The Washington Federation of State Employees this morning (June 25) filed a lawsuit to block the state furloughs set to start July 12.
The motion for a preliminary injunction asks the Thurston County Superior Court to put the brakes on the 10 furlough days until a number of legal, constitutional and administrative issues can be sorted out.
The lawsuit alleges, in part, that the furlough plan violates the 14th Amendment’s equal protection clause and the state constitution’s guarantee of freedom from contract impairment.
The union also asks the court to freeze the furloughs so the grievance the union filed Tuesday and unfair labor practice complaint filed yesterday can be resolved. If the furloughs go forward before that happens, more damage could be done.
A hearing on the motion is expected July 2.
Bargaining with 23 agencies that chose to impose the full 10 furlough days is set for July 6 and 7. Bargaining with agencies that chose alternative plans hasn’t been set.
Meanwhile, members across the state this week are signing “Furloughs Hurt” petitions to the governor. You can fill out the petition online.
June 25, 2010
June 24, 2010
Governor's proposes "transforming" state budget with more contracting out, downsizing; hints at cuts to health care, pensions, and workers' comp
Gov. Chris Gregoire today unveiled her grand plan to transform the state budget in the face of another $3 billion deficit.
Don’t get us wrong. We have to think outside the box to save funding for vital state programs.
But the governor proposes dusting off former Gov. Gary Locke’s “Priorities of Government” structure. But she set the agenda with a 20-page report that makes the case for more privatization of state services, closures of institutions and health insurance cuts—without any mention of your bargaining rights under the law or the $1 billion you’ve already sacrificed in pay cuts, health cuts, pension cuts and job cuts.
And she’s put together a select committee to oversee this “Son of POG” scheme. There are three labor reps, but the Federation was not invited to participate. There are a few other labor-friendly members, but it has quite a few pro-business and anti-state employee members, including a couple of anti-state employee think tankers and Sen. Joseph Zarelli.
It is a sad day when an effort to "transform" the budget appears to be nothing more than cover for cuts that make no fiscal or common sense.
Hearings will be held around the state. The first and so far only announced date is July 19 in Tacoma.
Don’t get us wrong. We have to think outside the box to save funding for vital state programs.
But the governor proposes dusting off former Gov. Gary Locke’s “Priorities of Government” structure. But she set the agenda with a 20-page report that makes the case for more privatization of state services, closures of institutions and health insurance cuts—without any mention of your bargaining rights under the law or the $1 billion you’ve already sacrificed in pay cuts, health cuts, pension cuts and job cuts.
And she’s put together a select committee to oversee this “Son of POG” scheme. There are three labor reps, but the Federation was not invited to participate. There are a few other labor-friendly members, but it has quite a few pro-business and anti-state employee members, including a couple of anti-state employee think tankers and Sen. Joseph Zarelli.
It is a sad day when an effort to "transform" the budget appears to be nothing more than cover for cuts that make no fiscal or common sense.
Hearings will be held around the state. The first and so far only announced date is July 19 in Tacoma.
BULLETIN: WFSE/AFSCME charges state with unfair labor practice (ULP) over furloughs
The Federation late today (June 24) filed an unfair labor practice complaint charging the state with a number of law and bargaining violations over the plans to furlough state employees on 10 days starting July 12.
The complaint charges the state with dragging its feet on bargaining over the issue, then trying to jam the union with hasty negotiations.
“Instead, the state first drug its feet regarding bargaining, and then insisted bargaining had to take place on short notice and without the WFSE having been provided any meaningful or useful information regarding which employees were considered exempt,” the complaint alleges.
The complaint charges the state with a direct attempt to “discredit and undermine” the Federation by negotiating with other unions but not the Federation. Some agencies also contacted employees directly about furloughs, which is illegal “direct dealing” that violates collective bargaining obligations.
Finally, the union alleges the state, in effect, is using the furlough days as a ploy to take work away from bargaining unit employees and give it to non-bargaining unit workers. That is called illegal “skimming” of work.
“The totality of the state’s actions…constitutes a refusal to bargain and an interference with employee rights guaranteed by” law, the complaint says.
