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Labor Cabinet orders Robertson to pay 21 former employees
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By BETTY COUTANT-Staff Writer
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MOUNT OLIVET - A pay dispute between Robertson County Fiscal Court and three ex-dispatchers was settled recently when court members agreed to pay a portion of back wages the Labor Cabinet said was owed them.
A tentative finding of fact from the Kentucky Labor Cabinet's Division of Employment Standards received by Judge-Executive Bradley Gifford in May was the first he and the court knew about the dispute, Gifford said.
He said he feels betrayed by the people involved in the dispute since they each agreed to the terms of their employment. Some had even submitted proposals seeking less than minimum wage for their services, Gifford said.
"They presented those contracts to us. We didn't go to them. I thought a person was as good as their word," Gifford said.
A complaint was filed by dispatchers Patricia and Robert White and Beverly Adams, who provided emergency dispatch services for the county from their homes.
Another 18 employees classified as either Emergency Medical Technicians or dispatchers were added to the complaint by the cabinet. One of the employees included by the cabinet in the suit was dispatcher and the Republican candidate for judge-executive Wendy Mitchell.
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The cabinet determined the group of 21 employees was owed $38,381.92 in back wages and ordered the fiscal court to make payments.
The cabinet said in its findings the agreement reached between the Whites, Mitchell and the fiscal court had no bearing on the legality of the matter.
"Any agreement between such employee and the employer to work for less than the applicable wage rate shall be no defense to such action," the cabinet said.
"We were originally going to fight it. We talked about it several times in executive session, but we decided to make them an offer," Gifford said.
The decision by the fiscal court was to pay 17 of the employees named in the suit 100 percent of what was owed and four dispatchers who performed their duties from their homes 35 percent of what the cabinet said was owed.
In order for the case to be settled, the four employees, Robert and Patricia White, Beverly Adams and Mitchell, had to agree to accept the reduced rate, Kentucky Labor Cabinet Spokesman Eddie Jacobs said.
"We have a signed agreement," Jacobs said.
The checks have been written and sent to the labor cabinet, which will disperse them to the people involved in the dispute, Gifford said.
The $17,674.10 needed to cover the checks will be borrowed from the road fund and repaid from the general fund, Gifford said.
Mitchell said she was against the suit in the beginning and is still against the labor cabinet's in-volvement in the county's business although she has agreed to take the settlement offered by the fiscal court.
The 18 members included on the list, but not identified as complainants, were satisfied with their pay, Mitchell said, and planned to use the money should it be awarded to help keep the county's beleaguered ambulance service operational.
"When we were stuck on the list of mutual litigants we decided we would take the money if the county has to pay and pool our resources and keep the ambulance service open with it," Mitchell said.
That option is no longer available, however, because the ambulance service has been discontinued in the county.
Dispatch service is now provided by the Kentucky State Police Dry Ridge Post and ambulance service is being provided by Bracken and Nicholas counties.
All the people involved had other careers and were working for the county at a reduced rate because they were dedicated to the service of the county, Mitchell said.
"They liked working here and they liked helping people in the county," Mitchell said.
Those involved in the dispute may not have the option of using the funds to support an ambulance service, but they do have the option of turning the checks back to the labor cabinet, Gifford said.
"They have the option not to accept these checks." |
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