May 26, 2011

UW found guilty of unfair labor practice over treatment of Patient Access Center (PAC) members at Harborview Medical Center

The union has won a major victory for the dedicated Local 1488 call center members at Harborview Medical Center in Seattle who were forcibly stripped of their bargaining rights in a call center consolidation – and threatened with losing their jobs if they didn’t go along.

A hearing examiner for the Public Employment Relations Commission yesterday (May 25) found the University of Washington guilty of an unfair labor practice.

The UW illegally refused to bargain the effects of the consolidation, including the removal of the Federation-represented patient services specialists’ work from the Patient Access Center (or PAC) unit to non-union positions at a new call center location in downtown Seattle, according to the decision. There were about 25 patient services specialists in the bargaining unit at Harborview.

Because of the egregious nature of the UW’s violation, the hearing examiner ordered the “extraordinary” remedy of interest arbitration within 60 days if the UW and union don’t reach agreement in bargaining over the effects of the consolidation.

The university has 20 days to appeal the unfair labor practice ruling.

The UW moved the workers from the PAC unit at Harborview to the new Virtual Front Desk call center in downtown Seattle. All were moved by Nov. 15, 2010; the UW told the employees Oct. 1 “they were no longer union members and no longer enjoyed any of the rights and benefits contained in the parties’ collective bargaining agreement.”

“The employer could have consolidated its call center operations without removing the bargaining unit from the union…,” the decision said. “It is evident that the employer unlawfully skimmed bargaining unit work.”

The ULP finding against the UW brings a measure of justice to the affected call center workers. Since the move, several have quit or been fired in an increasingly hostile work environment. Nine have filed civil rights complaints. The UW’s refusal to recognize their union rights meant the affected call center workers couldn’t have union-management meetings to address and resolve important patient and staff needs.

“The removal of the bargaining unit work was presented as a fait accompli” – a unilateral, irreversible decision, the PERC ruling said.

“While the employer did not offer new ‘benefits’ to bargaining unit members, it did indirectly threaten them with job loss,” according to the decision.

The examiner determined that the employees transferred to the new call center took on additional duties but “they continued to perform the bargaining unit work that was removed from Harborview’s Patient Access Center.”

The PERC decision concluded the employees were not “given the opportunity to engage in meaningful bargaining to ensure their continuing rights to seniority, wages and other terms and conditions of employment.”

Also, the UW “unlawfully interfered” with employee rights by communicating its decisions directly with employees – without providing the same information to the union.

“The employer also erroneously informed the bargaining unit members that it was negotiating with the union,” the decision said. “This undermined the union’s representational status, and constituted unlawful interference.”

Under the PERC order:

  • The UW must return the patient services specialists, their positions and their work to the bargaining unit.
  • The UW must bargain the effects that its consolidation decision had on the terms and conditions of employment for the patient services specialists. “While the physical relocation of the consolidated call center requires that the (patient services specialists) continue to work at the new call center location, the employer must bargain the effects” of its decision. If no agreement is reached within 60 days, the dispute goes to an arbitrator, with the UW picking up all fees and costs charged by the arbitrator.
  • The university must reinstate all wages, hours and working conditions that existed for the patient services specialists in the bargaining unit before the UW’s unlawful unilateral transfer.
  • The UW must cover all dues or fees from the improperly transferred employees.
  • The PERC order must be read at a meeting of the UW Board of Regents and included in the board’s minutes.

Legislature adjourns special session after passing budget, modified DES/CTS bill passed

The Legislature adjourned its special session at 10:26 p.m. Wednesday night after passing a recession-affected budget and an improved but not perfect bill creating the new Department of Enterprise Services and Consolidated Technology Services agency.
That bill, ESSB 5931, passed with collective bargaining intact but sacrificed competitive contracting. The measure passed the House 54-42 with two excused. The Senate concurred in changes made by the House on a vote of 31-13 with three excused.
The Senate followed House passage of the budget Tuesday night by concurring in the changes made by the House. The Senate vote on the budget bill, 2ESHB 1087, was 34-13 with two excused. There were no major changes from the version rolled out Tuesday. It honors our contracts and reforms service delivery for interpreters. But it includes downsizing, closures and contracting out.

Before we give you more details, you should know that your hard work mitigated the damage as the rush was on to cut to fill a $5 billion deficit. It could have been much worse. The fact it wasn’t is a credit to you. From the opening day to the final gavel, you were there with rallies, phone calls, e-mails, personal lobbying and a commitment to the people we serve that is second to none. You made it clear this fight was never about your personal comfort, it was about comforting and protecting those who otherwise would be steamrollered by this economy. You are this state’s heroes, our true champions.
WHAT DIDN’T MOVE ON THE FINAL DAY
Thanks to your intense pressure, the bill to end run our court victory against contracting out in the DSHS Children’s Administration, HB 2122, never came to a vote of the House and died.
Also not moving was SB 5669, the natural resources bill that no longer merged agencies, but made certain efficiencies.

And the Western State Hospital forensics bill, SB 5114, also did not move.
DES/CTS BILL
With pressure from the Senate and the Operating Budget (HB 1087) held hostage, the House rejected the friendly amendment made by the House Ways and Means Committee and adopted an amendment to ESSB 5931 from the floor offered by Rep. Zack Hudgins of the 11th District.
The bill as passed expressly prohibits state employees from competing for work historically performed by them in the newly formed Department of Enterprise Services (DES). Consolidated Technology Services will fall under DES.
The bill does retain collective bargaining rights for transferred DIS employees, with exemptions from civil service extended to employees who perform: systems integration; data center engineering and management; network systems engineering and management; IT contracting; IT customer relations management; and network and systems security. We estimate it to include about 115 employees.
Office of Financial Management and DES will examine up to six activities for possible contracting out. The requirement to conduct these examinations expires June 30, 2018. Activities contracted out prior to June 30, 2018, can continue to be contracted out after the expiration date.
CTS can contract for services and activities related to the data center and other activities approved by the Technology Services Board (TSB), which is created in the bill.
Changes to collective bargaining have been removed from the bill. OFM is authorized to create exempt positions in specific job classifications.
Any material printed by state agencies that contains personally identifiable information must be printed by DES or, if contracted out, must have a confidentiality agreement.
The auditor must conduct a performance audit of printing. That audit must be completed by November 2016.
The Technology Services Board (TSB) is created, which will authorize funding for major IT projects. The TSB will develop a policy to determine which projects will require an independent technical and financial review. The Chief Information Officer can spend up to $1 million each biennium on these independent reviews without an appropriation.
Full exemptions for CTS from the procurement and personal services contract requirements are removed. CTS does have some modified exemptions from the ?procurement rules, similar to current statutes related to DIS.
The Education Research and Data Center is transferred from OFM to the LEAP.
OFM must develop and submit a state technology budget. The budget must identify current baseline funding for IT, proposed and ongoing major IT projects, and their associated costs.
The state auditor will conduct a two part review of the data center by December 1, 2011.
The review may cover how decisions related to funding the data center were made and an analysis of the current implementation plan.