The unfair labor practice complaint was filed with the Public Employment Relations Commission.
The filing of the unfair labor practice complaint comes two days after the Federation filed a grievance against the furloughs on other grounds.
Meanwhile, members across the state this week are signing “Furloughs Hurt” petitions to the governor. You can fill out the petition online here.
The complaint charges the state with dragging its feet on bargaining over the issue, then trying to jam the union with hasty negotiations.
“Instead, the state first drug its feet regarding bargaining, and then insisted bargaining had to take place on short notice and without the WFSE having been provided any meaningful or useful information regarding which employees were considered exempt,” the complaint alleges.
The complaint charges the state with a direct attempt to “discredit and undermine” the Federation by negotiating with other unions but not the Federation. Some agencies also contacted employees directly about furloughs, which is illegal “direct dealing” that violates collective bargaining obligations.
Finally, the union alleges the state, in effect, is using the furlough days as a ploy to take work away from bargaining unit employees and give it to non-bargaining unit workers. That is called illegal “skimming” of work.
“The totality of the state’s actions…constitutes a refusal to bargain and an interference with employee rights guaranteed by” law, the complaint says.
The unfair labor practice complaint was filed with the Public Employment Relations Commission.
The filing of the unfair labor practice complaint comes two days after the Federation filed a grievance against the furloughs on other grounds.
Meanwhile, members across the state this week are signing “Furloughs Hurt” petitions to the governor. You can fill out the petition online here.
June 22, 2010
BULLETIN: WFSE/AFSCME files grievance over furloughs
The Federation today (June 22) filed a grievance against the state to put the brakes on furloughs.
The union in effect charges the state with actually imposing “extra” furlough days because the 10 furlough days would supposedly net more savings than mandated in the furlough law. With no loss of funding or revenue shortfall, the state can’t impose all of the furlough days and violates the contract, the grievance says.
The grievance signed by Federation Executive Director Greg Devereux also seeks to ensure that employees exempted by the furlough law are not forced to take furloughs. The union alleges the state has targeted some exempt employees for the furloughs.
The first of 10 mandatory furlough days is set for July 12.
The grievance responds to the state’s June 2 memo saying 23 agencies would not propose alternatives and would take the 10 furlough days in the law. Those agencies are:
The grievance was filed with the state Labor Relations Office. To expedite the process, both sides agreed that the grievance will move directly to LRO Director Diane Leigh or her designee.
Check here for further updates as this grievance moves and other actions the union may take this week.
Meanwhile, members across the state this week are signing “Furloughs Hurt” petitions to the governor. You can fill out the petition online here.
That’s it for now.
The union in effect charges the state with actually imposing “extra” furlough days because the 10 furlough days would supposedly net more savings than mandated in the furlough law. With no loss of funding or revenue shortfall, the state can’t impose all of the furlough days and violates the contract, the grievance says.
The grievance signed by Federation Executive Director Greg Devereux also seeks to ensure that employees exempted by the furlough law are not forced to take furloughs. The union alleges the state has targeted some exempt employees for the furloughs.
The first of 10 mandatory furlough days is set for July 12.
The grievance responds to the state’s June 2 memo saying 23 agencies would not propose alternatives and would take the 10 furlough days in the law. Those agencies are:
Agriculture; Arts Commission; Commerce; Corrections; Criminal Justice Training Commission; Social and Health Services; Early Learning; Ecology; Employment Security; Fish and Wildlife; General Administration; Health; Health Care Authority; Human Rights Commission; Information Services; Labor and Industries; Licensing; Office of Minority and Women’s Business Enterprises; Recreation and Conservation Office; Services for the Blind; Utilities and Transportation Commission; Veterans Affairs; and Workforce Training and Education Board.The grievance alleges the state violated the General Government contract article on Layoff and Recall, specifically Article 34.6 on temporary reduction of work hours or layoff.
The grievance was filed with the state Labor Relations Office. To expedite the process, both sides agreed that the grievance will move directly to LRO Director Diane Leigh or her designee.
Check here for further updates as this grievance moves and other actions the union may take this week.
