YOUNGSTOWN STATE YSU, ACE differ over meaning of 'active duty'

By HAROLD GWIN
VINDICATOR EDUCATION WRITER
YOUNGSTOWN -- A dispute between Youngstown State University and its Association of Classified Employees union over what constitutes "active duty" military time could wind up in arbitration.
Credit for active military duty is being included in figuring employee service longevity in the YSU-ACE contract for the first time in a settlement reached in August.
Both sides thought they knew what was meant by the term "active duty," but it turns out their opinions differ. The university says that active duty doesn't include the weekend and two-week annual training periods required of National Guard and military Reserve units.
Different views
ACE says it was the union's intent to have that training time count as active duty time in terms of the new contract.
"That's what we negotiated," said Ivan Maldonado, ACE vice president.
It is the union's position that, when members of the Guard or Reserves are on duty, it is all active duty, he said.
Hugh Chatman, executive director of human resources at YSU, has a different recollection of the negotiations. It was very clear that the service provision would be offered to anyone serving active duty in the U.S. armed forces, he said.
When reservists or Guard members are called to active duty, that time counts toward their longevity at the university, Chatman said. Their training time isn't active duty time, he said, adding that, after negotiations ended, ACE said that Reserve and Guard time spent in training should count too.
Chatman, a retired Air Force lieutenant colonel, said he called the Pentagon and spoke with a representative of the Reserve Affairs office and found that office to be in agreement with the university's position: Active duty is different from regular Reserve time.
Reservists get a Standard Form 180 or a DD-214 document from the Department of Defense which lists active duty time versus Reserve time, he said.
Chatman said he also contacted the Air Reserve base at Vienna to ask the same question and was told that Reserve and Guard training time isn't considered active duty, but is "inactive duty training."
Maldonado said he filed a grievance against the university earlier this month and a hearing on the case has been set for 1:30 p.m. Wednesday before Chatman as head of human resources.
He predicted that Chatman will rule against the union and that it will go to arbitration.
Issue raised
A YSU employee who is also a reservist raised the issue with Chatman in a Nov. 2 e-mail.
David Olekshuk, a system analyst at YSU, questioned why the university isn't supporting the Guard and Reserves in the new contract. The Guard and Reserves make up most of the troops serving overseas, Olekshuk said, noting that his unit is on the list to be deployed within the next year.
"In my opinion, neither you nor this University supports the military," he wrote.
Chatman, in a written e-mail response to Olekshuk, denied that YSU isn't supporting the military and explained his efforts to secure a uniform definition of active duty time.
"The university is not disrespecting our men and women in the armed forces," Chatman told The Vindicator. "We respect them. That's why we agreed to put this into the contract."
gwin@vindy.com