Pay raise case in a legal dodgeball - Capitol Fax.com

* Cook County Judge Richard Billik Jr. ruled last month that an arbitrator that had ruled in favor of AFSCME over Gov. Pat Quinn?s refusal to grant pay raises needed to consider whether the $75 million needed to fund the raises wasn?t appropriated by the General Assembly. According to AFSCME, the arbitrator declined and has kicked the case back to the judge?

Arbitrator Ed Benn has declined a Cook County judge?s remand of the case regarding Gov. Quinn?s refusal to pay negotiated wage increases, stating that the issues involved are beyond the purview of an arbitrator.

In late June, Cook County Circuit Court Judge Richard Billik referred the case regarding Quinn?s refusal to pay negotiated wage increases to Arbitrator Ed Benn for fact-finding. The judge said that he wanted the Quinn Administration to have the opportunity to establish its public policy defense and directed the arbitrator to make a determination regarding the Administration?s claim that there are ?insufficient appropriated funds? to allow payment of the wage increases.

On Monday, July 16 Arbitrator Benn issued a decision in which he declined to accept the case. Benn wrote that unanswered questions in the case are matters of law that must be considered by the court. ?[A]rbitrators interpret collective bargaining agreements and courts interpret statutes, the Constitution and public policy,? he wrote.

Consequently, Benn stated, he is returning the case to Judge Billik.

The arbitrator also underscored the gravity of the state?s claim that it is not bound by a contract should the legislature fail to appropriate what the executive branch deems are sufficient funds. ?[T]his dispute has other ramifications of immense importance beyond this case and impacts the collective bargaining process in this State,? Benn wrote.

Benn had previously determined that Quinn?s pay freeze was a clear violation of the AFSCME collective bargaining agreement and ordered the governor to pay the wage increases. The case has been tied up in court for over a year after the governor refused to comply and instead filed suit to vacate Benn?s award.

In his decision, Benn emphasized the significant previous sacrifices made by state employees to help balance the budget, and Governor Quinn?s failure to keep his end of the agreement. ?The concessions granted by the Union to the State ? in the CSAs [Cost Savings Agreements] amounted to approximately $400,000,000. ? [A]fter accepting the concessions ? the State agreed to pay a 2% wage increase on July 1, 2011 ? and then failed to make that 2% payment to all employees. That is a contract violation as I found.?

* AFSCME?s statement?

Governor Quinn has broken his word to the men and women who provide vital public services, he is directly violating a collective bargaining agreement, and now it is clear that he has provoked a legal challenge to the very bedrock of the collective bargaining rights of workers in Illinois. It is shameful that a governor who pays lip service to the best interests of working people has put in motion this litigious assault on the basic tenets of good labor relations. We shouldn?t have to win a court battle to make the governor respect workers, honor their contract and comply with the law, but we will do whatever it takes to uphold our collective bargaining agreement and protect workers? rights.

Some background here and here.

Source: http://capitolfax.com/2012/07/17/pay-raise-case-in-a-legal-dodgeball/

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