Warning! Deadly new Virus Alert

Government virus warning!

*** VIRUS ALERT *** "The "Government Virus" has been found to be spreading. Courtesy of a conservative think tank, I interrupt this Blog to bring you a warning. You may think that losing your job, your home, running out of unemployment, and losing your health care are bad things. If you think these things are bad. You are at risk! You may already be a carrier! You need tax cuts!

The virus starts slowly. You start to feel a need to eat every day. You see your kids pants cuffs six inches above their ankles and your grow sad for no reason. Living in your car doesn't feel good any longer. During the final stages you have insatiable cravings to own a home and have a job. The virus has started.

There is only one way to stop the infection. Tax Cuts! Don’t ask for any services from Government. This is how the virus spreads. Whenever possible avoid government immediately. Do not complain about a closed motor vehicle office. Don’t worry about not having State cops or elevator inspectors! Do not complain to your legislators about a lack of service! Learn self control.

Opening the door to the government virus will erase every penny from your wallet, drain your kids college fund and empty your change jar.

Asking for services from the State will reprogram the stripes on your credit and ATM cards, and make deposits to State programs that you don’t support like education even if you don’t have kids. Asking for government services on the web will let the government use subspace field harmonics to scratch any CD's you attempt to play and erase your hard drive.

Contact with government will turn off your refrigerator so all your ice cream melts and your milk curdles, while doubling your electricity bill..
It will program your phone to text the Democratic National Committee with automatic donations.

Government will mix antifreeze into your fish tank and have the DEP fine you for throwing out the dead fish. Government will tax and then drink all your beer.
Government will leave Planned Parenthood booklets on the coffee table when you are expecting company.

Government will allow gays to have special rights which will immediately cause you to get a divorce, beat your spouse, give up on God and hate your kids.

Government will grow your ear hair into a pony tail.
Government will replace your shampoo with Nair and your Nair with Rogaine, all while sending your current boy/girlfriend pictures of any other “friends” you might have along with copies of your hotel bills.
Government changes all the pre-set buttons on your radio to NPR.

Government will give you diseases you can’t spell to sell you government health care. You could be break out in ugly "rationality" spots before you know it.
Government will send copies of your internet browsing history to your wife or husband and your employer….. With pictures.

If Government is not stopped it will it will leave the toilet seat up and leave your hair dryer plugged in next to a full bathtub. Government will let the dog onto the couch.

Government will replace your instant coffee with Latte mix.
Government will replace all your luncheon meat with Spam. It will replace all your Email with Spam.

It will molecularly rearrange your cologne or perfume, causing it to smell like Bill Clinton on a hot day, near an intern. All of your internet favorites will be changed to left wing Blogs.

An experimental cure is being tried but it is too early to judge the results. Some people are taking all their money, finding an unlocked Mercedes and stuffing all the cash in the car as a last ditch effort. Maybe there is hope.

The Government virus is insidious and subtle. It is dangerous and terrifying to behold. It is also a rather interesting shade of blue.

These are just a few signs of infection.

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Who Do You Want on Your Jury?

State Employees continue to be judged in the press, no on the bottom line. When a politician wants cover, they just fire a few or a lot of State Employees regardless of the real or imagined savings.

Now back to the east coast and what is happening with Unions and State governments in New England.

In New Hampshire SEIU Local 1984 has been in discussion with Gov. John H. Lynch about the 2010-2011 budget.

Gov. Lynch has proposed laying off 250-300 State employees.

SEA in N.H. and MSEA in Maine are trying to show the serious impact these proposals would have on their states.They are both trying to work with, not against the State to find savings.

The State Employees in New Hampshire have committed to working with the Governor and Legislature to seek ways to reduce costs. I hope their Governor and their legislature are not also among the hearing challenged when it comes to working with State employees rather than against them.

New Hampshire estimates the State deficit at $500 million to $1 billion without drastic cuts.

This is where it feels like looking in a mirror. Cut funds for the sick and needy while making some contractors rich.

New Hampshire would:

• Lay off 250-300 State employees; the largest cuts coming in the Department of Health and Human Services and the Department of Corrections
• 
  
• Cut funding for nearly 400 vacant positions, always a budget tactic and maybe the only sign of government pre-planning (having vacancies to cut) that you can find.

• Closing the Tobey School. The Tobey School, similar to the soon to be closed Levinson CenterMaine, is an alternative day and residential school for students identified as educationally disabled. Almost exactly like Maine there will be an estimated loss of services for a population of children at risk and a loss of an estimated 50 State jobs.

