A pair of impressive arbitration wins against the City of Manchester, NH has led to the promotion of two AFSCME Council 93 members and a combined total of 33 months in back wages.

Thanks to the hard work and high quality representation of their union, Local 298 members Walter Madej and William Cote have both been promoted to supervisory positions in the city. Madej will take on the job of highway supervisor in the department of public works while Cote will serve as a shift supervisor at the wastewater treatment plant.

The decisions, handed down last month by arbitrator James S. Cooper, reaffirm the strength of seniority language in collective bargaining agreements and send a strong message to management officials who may try to bypass the seniority process.

The cases started in the summer of 2015 when the vacant positions were first posted. Cote and Madej were among a number of applicants for the positions and both possessed the skills and experience needed to perform the job. But the pair also had something else that no other candidate could claim – seniority. Despite the fact that both Cote and Madej had skills and experience equal to or better than the other applicants and despite clear seniority language in the contract, the city opted to give the promotions to two other candidates. Grievances were subsequently filed by AFSCME and after more than a year, both matters were placed before independent arbitrator James S. Cooper for a binding decision in accordance with the contract.

After hearing the arguments and viewing evidence presented by both sides at hearings in January, Cooper ruled in favor of the union and ordered the immediate promotion of Cote and Madej. He also directed the city to make both workers "whole for loss of pay and benefits retroactive to the date of the grievance." Madej will receive 15 months of the difference between his current pay and the promotional level pay. Cote will be compensated for 18 months of the difference in pay.

In his written decision Cooper sharply criticized management for their actions calling the system used to deny Madej the promotion "a façade of objectivity designed to provide the department a basis for promoting the department's favored candidate." But Cooper's strongest language came at the end of the Madej decision which read, "perhaps someday, (the other candidate) will enjoy the application of this standard when he has seniority and ability to perform the job and some hot shot new employee tries to edge him out of a promotion. Seniority means something and in this case, it means Walter Madej should have been promoted."

The arbitrator's decision translates into a well-deserved pay day for Madej and Cote but the cost doesn't stop there for the Administration of Manchester Mayor Ted Gatsas. Due to language in the contract stipulating the loser in arbitration pays the full cost of the arbitrator's services, the Gatsas Administration is also responsible for nearly $13,000 in arbitration costs.