Saturday, July 18, 2009
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Ivan Maldonado
By Harold Gwin
The union chief is facing a misdemeanor-menacing trial in municipal court.
YOUNGSTOWN — A union at Youngstown State University has filed a labor grievance over the firing of its president.
The university fired Ivan Maldonado, 41, of Boardman on July 6, charging him with misfeasance (performing a lawful act in an illegal manner), malfeasance (wrongdoing or misconduct by a public official) and nonfeasance (failure to act) in the performance of his duties as an employee of the payroll office, as well as citing allegations of threats against other university employees.
The Association of Classified Employees union actually filed three grievances related to the case this week, said Helen Trapp, labor-relations consultant for the 400-member union.
She said the first challenges Maldonado’s termination, the second alleges the university failed to follow the terms of the ACE contract in the manner in which it disciplined Maldonado and the third accuses the university of failing to follow the contract by having a supervisor instead of another ACE member do Maldonado’s work while Maldonado was on paid administrative leave.
The bottom line is that the grievances ask for Maldonado’s reinstatement and that the university cease and desist violating the union contract, Trapp said.
The union is awaiting a response from the university, she said.
Maldonado was placed on paid administrative leave in mid-March after another ACE union member, Kay Helscel, filed a complaint with campus police alleging that he threatened her in a March 10 telephone conversation over a letter of agreement between the union and the university being circulated on campus.
The letter was signed last November by Maldonado and Craig Bickley, former YSU chief human resources officer, regarding the position of yet another ACE member.
The city prosecutor subsequently filed a misdemeanor count of menacing against Maldonado, and he faces an Aug. 5 trial date in municipal court.
The university, in its termination letter, also cited a telephone call Maldonado was alleged to have made to another ACE union member, Charlene Yusko, March 11, again in reference to the November letter of agreement.
The university said Maldonado “made physically threatening statements and lewd, indecent or obscene statements” regarding other university employees during that call and vowed to track down those circulating the letter, threatening to do them serious bodily harm.
The university also said Maldonado made “numerous significant errors” in his duties, including failing to follow court-ordered garnishments and certifying false information to the Ohio Public Employees Retirement System.
ACE, which represents clerical, secretarial, maintenance and other employee groups, sees the university’s action as retaliation for Maldonado’s union leadership, Trapp said, pointing out that Maldonado has never had an adverse job evaluation during his 20 years at the university.
gwin@vindy.com