• Close the Lakes Region Correctional Facility, causing the loss of 90-95 positions.

• Unlike Maine, New Hampshire retirees don’t have constitutional protection for their retirees health care and the State wants to change the health insurance premiums for State retirees and shift all retirees onto the active State health plan (estimated savings $10 million), and an estimated $10 million increase for retirees.

• In what many Union employees might see as a long overdue move the State proposes to offer a different health policy for what we call Confidential State employees, with the same offer made to Union employees.

• In a move that spells Déjà vu to Mainers there is a proposal to sell the Liquor Commission warehouse, lease the four State Welcome Centers and reorganize and close many liquor stores statewide. The governor in a good move also proposed building new liquor stores in expanding market areas.

• Close eight District Courts

Facing reality, the Governor also proposed some revenue increases:

• Increase the tobacco tax by 35 cents

• Increase the room and meals tax by three-quarters of one percent

• Increase the cost of registering each vehicle by $10

• Taxing gambling winnings over $600. They are way behind Maine us there.

• Changing the toll collection system. Another echo from Maine.

The N.H. Governor didn’t propose any increases to the gasoline tax or broad-based sales or income taxes, but like Governor Baldacci’s proposal to “tax only State Employees” by increasing their cost for health care the proposals place a tax burden onto select groups of public servants.

Some of the N.H. and Maine’s "rainy day funds" are being used to balance the current budgets. These funds were built up in good economic times to be used to help keep us afloat in bad economic times. The State workforce is seen by some as being “built up” and a target to support the State in bad times also. Unfortunately, the Maine State workforce is at the lowest head count in over twenty five years. State Employees as usual are expected to pay a price higher than others in the name of publicity, not fiscal responsibility.

All Union members share many of the same concerns:

• Bumping rights were one of the most important Union protections ever put into a contract. Those rights come to the fore in tough economic times. We must fight to protect and improve bumping rights. A layoff is one of the most devastating events a person faces. An employee facing a layoff must be given that guarantees management can not cherry pick people to lay off.

• When looking for savings state employees in Maine have identified possibly hundreds of unreviewed positions filled by private contractors. Many of these outside contractors and consultants cost the State far more than the average State worker's salary. The Governor, agencies, and the legislature must provide better oversight of the thousands of contracts, vendors and services the State pays for that could be done more efficiently and cost-effectively by State workers.

• We must not forget our brothers and sisters losing their jobs on February 28. No bumping rights after ten, twenty or thirty years of service. They were targeted and had no where to go. Turning the Levinson center over to private hands will not save the State any money and will severely impact if not harm, those dependent on Levinson to care for the State's most at risk children. Do you hire a baby sitter on “the lowest bid” approach?
  
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Success or Failure?

What is happening around the Unions and around the nation? Are Unions succeeding or failing?

California has a very active membership that attends meetings, goes to rallies, and supports their Union loudly and persistently with the legislature and in the press. They have just finished negotiations during the worst economy California has seen in over seventy years. What did they lose and what did they hold on to? Is this a crystal ball for what is happening in Maine or could we do better or worse?

California SEIU 1000, the states largest employee union negotiated for nine months during the worst economic times in over seventy years. SEIU Local 1000 and the State reached a tentative agreement Saturday night covers 95,000 state employees until June 30, 2010.

The TA will be sent to the union's elected State Bargaining Advisory Council; which serves the same purpose as MSEA-SEIU’s Contract Action Team where if passed it will be put to a vote of all SEIU 1000 members. The agreement must also be approved by the state Legislature and signed by the governor.

SEIU 1000 went in to negotiations during bad times that only worsened while they talked. CaliforniaCalifornia like Maine State employees provide critical services that must be maintained to keep citizens safe and healthy. Like Maine the governator, no matter how powerful just can't say there are no emergencies on specific days. Unlike California Maine has always forced State employees when taking furloughs to rotate them in an attempt to hide from the public the impact on State services. California had the courage even on the State side to move to close offices for furlough days, arguably saving far more money.

When negotiations concluded, there were sacrifices on both sides. The State made concessions they did not want to make and so did the Union.

