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Fired Dental School employees
a in evidence battle in court
Wednesday
June 5, 1996
U Judge rules arbitrator's
findings not admissable as
facts in court case
By Sam T. Dudek
Daily Staff Reporter
Three fired Dental School workers won their
latest battle against the University on Friday.
Dawn Mitchell, Delano Isabell and Theresa
Atkins, dubbed the "Dental School Three" by sup-
ters, are suing the University for $1 million
ater being fired in December 1994. The three
claim their firings were racially motivated.
Arbitration hearings in January upheld the
University's dismissal of the employees for
allegedly falsifying timecards.
The arbitrator did not mention racism as a
motive in the firing of the three black employees
by their white supervisor.
One month after they were fired, the University
0ered the three employees new positions with
pay cuts and suspensions. They all rejected the
proposal.
The three were offered jobs with identical pay
after arbitration hearings concluded in 1995.
On Friday, the University lost its attempt to limit
the Dental School's ability to present its case in
their upcoming civil suit by imposing "collateral
estoppel" on conclusions made during arbitration
hearings in January.
George Washington, attorney for the three, said
collateral estoppel would have meant that the find-
ings of the arbitrator would have become indis-
putable facts in the civil case.
"If the arbitrator had found that the sky was
green, we would have had to go along with that
decision," Washington said.
Washtenaw County Circuit Court Judge Karl
Fink said that decisions made in January should
not necessarily hold true in a court of law.
"Based on my understanding of the facts, it is
See COURT, Page 2
Dave Morgan, an environmental services employee at the University's Medical Center, pickets with
other protestors Monday in response to the recent cuts.
Medical Center announces
cuts; Unions join in protest
Making
anusic
Cass Harris of
the Motor City
Beat revs up
the crowd with
music from his
horn while Larry
Walton accom-
panies him aon
the guitar at
Sie "Taste of
Ann Arbor"
activities held
Sunday at
Community High
School. Local
restaurants also
offered samples
of their cuisine
in the
Kerrytown Mall
for the event.
P
By Katie Wang
taily Newvs Edittor-
University Medical
Center officials leaner, not
announced Thursday that
541 of its employees
would receive reduction- Assoc. Mt
in-force notifications
this year. Many of these
employees will have the opportunity to fill about
200 open positions at the Medical Center, and
another 30 to 50 University positions. In total,
Medical Center officials expect to lay off fewer
than 200 employees.
The cuts are being made in response to the
changing health care market, which demands cost-
efficient health care.
"(The University), almost like every other,
health institution, is assessing societal demand to
reduce costs of health care" said Associate
Medical School Dean Lloyd Jacobs. "This is an
ongoing attempt to respond to societal needs,
including cost-efficient care."
Jacobs supervised the committee which
approved departmental plans for the cuts in its
respective workforce.
About 146 full-time-equivalent nursing posi-
tions, 130 service-maintenance and 116 profes-
sional full-time-equivalent positions will be elimi-
nated. It is uncertain how many of these employ-
ees will be laid off or placed elsewhere in the hos-
71
t
lei
pital.
tWo beJacobs emphasized
that the quality of
meaner." health care would not
be affected by the shifts
- Lloyd Jacobs in the staff.
dical School Dean "We are committed
to diversity in the
workforce, patient care
and quality," Jacobs said. "I don't think this is a
sad time in health care. We are learning to do
things better."
"We want to be leaner, not.
meaner,' he said.
Cheryl Johnson,
Professional Nurses Council
chairperson called Jacobs
naive for neglecting how the
quality of care would be
affected by the cuts.
"We're very unhappy with
(the cuts) because we don't
think they've been made on
Jacobs any input other than bottom
line," Johnson said, "They're
not looking at quality"
Medical Center officials said they plan to pro-
vide career counseling and career transition ser-
vices for those who have either lost their jobs or
who will be transferred to another department in
See CUTS, Page 2
ONTHIS WEEK'S
. owa~l
3INSIDE NEWS 9 RTS
Naked Mile to be televised 'Basketball Diaries' author
on Channel 9. Jim Carroll comes to town.
S2PORTS
Gardner wins 400m hurdles
at NCAA meet.