Editorials
Lancaster abolishes highway crew chief position
By Lee Chowaniec
May 6, 2008, 10:57

By a 4-1 vote, the Lancaster Town Board approved a resolution that abolishes one position of Working Crew Chief in the Highway Department, effective May 5, 2008 and where the Supervisor of the Town of Lancaster will take the necessary action with the Personnel Officer of the County of Erie to accomplish the abolishment.

On September 18, 2007, in litigation proceedings between the Town of Lancaster and a Class Action Blue Collar Unit Civil Service Employees Union (CSEA)grienance, Job Posting Case No. 06-01, Arbitrator Michael Lewandowski ruled that the appointment to Working Crew Chief referred to in a grievance dated June 29, 2006 was nullified.

It meant that Dan Latello was appointed to a position which rightfully should have gone to the more experienced and qualified John Smith. Mr. Smith was appointed and his time on the job became retroactive to June 29, 2006, when the grievance was filed.

The CSEA once again grieved that Mr. Latello had not been removed from the working crew chief position after the decision was rendered and continued with their grievance and litigation. They sought to have Latello removed from the Working Crew Chief position because, as with the Smith grievance, there are individuals in the department with more longevity and experience.

The CSEA does not recognize Latello’s time as acting Work Crew Chief over this period served as cause for his continuance in the position.

On April 17, 2008 Impartial Arbitrator Michael S. Lewandowski determined that the Town had not complied with the September 18, 2007 Award and that Mr. Latello still occupied a position that was never posted for other Union members; denying them an opportunity to have their seniority and qualifications considered as required by the Agreement.

Award

1. The Town has not complied with the Arbitration Decision OF May 3, 2007 as clarified on September 18, 2007.

2. The Town must remove Mr. Latello from the position of Working Crew Chief within 30 days of the date of this award.

Resident questions hiring

After hearing that this was the third ruling on the matter, Dan Beutler questioned the board on why the Latello hiring took place to begin with. Supervisor Robert Giza responded that (Town) counsel had told the board that it was legal.

Beutler then questioned what the costs to the town were to come to this final determination.

Giza responded that although he had not yet seen the fees of the attorney representing the Town, he did know that the arbitrator received $1,000 for each hearing.

Beutler interjected that when he served on the Depew School Board several years ago, he knew that the attorney representing the Town of Lancaster in the matter, Mr. Jeffrey F. Swiatek of Hodgson and Russ was getting $210.

“I understand he is now getting $227 per hour. How many hours has he put in on this arbitration,” asked Beutler.

Giza: I haven’t seen the costs yet. When I get the information, I’ll make it known. I don’t have any secretes.

Beutler had been informed that each hearing cost the Town a total of $5,000. “Add to this the pay difference between a crew chief and a light equipment operator, about $12,000 per year @ two years, and we’re talking about some significant taxpayer money spent to correct something that should have never happened in the first place.”

Need for four crew chiefs

Although it had not been discussed at last night’s board meeting, is there really a need for a general crew chief and three working crew chiefs and the added expense that comes with the position?

In his award ruling, Arbitrator Lewandowski stated: It is the Town’s decision as to whether it wishes to fill the position I vacated but to the extent that the Town wishes to appoint to the position vacant as a result of this award, it must follow the procedure contained in the Agreement.

The Highway Superintendent once implied that he felt there was no need for a fourth crew chief. Considering that there was a lot of public flap when the hiring took place a few years ago, the town will have its job cut out to justify filling the vacated position.

Is there a need for a Highway Superintendent and four crew chiefs for a department totaling 28 workers?













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