You should know that hundreds of calls and emails from members kept this bill in play until 6:30 this evening, just prior to the vote - and restored collective bargaining rights to transferred DIS employees.
RESIDENTIAL HABILITATION CENTERS

The House passed and the Senate concurred on the residential habilitation centers (RHC) consolidation/closure bill. 2SSB 5459 closes Frances Haddon Morgan Center by Dec. 31, freezes admissions to Yakima Valley School and converts it to a SOLA when its population reaches 16 (two cottages will be converted to SOLAs). It retains the permanent status of the other RHCs: Lakeland Village, Fircrest School and Rainier School. The House vote was 63-33 with two excused. The Senate vote agreeing with the House version was 32-13 with four excused.

A small group of senators fought to the bitter end. Sen. Pam Roach of the 31st District said the bill was “part of the effort to close all of our residential habilitation centers.”

The bill “takes away options for families and that’s not right,” she said.

CORRECTIONS

The Senate Wednesday morning passed the DOC bill with the good Probst amendment passed by the House Tuesday night. The Senate vote on ESSB 5891 was 26-20 with three excused.

ALSO:
• The Senate also passed ESSB 5860, the bill backing our negotiated contract provisions with the temporary 3 percent pay cuts and, as with UW and WSU, allowing colleges and universities the flexibility to find the 3 percent savings in other ways. It prohibits pay raises for WMS or EMS workers. The vote was 36-10 with three excused. The House concurred with changes made by the Senate on a vote of 72-24 with two excused.

May 25, 2011

ESSB 5931 passes house 54-42 with collective bargaining intact, competitive contracting sacrificed

With pressure from the Senate and the Operating Budget (HB 1087) held hostage, the House rejected the friendly amendment made by the House Ways & Means and adopted an amendment from the floor offered by Rep. Zach Hudgins (D11).

The bill as passed expressly prohibits state employees from competing for work historically performed by them in the newly formed Department of Enterprise Services (DES). Consolidate Technology Services will fall under DES.

The bill does restore collective bargaining rights for transferred DIS employees. with a number of exemptions from civil service extended to employees that perform systems integration; data center engineering and management; network systems engineering and management; IT contracting; IT customer relations management; and network and systems security. We estimate it to include about 115 employees.

The bill is expected to pass the Senate without further changes.
  • OFM and DES will examine up to six activities for possible contracting out. The requirement to conduct these examinations expire June 30, 2018. Activities contracted out prior to June 30, 2018, can continue to be contracted out after the expiration date.
  • CTS can contract for services and activities related to the data center and other activities approved by the Technology Services Board (TSB), which is created in the bill.
  • Changes to collective bargaining have been removed. OFM is authorized to create
    exempt positions in specific job classifications.
  • Any material printed by state agencies that contains personally identifiable information must be printed by DES or, if contracted out, must have a confidentiality agreement.
  • The auditor must conduct a performance audit of printing. That audit must be completed by November 2016.
  • The TSB is created, which will authorize funding for major IT projects. The TSB will
    develop a policy to determine which projects will require an independent technical and financial review. The Chief Information Officer can spend up to $1 million each
    biennium on these independent reviews without an appropriation.
  • Full exemptions for CTS from the procurement and personal services contract
    requirements are removed. CTS does have some modified exemptions from the
    procurement rules, similar to current statutes related to DIS.
  • The Education Research and Data Center is transferred from OFM to the LEAP.
  • OFM must develop and submit a state technology budget. The budget must identify
    current baseline funding for IT, proposed and ongoing major IT projects, and their
    associated costs.
  • The state auditor will conduct a two part review of the data center by December 1, 2011.
  • The review may cover how decisions related to funding the data center were made and an analysis of the current implementation plan.

Hundreds of calls and emails from members kept this bill in play until 6:30 this evening, just prior to the vote - and restored collective bargaining rights to transferred DIS employees. 

House passes budget; sends ESSB 5891 back to Senate amended

The House Tuesday night passed the budget on a vote of 54-42 with two excused. It now goes to the Senate for expected action Wednesday.

The House shortly before midnight passed the Corrections bill, ESSB 5891, on a vote of 50-43. It goes back to the Senate because it was amended. That amendment (849) authored by Rep. Tim Probst mitigates the bill a good deal.

The effect:

  • Restores supervision of persons convicted of Sexual Misconduct with a Minor in the second degree, Custodial Sexual Misconduct in the second degree, Communication with a Minor for Immoral Purposes, and misdemeanor Failure to Register as a sex offender.
  • Eliminates the one-year limit on supervision of these offenders, as well as offenders convicted of a repetitive domestic violence offense who have a qualifying prior offense.
  • Restores supervision of felony sex offenders who receive a sentence of one year or less in jail if their risk assessment indicates they have a low or moderate risk to reoffend.

May 24, 2011

Compromise budget unveiled

Legislative leaders of both parties this morning unveiled their compromise budget (ESHB 1087). But our focus still needs to be on fighting attacks on collective bargaining and on your competitive contracting rights – all of which are part of the budget debate.



Presumably, the budget will go to quick floor debates without public hearings as lawmakers rush to finish business by the end of the 30-day special session tomorrow.



In a moment, we’ll give you highlights of the budget and how it affects Federation members. But keep in mind, a lot of the budget depends on other legislation we still need to oppose.

  

So before the details, the call to action.

CALL TO ACTION:

  Call your legislators at 1-800-562-6000 and urge them to oppose the Wisconsin-style attacks on collective bargaining and competitive contracting rights in ESSB 5931 and SHB 2122. Also, oppose 2SSB 5459 (the RHC consolidation bill) until it’s fixed to protect the choice and safety of all RHC residents.

   

FYI. We’re in a state of flux, so we’re following the Corrections bill, ESSB 5891, which is still awaiting a vote of the House.




BUDGET BULLET POINTS:

   

OK, here goes in no particular order:



  • Contracts. The budget gets there and OKs the negotiated contracts, including the University of Washington and Washington State University. It also basically extends the temporary 3 percent pay cuts for those earning more than $30,000 a year to the Community College Coalition and The Evergreen State College and other units where no contract agreement has been deemed to be reached. There are no additional furloughs for higher-earning state employees.



  • Management efficiencies. The budget calls for management reductions of 7 percent to 10 percent, including delayering and streamlining of support functions.



  • Residential habilitation centers. Budget language is tied to 2SSB 5459, so that’s why it’s so important to get calls in. The budget would close Frances Haddon Morgan Center by Dec. 31. Other reductions would come from such things as cottage closures and layoffs and reducing case managers and case management.

  • 

Medical interpreters. The budget has language with protections for all sides that essentially approves funding for the first interpreters contract for 2011-2013 if the union and state reach agreement on it. A new system of service delivery will be in place no later than January 2012.

  • 

Juvenile rehabilitation. Maple Lane School is closed by June 30. Other reductions in JRA parole services and institutions costs.

  • 

Natural resources. Proceeds from the new Discover Pass will fund parks, Fish and Wildlife and Natural Resources programs.



  • Higher education funding is reduced $535.5 million.



  • Disability Lifeline is ended Oct. 31. 



  • Children’s Administration staff is reduced by 244 – largely tied to the contracting out allowed by HB 2122 – so get those calls in to oppose.



  • Mental health. It’s unclear if the budget language cuts the forensics unit at Western State Hospital, but continue to get calls in against SB 5114.



