Per the ratified 2014 – 2017 APA Wage and Health Care Agreement, union members are slated to receive an additional lump sum payment in their January 2014 and January 2015 paychecks.
After being notified by the University that they knowingly and unilaterally intended to violate the mutually ratified 2014 – 2017 APA Wage and Health Care Agreement, the APA immediately notified the membership on January 15 via the APA ListServ.
Specifically, the University informed the APA that they planned to issue partial payment in member’s January paycheck. Specifically, they indicated that members would be issued a gross, lump sum payment of $1,042.43, subject to taxes, deductions, and any other garnishments.
Per the ratified contract, payment shall be issued in full for 100% full-time equivalent (FTE) status employees as of January 1, 2014 and reduced on a proportional basis for part-time employees.
Challenging the ratified agreement, an MSU retiree filed a lawsuit asserting he should be included in the payment. As members should recall, the ratified agreement only applies the benefit for current APA members.
In a disappointing response, the University chose to file a legal maneuver with the local court called an interpleader claim. The function of University’s filing with the local court means the University reduced the total aggregate amount that was negotiated and ratified for a payment disbursement in member’s January paycheck. That money the University has concluded as in dispute has now been left to the court to determine who has the legal right and interest to those funds.
The APA expressed a great deal of disappointment with the University’s response to our mutual and legally ratified agreement. We believe the union will prevail in this lawsuit and we are confident that the total amount negotiated in our ratified wage and health agreement must be provided to current union members.
In an effort to enforce our contract as ratified, the Michigan Education Association is providing full assistance and using all legal means necessary to ensure the APA Wage and Health Care Agreement is enforced as ratified by the APA membership and the University.
Again, members should receive a gross payment in their January paycheck of $1,042.43 subject to taxes, deductions and any other garnishments. The APA will continue to keep members informed of any developments.