Communist
21st February 2010, 19:36
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Judge orders end to Wayne County's Friday furloughs (http://detnews.com/article/20100219/METRO/2190419)
DARREN A. NICHOLS
The Detroit News
Feb. 19, 2010
Detroit -- An administrative law judge has ordered Wayne County Executive Robert Ficano to end the weekly layoffs of about 700 employees, union officials said today.
The order also calls for Wayne County to reimburse workers for the Fridays they were laid off, according to the ruling by Administrative Law Judge Doyle O'Connor.
"Ficano seems to have an arrogant view in labor matters," said Bruce Miller, an attorney who represented the unions in the case. He added Ficano has consistently been anti-union and has been found guilty of violating rules three times over the last year.
"He may be the county executive, but he is not the king. They should abide by that decision. It is clearly correct and they should stop persecuting their employees."
It is unclear whether Ficano will appeal the ruling. A spokesman did not immediately return a phone call seeking comment.
AFSCME filed a grievance claiming the order was arbitrary. The county faces a $100 million deficit and the furloughs were expected to save $6 million.
Ficano said the only other alternative is to permanently lay off 300 to 500 of the county's 3,800 workers and cut health care benefits. To cut costs, about 500 county workers and most operations moved into the Guardian Building this month, which the county spent $57 million to renovate.
In his decision, O'Connor said he had warned the administration that if it did not give a valid defense, he would grant a ruling in favor of the union without a hearing or other proceedings. A hearing had been set for early March.
"The employer filed a timely response, which asserted legal defenses addressed, but which did not raise any material dispute of fact," O'Connor said.
He further said Ficano could not impose the furloughs because bargaining wasn't completed.
"While an employer is certainly able to unilaterally change conditions of employment after exhausting its bargaining obligations, that has not occurred here," his ruling said. "The parties are in the midst of a formal fact-finding proceeding."
Two union officials jointly filed a recall petition against Ficano on Thursday with the Wayne County Clerk alleging fiscal mismanagement. The organizers cite moves to purchase the Guardian Building, privatizing of services, the issuing of furlough days to county workers and the high number of appointees.
"I always knew it was illegal," said Joyce Ivory, president of American Federation of State, County and Municipal Employees Local 1659 (http://afscmelocal1659.org/), which represents workers in the county clerk's, register of deeds and the treasurer's offices. "He can always appeal. We're just waiting to see if he appeals. We don't know now as of yet what the county's course of action would be. (But) we would like some investigation about all of these appointees."
Ficano ordered the unpaid Friday furloughs beginning Feb. 5 after the unions failed to agree to his call for a 10 percent pay cut. They prompted closure of operations in the clerk's office and the register of deeds, which records all land transactions such as mortgages and liens.
Judge orders end to Wayne County's Friday furloughs (http://detnews.com/article/20100219/METRO/2190419)
DARREN A. NICHOLS
The Detroit News
Feb. 19, 2010
Detroit -- An administrative law judge has ordered Wayne County Executive Robert Ficano to end the weekly layoffs of about 700 employees, union officials said today.
The order also calls for Wayne County to reimburse workers for the Fridays they were laid off, according to the ruling by Administrative Law Judge Doyle O'Connor.
"Ficano seems to have an arrogant view in labor matters," said Bruce Miller, an attorney who represented the unions in the case. He added Ficano has consistently been anti-union and has been found guilty of violating rules three times over the last year.
"He may be the county executive, but he is not the king. They should abide by that decision. It is clearly correct and they should stop persecuting their employees."
It is unclear whether Ficano will appeal the ruling. A spokesman did not immediately return a phone call seeking comment.
AFSCME filed a grievance claiming the order was arbitrary. The county faces a $100 million deficit and the furloughs were expected to save $6 million.
Ficano said the only other alternative is to permanently lay off 300 to 500 of the county's 3,800 workers and cut health care benefits. To cut costs, about 500 county workers and most operations moved into the Guardian Building this month, which the county spent $57 million to renovate.
In his decision, O'Connor said he had warned the administration that if it did not give a valid defense, he would grant a ruling in favor of the union without a hearing or other proceedings. A hearing had been set for early March.
"The employer filed a timely response, which asserted legal defenses addressed, but which did not raise any material dispute of fact," O'Connor said.
He further said Ficano could not impose the furloughs because bargaining wasn't completed.
"While an employer is certainly able to unilaterally change conditions of employment after exhausting its bargaining obligations, that has not occurred here," his ruling said. "The parties are in the midst of a formal fact-finding proceeding."
Two union officials jointly filed a recall petition against Ficano on Thursday with the Wayne County Clerk alleging fiscal mismanagement. The organizers cite moves to purchase the Guardian Building, privatizing of services, the issuing of furlough days to county workers and the high number of appointees.
"I always knew it was illegal," said Joyce Ivory, president of American Federation of State, County and Municipal Employees Local 1659 (http://afscmelocal1659.org/), which represents workers in the county clerk's, register of deeds and the treasurer's offices. "He can always appeal. We're just waiting to see if he appeals. We don't know now as of yet what the county's course of action would be. (But) we would like some investigation about all of these appointees."
Ficano ordered the unpaid Friday furloughs beginning Feb. 5 after the unions failed to agree to his call for a 10 percent pay cut. They prompted closure of operations in the clerk's office and the register of deeds, which records all land transactions such as mortgages and liens.