  • Special Commitment Center. Funding provides a takeover of island operations on McNeil Island now that the prison is closed. Funds are reduced to reflect a modification in the staffing models for the Secure Community Transitional Facilities (SCTF).

  • 

Basic Health Plan. Admissions are frozen. About 37,000 will be in the plan the first year and 33,000 the second.



  • Corrections. The budget would eliminate tolling (or pausing the term of community custody). It would reduce funding by reducing supervision of offenders on a first-time offender waiver. And he budget would eliminate supervision of offenders from jail who have a low or moderate risk profile, including misdemeanor sex offenders and felony sex offenders. This is still tied to SB 5891, which is in a state of flux.



  • PERS 1 COLAs are eliminated.
For more details:

Grave concerns over RHC consolidation bill

At the same House Ways and Means Committee hearing, Federation Executive Director Greg Devereux and Yakima Valley School Local 1326 member Julianne Moore raised grave concerns about 2SSB 5459, the bill to consolidate residential habilitation centers caring for some of this state’s most profoundly developmentally disabled citizens.

Among the concerns is that closing Frances Haddon Morgan Center won’t save money – and it would be premature without an infrastructure of state operated living alternatives community homes.

“Much of the problem in the system is due to inadequate funding,” Devereux said. “We believe there needs to be dedicated funding to create a healthy system.”

The committee late Monday passed out 2SSB 5459 on a vote of 16-10.

CALL TO ACTION:
Call your two House members at 1-800-562-6000 and urge them to oppose 2SSB 5459 until it’s fixed to protect the choice and safety of all RHC residents.

Bad workers' comp bill passes both House and Senate

The so-called compromise workers’ compensation bill supported by the governor and legislative leaders of both parties easily passed both the House and Senate Monday and is headed for Gov. Chris Gregoire’s desk for her signature into law.
The bill institutes “structured settlements” for seriously injured workers who will turn to other public safety net services if the settlements run out or aren’t enough.

Sen. Karen Keiser of the 33rd District said EHB 2123 brings “risk and uncertainty” and violates the 100-year-old workers’ comp settlement that provided adequate payout to injured workers in return for giving up the right to sue employers.


“It’s a bad bargain,” Keiser said in opposing EHB 2123.


EHB 2123 passed the House 69-26 with three excused and cleared the Senate 35-12 with two excused.

Enterprise Services/Consolidated Technology bill moves, but barely

On a narrow 14-12 vote, the House Ways and Means Committee early Tuesday morning passed out the bill to consolidate GA and other “back office” work into a new Department of Enterprise Services, with most of DIS going into a new Consolidated Technology Services agency.

The committee adopted a striking amendment to ESSB 5931 authored by Rep. Zach Hudgins of the 11th District that goes a long way to retain collective bargaining and contracting out rights of affected members.
But he admitted it was a “work in progress” because it was clear that opponents would try to erode collective bargaining and competitive contracting rights when the bill hits the full House later Tuesday.

So we can’t assume anything. So….

CALL TO ACTION:
Call 1-800-562-6000 and urge your two House members to reject any DES/CTS consolidation bill (ESSB 5931) that does not respect current collective bargaining rights and takes away the ability to compete to save money for taxpayers.

WFSE/AFSCME blasts bill that aims to end run court on contracting out

WFSE/AFSCME members watch hearing on HB 2122 to end run a recent court decision against contracting out.

A last-minute bid to undo the judge’s order against contracting out of case management in Child Welfare Services came before the House Ways and Means Committee Monday evening and was blasted by the Federation.


SHB 2122 would basically revise history and say the Legislature two years ago really did mean to contract out that social work statewide all along.
In fact, the 2009 legislation (HB 2106) set up a pilot project in two regions to study the contracting out. It would be studied and then a final decision on possible expansion would be made in 2015.

Federation Executive Director Greg Devereux told the committee the union “vehemently” opposes SHB 2122.


“In essence, the judge ruled that within the pilot projects, DSHS could test the contracting out of case management without competitive contracting but outside of the pilot projects DSHS still had to follow the competitive contracting statute when contracting for case management,” Devereux said.


“Here today before you is SHB 2122, a bill which will totally undermine the pilot project process mandated by HB 2106 and guts competitive contracting in this state. If SHB 2122 moves forward, you are allowing contracted case management functions to become the norm statewide and the original project idea is rendered moot.


“We believe the pilot projects should move forward in the original manner and if case management is contracted beyond the pilots, that process should be governed by (the law).

“That is the only fair process for our citizens, the case workers and the individuals they care for.”


The committee late Monday night passed SHB 2122 on a vote of 20-5.

CALL TO ACTION:
  Call your two House members at 1-800-562-6000 and urge them to oppose SHB 2122. Follow the law and the court order on contracting out in the Children’s Administration. And don’t take a sledgehammer to a competitive contracting system that’s working.

May 23, 2011

Budget deal reached; details coming Tuesday

From the Seattle Times:  Washington lawmakers reached a tentative agreement Monday on how to close the state's $5 billion budget shortfall, finding the elusive compromise after weeks of talks.

OPPOSE ESSB 5931 and HB 2122

Tell House Ways & Means Committee members to OPPOSE Wisconsin-style attacks that erode collective bargaining and competitive contracting rights.

OPPOSE ESSB 5931 and HB 2122


BACKGROUND:

The Governor is insisting that weakened collective bargaining rights be included in the DIS  reorganization bill (ESSB 5931). The Administration has never made any proposals at the bargaining table or ever attempted to propose new rules.

Instead, the Governor blames collective bargaining for the failures of management and argues true reform can only be achieved by eliminating workers’ rights.

The only difference from Wisconsin is scale - the philosophy is the same. The House should reject this blatant power grab.

CALL THE LEGISLATIVE HOTLINE AT 800-562-6000 or send send an email here.

Leave a message for the House Ways & Means Committee members and your House members to:
  • OPPOSE ESSB 5931:
    • Honor the law on collective bargaining rights in the proposed new Consolidated Technology Services (CTS) agency.
    • Honor the law on competitive contracting in the proposed new Department of Enterprise Services (DES) and Consolidated Technology Services (CTS) agencies.
  • OPPOSE HB 2122:
    • HB 2122 tries to end run the recent court injunction against the illegal contracting out of Child Welfare Services case management statewide in DSHS Children’s Administration. Superior Court Justice Thomas McPhee told the agency that he expected the department to act in good faith.

      This bill, dropped in the final hours of the special session, is an attempt to side-step competitive contracting, the injunction, and a larger policy debate that should have been heard during the regular session.

May 22, 2011

Members in AFSCME Green shirts needed in the gallery Monday and Tuesday

The main actions in the next couple of days affecting WFSE/AFSCME members will be in the House, which is now meeting today (Sunday). The Senate also meets today.

Among the key bills in the House in the closing days of the special session are: 
  • SB 5931 (the DES/CTS consolidation bill)
  • SB 5891 (Corrections)
  • SB 5114 (WSH Forensics unit)
  • SB 5459 (RHCs)
  • And there's still the budget
Everything is moving quickly. Members in AFSCME Green shirts needed in the gallery Monday and Tuesday. Register online here.

