YSU seeks reversal of personal-leave pay ruling

The ruling could cost the university as much as 1.3 million in back payments.
By HAROLD GWIN
VINDICATOR EDUCATION WRITER
YOUNGSTOWN -- Youngstown State University will ask the common pleas court to overturn a federal arbitration ruling that granted university classified employees additional personal-leave pay.
"Quite simply, there is a principle at stake here," said Ron Chordas, interim executive director of human resources and labor relations. "This ruling ignores the agreed-upon contract between the university and its classified employees."
In a prepared statement Thursday, the university said it will file a motion in Mahoning County Common Pleas Court seeking to overturn the arbiter's decision.
The ruling came in a 2004 grievance case filed by the YSU Association of Classified Employees.
The union and the university had negotiated a contract that called for ACE members to get two personal-leave days each year, but the union later learned that Ohio law provides that full-time state employees are entitled to the equivalent of four days of personal leave credit payments each year.
The university statement said the union contends that its members are entitled to four additional personal days, for a total of six per year.
The union argued, and the arbiter apparently agreed, that the contract and the state statute are two distinct issues. As state employees, ACE members are entitled to that personal leave credit payment in addition to their negotiated personal days, the union said.
University's argument
The university argued before the arbiter that the issue of personal leave was covered in the collective bargaining agreement ratified by the union that limits personal days to two per year, and the contract should take precedence.
However, the arbiter sided with the union, directing that YSU comply with the state statute and making that directive retroactive to 2004.
ACE said that its members are owed a total between 600,000 and 720,000 in back payments.
The union also said that the ruling will be applicable to other YSU employee groups and could raise the university's cost to 1.3 million.
"We have studied the arbitration finding and consulted extensively and believe that the ruling is in error and not supported by the facts or the law," Chordas said. "Furthermore, it may set a dangerous precedent for collective bargaining, not only at YSU, but for other universities and public employers."
"Given the ramifications of this case and the potential cost, it is our fiduciary responsibility to file this appeal," Chordas said. "The university and our students should not be asked to pay the price for what we believe is an erroneous decision."
gwin@vindy.com