Meanwhile, members across the state this week are signing “Furloughs Hurt” petitions to the governor. You can fill out the petition online here.
That’s it for now.
June 21, 2010
Cause of action exists on unfair labor practice (ULP) over agency-specific (supplemental) bargaining; ball in state's court
It took just three days, but a state commission asked to referee the dispute over agency-specific bargaining ruled Friday that a cause of action exists against the state.
The Public Employment Relations Commission has given the state 21 days to answer the allegations in the unfair labor practice complaint filed June 15 by the Washington Federation of State Employees.
The PERC ruling means the Federation’s unfair labor practice complaint has quickly cleared its first hurdle.
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.
Keep posted for further hotline updates this week.
The Public Employment Relations Commission has given the state 21 days to answer the allegations in the unfair labor practice complaint filed June 15 by the Washington Federation of State Employees.
The PERC ruling means the Federation’s unfair labor practice complaint has quickly cleared its first hurdle.
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.
Keep posted for further hotline updates this week.
June 16, 2010
State violated law by refusing to bargain agency-specific issues, union says; asks state commission to referee - quickly
The union today told state negotiators to their face that the state had broken the law by refusing to negotiate on agency-specific issues important to large segments of Federation members.
PICTURED RIGHT: General Government Bargaining Team delegation gather at PERC June 15 to file the unfair labor practice complaint over the state's refusal to full bargaining on agency-specific (supplemental) issues. From left: Ken Blair, Craig Gibelyou, Carol Dotlich, Marci Douglas-Bumgarner, Sue Henricksen, Steve Segall, Gabe Hall and Don Hall.
PICTURED RIGHT: General Government Bargaining Team delegation gather at PERC June 15 to file the unfair labor practice complaint over the state's refusal to full bargaining on agency-specific (supplemental) issues. From left: Ken Blair, Craig Gibelyou, Carol Dotlich, Marci Douglas-Bumgarner, Sue Henricksen, Steve Segall, Gabe Hall and Don Hall.
Hours later, the union formally asked a state commission to referee the dispute quickly and order the state to negotiate on agency-specific (“supplemental”) issues away from the main General Government Bargaining Team table.
Federation President Carol Dotlich and a delegation from the General Government team filed the formal unfair labor practice complaint shortly after noon with the Public Employment Relations Commission in Olympia.
The filing of the formal unfair labor practice complaint came the same day the union presented its initial contract proposal to the state (see below).
But before the union explained that initial proposal, Federation Chief Negotiator Cecil Tibbetts told state negotiators it was “regrettable” the state had refused to full negotiations on agency-specific issues.
“We believe that (agency-specific bargaining) is critical,” Tibbetts said. “We believe the state is violating the law.”
At issue is the provision in the 2002 collective bargaining law that allows agency-specific (what the law calls “supplemental”) bargaining.
The union is pushing hard on this issue. In previous bargaining cycles, agency-specific issues were bargained at the main General Government table. By not bargaining those issues at smaller, agency-specific tables, the state was able to do two things. They could run out the clock on issues affecting most members. Or issues affecting members in one agency got pushed aside as the clock ran out. (The law calls for negotiations to wrap up by Oct. 1.)
The union has spent most of this spring at the table and away from the table trying to persuade the state to agency-specific bargaining. Members in eight agencies or agency groups submitted agency-specific (supplemental) items. The union has eight agency-specific teams in place, ready to go with bargaining away from the main table.
Those teams are: Transportation, Parks, Corrections, Fish and Wildlife, Ecology, Agriculture, 24-Hour Institutions and Department of Social and Health Services Field Agencies.
The formal unfair labor practice complaint includes a chronology of the state’s back and forth with the union. One day they agreed to agency-specific negotiations in one area; on another, they wouldn’t.
The unfair labor practice complaint comes in the wake of the union’s conscientious attempt June 9 and 10 to agree to a process allowing agency-specific bargaining. But the state insisted that both sides had to agree on issues to send to an agency-specific table. The Federation objected to what amounted to “filtering” by management. Instead the union proposed that both sides should present agency-specific issues that would go to a smaller table. In the union’s proposal, any issue not agreed to at a smaller table could be bumped back to the main General Government table.
