| Judge Rules for Union in AA County Contract Dispute |
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 September 21, 2010 - A ruling by Fifth Circuit Court Associate Judge Philip T.Caroom yesterday found that Anne Arundel County broke its contract with Teamsters Local Union 355 in violation of the Anne Arundel County Charter, and ordered the dispute to arbitration.
The oral decision delivered immediately following a one-hour hearing in Annapolis is a victory for the Union and its 58 Deputy Sheriffs who had been denied 2009 contractual COLA and wage increases after County Executive John Leopold reneged on the Union's contract. The County refused to follow the proper grievance procedure, and the Union filed suit. (Details of the dispute here.)
"We had a contract, and Leopold broke it," said Local 355 President Denis Taylor.
A key component to the judge's decision was the violation of a provision in the Anne Arundel County Charter that governs the responsibilities – and defines the authority – of the County Executive and the County Department of Personnel, as they pertain to contractual agreements.
The County Charter provides that the Department of Personnel, under the authorization of the County Executive's name, has the exclusive right to negotiate a Contractual Agreement, and limits the authority of the County Executive to either accepting or rejecting the Agreement.
County Executive John Leopold did not have the authority to reduce the amount of money in the Union's contract without the approval of the Personnel Board because the County Executive does not have appropriations authority under the County Charter.
"The Charter specifically carves out the fact that the County Executive does not have the authority to change or modify a contract previously agreed to," explained Local 355 business agent Charles Marshall.
"Obviously we're very pleased with the Judge's decision, and look forward to arbitration," said Dan Taylor, also a business agent for the Local.
The County requested a stay of the ruling, pending appeal to the Court of Special Appeals. Judge Caroom denied the request.
The County has the right to appeal within 30 days. Local 355 fully expects the County to exercise that right, which will further delay a final resolution of the dispute.
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