Kandy Kraig wins Shop Steward of the Year Award

Kandy Kraig of Local 1221 (left) receives WFSE/AFSCME's 2011 "Shop Steward of the Year" Award Saturday night from WFSE/AFSCME President Carol Dotlich (right). The award came during a banquet ceremony at the end of the first day of this year's Shop Steward Conference.

May 20, 2011

House committee considering better compromise on ESSB 5931- back-office consolidation bill

***WEEKEND UPDATE: The committee adjourned Friday afternoon without acting on the bill. Saturday, The Olympian reports "Bargaining Rights Key State Debate"
***The House Ways and Means Committee today is considering a proposed striking amendment that would retain full collective bargaining rights for employees doing so-called “back-office” duties and information technology work that would be folded into a new agency.

Under the proposed “striker” to ESSB 5931, the proposed Consolidated Technology Services agency would no longer stand alone but be folded in with General Administration and other back-office work in the proposed new Department of Enterprise Services.


The striker would abandon the approach supported by the Senate and governor that would trash the collective bargaining rights of IT workers affected by the merger. Under the striker, they would retain all current collective bargaining rights.


What we’re looking at in the 265-page amendment is whether there’s any movement away from the governor-Senate approach to wipe out contracting out and competitive contracting requirements that would make it easier to privatize IT and Enterprise Services work, like the motor pool in GA.
But it’s an improvement. So…

CALL TO ACTION:
Call 1-800-562-6000 and urge your two House members to support the striking amendment to ESSB 5931 to retain all current collective bargaining rights and make sure the striker retains current competitive contracting rules, too.

One caution. Things are moving quickly, so this call to action may be modified over the weekend. ESSB 5931 could hit the full House as early as Saturday.

TESTIMONY ON 5931 BLISTERING


The striking amendment was not available for the public hearing on ESSB 5931, so speakers spoke on the bill as it passed the Senate – the one that eroded out bargaining rights for IT and wiped out contracting out protections in IT and Enterprise Services.

Dennis Eagle, the Federation’s director of legislative and political action, said the administration has never raised concerns over the current contracting out or bargaining law with the union at the table, never raised issues of IT “flexibility” in negotiations and never discussed job classification issues.


They never tried to use the existing law but instead unilaterally decided it needed to be changed, he said.


“If changes to the law are needed, they should bring those to us,” Eagle said.

“Instead, they’re attempting by brute force to shift the balance of power. If we tried to do it, it would never be allowed. It’s a double standard and we would urge you to reject this blatant power grab.”

Federation President Carol Dotlich said state employees have worked within the 2002 collective bargaining and contracting out law. State employees have sacrificed and played by the rules, she said, and to go after their bargaining and competitive contracting rights “seems like another assault” on the very workers who make this state run.


Bing Bristol, a Local 443 member in General Administration, which would be part of the merger, said contracting out often results in added costs where state employees end up fixing contractors’ mistakes.


Local 443 DSHS member Steve Segall, a member of the General Government Bargaining Team, said the state spent $85 million contracting for the HRMS computer system that failed miserably.
“That’s what contracting out will get you,” he said.


Calls still needed to oppose corrections bill

UPDATE: Friday afternoon, the bill was voted out with a "do pass" recommendation and now heads to Rules.

The House Ways and Means Committee also took up the Corrections bill, SB 5891, which still eliminates community supervision out of county jails and tolling.

“Tolling” is defined as the period of time in which confinement or community custody is paused and for which the offender does not receive credit toward the term ordered.

Federation Lobbyist Matt Zuvich said the union is still opposed to those parts of the bill. The reduction in community supervision is a safety issue.

“We see very little sense rewarding offenders who violate parole by not giving them more parole,” Zuvich said.

Committee staff said those provisions would cut 20.2 Community Corrections on the lowered supervision side and 47.4 positions by eliminating tolling.

CALL TO ACTION: Call 1-800-562-6000 and urge your two House members to oppose the provisions SB 5891 to reduce community supervision and eliminate tolling. Protect community safety.

Bill to eliminate a forensics intake ward at Western State Hospital gets no support

UPDATE: The committee adjourned Friday afternoon without acting on the bill. 


No one testifying at the House Ways and Means Committee hearing supported SSB 5114, the bill shifting forensics intake duties to the counties and close a forensics intake unit at Western State Hospital.
Larry Thompson, a Local 793 member who works in the Western State Hospital forensics unit, led the charge against the bill.

“It would continue to put the public at (risk),” he said. “We have concerns over the closure of a forensics ward. A competent, quality, evaluation is just not done by a licensed Ph.D. That Ph.D. gets his or her information also from a social worker, the nurses, the staff on the ward that deal with this patient on a 24/7 basis during the evaluation process. That would be missing.”


CALL TO ACTION:
Call your two House members at 1-800-562-6000 and urge them to oppose SSB 5114. Don’t shift the responsibility and costs of forensics evaluation to the counties.

Prison industry puts profits before public safety

FOR IMMEDIATE RELEASE    
Friday, May 20, 2011

Contact:                                                                                        
Gregory King, 202-429-1145

Statement of AFSCME President Gerald W. McEntee on Prison Privatization:

“Yesterday, The New York Times offered further evidence of what we have known for years:  For-profit prisons often cost taxpayers more than the funding needed to run state prisons, even though the corporate prisons can cherry-pick the least costly inmates.  Prison privatization is bad public policy because the prison industry puts profits before public safety.  Prison privatization means high rates of violence, high staff turnover, lax security, and routine mismanagement. Too many politicians – including John Kasich in Ohio – are selling state prisons off – often in return for the corporate dollars that fund their campaigns.  Kasich claims that privatization ‘provides better services at a lower price,’ yet the evidence clearly points in the other direction.


“Sweetheart deals are not a solution to the budget problems facing states.  Instead, they create costs of their own.  AFSCME documented the flow of money from the corporate prison industry to politicians who support prison privatization in our recent report, ‘Making A Killing: How Prison Corporations Are Profiting from Campaign Contributions and Putting Taxpayers at Risk.’ It is time to end this failed social experiment and provide public correction departments with the resources they need to run secure state prisons.  Transferring millions of tax dollars to private companies is a waste of money and a proven mistake.  Prison privatization doesn’t work.  Taxpayers should not have to pay extra to line the pockets of the corporate CEOs who pay politicians to run them.”   

 
# # #
 
AFSCME’s 1.6 million members provide the vital services that make America happen. With members in hundreds of different occupations — from nurses to corrections officers, childcare providers to sanitation workers — AFSCME advocates for fairness in the workplace, excellence in public services and prosperity and opportunity for all working families.

May 19, 2011

Sea of AFSCME GREEN needed at Capitol starting Friday morning

The word is legislators will race to finish business by the end of their 30-day special session next Wednesday, so key decisions on bills and the budget will be made between now and then.

So it’s critical that with everything at stake that lawmakers see Federation members in AFSCME Green up until the final bell.
We encourage you to turn out for the House Ways and Means Committee hearing, 9 a.m., Friday morning, in Senate Hearing Room 4 of the John A. Cherberg Building. The committee is set to take up three bills of concern to us: SSB 5114 – Closing a forensics intake ward at Western State Hospital; SB 5891 – The Corrections bill that may put savings before community safety; and ESSB 5931 – the bill to contract out jobs and trample collective bargaining rights in the consolidation of “back office” duties and information technology.

