Will NorCo Council Reverse Raise They Unanimously Approved?

Chris Spadoni

On April 14, a group of NORCO AFSCME clerical staffers, including Magisterial District Judge (MDJ) employees, were told to pack the next Council meeting because they were all about to get a 4.5% raise above and beyond whatever would be decided in an arbitration of their union contracts. It was a proposal made by the John Brown administration, and it included 17 MDJ staffers already at the top of their scale. The resolution passed unanimously and everyone lived happily ever after. Until the next paycheck. The day before that was issued, the same 17 MDJ employees who had been promised a raise received a fax telling them it wasn't happening. Now, instead of a raise, they have Bethlehem Attorney Chris Spadoni. The Executive wants to rescind that portion of the raise applying to these 17 workers, who are at the top of their pay scale, and is calling the resolution unanimously adopted by Council a scrivener's error.

Under the doctrine of scrivener's error, a mistake in a document ma be corrected by evidence that is clear, convincing and precise. But what is involved here actually goes beyond a mere typo. It appears to have been a unilateral mistake - a good faith error. It also appears that these 17 MDJ employees, along with the union representing them, had nothing to do with this error. It appears to have been one created by the Administration's negligence.

Ken Kraft wants this to go away. 

At yesterday's hearing, Deputy Administrator Cathy Allen stated that the intent was to "bring up the lower paid people." She added that AFSCME union agent Justus James was aware that the "people at the top are to be red circled."

But Ken Kraft disputed Allen's interpretation, noting that the resolution itself refers to recruitment and retention.

Executive John Brown stated it "was never intended that the people at the top of the scale would be getting a 4.5% increase. My apologies to the people who were affected by this." He also argued, along with Mat Benol and Peg Ferraro, that it would create a precedent under which other pay grades would come in and demand increases, too. Benol called it a "slippery slope."

Chris Spadoni, who represents the 17 people he calls "the front line of our justice system," argued that no precedent would be set because those higher pay grades were never a part of the resolution. They aren't on the slope.

Brown indicated that unless Council amends the resolution, he will be forced to litigate the matter.

If he does, my guess is he loses. Neither these workers nor their union induced this mistake, which is the result of the Administration's own lack of due care. It also appears that these workers relied on the Administration's pledge.

"This is a contract that's been reneged on," concluded Bob Werner.

Though this matter was tabled, it is on the agenda for tonight's meeting.