not cover employees who have unrestricted access to confidential personnel files, as Oliver did.

Wright applied for Oliver’s job and was determined to be qualified, but a human resources manager said the city would not hire her for that job, based on ordinance 6243. Wright filed a grievance through the union, and the city and union entered arbitration, per terms of the CBA.

At the evidentiary hearing before the arbitrator, the city claimed for the first time that Oliver’s hire date was earlier than Wright’s, and the attorney for the GFCSC cited Gary City Ordinance 5882, which allows it to select its own administrative assistant.

The COA wrote that the arbitrator’s findings that the GFCSC’s administrative assistant position was covered by the CBA and that Wright had greater seniority for bumping were a proper exercise of his powers, and he did not exceed his powers by ordering Wright to be placed in Oliver’s position. “The trial court essentially conducted an improper de novo review and erred by concluding that Arbitrator Archer exceeded his powers merely because he did not reach the same conclusion as the trial court,” the appellate court wrote in its opinion.

Judge Cale Bradford dissented, writing, “In my view, the City can challenge the underlying CBA on appeal just like any other contract, and if it runs afoul of Ordinance 5882, we should refuse to enforce it to that extent.”


 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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