Hearing date for union's unfair labor practice (ULP) complaint over agency-specific (supplemental) bargaining may be set soon

An upcoming conference call may yield a hearing date for the Federation’s unfair labor practice complaint over agency-specific (supplemental) issues.

That conference call will be convened by the Public Employment Relations Commission. The Federation and state will hash a number of preliminary issues.

The commission on June 18 determined a cause of action exists. The union alleges the state has violated the law by not agreeing to negotiations on agency-specific issues away from the main General Government bargaining table. When those issues are rolled into the main negotiations, they sometimes get pushed aside as the clock runs out toward the Oct. 1 deadline the state relies on.

The state earlier did agree to agency-specific bargaining for Institutions. The Federation’s Institutions Supplemental Bargaining Team met July 14 to prepare for negotiations.

Furlough negotiations to enter fourth day

Nothing’s ever easy, especially when you’re fighting the ill-advised state furlough plan. Thursday’s (July 15) negotiations over the impacts of the furloughs ended with management requesting time to review the union’s third counterproposal. A fourth bargaining session will be scheduled. We’ll let you know when that is.

The bargaining is at a delicate point so we don’t want to say too much that would paint anyone into a corner when the goal is to get a fair settlement. But it’s safe to say the union team is fighting for an agreement that, among other things, addresses the inequities faced by those with alternate work schedules. For instance, those who work four 10-hour days lose 10 hours of pay on a furlough day. Those working straight 8-hour days lose two hours less. It’s one of those situations where many members may have moved to a 4-10 or other alternate schedule to help the state meet its commute trip reduction goals to keep cars off the road. Now those employees are getting whipsawed by furloughs.

Your team is also adamant about protecting your rights to seek the best avenue for retroactive justice—the lawsuit, unfair labor practice complaint and grievance filed by the Federation. A judge blocked the union’s motion to immediately freeze the furloughs. So those furloughs will take place – for the time being – as well as the union’s lawsuit. No date has been set for trial.

Save Maple Lane School forum July 21

All Federation members are invited to attend next Wednesday’s public forum in Centralia to reverse the phased-in plan to phase-out the Maple Lane School for juvenile rehabilitation.

The SAVE MAPLE LANE SCHOOL FORUM will be next Wednesday, July 21, Centralia Community College, Corbet Theater, Washington Hall, 600 Centralia College Road. 6 p.m. Reception; 7 p.m. Forum.

Transforming State Government hearings start Monday

The governor’s stacked-against-state-employees budget transformation commission holds the first of its four hearings Monday in Tacoma. Federation members are urged to wear your green t-shirts and show up to challenge some of the ill-advised budget cutting ideas being proposed.

Here's the schedule:

July 19 – Tacoma, 7-9 PM, (UWT-William W. Phillip Hall, Milgard Assembly Room, 1900 Commerce Street)

July 21 – Everett, 7-9 PM, (Everett Community College, Parks Building, Multi Purpose Room, 2000 Tower Street)

July 27—Vancouver, 7-9 PM, (WSU-Vancouver, Administration Building Room 110, 14204 NE Salmon Creek Avenue, Vancouver)

July 29—Spokane, Time TBA, (Spokane City Hall, City Council Chambers, 808 W. Spokane Falls Boulevard)

Kyron Horman's grandfather in need of shared leave

This is a plea for help in a tragic story you’ve all heard and read about. It comes from Neil Horman, a DSHS worker in IT.

The statement Neil authorizes:On June 4, 2010 my grandson, Kyron Horman, disappeared from his school in Oregon. In order to support the family, my wife and I went to Oregon. This burned all my leave time and more. This situation is extremely stressful and the upset continues. I am making it to work as I can but this is an ongoing tragedy and we have dramatic ups and downs.

As the investigation continues my wife and I may have to return to Oregon. We simply do not know what to expect.

As time goes on we hope that Kyron will be found and we can rejoice. In the mean time we are still in dynamic flux and we could use your help if possible.

If you can help Neil with a donation of eligible unused annual leave or sick leave or all or part of your personal holiday, contact your human resources representative.

By the way, we are confirming, but we believe from the information DSHS has provided us that Neil is one of the workers subject to furloughs. If true, that truly adds insult to a great injury.

More shared leave requests are at the end of this message.

General Government bargainers see movement on some key articles a they embrace results of members surveys

The General Government Bargaining Team made more progress on the next contract taking effect next July – while joining the all-out fight on furloughs that start next week.

