A union has filed a grievance against the city of Dunkirk government over a laid-off employee. The city wants the state Supreme Court to delay arbitration in the case.

Kim Robbins was a legal secretary for the city but her position was not funded in the 2025 budget, and she was laid off Feb. 7. She was informed of the impending layoff Jan. 6, and AFSCME Council 66 Local 912 filed a grievance on her behalf Jan. 17.

According to a court filing by the union, its collective bargaining agreement with the city includes a clause stating that Dunkirk agreed to not lay off any member of the union. Retirements, voluntary quits, and discharges for cause are not included in that prohibition.

Dunkirk violated the agreement by terminating Robbins, the union alleges.

The nature of Robbins’ work is also called into question. The union states Robbins was acting as a wastewater treatment plant operations assistant since 2016. However, she retained the title, pay and benefits of a legal secretary. Robbins’ layoff also violated agreements made with the city on the matter, the union claims.

“The city also cites financial difficulties, but it has not disclosed any finances to the union,” Local 912’s court filing adds. “Nor has the city attempted to negotiate any title, manning, or pay changes with the union, despite the contract being expired and negotiations being requested by the union.”

The city of Dunkirk denied the union’s initial grievance on the matter, and Local 912 requested arbitration. In a document filed Tuesday, City Attorney Elliott Raimondo sought a “stay” in the arbitration process.

Mayor Kate Wdowiasz stated in her denial of the grievance that the same clause which forbids layoffs “then goes on to list layoff procedures as well as recall rights, implying that both parties have contemplated layoffs in the contract.”

She also noted the Local 912 contract with the city has expired. Under state law, terms and conditions of an expired contract with municipal workers must be maintained until a new deal is signed. However, she cited court cases “that have made the idea of a minimum staffing clause when a municipality is in the same position as the city of Dunkirk borderline unconscionable and against the public policy of the state of New York.”

The latest court case is another recent instance of rocky relations between City Hall and its employees. Also Tuesday, it came out that the Dunkirk Police Benevolent Association has filed a list of grievances against the city. That case is to be decided by an arbitrator on April 8. PBA President John Arns has not returned a message left by the OBSERVER Wednesday morning at the Dunkirk Police Department, seeking more information on the grievances.

In February, City Assessor Erica Munson slammed the workplace environment in City Hall under Wdowiasz’s administration, stating that it was negatively impacting employees. Munson alleged a lack of professionalism and leadership skills by the mayor.

Late in 2024, the city made an approximately $150,000 settlement with the U.S. Department of Labor over unpaid overtime for employees. Both the Common Council and Wdowiasz had ordered an end to so-called “non-essential” overtime earlier in the year, in a nod to the city government’s fiscal crisis. However, labor officials discovered that the city did not pay its employees for some of the overtime they did do.

Dunkirk is in the midst of a major fiscal crisis. Its bond rating has been delisted and it was forced to borrow more than $16 million from New York state in 2024. This year’s budget, which is more than $28 million, included an 84% increase in property taxes.