Friday, April 13, 2001
Rejecting the fact finder's report allowed the union to strike, an official said.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A court order ending a one-day strike by employees of the Mahoning County Child Support Enforcement Agency will be challenged.
Judge Maureen A. Cronin of common pleas court ruled the strike illegal Monday because it violated a no-strike clause in the union's contract. She ordered workers to return to their jobs, which they did Tuesday.
Will file motion: But union officials say they were within their rights to strike and will file a motion to dismiss and dissolve the temporary restraining order.
"It's not up to a judge. It's SERB's call to decide a strike issue like that," said Marcel Trevathan, president of the American Federation of State, County and Municipal Employees Local 3577. He was referring to the State Employment Relations Board.
Eighty members of Local 3577, who are in the third year of a three-year contract, walked out Monday morning in a wage dispute.
County commissioners got a temporary restraining order that day. The union was not represented at the hearing and did not have an opportunity to respond before Judge Cronin ruled.
What the law says: Ohio law allows judges to make rule on TROs without hearing from both sides. If an order is granted, a full hearing must be conducted to determine whether it becomes permanent or is lifted.
In this case, a hearing is set for April 23.
Workers received guaranteed raises of 3 percent in each of the first two years of their contract, and both sides had agreed to reopen wage negotiations for this year.
The union asked for a 5-percent increase plus a $1,000 signing bonus, but commissioners have refused to grant any increases because of a $1.3 million budget deficit at the agency.
When the sides could not agree, the matter went to a fact-finder, who sided with commissioners, saying there is no money available for raises. The union membership rejected the fact-finder's report.
Trevathan said that under Ohio law, a union has the right to strike once either side rejects a fact-finder's report.
He said the union does not agree with Judge Cronin's ruling, but will honor it until the matter is resolved.
Talks continue: Meanwhile, talks continued with commissioners Thursday afternoon.
The union says it should receive raises because commissioners have granted raises to other department employees within the past year.
Commissioners have laid off 16 CSEA employees in an attempt to balance the department's budget. None of the laid-off workers was represented by AFSCME.
Commissioners have said they do not want to subsidize the agency with general fund money.