PLATTSBURGH — The City of Plattsburgh and its largest union recently split two decisions in arbitration cases.
The city won the right to utilize a "lock box" system in the Finance Office, and the union prevailed in a case regarding scheduled vacation time.
The victory by the city in the lock-box case marks the first loss ever for Denise Nephew, president of the American Federation of State, County and Municipal Employees union.
"I think the arbitrator missed the whole point, but it is what it is, and we are not going to appeal it," she said.
The city implemented a lock-box system last fall in a move to make the billing process in the Finance Department more efficient. Under the old system, payments were sent directly to the Finance Department on Miller Street, and the clerks would have to manually open and sort them before taking them to the bank for deposit.
That process took a long time and interfered with clerks answering telephones and waiting on customers at the front desk. Sometimes, checks from customers would go weeks without being cashed, prompting angry calls.
RIGHT TO THE BANK
Under the lock-box system, payments go directly to the bank and are deposited immediately. Customers can still send payments to the Miller Street office or bring them in, but about 30 percent choose to utilize the lock box, which means they mail their payments to the bank or make them online.
Nephew said going to the new system amounted to contracting out union work, which must be negotiated in the collective bargaining process. She also said that the new system is not that efficient.
"Our employees have to check about 25 percent of the payments that go into the lock box because the bank can't keep track of them," she said.
"It is not that efficient and shows that contracting out work is not always the best idea."
City Chamberlain Richard Marks said Nephew's claims of the workers having to check 25 percent of the payments is not true.
As an example, he used a recent Monday that saw 407 payments to the lock box. Of those, 56 contained only a check and no payment coupon but did include the account number. Only seven of those, the bank reported to the city, did not have the account number written on the check, meaning they needed special attention.
"Those 7 out of 407 is only 1.7 percent, not 25 percent," Marks said.
"The lock box is much more efficient because it saves time for workers to tend to customers."
In ruling in favor of the city, the arbitrator said the union must pay $1,770.34 for legal services regarding the case, and the city is allowed to continue using the lock box.
'FRIVOLOUS'
Mayor Donald Kasprzak said the case never should have gone to arbitration.
"Denise Nephew continues to cost the taxpayers and her members money to pursue frivolous grievances. In fact, because she refused to include a lock-box agreement during the AFSCME contract negotiations, her members lost the opportunity last March for a contract," he said.
"Because of this arbitration result and the new tax cap, the city simply cannot afford the contract we offered to the membership, which hurts each and every union member. To be proud of that indicates exactly what type of person she truly is. She continues to refuse to support improved services to the public and better working conditions for her members. What kind of person does this?"
'NOT NEGOTIATED'
While the union lost the lock-box case, it won a grievance filed on behalf of Finance Department employee Patti Jerry. That grievance was filed when Marks said that workers can only take vacations hooked onto a holiday twice a year.
The move was made to ensure there was enough staff working to handle customers during busy holiday periods.
Jerry had requested to take vacation time leading into holiday weekends five times last year.
The union argued that Marks's rule was not negotiated.
"No other department has such a rule, and they are all just as busy as Finance," Nephew said.
"We have a collective bargaining agreement, and it has to be adhered to."
The arbitrator's decision says that Marks can no longer determine an arbitrary number of times a vacation can be connected to a holiday.
Marks said that now, no employees will be able to schedule any vacation during holiday weeks this year.
"The decision said we can't arbitrarily decide on allowing them to take vacations with holidays two times, but it said nothing about approving all scheduled and non-scheduled vacations, which we still have the right to do," Marks said.
"So because of this one case, no one will be allowed to take vacation time with a holiday."
UNION WILL GRIEVE
Nephew said the union will file another grievance.
"(Marks) blocked out 76 days over 21 weeks. That's ridiculous," she said. "We don't want to file another grievance, but they leave us no choice. The girls in that office work their tails off, and they don't deserve this. We don't have these problems in other departments."
The mayor said he disagreed with the arbitrator's decision.
"The Patti Jerry case decision is one that is flawed in that it refuses to allow management to schedule employee vacations around holidays as necessary.
"It is laughable that any arbitrator would agree that any employee dictate their vacation schedule at the expense of all the other employees and the public," Kasprzak said.
"The system is certainly broken when this is allowed. Again, this is an indication of what type of people we are dealing with."
The city was forced to pay $2,586.48 in legal fees for that case.
Email Joe LoTemplio at: jlotemplio@pressrepublican.com
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