July 7, 2010
Hearing Today on AFSCME Temporary Injunction
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Following a hearing that begins at 4 p.m. today, July 7, some Huntington city workers could have their old work schedules restored. Or, Judge Jane Hustead could rule that the compressed work weeks imposed by the Wolfe administration upon certain American Federation of State County and Municipal Employees (AFSCME) are binding on the fifty or so union workers covered in the complaint.
The Wolfe Administration has maintained that they have not agreed to a Memorandum of Understanding with the union that extends benefits under the prior contract. Mayor David Felinton extended in 2008 the previous contract, except for the clause related to health insurance coverage and payment amounts.
Although AFSCME negotiations have been ongoing, neither they nor the police or fire departments have negotiated new contracts with the city.
The complaint filed by the union seeks a permanent court order. That’s not likely to happen on July 7.
As at-large councilman Steve Williams surmised, “My guess is she will grant the injunction until such time as there can be a full hearing on it.” This would leave the previous contract in place pending further litigation.
He quickly added that though he does not agree with the Administration’s decision, they have full executive authority to make the determination. “The administration is within their right to do what they had to do. I don’t agree with what they did, but they had the power to make the decision they made.”
Williams would have instituted “staggered” schedules which would have left City Hall open on Friday.
Council woman Frances Jackson who considers herself “biased” in favor of organized labor, believes that the administration will “have to go by their old contract. I don’t think they can do anything they want to do.”
She freely acknowledges, though, that her labor/management background comes from the private sector and this court complaint relates to public employment.
“[In the public sector], our contract lived on until we got a new one unless we both agreed not to,” Ms. Jackson said. Acknowledging that she has not studied the AFSCME contract, she finds it perplexing that after expiration portions of the contract are followed and others are not.
“David [Felinton] carried it on except for the health insurance,” she said.
But, the decision will be that of Judge Jane Hustead.
“She will go by what she perceives the law to be,” Ms. Jackson said.
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Hearing Today on AFSCME Temporary Injunction
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Following a hearing that begins at 4 p.m. today, July 7, some Huntington city workers could have their old work schedules restored. Or, Judge Jane Hustead could rule that the compressed work weeks imposed by the Wolfe administration upon certain American Federation of State County and Municipal Employees (AFSCME) are binding on the fifty or so union workers covered in the complaint.
The Wolfe Administration has maintained that they have not agreed to a Memorandum of Understanding with the union that extends benefits under the prior contract. Mayor David Felinton extended in 2008 the previous contract, except for the clause related to health insurance coverage and payment amounts.
Although AFSCME negotiations have been ongoing, neither they nor the police or fire departments have negotiated new contracts with the city.
The complaint filed by the union seeks a permanent court order. That’s not likely to happen on July 7.
As at-large councilman Steve Williams surmised, “My guess is she will grant the injunction until such time as there can be a full hearing on it.” This would leave the previous contract in place pending further litigation.
He quickly added that though he does not agree with the Administration’s decision, they have full executive authority to make the determination. “The administration is within their right to do what they had to do. I don’t agree with what they did, but they had the power to make the decision they made.”
Williams would have instituted “staggered” schedules which would have left City Hall open on Friday.
Council woman Frances Jackson who considers herself “biased” in favor of organized labor, believes that the administration will “have to go by their old contract. I don’t think they can do anything they want to do.”
She freely acknowledges, though, that her labor/management background comes from the private sector and this court complaint relates to public employment.
“[In the public sector], our contract lived on until we got a new one unless we both agreed not to,” Ms. Jackson said. Acknowledging that she has not studied the AFSCME contract, she finds it perplexing that after expiration portions of the contract are followed and others are not.
“David [Felinton] carried it on except for the health insurance,” she said.
But, the decision will be that of Judge Jane Hustead.
“She will go by what she perceives the law to be,” Ms. Jackson said.
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