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An Oregon judge has rejected an attempt by the elected leader of Oregon's biggest state employees union to collect nearly $110,000 in overtime pay he said he was owed as president of Local 503 of Service Employees International.
In essence, Marion County Circuit Judge Albin Norblad said Joe DiNicola is management, and thereby exempt from overtime.
DiNicola continues to face a recall effort mounted by union members upset that he tried to collect huge overtime payments.
DiNicola has been on leave from his job as a corporate tax auditor at the Department of Revenue since becoming the local's president in 2004. The union has paid his regular salary, plus a $400 monthly stipend, a $245 monthly car allowance and a flexible medical benefit of $140 a month.
DiNicola filed a wage claim with the state after the Local 503 board ruled he was not eligible for overtime. Norblad agreed in a Feb. 21 ruling, saying DiNicola qualifies as a "bona fide executive, managerial, and/or administrative employee" who is exempt from overtime. Neither DiNicola nor his attorney, Kevin Lafky could be reached for comment.
Board member Star Holmberg, one of the supporters of removing DiNicola from his position, said the court action should spur the campaign to collect signatures on a recall petition. She said some union members wanted to see if the courts found merit in his wage claim before considering whether to sign a recall petition.
Jeff Mapes
