by Maury Koffman, APA President
The APA is proud to have led collective staff union negations that resulted in lump sum bonus payments, each in excess of $1,000, for APA bargaining unit members in January 2014 and January 2015.
As indicated in previous communications, roughly $300 per full-time bargaining unit member was withheld by the University from members’ January 2014 union negotiated lump sum bonus. The issued payment was $1,042.43 but the full payment as initially mutually agreed was $1,371. Through the assistance of the Michigan Education Association as our state affiliate, the APA successfully litigated the case and the lower court ruled in favor of the APA.
However, the third party plaintiff filed an appeal with the Michigan Court of Appeals on October 14.
The APA continues to be actively engaged in the litigation of this case and remains optimistic that the higher court will affirm the lower court’s ruling in our favor, compelling full payment of the remaining amount to those APA members who satisfied the January 2014 eligibility requirements.
In a disappointing unilateral action by the University, MSU unilaterally withheld roughly $100 from each member’s January 2015 lump sum bonus payment under the theory that should the third party plaintiff prevail in his legal appeal regarding the January 2014 lump sum bonus payment, the same impact would apply for the January 2015 payment. The issued payment was $961.81 but the full payment as initially mutually agreed was $1,059.
The APA is proud to have negotiated the lump sum bonus payments members that otherwise would not have been possible without our strong collective bargaining voice. And, while each full-time member has already received more than $2,000 in lump sum bonuses (in addition to notable annual base wage increases) the APA continues to use all necessary and legal avenues to enforce our ratified collective bargaining agreement.
We have already obtained MSU’s agreement that their unilateral violation of the APA contract has resulted in the undistributed lump sum bonus money accruing interest and that the all accrued interest will be included when the remaining lump sum bonus money is distributed to the APA membership.
The APA is pursing legal resolution that could result in roughly $400 being provided to each member who satisfied the eligibility requirements. However, without the collective voice of the union, it is doubtful individual members would expend the tens of thousands of dollars it has cost to bring a legal claim for a maximum return of roughly $400.
It is our strong collective voice through the union that gives us the necessary resources to legally pursue this issue on behalf of every member and ensure that MSU is not permitted to unilaterally violate our collective bargaining agreement. The APA’s position affirms that the University should immediately cease its ongoing unilateral violation of our mutually agreed collective bargaining agreement by issuing payment of the remaining amount from the January 2014 and 2015 lump sum bonus payments.
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