Teamsters win 160 Hours OT for Outsourcing Contract Violation at CSU Channel Islands

Gus Gonzalez, left, facilities worker, and Jesse Padilla, supervising painter, won overtime pay as a result of a Teamsters grievance of a Union contract violation.

Teamsters Local 2010 won a total of 160 hours of overtime pay for three painters at CSU Channel Islands after an independent arbitrator ruled that the employer violated our Union contract. Supervising Painter Jesse Padilla and Facilities Workers Richard Castro and Gus Gonzalez will each receive 53.3 hours of overtime pay. The ruling was a result of a Local 2010 grievance of the CSU hiring an outside company to re-paint the interior of the Grand Salon in summer 2019.

Chief Steward Timothy Allen, a Supervising Building Service Engineer at CSU Channel Islands, says the Teamsters arbitration win is already having an effect on the way facilities projects are handled there.

“This win sets the groundwork for the 15 remaining contracting out grievances we have filed,” Allen said. “Since we received the decision on this grievance, I have seen a total change with management now working with us to make sure they are no longer violating Article 4 of our Union contract. Management is changing its tune and members are getting money in their pockets. That’s Teamsters power.”

The CSU paid an outside painting contractor $45,000 to paint the inside of the Grand Salon, at a cost of $21,000 more than the CSU supervising painter estimated it would take for he and his crew to paint it at the customarily used overtime rates.

In making his decision, the arbitrator determined through testimony of Guy Spevak, Assistant

Manager of Operations, Facility Services for CSU, that Spevak awarded the work to the outside painting contractor even though their bid exceeded the in-house cost and the in-house painters had plenty of time to schedule the work to be done during the preferred dates.

Our Union contract with the CSU does not prohibit CSU from contracting out work. However, as the arbitrator noted, Article 4.3 of our Teamsters Local 2010 collective bargaining agreement “requires that the University ‘shall make every reasonable effort to perform normal Bargaining Unit work in-house’ and enumerates five factors that the University ‘shall consider … before contracting out work.’”

“Congratulations to our stewards and members at CSU Channel Island for this big victory,” said Jason Rabinowitz, Secretary-Treasurer of Teamsters Local 2010. “Teamsters 2010 will keep fighting hard to protect our work.”

Congratulations to Chief Steward Tim Allen, former Chief Steward Michael Middleton, and Teamsters Jesse Padilla, Richard Castro and Gus Gonzalez! Our Union works!

Click here to read Arbitrator Walter F. Daugherty’s complete arbitration opinion and award.

"This opinion backs up what we feel our work is and what we’ve been saying all along. All the CSU wants to look at is the first line in Article 4 that says they have the right to contract out work. They want to ignore the five parameters to keep bargaining unit work in-house and that’s not right."
Drew Scott
Skilled Trades Director & CSU Channel Islands Union Rep
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