Explanation
Background
This ordinance is submitted to settle the action known as In re: Tomislav Brutovksi, pending before the Franklin County Court of Common Pleas (20-MS-113) and a grievance between the City and Communication Workers of America, Local 4502 (“CWA”) (No. 20-2020) in the amount of one hundred and eighty thousand dollars ($180,000.00) less applicable withholdings, and as otherwise provided for in the settlement agreement.
Tomislav Brutovski was a CWA member employed by the Department of Development as a Rehabilitation Program Coordinator for the City’s Lead Abatement Program, in a “limited” employee position - that is, his continued employment was tied to grant program funding. In December 2017, the Department terminated Mr. Brutovski’s employment due to a lack of grant funding. The CWA grieved that termination and, on October 21, 2019, an arbitrator rejected the City’s position and ordered that Mr. Brutovski be “made whole for lost wages and benefits.”
Mr. Brutovski was briefly reinstated in February 2020, and was paid $170,026.80 in back wages, less required withholdings. Other than back pay, however, the Department and the CWA differed as to their interpretations of “made whole.” The parties therefore engaged a second arbitrator solely to determine what was owed to Mr. Brutovski. On September 1, 2020, the arbitrator issued an award defining the term and necessitating an additional City payment of $59,735.64. The payments to Mr. Brutovski for his first termination totaled $229,762.44.
After Mr. Brutovski’s reinstatement in February 2020, the Department again determined that it lacked grant funding to cover his position and again terminated his employment. The CWA again grieved his termination and that grievance is currently pending. The CWA also disagreed that the Department had fully complied with the previous arbitration awards, and filed an action to confirm and enforce those awards in the Franklin County Court of Common Pleas. ...
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