A union has filed an appeal of an arbitration decision that went against former city of Dunkirk employee Kim Robbins.

Robbins was a legal secretary who was told on Jan. 6, 2025, that she was getting laid off. The American Federation of State and County Municipal Employees filed a grievance, claiming her layoff violated the provisions of her contract. However, an arbitrator ruled in January that Dunkirk didn’t violate the contract.

The union’s appeal of that decision claims “the contract language is clear and unambiguous” in not allowing layoffs. Dunkirk argued the position could no longer be funded, but “nowhere in the (agreement) does it allow for termination for a position no longer being funded.”

The appeal also alleges “the city has…repeatedly shown either ignorance or complete disregard of the terms of the (contract), labor law and accepted labor practices.” It specifically disparages the testimony of Mayor Kate Wdowiasz and Anne Davis, the city’s human resources director.

As to the issue of not being able to afford Robbins, “during this proceeding, the city showed no specific inability to pay. They rather gave an overall view of the current finances and projection of the upcoming year. None of what they presented proves that they would not be able to pay Robbins. These are mute arguments.” That’s because the city has a legal obligation to honor its contracts, the appeal states.

The appeal concludes, “If the city can show that the financial status is relevant, it should go through the courts to invalidate the corresponding contract language… However, the city has not done that. This leaves the current language as binding.”

The arbitration decision appeal, filed by AFSCME Council 66’s Ryan Card, seeks reinstatement of Robbins as a legal secretary — with full seniority, pay and benefits — retroactive to Feb. 7, 2025, the date her termination took effect.