And it’s likely lawmakers will be meeting over the weekend - just show up at the Capitol. We will try to post online if the House and/or Senate are meeting over the weekend.


Monday and Tuesday. If you can make it on any of those days – particularly starting Monday -- please register now:

It looks like we’re in the home stretch. Let’s continue to put people first and fight for quality services and against throwing you and your rights under the bus.
 




We gave you calls to action in our last message. But since then, the Senate has passed three key bills of concern to you:

RESIDENTIAL HABILITATION CENTERS - The Senate on Thursday voted 35-11 to pass and send to the House the residential habilitation center transition bill (2SSB 5459). This is the bill that still closes Frances Haddon Morgan Center in Bremerton.
“We have unfairly settled on the smallest (facility) but not the most expensive,” said Sen. Phil Rockefeller of the 23rd District, who opposed 5459.

Supporters claim parents and guardians can still choose to keep their children or dependents in an RHC. Senators rejected two proposed amendments authored by Sen. Maralyn Chase of the 32nd District, including one keeping all RHCs open until “sufficient community options” are available.


Chase called the bill an “expensive social experiment.”
“It is not in the best interests of the residents of the RHCs,” she said.

 
CORRECTIONS - The Senate passed ESSB 5891, the Corrections bill that Federation members have pressed legislators on because of its early release provisions. It also eliminates tolling in community supervision and eliminates 83 Community Corrections officers. The bill passed 29-17.

NATURAL RESOURCES - The Senate on Thursday also passed E2SSB 5669 to consolidate some back office functions in natural resource agencies. Senators OK’d an amendment loosening up the requirement that Fish and Wildlife and Natural Resources consolidate into no more than four regions; they’ll only have to that if the Legislature next year directs them to. The bill also calls for co-location of agencies. The bill passed 27-19. To be clear, this bill does not merge the agencies; that plan from the governor died long ago.

Consolidation, RHC, Corrections, Mental Hospital bills moving at warp speed - we need to mobilize to oppose or raise concerns

It seems improbable, but some in the Legislature think they can finish business by the scheduled end of the 30-day special session that ends next Wednesday, May 25.

To that end, many bad or troubling bills are coming up for quickly called hearings with little time for review or notice to give testimony.

That’s the case with four important bills affecting thousands of Federation members and the citizens they serve.

Because things are moving quickly, here is a quick run down with calls to action:

CONSOLIDATION AND CONTRACTING OUT BILL


The bad bill consolidating “back office” functions and information technology services, ESSB 5931, is set for a hearing in the House Ways and Means Committee, tomorrow, Friday, May 20, at 9 a.m., in Senate Hearing Room 4 in the John A. Cherberg Building. A final committee vote is also possible.
  • CALL TO ACTION:  Call your two House members at 1-800-562-6000. Tell them to oppose ESSB 5931. Honor the collective bargaining rights of workers moving into the new Consolidated Technology Services (CTS) agencyAnd tell them to honor the law on contracting out/competitive contracting in the proposed new Department of Enterprise Services (DES) and CTS. The laws on bargaining and competitive contracting work. Oppose these Wisconsin-style attacks that erode basic worker rights in this state.
CORRECTIONS

The troubling Corrections bill (SB 5891) passed the Senate Ways and Means Committee Wednesday on a vote of 12-8. It’s poised for action by the full Senate today. It is tentatively scheduled for a hearing tomorrow in the same 9 a.m. House Ways and Means Committee hearing with a final committee vote possible.

The bad provisions in SB 5891 include risky early release provisions.
  • CALL TO ACTION:  Call your legislators to oppose SB 5891. Tell them to put safety before savings and oppose the provisions on early release of offenders. With the massive cuts taken by Corrections in recent years, we don’t need this.
RESIDENTIAL HABILITATION CENTERS

The residential habilitation centers (RHC) transition bill, ESSB 5459, got a quick hearing and was voted out of the Senate Ways and Means Committee Wednesday.

As it stands, ESSB 5459 would:
  • Close Frances Haddon Morgan Center in Bremerton by Dec. 31, 2011.
  • Remove the statutory authority for the remaining RHCs (Yakima Valley School, Rainier School, Fircrest School and Lakeland Village) and say that they “may” (not shall) be operated by the state. But the bill would seemingly block DSHS from any further consolidations other than closing the Morgan Center, except what might be recommended by a task force set up under the bill. That task force of legislators, the administration, the Federation and SEIU would start Sept. 1, 2011, and make yearly reports on the long-term capacity of the RHCs.
  • Halt admissions to Yakima Valley School unless it’s a crisis situation.
  • Stop admissions of anyone under age 16 by July 1, 2012.
With the lack of details, the Federation raised strong concerns – mainly because of errors in versions presented to the committee that no one was really sure what was in the proposal they voted on.
“It seems like we’re only discriminating against DD (developmentally disabled) people,” said Julianne Moore (above), president of Local 1326 and worker at Yakima Valley School in Selah.
Federation Lobbyist Matt Zuvich said something so massive shouldn’t be rushed through. “Moving forward without a clear plan is not looking out for the folks we need to be looking out for,” Zuvich told the committee.
  • CALL TO ACTION:  Call your legislators members at 1-800-562-6000 and tell them SB 5459 has improved but the changes are too massive to try wrap up with so little time left in this session. Too many lives are at stake – let’s take the time to get it right.
MENTAL HOSPITALS

Also on the agenda for Friday’s 9 a.m. House Ways and Means Committee meeting is a hearing on SSB 5114, the bill that would close a forensics intake unit at Western State Hospital in Lakewood and farm the work out to Pierce County.
  • CALL TO ACTION: Call your two House members at 1-800-562-6000 and urge them to oppose SSB 5114. Closing this intake unit at Western State Hospital endangers the community and unfairly shifts the burden to county government.

May 17, 2011

Senate passes consolidation bill stripping workers of bargaining, contracting out rights

Nine Democrats defected and gave Republicans effective control of the Senate Tuesday to pass the anti-state employee, anti-accountability, anti-taxpayer bill consolidating “back office” and information technology services.

ESSB 5931 passed 29-18, with two Republicans, Sen. Don Benton of the 17th District and Sen. Pam Roach of the 31st District, excused.

The battle over ESSB 5931 now shifts to the House to defeat the measure that would erode bargaining rights of those moving into the new Consolidated Technology Services agency and pick and choose which parts of the contracting out statute the state would abide by in the new CTS and new Department of Enterprise Services.

What it came down to is proponents can’t work within the collective bargaining and contracting out laws so they want to change the rules.

Workers would lose rights. Citizens would lose accountability over privatized services. And taxpayers would lose cost-savings because state employees in the new technology agency couldn’t present alternatives or compete for work proposed for privatization – even if they can do it faster, better and cheaper.

In floor debate, Sen. Craig Pridemore said ESSB 5931 made an end-run around the Government Operations Committee he chairs. His panel had numerous questions and concerns about two earlier bills, but the Senate Ways and Means Committee effectively took the issue away in favor of the new combined bill sponsored by Sen. Michael Baumgartner of the 6th District and Sen. Joe Zarelli of the 18th District.

