Staff writer

OAKLAND CITY-The board of works responded Tuesday to two grievances recently filed by a city employee by disagreeing with him on one issue and agreeing with him on the other.

In his first grievance, Brent Shurig, relief plant operator, alleged that the city should pay him the salary stipulated under contract for a plant operator, even when he was not at either the water or wastewater plants. Shurig contended that the job description for the relief plant operator required a number of duties that would have to be performed - some outside of the plant.

But under the terms of the contract negotiated by the city and the Teamsters Union, a plant relief operator is only entitled to the same salary as a plant operator when he or she is working at the plant.

Under the current contract, a plant relief operator is paid a rate $14.95 per hour, while a laborer makes $13.52 per hour.

Mayor Hugh Wirth said that after meeting with union representatives and the operators of the city's water and wastewater plants, he had decided that the city would continue to only pay Shurig a plant operator's salary when he works at either plant.

Shurig would be paid the laborer's rate when he is performing duties outside of the plant.

But Board Member Jerry Richardson said posting the position to include additional duties outside the plant left the salary question vague and could lead a relief operator to believe he is entitled to an operator's salary regardless of what duties they are performing.

&#8220That's the way it looks like to me, the way it's written," Richardson said.

&#8220The contract says a plant relief operator will only get paid a plant operator's salary when he is at the plant," replied Wirth. &#8220It's cut and dry."

City Attorney Bob Kinkle said the city and Shurig would have to obey the wording of the contract, as it was negotiated. But he added that a relief operator would receive an operator's salary, regardless of what duties they perform at a plant.

Wastewater Plant Operator Chuck Krieg said if that was the case, then the city would owe many city employees money for maintenance and other work performed outside of the plant.

But Kinkle said because of the job classification and the wording of the contract, laborers get laborer wages no matter where they work and relief plant operators get operator wages when they're at the plant.

&#8220I don't think it's right if I'm in the plant doing tests and running things, that I should get the same pay as the guy who's outside mowing the lawn," Krieg said.

Kinkle said that despite Krieg's displeasure, that is the way the contract was negotiated and everyone would have to abide by it.

&#8220Whether it's fair or not, we're not here to decide that," he said.

Wirth said the contention about the salaries may have sprung because Shurig agreed to be a two-tiered employee - a laborer and a relief operator.

&#8220It's never come to this level. Nobody ever pushed it," he said.

Asking for a vote on the first grievance, the mayor also expressed his weariness with the entire issue.

&#8220I'm getting somewhat fatigued dealing with this issue," he said.

The board voted 2-1 to only pay Shurig an operator's salary only when he works at the plant. Wirth and Board Member Bill Battram voted for the motion, with Richardson voting against it.

In a less contentious discussion, the board also addressed Shurig's other grievance, in which he asked for pay he claimed the city owed him from the time he began training at the plants to obtain his operator's license. Shurig requested backpay in the amount of $1,158.58 from when he signed the contract with the city for the relief operator position on June 28, 2005 to the present.

Shurig alleged that during that time he had worked a total of 1,557 work hours at the plants.

Battram said that according to the way the contract reads, he thought the city should give Shurig the backpay for the hours he had been training and made a motion to do so.

Although Wirth said Shurig should be entitled to the backpay under the letter of the contract, it had never before been interpreted that way.

Kinkle said the decision to give Shurig the backpay was up to the board, but reminded members that under the contract the relief operator gets paid operator wages when he's at the plant.

The board approved granting Shurig the backup pay.

After the board had made its decision on the two grievances, Shurig said he was further concerned that he would still get paid laborer wages even after he earns his plant operator license.

But Kinkle told him again that he would have to adhere to the pay he is entitled to under the contract.

&#8220You're wanting to rewrite the contract. All we can do is go by the language we agreed to," he said.

Richardson said the city should re-examine the way job postings are written to avoid future confusion on anyone's part.

While the mayor said he agreed with that, he reiterated his opposition to paying a person in training the same salary as a plant operator.

&#8220We're basically paying someone who's an apprentice the same as a plant operator," Wirth said. &#8220That's not fair."