Arbitrator Orders County to Make OPSRP Employer Supplemental Contributions

Arbitrator Janet Gaunt has found in favor the Multnomah County Corrections Deputies Association on a retirement contribution grievance. At issue was whether the County was obligated to make a 6% supplemental contribution for employees hired under the Oregon PERS OSPRP plan. OSPRP is the new plan created by the 2003 legislature to replace PERS as the retirement plan for new hires. Under OSPRP, employers can voluntarily contribute between 1% and 6% percent of employee salary to an employee's Individual Account Program account. This additional employer contribution allows the employer to supplement the meager retirement benefits available to new hires under OSPRP. The County had agreed in 2004 to make this 6% contribution. However, in subsequent years it failed to do so. When a grievance was filed, it argued it never meant to agree to make that contribution and did not understand the contract language. Arbitrator Gaunt held that even if there was a unilateral mistake by the County, such a mistake is no defense. In the face of clear and unambiguous contract language, the County could not alter that language through arbitration.

BHMK Attorney Tom Doyle represented the union in the arbitration of this matter and BHMK attorney Hank Kaplan represented the union in the bargaining of this contract.