The team reached tentative agreement on one article during two days of bargaining Thursday and Friday and is making headway on several other key articles. They return to the table July 21 and 22.

Meanwhile, the team got a good read of membership bargaining priorities as they pored over the results of the survey sent out to General Government members last month.

More than 10 percent of General Government members (2,847) took part in the survey. Most direct mail surveys get only a 2 percent response. More than 90 percent of the responses came in by mail. Just under 6 percent also took the survey online and just under 4 percent came in from job actions, lunch ‘n’ learns, desk drops and local meetings.

Here are the top priorities (in rank order) that you identified for the General Government team:

1.    Affordable health care
2.    Addressing pay inequities
3.    Strong seniority rights
4.    Workload and work schedules
5.    Compensatory time/call-back/overtime/shift differential
6.    Contracting out restrictions
7.    Agency-specific (supplemental) issues

The rest of the priorities were basically tied: stronger job classification language; improved probationary/trial service rights; workplace health, safety, anti-bullying protection; hiring/transfer procedures; leave and leave scheduling; and strong grievance/arbitration procedure.

In addition, the team reviewed 39 pages of comments written by survey respondents.

The major comment theme: Members hate furloughs.

The first furlough day is Monday. Many furloughed members will take to the street with pickets to explain to taxpayers and clients why they can’t help them that day.

A judge last week denied the union’s request for an immediate halt to the furloughs. So legal, administrative and bargaining challenges continue with an eye toward mitigating the remaining furlough days and gaining retroactive relief.

As the judge hinted, if the union ultimately prevails, the state could be forced to pay back lost wages to furloughed employees.

The lawsuit is awaiting a hearing date in Thurston County Superior Court.

The unfair labor practice complaint is pending before the Public Employment Relations Commission, but may be moved to Superior Court.

The union’s grievance is also in the pipeline.

And bargaining continues July 15 to mitigate the effects of the furloughs. On Thursday, special subcommittees of the furlough bargaining team managed to exempt more employees from the furloughs in the Department of Health and the Department of Corrections. The union prevailed in arguing that the employees met the exemption criteria in the furlough law. As of late Friday, the union was still waiting word from the Department of Social and Health Services on further exemptions there.

There may not be speedy relief, but the union at all levels is committed to winning relief and justice.

And furloughs will also stand trial in the court of public opinion. Once the media and the pundits do their homework and see the harmful effects as furlough days go into play, they’ll get it. Here’s what one blog commentator wrote in response to an editorial in The Columbian lambasting the union for fighting the furloughs:

“It is sad when a once respected newspaper joins the herd and falls for the furlough farce passed by the Legislature hook, line and sinker. If The Columbian had done its homework, its readers would know that the furlough plan actually costs $94 million in lost federal funds, will incur huge overtime costs (just as in Oregon) and was about making a political statement rather than saving money. Please!”

And we’ve received word that one welfare office in Pierce County will be open with staff working tomorrow, Saturday—working overtime to make up for the mandatory furlough on Monday! You can’t furlough the demand for state services.

Look for more media stories on Monday and throughout the “furlough farce” era.

Watch your mail for a General Government Bargaining Update summarizing your bargaining priorities from the survey and other negotiation news.

HEALTH CARE

The General Government Bargaining Team joined several other Federation team in electing its representatives on the Health Care Coalition, the Federation-led group of all state employee unions, that bargains the article in all contracts on health benefits funding.

The three General Government reps are: Craig Gibelyou, Local 793, Western State Hospital; Gabe Hall, Local 862, Green Hill School; and Don Hall, Local 1466, State Parks.

A date hasn’t been confirmed, but Aug. 2 is a tentative date for the start of health care negotiations.

Steve Kreisberg, AFSCME’s collective bargaining director, who was lead negotiator on the last two General Government contracts, will return to lead the union side of the table in the health care negotiations, Federation President Carol Dotlich told the General Government team Friday. Kreisberg headed those talks in 2006 when the union discovered the state had improperly diverted health funds. That brought a settlement worth $55 million that paid out $756 to each member in 2007.

Furlough negotiations to continue; push on to correct list of affected employees improperly left off exempt list

This is a special update of the Federation Hotline at about midnight, 7/8/10

The governor’s office and state negotiators got an earful on furloughs Wednesday.

