YSU seeks reversal of award

One estimate said the arbitration ruling could cost the university 1.3 million.
By HAROLD GWIN
VINDICATOR EDUCATION WRITER
YOUNGSTOWN -- Youngstown State University has made good on a plan to ask Mahoning County Common Pleas Court to overturn an arbitration ruling granting university classified employees additional personal-leave time.
The university, using outside legal counsel, filed a motion Monday asking the court to vacate the federal arbitration award that came out of a 2004 grievance case filed by the YSU Association of Classified Employees.
The university said in its motion that the arbitrator "exceeded his upowers by ignoring a clear and unambigous provision of the applicable collective bargaining agreement ... and adds requirements that do not exist."
Further, "the award fails to draw its essence from the agreement, as required, and must be vacated," the motion said.
YSU's position is that the amount of personal leave for its classified employees is set in their negotiated contract. That agreement limits personal days to two per year, and the contract should take precedence in this case, the university has argued.
What state law says
After signing that contact, the ACE union learned that Ohio law provides that full-time state employees (which includes its members) are entitled to the equivalent of four days of personal leave credit payments annually.
The union argued, and the arbitrator agreed, that the contract and the state statute are two distinct issues, and the arbitrator directed the university to follow the state law.
YSU says that means ACE employees will get a total of six personal days per year.
The arbitrator's ruling was retroactive to 2004, and ACE estimates that its members are owed a total of 600,000 to 720,000 in back payments.
Further, the union said the ruling would be applicable to other YSU employee groups and could raise the university's cost to 1.3 million in back payments.
The university said in March that it planned to challenge the ruling in common pleas court.
"Given the ramifications of this case and the potential cost, it is our fiduciary responsibility to file this appeal," said Ron Chordas, interim executive director of human resources and labor relations. "The university and our students should not be asked to pay the price for what we believe is an erroneous decision."
gwin@vindy.com