Claim - Suit Teamsters v CityIN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
TEAMSTERS LOCAL UNION NO. 421,
Plaintiff,
V.
CITY OF DUBUQUE,
Defendant.
Case No.
EQUITY
ORIGINAL NOTICE
TO THE ABOVE-NAMED DEFENDAI~T:
You are notified that a petition has been filed in the office
of the clerk of this court naming you as the defendant in this
action. A copy of the petition (and any documents with with it) is
attached to this notice. The attorney for the plaintiff is Scott
D. Soldon of PREVIANT, GOLDBERG, UELMEN, GRATZ, MILLER & BRUEGGEMAN, S.C.,
whose address is 1555 North RiverCenter Drive, #202, Milwaukee, WI
53212. That attorney's telephone number is (414) 271-4500;
facsimile number (414) 271-6308.
You must serve a motion or answer within twenty (20) days
after service of this. original notice upon you and, within a
reasonable time thereafter, file your motion or answer with the
Clerk of Court for Dubuque County, at the county courthouse in
Pa~e ~ of 2
Dubuque, Iowa. If you do not, judgment by default may be rendered
against you for the relief demanded in the petition.
If you require the assistance of auxiliary aids or services to
participate in court because of a disability,
district ADA coordinator at (319) 589-4433.
impaired,
immediately call your
If you are hearing
call Relay Iowa TTY at (800) 735-2942.
CLERK OF C~URT-~
Dubuque County Courthouse
Dubuque, iowa
Page 2 of 2
IN THE IOWA DISTRICT COURT
FOR DUBUQUE COUNTY
TEAMSTERS LOCAL UNION NO.
Complainant,
vo
CITY OF DUBUQUE
Respondent.
421
Case No.
COMPLAINT TO COMPEL
ARBITRATION
COMES NOW TEAMSTERS LOCAL UNION NO. 421, by its attorneys,
Scott D. Soldon and Andrea F. Hoeschen of Previant, Goldberg,
Uelmen, Gratz, Miller and B~leggeman, S.C., and pursuant to Iowa
Code Sections 20.,17(5) and 20.23, alleges and in support thereof
states as follows:
1. Teamsters
representative within the meaning of Iowa Code § 20.3(4),
exclusive collective bargaining representative for
Local Union No. 421, ("Union"), an employee
is the
certain
employees of the City of Dubuque. The Union's office is located at
195 E. 14th Street, Dubuque, Iowa, ~2001, (319) 583-9149.
2. The City of Dubuque, ("City"), a public employer within
the meaning of § 20.3(11), is located at 700 Locust Street,
Dubuque, Iowa, 52001-6824.
3. The City and the Union are parties to a collective
bargainin9 agreement ("Agreement") effective July 1, 1999 through
June
30, 2001. A copy of the A~reement is attached as Exhibit A.
4. Article 30 of the A~reement defines a 9rievance as:
a dispute or disagreement raised by an employee against
the City involvin9 the interpretation or application of
specific provisions of this Agreement, except any matter
9overnedby Iowa Civil Service Law (Chapter 400, Code of
Iowa) shall not be considered a 9rievance and subject to
the 9rievance procedure . Any action or claim which
is within the jurisdiction of the Civil Service
Commission to decide must be brought under Iowa Civil
Service Law.
5. One of the Agreement's provisions is Article XVIII,
titled "Job Posting" which establishes a
postin9 and fillin9 open positions.
6. On or about April 26, 2000,
detailed procedure for
the City informed the Union
that it intended to create a new full-time parkin9 division laborer
position, and fill the position without the use of the postin9
procedures in the Agreement. The City did in fact create and fill
the position on July 1,. 2000, without postin9 it.
7. In accordance with Article XXX of the Agreement, on June
29, 2000, the Union filed a 9rievance protestin9 the City's refusal
to post the new full-time parkin9 division laborer position. A
copy of the 9rievance is attached hereto as Exhibit B.
2
8. The City denied the Union's grievance. The parties moved
the matter through the grievance procedure, selected Arbitrator
Jonathon Dworkin to hear the matter, and scheduled the matter for
arbitration on May 24, 2001.
9. On May 4, 2001, the City informed the Union that it would
not participate in the arbitration. A copy of the City's written
refusal to arbitrate is attached as Exhibit C.
10. In its May 4, 2001 letter, the City maintained that the
appropriate forum for the Union's grievance is Iowa District Court;
The City did not suggest that the civil Service Commission had
jurisdiction over the Union's grievance.
The City has violated
11.
arbitrate
20. l? (5)
the Union's
and 20.23.
grievance,
the Agreement by refusing to
in violation of Iowa Code §~
paragraphs one through eleven.
13. On July 1, 2000, the city filled the new full-time
laborer position with an employee who was not on the civil service
eligibility list for a laborer position.
14. If the new full-time parking laborer position were
governed by Iowa Civil Service Law, the city's refusal to fill the
COUNT II
12. The Union realleges and incorporates by reference
position with an employee on the civil service eligibility list
would be a violation of Iowa Code §400.9.
WHEREFORE, the Union moves the Court:
1. For an order directing the City to proceed without delay
in arbitrating the Union's grievance in the manner provided for in
the parties' collective bargaining agreement;
2. In the alternative, for an order directing the City to
fill the new full-time parking laborer position with an employee
from the civil service laborer eligibility list, in accordance with
Iowa Code §400.9;
3. For reasonable costs and attorney fees; and
4. Such other and further relief as the Court may deem just
and proper.
Dated at Milwaukee, Wisconsin, this
July, 2001. ~
PREVIANT, GOLDBERG, UELMEN,
GRATZ-, MILLER & BRUEGGEMAN s.c.
1555 N. RiverCenter Dr., Ste. 202
P. O. Box 12993
Milwaukee, WI 53212
414/271-4500
Fax No. 414/271-6308
ATTORNEYS FOR TEAMSTERS LOCAL 421
4
5