AFSCME takes pay dispute to independent arbitrator
In response to Governor Quinn’s July 1 announcement that he is canceling scheduled pay increases for some 30,000 employees of 14 state agencies, AFSCME is seeking a ruling from an independent arbitrator to enforce the terms of its collective bargaining agreement with the state of Illinois.
The union contends that by rescinding a negotiated pay increase, the Governor has violated its contract.
In January 2010, Edwin Benn served as a mediator to resolve AFSCME grievances and litigation over layoffs threatened by Quinn. The resulting grievance resolution—which provided for tens of millions of dollars in cost-savings, wage deferrals and a voluntary furlough program, as well as a bar against state employee layoffs—gave Benn the authority to resolve disputes regarding its implementation. He retained that jurisdiction under the terms of a subsequent agreement which again modified the wage provisions of the union contract.
Following the AFSCME request, Benn convened a preliminary conference. Today (July 7) he issued a scheduling order directing both the state and union to submit briefs on the matter by July 16. Benn could then rule on the question or schedule a further evidentiary hearing. The arbitrator’s ruling may be appealed in state court.
“By refusing to pay state employees in accordance with the contract, Governor Quinn has violated an agreement that was fairly bargained and legally binding,” AFSCME Council 31 executive director Henry Bayer said. “This is about integrity. What is the value of the governor’s word if he can break it? What is the value of a contract if it can be ignored? Bringing this matter before the arbitrator is our union’s first step in seeing that the contract is upheld and integrity is restored.”
Union attorneys continue to review other legal options. Seeking an arbitrator’s ruling does not preclude AFSCME from filing suit in state or federal court.
“Frontline employees do the real work of state government,” Bayer said. “They care for the disabled, protect children from abuse and neglect, risk their lives in state prisons and provide countless other vital public services in every Illinois community every day. They deserve to be paid fairly, to be treated with respect, and to know that their employer, the governor, will keep his commitments. AFSCME will do everything possible to hold Pat Quinn to his word.”
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