ARBITRATOR RULES IN FAVOR OF UPEC

Wednesday, October 10, 2007

Susanville – UPEC received the arbitrator’s decision in the case of United Public Employees of California, Local 792 v. County of Lassen.  UPEC Labor Representative Mike Lyon successfully argued the case on behalf of 210 Lassen County Employees on May 16, 2007 before Arbitrator Catherine Harris.
The Union had initially filed a grievance with Lassen County on May 5, 2006 on behalf of the Lassen County General Unit claiming a violation of Article 12.02 of the Memorandum of Understanding which stated, “The County will pay one hundred per cent (100%) of each represented employees retirement contributions (member contributions) to CalPERS. Additionally, the County agrees to report the employer paid member contributions as PERS eligible earnings effective July 1, 2005.” When in actuality the County, on July 5, 2005, had begun charging each employee 100% of their PERS contribution and then reimbursing approximately 93% of that amount back as salary. The County argued that this case was not substantively arbitrable. In other words they argued that the Union had no right to grieve any issue over wages or benefits. The Arbitrator found for the Union.
The County argued that the issue was not procedurally arbitrable, stating the Union waited over six months until they filed their initial grievance (the time that the Union first learned of any discrepancy with the MOU) and that the Union could not file a class action grievance. The Arbitrator again found for the Union. The Union had the burden of proving a contract violation. Thus, in order to prevail, the Union had to prove by a preponderance of evidence that Lassen County violated Article 12.02 of the MOU. The Arbitrator responded, “Based on the totality of the record, the Arbitrator must conclude that agents of the County who were not presented as witnesses at arbitration agreed to pay 100% of employee retirement contributions, including that portion of employee retirement contributions associated with the reporting of EPMC as special compensation.
The Arbitrator has ordered that Lassen County bear the cost of reporting EPMC as special compensation and to reimburse unit employees for employee contributions deducted from unit employees’ paychecks retroactive to July 7, 2005.
“This is a victory for our member’s. Mike did a great job representing the union in this case. His investigation and persistence left no doubt that UPEC negotiated for the County to pay 100% of our members PERS contribution,” stated UPEC Business Manager Chris Darker.
The County is in the process of calculating the backpay award which a county source said will be mean a six figure amount for the union bargaining unit.  UPEC Business Manager Chris Darker estimated the cost of arbitration in this case will be around $5,000.00.