And Sen. Ed Murray, chair of the Senate Ways and Means Committee, discounted the claim that ESSB 5931 was part of the bi-partisan spirit used on the budget. It is not, he said, urging opposition.

But spurred by the Republican minority and the administration, the nine Democrats voted to ram ESSB 5931 through.

There was a lot of distorted debate by opponents, like Sen. Jim Kastama’s claim that the nearly 360 projects the state contracted out under the law just until 2008 amounted to “no substantial contracting out.”

Here is the roll call on SB 5931:
  • Passed 29-18 with 2 excused
  • Voting Yea:  (Republicans) Senators Baumgartner, Baxter, Becker, Carrell, Delvin, Ericksen, Fain, Hewitt, Hill, Holmquist Newbry, Honeyford, King, Litzow, Morton, Parlette, Pflug, Schoesler, Stevens, Swecker, and Zarelli; (Democrats) Eide, Hargrove, Hatfield, Haugen, Hobbs, Kastama, Sheldon, Shin, and Tom.
  • Voting Nay:  (all Democrats) Senators Brown, Chase, Conway, Fraser, Harper, Keiser, Kilmer, Kline, Kohl-Welles, McAuliffe, Murray, Nelson, Prentice, Pridemore, Ranker, Regala, Rockefeller, and White.
  • Excused:  Senators Benton and Roach
WFSE/AFSCME members prepare to lobby senators against ESSB 5931.

CALL TO ACTION


Call your two House members at 1-800-562-6000 and urge them to oppose ESSB 5931:
Honor the law on collective bargaining rights and competitive contracting in the proposed new Consolidated Technology Services agency and Department of Enterprise Services. Live by the rules, don’t try to steamroller them.
As a recap, the proposed Consolidated Technology Agency would absorb most of the duties of the current Department of Information Services – but with a new anti-state employee collective bargaining law and exemptions from the contracting out law. The proposed Department of Enterprise Services would absorb the Department of General Administration, most of the Department of Personnel and Office of Financial Management and some of DIS, with exemptions from the current contracting out (competitive contracting) statute.

May 16, 2011

Bill to consolidate central services a serious assault on collective bargaining rights - snubs state's competitive contracting statute


SSB 5931 to reorganize and streamline central services functions includes strong anti-union messages and cherry-picks contracting out options for state employees.

During the Senate Ways and Means hearing today, amendments were offered by Senators Pridemore and Fraser to minimize the bad provisions, but the bill heads to Rules with the anti-union provisions intact.

The bill creates a Department of Enterprise Services (DES) by consolidating GA, bulk printer operations and portions of DOP, OFM and DIS.

OFM is directed to annually examine state services and select six services that could be contracted out to the private sector. Under the competitive contracting statute our members are able to compete for the work, a process that assures taxpayers that the work is being done as cheaply as possible. But the bill effectively removes this mechanism by specifically exempting the state printer, and all services in the newly formed DES and Consolidated Technology Services (CTS) agencies, stripping state employees of their right to compete for the work.

In the new CTS agency, transferred DIS employees are welcomed with a Wisconsin-styled attack on their collective bargaining rights. New rules just for CTS employees limits their contracts to 12-month period, subjecting them to both contract bargaining and funding by legislature on an annual basis. And it strips employees of their contract protections, essentially making them at-will employees.

Finally, the new CTS agency is specifically permitted to contract out services customarily and historically provided by state employees – and prohibits state employees from even competing.

Senator Conway summed it up in a statement made explaining his intention to vote no, “the bill requirements are a serious attack on collective bargaining rights.”

CALL TO ACTION:

Members are leafleting the capitol campus tomorrow during the lunch break. If you can assist, please meet at WFSE HQ at 11 am. 

Call the Legislative Hotline at 800-562-6000. Tell your Senator to OPPOSE SSB 5931.

Watch for an expanded call to action tomorrow at http://takeaction.wfse.org.


Natural resources consolidation bill streamlined in new substitute

2SSB 5669 – a natural resources consolidation and streamlining bill – heard today by the Senate Ways and Means committee, no longer creates a Department of Fish, Wildlife and Recreation (DFWR), a proposed consolidation of Department of Fish & Wildlife, the Recreation and Conservation Office (RCO) and Department of Natural Resources’ law enforcement and instead directs natural resource agencies to consolidate regional offices for each agency with no more than four regions per agency and identify regional or field office appropriate for use as shared facilities between multiple agencies to maximize staff and resource co-location. 

Agencies affected – Agriculture, Ecology, Fish & Wildlife, Natural Resources, RCO, Puget Sound Partnership and Parks and Recreation Commission.

Administrative functions to be consolidated among multiple agencies include: communications, human resources, contracting and procurement, public records and disclosure, financial/budget and accounting, and information technology. An interagency team will be established to assist with implementation of the consolidation measures and provide progress reports and recommendations by 9/1/11 and 9/1/12.

2SSB also transfers authority from Department of Health to Ecology permitting and regulating roles for the reclaimed water program; and from Ecology to Health, permitting of the commercial low-level radiation waste (LLRW) disposal facility. Also in Ecology, the agency will assume support functions of the Columbia River Gorge Commission, and add a program for Pollution Liability Insurance – formerly a stand-alone agency.

Finally, the State Conservation Commission is directed to work cooperatively with Conservation Districts complete a consolidation goal of 39 total districts.

Call to action on contracting out - members needed Tuesday, May 17


CALL TO ACTION ON CONTRACTING OUT: Tuesday, May 17

Members needed to help distribute handouts to legislators from 11am to 1:15pm. Lunch provided.

Meet at WFSE HQ at 11am, 1st Floor Conference Room. Contract April Sims at 800-562-6002 to register.

May 13, 2011

Judge blocks contracting out in Children's Administration

Thurston County Superior Court Judge Thomas McPhee late Friday afternoon granted the Federation’s a preliminary injunction blocking the DSHS Children’s Administration scheme to “short-cut” the Legislature and the law and expand contracting out of Child Welfare Services case management statewide.

McPhee said the DSHS plan is not exempt from the contracting out law and circumvents 2009 legislation that calls for a two-region pilot project to test the idea, with no final decision on statewide expansion until at least 2015.

The DSHS scheme goes “far beyond” the legislation’s mandate to convert and reduce current case management contracts, not institute new contracts.

The likelihood of transferring social worker duties and the possibility of massive layoffs is “significant and pervasive” in the request for proposals (RFP) that Children’s Administration let out to solicit the contracting out, the judge said.

McPhee said the DSHS scheme “cannot but result in a substantial decrease in the employment” of affected social workers.

To allow the contracting out to go forward would end run the thoughtful, four-year study the Legislature contemplated, the judge said.

The injunction remains until DSHS complies with the law.

The union’s full lawsuit and unfair labor practice complaint will still go forward.
This court victory freezing the contracting out comes the same day that ballots went out to Children’s Administration bargaining unit members in the vote of no confidence of Denise Revels Robinson, the DSHS assistant secretary overseeing Children’s Administration.

Corrections committed unfair labor practice when it move transport crew from now-closed Pine Lodge

In an extraordinarily tough ruling, a hearings examiner May 10 found the Department of Corrections guilty of an unfair labor practice in a complaint brought by the Federation over how transport crews were treated during last year’s shut down of Pine Lodge Corrections Center for Women in Medical Lake.

