Court to hear raises lawsuit

The treasurer gave raises of 24 percent to 45 percent, the mayor said.
By PEGGY SINKOVICH
and AMANDA C. DAVIS
VINDICATOR TRUMBULL STAFF
WARREN -- An 11th District Court of Appeals ruling means that some employees of the city treasurer's office will get their day in court over a pay raise they were granted in 1996 but never received.
The appeals court reversed a 1999 ruling by Trumbull County Common Pleas Court that had dismissed the employees' lawsuit.
Court officials said the case will go back to Judge Peter Kontos to decide if the union employees should get their pay increase. No hearing date has been set.
"I am very, very pleased with this ruling," Treasurer Patricia Leon Games said.
Chain of events: Leon Games gave five of her employees pay raises in December 1996.
City Auditor Dave Griffing refused to honor the increases. The employees filed a lawsuit.
In 1999, Judge Peter Kontos dismissed the suit, saying the employees should have filed a grievance before filing the court action.
American Federation of State, County and Municipal Employees Local 74 represents Leon Games' employees.
The appeals court said the trial court erred by dismissing the matter. It ruled that AFSCME did not have to file a grievance before taking the matter to court.
"There is no dispute between the city and the union and, accordingly, no need by either side to file a grievance," the ruling states. "The only objections to the agreement came from the city auditor, who is not a party to the contract.
"His decision to deny issuing paychecks in accordance with the agreement is simply not an event that triggers any type of grievance procedure."
No union help: Mayor Hank Angelo said Leon Games negotiated with her employees without help from the union.
Gary Cicero, the city's personnel director, said raises Leon Games gave Dec. 12, 1996, amounted to 24 percent to 45 percent salary increases, which he called outrageous.
A fact finder helping negotiations between the city and AFSCME then recommended a pay increase that was less than what Leon Games gave her employees, Cicero said, and the city and union agreed upon a lesser rate of increase Dec. 31, 1996.
Because another raise was agreed upon, Cicero said he thinks that if the common pleas court finds Leon Games acted appropriately, the city will have to pay the raises in question only for that two- or three-week period.