Scranton's police, fire and Department of Public Works unions today filed a lawsuit to overturn Mayor Chris Doherty's unilateral slashing of their salaries to minimum wage.
The unions, International Association of Firefighters Local 60, the Fraternal Order of Police E.B. Jermyn Lodge No. 2, and the International Association of Machinists and Aerospace Workers Local Lodge No. 2305, are seeking an injunction against the mayor to prohibit him from cutting pay to the federal minimum wage of $7.25 an hour.
The unions each have separate contracts with the city, the mayor cannot unilaterally slash pay outside the bounds of contracts and without any negotiations, and his decision is legally unfounded, states the lawsuit filed in Lackawanna County court by the unions' attorney, Thomas Jennings of Philadelphia.
Mr. Doherty responded, "What am I going to pay them with? We don't have the money."
On Wednesday, the mayor dropped a bombshell by announcing he would unilaterally cut the pay of 398 city workers, including his own, to minimum wages indefinitely due to the city's cash crunch crisis.
The city is fast running out of cash and unpaid bills, particularly health-care coverage, are mounting, the mayor said. By paying only minimum wages, starting with the next payday on Friday, the payroll that is paid every two weeks would drop from up to $1.2 million to $300,000, leaving the remaining $700,000 in deferred wages to pay bills, Mr. Doherty had said. Once the crisis is over, employees would be paid back the deferred pay, he has said.
The soonest the unions' lawsuit could be taken up in court likely would be Thursday, in motions court, when hearing dates are typically set. The unions are hoping for an immediate ruling Thursday in the form of a special injunction to prevent the minimum wages from taking effect this week, though they acknowledge such swift court action is probably unlikely.
The lawsuit also claims the unilateral action violates state Act 111 and other labor laws. The suit claims that if the pay cuts stand, they would have a "devastating immediate impact" on workers by creating their inability to feed their families or maintain any semblance of a decent standard of living; pay medical bills and other expenses; pay for child care in some cases, particularly single parents, thus making it impossible for them to work; and pay mortgages, loans and other bills that would destroy their credit ratings.
Copyright 2012 - The Times-Tribune, Scranton, Pa.
McClatchy-Tribune News Service