The examiner with the Public Employment Relations Commission said DOC had no intent of considering ways to mitigate the effect of the closure of the prison on the correctional officer and sergeant transport positions.

The ruling came with “exceptional” penalties that included interest arbitration if bargaining doesn’t resolve the dispute within 60 days and awarding of attorneys’ fees to the union. The attorneys’ fees act as a “punitive remedy in response to egregious conduct, recidivist conduct or to frivolous defenses asserted by a party,” the examiner said.

The union contended that transport officers had a unique situation that in some ways meant they could have remained in the bargaining unit even when Pine Lodge itself closed. They may have been based at Pine Lodge, but they transported offenders to different facilities throughout Eastern Washington. The agency instead posted new positions at nearby Airway Heights Corrections Center, where transport crews moved prisoners mainly to and from that facility only. Airway Heights employees are represented by the Teamsters. The union contended and the examiner agreed moving the jobs to Airway Heights constituted skimming of bargaining unit work and giving it to another union’s members.

“I find that the employer committed an unfair labor practice by unilaterally removing the….transport positions at Pine Lodge….and by failing to bargain concerning the removal of those positions,” PERC Examiner Kenneth J. Latsch ruled.

“I further conclude that the employer skimmed the transportation positions without negotiations, and circumvented the union by posting transport positions in the employer’s Airway Heights facility before notifying the union.

“Finally, I find that the employer violated its duty to bargain in good faith by expressing a willingness to bargain about the changes to the transportation service while actually implementing the changes.”

While DOC committed an “unlawful activity,” the examiner said he didn’t have the authority to re-open Pine Lodge or restructure the transport work.

Instead, DOC must go back for substantive bargaining with the Federation over the effects of the agency’s actions on the former Pine Lodge transport workers. That could include such issues as back pay.

None of the transport workers got those jobs at Airway Heights. They lost the opportunity for overtime and other benefits tied to transport work. They positions they now hold pay less.

If the negotiations on impacts don’t wrap up within 60 days, the dispute will go to interest arbitration.

“In this case, the employer showed a complete lack of willingness to entertain any proposals concerning the inmate transport work that was lost when PLCCW closed,” the examiner concluded.

“Once the employer determined that the only way to address the situation was through a layoff procedure, it decided that there was no other alternative worth discussing. It is important to note that the employer’s attitude demonstrated that it had already made up its mind about the matter before bargaining could even begin, as evidenced in the premature posting of the positions at Airway Heights and (a supervisor’s) comments to the bargaining unit employees.

“Taken together, these factors indicate that an exceptional remedy like the awarding of attorneys’ fees is appropriate.”

Personnel director delays social worker title change to allow impact bargaining

Thanks to letters and phone calls from Federation social worker members and a union presentation today, state Department of Personnel Director Eva Santos this morning (May 12) delayed until August approval of the name change to the social worker series.

Santos took the action after Federation Executive Director Greg Devereux requested the postponement to allow required bargaining over the impacts of the name change and the new Social Worker title protection bill that the governor signed into law April 15. That law, ESSB 5020 takes effect Jan. 1, 2012.

DSHS asked Santos to approve the name change from social worker to social service case specialist. The agency argues the new title is broader and better encompasses the work performed by the current social workers.

But Devereux said bargaining over the impacts of the name change, especially in light of ESSB 5020, needs to take place first.

“Not only is the change proposed here today a seismic mental shift for our members, we also believe absent impact and contractual bargaining, it violates the (contract),” Devereux said at this morning’s DOP Director’s Meeting.

“Now that everyone knows the outcome of the title protection bill, we can move on with impact bargaining and complete our contractual mandate. We would like to do that without DSHS saying the train has already left the station at DOP.”

Santos made it clear while she will delay the matter until her Aug. 11 meeting, she does intend to approve the title change then.

The postponement allows bargaining over the impact of the separate legislation, too.

ESSB 5020 says that a person may only use the designation of “social worker” if the person is licensed by the Department of Health as a social worker, or has graduated with at least a bachelor’s degree from a social work educational program accredited by the Council on Social Work Education.

However, thanks to member testimony and communications with legislators and Federation lobbyists’ work, ESSB 5020 “grandfathered” in current state social workers. So the new certification requirement does not apply to state social workers on job before Jan. 1, 2012, so long as the person stays employed with the state.

Bills funding natural resource agencies signed into law

Local 1466 President Brian Yearout (left) shakes governor's hand after she signed the Discover Pass bill into law.

Gov. Chris Gregoire today (May 12) signed into law two bills to fund financially strapped natural resource agencies.

2SSB 5622 creates the Discover Pass to replace $71 million in funds as the state moves to user fees.

The proceeds from the $30 passes will go to fund state parks, the Wildlife Account in the Department of Fish and Wildlife and the Park Land Trust Revolving Account in the Department of Natural Resources.

Without this bill, more than 100 state parks were in danger of being closed.

On hand for the bill signing was Statewide Parks Local 1466 President Brian Yearout.

The governor also signed into law SSB 5385 to raise fishing and hunting licenses to fund the State Wildlife Account, which accounts for 25 percent to 30 percent of the Department of Fish and Wildlife’s budget.

Calls needed to oppose pair of bad corrections bills

We thank you for all the calls you’ve made to oppose SB 5891, the corrections bill that would release dangerous prisoners early and eliminate community custody for high-risk offenders.

But it’s apparent SB 5891 is going hand-in-hand with another bad bill, HB 2066, which would cut tolling in Community Corrections. Tolling is a technical term, but the issue is whether the clock stops when an offender violates his or her terms of community custody and goes back to jail. Right now, if they screw up, the clock stops and their community custody obligation resumes once they’re out of jail. Under HB 2066, the clock would keep ticking while they were back in jail – so a dangerous offender could purposely try to run out the clock in a comfortable jail cell and never get all the treatment and supervision they need. It’s a recipe for tragedy. HB 2066 has not even had a hearing.

May 10, 2011

Press blows whistle on legislature's contracting out schemes

The Tacoma News Tribune and The Olympian today ran front-page stories exposing the contracting out schemes of some legislators as they rush to reach a budget deal.

The Senate would privatize the motor pool and consolidated mail services in the Department of General Administration. The fight over residential habilitation centers is a battle over whether to keep state employees providing those services to developmentally disabled citizens or contract them out to lower-trained and less-paid private workers. Other plans would cherry pick collective bargaining rights for those information technology and other workers moving into the proposed new Consolidated Technology Agency – including the ability to invoke their rights on contracting out. And several proposals would expand contracting out of Child Welfare Services case management, which the union has challenged with a lawsuit and request for injunction, going before a judge Friday.

“These are things that government’s doing that there are 100-plus people in the private market that are capable of doing those kinds of services,” the paper quoted Sen. Joe Zarelli, the lead Republican budget negotiator. “Government’s not in the business to deliver services that are commonplace in the market.”

Under state law and the contract, Federation members have 90 days to compete for work the state proposes to contract out. Zarelli’s team would exempt “back-office” services from that provision.