After that, the state refused to the Federation’s reasonable, collaborative process. The state would only agree to agency-specific bargaining for 24-Hour Institutions.
It adds up to “bad-faith bargaining,” the union said.
“The WFSE believes and therefore alleges that the employer’s refusal to engage in supplemental bargaining on agency-specific issues, away from the master table, effectively denies the WFSE any meaningful collective bargaining on agency-specific issues, especially with the Oct. 1, 2010 deadline the employer insists upon, but even without such a deadline, given the number, scope and extent of issues specific to the many state agencies represented by the WFSE…,” the union’s unfair labor practice complaint said.
“The state’s insistence on bargaining all (or all but one) agency-specific supplemental bargaining at one master table is, at worst, an intentional tactic to avoid bargaining mandatory subjects, or, at best, a tactic which the state is fully aware will result in the parties not being able to bargain these issues.”
The union asks the commission to expedite a hearing on its unfair labor practice complaint well before the clock is supposed to run out Oct. 1.
All-out assault on furloughs moves
There’s a lot we can’t tell you in writing about how the union is challenging the 10 furlough days being imposed by the state.
You know that the Federation has filed a demand to bargain.
Today (June 15) the Federation asked the state Labor Relations Office to bargain the issue July 6 and 7. That will allow the union time to get accurate information from the agencies that have announced they will furlough. For instance, DSHS submitted more than 400 pages of names, then provided a different list with no indication of differences between the two. Labor and Industries sent a list with 2,250 names, then told the union there were errors. But as of now, we have not received a corrected list. We expect the same snafus with the other 20 agencies that will implement furloughs. So we need the time to figure out who is targeted so we can adequately bargain the impacts. Furloughs would take money from a good chunk of the state workforce. The state needs to take accurate information seriously.
The union has asked for your personal intelligence from your agency as evidence in planned challenges. Continue to let us know what your agency is saying, especially any talk where your agency wanted to find alternatives to furloughs but was blocked by the governor’s budget office. The reams and reams of intelligence you’ve already provided have been priceless. Keep it coming. E-mail us at: info@wfse.org.
Most agencies, especially those under the governor’s control, have announced they will impose the 10 furlough days starting July 12. DSHS dropped a bombshell last Friday by releasing 400 pages with the names of DSHS employees targeted for the furloughs. They did not bargain to reduce or eliminate harmful impacts. This is unacceptable. If you believe your job class is exempt under the law -- that it’s a quote unquote “emergent” or “essential” position -- please get a copy of your position description form to your Federation Council Representative to forward to Federation Headquarters in Olympia.
Other agencies, most not under the governor’s control, have announced they will not do furloughs. Those include the Parks and Recreation Commission and the Department of Natural Resources.
Watch for other actions.
And stay tuned here. Many options are close to breaking. But for strategic reasons, we can’t discuss them publicly.
You know that the Federation has filed a demand to bargain.
Today (June 15) the Federation asked the state Labor Relations Office to bargain the issue July 6 and 7. That will allow the union time to get accurate information from the agencies that have announced they will furlough. For instance, DSHS submitted more than 400 pages of names, then provided a different list with no indication of differences between the two. Labor and Industries sent a list with 2,250 names, then told the union there were errors. But as of now, we have not received a corrected list. We expect the same snafus with the other 20 agencies that will implement furloughs. So we need the time to figure out who is targeted so we can adequately bargain the impacts. Furloughs would take money from a good chunk of the state workforce. The state needs to take accurate information seriously.
The union has asked for your personal intelligence from your agency as evidence in planned challenges. Continue to let us know what your agency is saying, especially any talk where your agency wanted to find alternatives to furloughs but was blocked by the governor’s budget office. The reams and reams of intelligence you’ve already provided have been priceless. Keep it coming. E-mail us at: info@wfse.org.
Most agencies, especially those under the governor’s control, have announced they will impose the 10 furlough days starting July 12. DSHS dropped a bombshell last Friday by releasing 400 pages with the names of DSHS employees targeted for the furloughs. They did not bargain to reduce or eliminate harmful impacts. This is unacceptable. If you believe your job class is exempt under the law -- that it’s a quote unquote “emergent” or “essential” position -- please get a copy of your position description form to your Federation Council Representative to forward to Federation Headquarters in Olympia.