Nearly 2,000 “No FurloUGHs” petitions were delivered one-by-one and spread across the governor’s office’s newly refinished conference room table. The special furlough bargaining team, joined by the Community College Coalition Bargaining Team, gave the individually signed petitions to the governor’s chief of staff, Jay Manning, during the Wednesday lunch break. They then pelted Manning with questions about the furlough farce that will actually cost $94 million in lost federal matching funds, run up huge overtime costs (just as in Oregon) and make a political statement rather than saving any money.

Meanwhile, the special furlough bargaining team wrapped up its scheduled two days of bargaining on the impacts of the furloughs set to start Monday, July 12. The union demanded the negotiations to effectively mitigate the impact of furloughs on thousands of members—if furloughs could not be blocked quickly.

Wednesday’s talks stretched to 15 hours. There was some movement on such issues as how to deal with those on alternative work schedules who stand to lose more than eight hours of pay on a furlough day.

But both sides could not reach agreement so negotiations will continue on a comprehensive agreement. That will come July 15, after the first furlough day. Management made it clear it was too late for any agreement to take effect July 12. That harsh reality arose July 2 after a Thurston County Superior Court judge rejected the union’s motion for an injunction, and instead sent the Federation legal challenge to a full trial. No date has been set yet.

So the focus now is on affecting the next scheduled furlough day, Aug. 6, and the others that come after that.

The union did not concede that furloughs are OK, even as the July 12 furloughs will go forward. The union’s bargaining, lawsuit, grievance and unfair labor practice complaint may take time to bring justice. But as the judge suggested last week, the state might be forced to reimburse affected employees for any lost wages caused by furloughs if down the line the union prevails in its many efforts.

But tensions ran high Wednesday as an early management proposal struck the union team as an insult to affected members.

So, the negotiations on an overarching memorandum of understanding to mitigate furloughs continue July 15.

The more immediate talks to correct the list that improperly targets for temporary layoffs some employees exempted from furloughs in Health, Corrections and Social and Health Services continue today with special subcommittees still being formed late Wednesday night. The outcome of those negotiations would take effect on the July 12 furlough day.

Job actions and all the other legal and administrative actions continue as well.

Bargaining shifts gears Thursday and Friday as the General Government Bargaining Team returns to the table.

That’s it for now.

WFSE/AFSCME's furlough bargainers deliver petitions to governor; all 1,891 signers have names read as chief of staff looks on

WFSE/AFSCME President Carol Dotlich (right) reads the names of each of the 1,891 members who signed "FurloUGHs URT" petitions as the union's special furlough bargaining team deposits them on the newly refinished conference table in the governor's office.

The governor's chief of staff, Jay Manning (left) looks on and responds to the team's on-point questions about the furloughs that will cost $94 million in lost federal funds, incur huge overtime costs and harm public access to state services.

The special furlough team delivered the petitions, joined by members of the Community College Coalition Bargaining Team, during a lunch break on the second day of negotiations over the furloughs set to start Monday.

"This isn't about us--it's about the people we serve," said furlough bargaining team member Julianne Moore, Local 1326, Yakima Valley School (foreground).

Federation’s motion to halt furloughs until decisions are reached on grievance and unfair labor practice charges is denied

Thurston County Superior Court Judge Richard Hicks ruled the Federation did not meet the burden of proof,  but called it a close case.

Judge Hicks wrestled with Federation’s argument that the state was failing to participate in meaningful bargaining and agreed there was an inequity - adding “the employer should initiate bargaining.”

The judge implied that the implementation phase of the furlough bill, 75 days after its passage, might not provide the time necessary for meaningful bargaining of the impacts.  However, “the judicial branch should be slow to interfere with the legislature and executive branch’s” attempt to implement the bills.

On the issue of injury, the judge stated “substantial, if it’s your paycheck,” and “collateral” affecting morale not only between the union and its members but also between the workforce and management.  But for the injunction to be applied to stop implementation of the furloughs on July 12, there must be proof of irreparable injury and because the employee could possibly be compensated later on from the grievance and/or ULP rulings, the motion was not granted.

Thurston County Superior Court Judge Richard Hicks ruled the Federation did not meet the burden of proof, but capped his remarks off with “a ruling like this does not make me happy.”

BULLETIN: PERC finds cause of action exists on furlough ULP

PERC issues a preliminary ruling finding cause of action exists on the Federation' furlough ULP.  The state has 21 days to answer the charges. 

The next step is for PERC to assign an examiner and set a hearing date. 

• Read the PERC ruling here.