“What is the harm of using this process where employees have an option to present their thoughts and suggestions?” the paper quoted Federation Contracting Compliance Manager Jeanine Livingston. “Without engaging in the dialogue with front-line staff, you’re cutting out a significant stakeholder that has the eyes and ears on the ground, so to speak.”

You can read the full Tacoma News Tribune story at: http://www.thenewstribune.com/2011/05/10/1659149/legislators-spoiling-for-fight.html

The newspaper notes the series of “Hotdogs and Hotlines” events now going on to generate phone calls and e-mails to legislators against the privatization schemes. See list of events here.

Meanwhile, the Federation has sent a strongly worded letter to all legislators urging them to honor the competitive contracting law, rules and contract language.

“The competitive contracting statute is designed to benefit taxpayers, not labor or management,” wrote Dennis Eagle, the Federation’s director of legislative and political action.

“If proponents really want what’s best for taxpayers, they should be willing to prove that contracting will save money or improve effectiveness,” he added. “Proponents should be willing to let employees do the work if we can do it cheaper or better, if cost savings is the real goal.”

New poll shows voter support to make it easier to end tax breaks

A new poll by KING TV in Seattle shows voters would be willing to remove the required two-thirds majority vote of the Legislature to end corporate tax breaks.

The poll showed that 55 percent of respondents support changing the definition of a tax increase to not include closing tax loopholes. Lawmakers say Initiative 1053 requires them to treat tax breaks like taxes.  So they’d need a two-thirds super majority to close any loopholes.

The KING 5 poll also showed that 61 percent of voters think the Legislature should consider reducing or ending tax breaks.

To read more, go to: http://makupfront.tumblr.com/post/5345818059/king-5-poll-voters-would-consider-making-it-easier-to

May 6, 2011

Being right isn't always enough - judge upholds furloughs

A judge Friday morning upheld the furloughs mandated by the 2010 Legislature, ending the union’s court challenge for now.

An appeal is permitted. The union’s two challenges in other venues remain alive. The unfair labor practice complaint goes to four days of hearing at the Public Employment Relations Commission in June. And the separate grievance is on hold pending the outcome of the ULP proceedings and the court case.

On the court case, Thurston County Superior Court Judge Christine Pomeroy granted the state’s motion for a summary judgment and dismissed the Federation’s basis for the lawsuit.

Pomeroy said there was no violation of the equal protection clause of the United States Constitution because there was a “rational relationship” between the Legislature’s policy bill calling for the 10 furlough days and budget language calling for savings from compensation through the furloughs, or temporary layoffs.

The judge also said the state’s actions did not impair the union’s General Government contract. She said taken as a whole, the contract’s article dealing with temporary layoffs did allow the state to impose the 10 furlough days because of a “revenue shortfall.” The union had argued that the contract provision allowed furloughs only for emergency financial situations and that the state knew since 2008 it had a budget problem. The state could have made up the $73.3 million in targeted savings by using a myriad of other options, the union argued.

The court decision affects only the furloughs that run through next month. It does not affect the negotiated flexible furloughs, or temporary salary reduction plan, in the 2011-2013 contract that is awaiting legislative ratification.

Union asks court to block illegal contractiong out by DSHS Children's Administration



The Federation on Thursday (May 5) asked a court to block the planned statewide contracting out of child welfare management services in DSHS Children’s Administration.



The Federation wants the court to simply call a time out to let its administrative and legal challenges play out. If DSHS is allowed to proceed, irreparable harm will be done, the union lawsuit says.



The union will go before a Thurston County Superior Court judge May 13 to ask for an injunction to block the contracting out until the union’s full lawsuit and unfair labor practice complaint filed April 20 are resolved.



The union argues it would be costly for taxpayers, detrimental to young children receiving child welfare services and unfair to employees if DSHS moves forward with its contracting out – and later is ordered to rescind it.



The Legislature in 2009 authorized two regional pilot projects to test the effectiveness of privatizing the Child Welfare Services case management. The results were to be evaluated in 2015. Only then would the state determine if statewide contracting out made sense.



But since then, DSHS has proposed fast-track expansion. The Federation contends that’s an end run around the law, bargaining rights and civil service rules.



“Civil service employees represented by the WFSE who are laid off will suffer the loss of their livelihood, at least temporarily, during tough economic times,” the union’s lawsuit says.



“Homes or automobiles lost because payments are not made cannot be recovered when the employee eventually receives back pay as a result of the illegal layoff.



“Contractors with illegal contracts that are set aside on the basis DSHS violated (the civil service and bargaining laws) may have legal redress at the taxpayers’ expense.



“Recipients of child welfare services, young children particularly, may suffer as a result of certain inconsistent child welfare services case management, if not management of less quality. It is also likely that a loss of vital services for the children and families DSHS servers will be experienced due to the requirement in the RFP (request for proposals) for additional administrative functions within the private agencies awarded such contracts that are to be funded within the existing limited service budget.”



In asking the court to place a temporary hold on the DSHS contracting out, the union argues the statewide privatization scheme is “not justified by savings or efficiencies” as required by law.

    “Neither the affected employees nor the WFSE, their representative, have been afforded the opportunity to offer alternatives to the purchase of case manager services” as required by law.



“The affected employees have not been afforded the opportunity to compete for the contract for such services” also as required by law.

Documents of interest:

May 5, 2011

Hotdogs and Hotlines - special session legislative events have started

Local 443 member Defrance Clarke at local's Public Service Recognition Week booth May 4 that generated hotline calls to "Blow the whistle on contracting out."

“Hotdogs and Hotline” events to generate hotline phone calls to blow the whistle on contracting out and to support your issues in the special legislative session have started.

The aim is to take the fight to worksites statewide. The schedule so far is below and posted online at http://takeaction.wfse.org.

If you want an event at your worksite, call Brandon Anderson at 1-800-562-6002.

AND….Don’t forget to keep calling legislators to oppose the expansion of contracting out in the budget, HB 1087, or in other legislation.

Call 1-800-562-6000:  Tell your legislators to respect and retain the current law on your contracting out rights. Contracting out is a cop out when there’s billions in tax loopholes to close.

Special Session Legislative Action Events/Hotdogs and Hotlines:
  • May 5: Rainier School, 11-1; DDD Field Office, Noon-1
  • May 6: SSCC, Noon-1; WSH, 11-1
  • May 10: Centennial Bldgs, 11:30-1
  • May 11: Yakima DSHS 16th Ave, 11-2; Mill Plain DSHS CSO, Noon-1
  • May 12: Morain Complex Kennewick, 11-2; DSHS Point Plaze East, 11:30-1; Maint WSH, 11-1; CFS Foyer WSH, 5:30-7
  • May 16: ESD White Salmon, Noon-1; HCA Woodland Park Square, 11:30-1
  • May 17:Everett DSHS, 11:30-1: Goldendale DSHS, Noon-1
  • May 18: Kent CSO, (time tba); Trades Phone Banking (location/time tba)
  • May 19: FHMC, Noon-2; East Vancouver DOC, Noon-1; DOL Blacklake Bldgs 1/2/3, 11:30-1; L931, L1221 (WSP and WS Archives) at Sutton Park in Cheney, 9-4
  • May 24: Tacoma DDD, 11:30-1; DOC ELG Bldg, 11:30-1