Other agencies, most not under the governor’s control, have announced they will not do furloughs. Those include the Parks and Recreation Commission and the Department of Natural Resources.
Watch for other actions.
And stay tuned here. Many options are close to breaking. But for strategic reasons, we can’t discuss them publicly.
General Government bargaining team presents initial contract proposal
Last week, the state presented its initial contract proposal for the 2011-2013 collective bargaining agreement.
Today (June 15), the Federation presented its initial plan. It included changes to such articles as Workplace Behavior, Hours of Work, Overtime, Vacation Leave, Grievance Procedure, Seniority, Layoff and Recall and Classification. Many compensation issues, with “placeholders” for proposals yet to come, were also presented.
The rules in the contract don’t allow us to publicly discuss the details of proposals. But the team wants to stress that you very much are at the table in spirit. The hundreds of proposals you submitted last fall guided the union’s initial proposal. And now negotiations will be guided by results of the bargaining priorities survey that you got in the mail. They must be received at Federation Headquarters by June 21. Or take it online at www.wfse.org > Bargaining > General Government.
The team worked into the evening further evaluating management’s proposals. Questions on the union’s proposal are expected from management Wednesday.
Then both sides are scheduled to return to the table July 8 and 9.
Today (June 15), the Federation presented its initial plan. It included changes to such articles as Workplace Behavior, Hours of Work, Overtime, Vacation Leave, Grievance Procedure, Seniority, Layoff and Recall and Classification. Many compensation issues, with “placeholders” for proposals yet to come, were also presented.
The rules in the contract don’t allow us to publicly discuss the details of proposals. But the team wants to stress that you very much are at the table in spirit. The hundreds of proposals you submitted last fall guided the union’s initial proposal. And now negotiations will be guided by results of the bargaining priorities survey that you got in the mail. They must be received at Federation Headquarters by June 21. Or take it online at www.wfse.org > Bargaining > General Government.
The team worked into the evening further evaluating management’s proposals. Questions on the union’s proposal are expected from management Wednesday.
Then both sides are scheduled to return to the table July 8 and 9.
Call 877-442-6801 - urge YES on Senate Jobs Bill (HR 4213).
KEEP CALLING ON FEDERAL JOBS BILL
Call your U.S. senators toll-free at 1-877-442-6801 and urge them to vote YES! on the Senate Jobs Bill (H.R. 4213). This bill will prevent more layoffs and public service cutbacks.
Call your U.S. senators toll-free at 1-877-442-6801 and urge them to vote YES! on the Senate Jobs Bill (H.R. 4213). This bill will prevent more layoffs and public service cutbacks.
June 11, 2010
Without negotiation, DSHS to release the names of those targeted for furloughs at noon today
6/11/10 HOTLINE BULLETIN
Without negotiating yet, the Department of Social and Health Services this morning dropped a bombshell and announced they will unilaterally post online the names of DSHS employees targeted for 10 furlough days starting July 12.
Negotiations must take place and our goal as it has been all along is to reduce the number of employees affected—and persuade the governor’s budget office to stop blocking agencies who want to offer alternatives to furloughs.
And of course we’re challenging the furloughs in many other arenas. When those developments take place soon, you will know.
Negotiations must take place and our goal as it has been all along is to reduce the number of employees affected—and persuade the governor’s budget office to stop blocking agencies who want to offer alternatives to furloughs.
And of course we’re challenging the furloughs in many other arenas. When those developments take place soon, you will know.
On the DSHS list, here are a couple of important things you need to know and do:
- Negotiations must take place. Any list of names will change. Please keep that in mind. It’s hard to be patient when invoking your rights.
- DSHS has not given any clear indication of which job classes are exempt from the furlough law and which are not.
- If you believe your job class is exempt under the law -- that it’s a quote unquote “emergent” or “essential” position -- please get a copy of your position description form to your Federation Council Representative to forward to Federation Headquarters in Olympia.
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