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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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