Major provisions of the Tentative Agreement include: now has a forty billion dollar hole to fill and the governor intended to fill it with State employees. In

1. Reducing the governor's demand for two unpaid furlough days per month to eight hours monthly. Two days could have forced employees working ten hour days to take ten or twenty hours off a month.
2. The tentative agreement improved the state's layoff procedures and guarantees layoffs only when departments are eliminated or when facilities or offices are closed.
3. Two holidays, Lincoln's Birthday and Columbus Day were traded for two personal holidays, which are similar to vacation days. State offices will be open for normal business and employees who work on those days will no longer receive overtime pay.
4. Overtime costs will also be reduced under this agreement; an employee who uses a sick day cannot receive overtime in the same week until they have worked a full 40 hours. Vacation time continues to count towards the forty hours requirement.
5. Unlike Maine, SEIU 1000 negotiates health care and in a successful fight against a money grab, the state agreed with Local 1000's proposal to freeze employee contributions for health insurance at 2008 levels though 2010.
6. The tentative agreement will increase career enhancement options by creating a Joint Labor-Management Trust to continuing education and professional development for Local 1000-represented employees.

Unlike California we are now in talks with the State after the stimulus bill has passed. What effect the money coming to Maine will have is impossible to say at this time, but it can only have a positive influence.
Tune in tomorrow for a close up look at N.H. They compromised on Health Care two years ago. Was it a success?

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Keeping Promises, Supporting Labor

President Obama: "You cannot have a strong middle class without a strong labor movement."

Friday January 30, 2009

President Obama signed three critical Executive Orders reversing anti-worker Bush policies and it needs to be heard. Federal contractors can NOT be paid for anti-union activities

I am still in shock, this president is keeping his promises. The Republicans and the old style politicians are (hopefully) in cardiac arrest.

President Obama is not afraid to support labor:

He said "I also believe that we have to reverse many of the policies towards organized labor that we've seen these last eight years, policies with which I've sharply disagreed. I do not view the labor movement as part of the problem, to me it's part of the solution. We need to level the playing field for workers and the unions that represent their interests, because we know that you cannot have a strong middle class without a strong labor movement.

We know that strong, vibrant, growing unions can exist side by side with strong, vibrant and growing businesses. This isn't a either/or proposition between the interests of workers and the interests of shareholders. That's the old argument. The new argument is that the American economy is not and has never been a zero-sum game. When workers are prospering, they buy products that make businesses prosper. We can be competitive and lean and mean and still create a situation where workers are thriving in this country.

So I'm going to be signing three executive orders designed to ensure that federal contracts serve taxpayers efficiently and effectively. One of these orders is going to prevent taxpayer dollars from going to reimburse federal contractors who spend money trying to influence the formation of unions. We will also require that federal contractors inform their employees of their rights under the National Labor Relations Act. Federal labor laws encourage collective bargaining, and employees should know their rights to avoid disruption of federal contracts.

And I'm issuing an order so that qualified employees will be able to keep their jobs even when a contract changes hands. We shouldn't deprive the government of these workers who have so much experience in making government work

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Cut, Cut, Cut

http://www.flickr.com/photos/darkpatator/2290947745/page2/

The middle of winter and all through the state, workers are working both early and late. What do they get for their long hours and strife? A gift from the state in the dead of the night.
Not just furloughs, but wage freezes, too. But that isn't all they want to give you. They’ve got a plan to jack up health care prices and make you bear the burden for their budget crisis! Check the side bar for the AFSCME Xmas You Tube video.

Governors across the nation are seeking State employee sacrifices and concessions to help balance budgets during the economic downturn.

In States with no strong Unions governors are ordering cuts including pay and benefit cuts, shut downs, and furlough days. In States with strong Unions states are offering bad contracts with concessions and cuts but they are forced to negotiate.

California, Hawaii, Maryland, Ohio, New Jersey, and in many more states governors have asked or ordered state workers to accept furloughs, salary reductions, shortened workweeks and/or benefit cuts. The concessions may be the only way to minimize further job losses in the face of record-breaking unemployment.

Unions argue their members shouldn't be singled out and are even more vital in hard times providing social services, to a growing population in need, public safety, and education.

Democratic Governor of Ohio, a long time Union friend is asking over 60,000 state employees to accept a 5 percent pay cut, a 35-hour workweek, mandatory furloughs, elimination of step increases, higher costs for their health insurance ,elimination of paid personal days, along with unpaid holidays. State employees are represented by the Ohio Civil Service Employees

Union president Parks said that the union's negotiating team was "aghast at the scope of the concessions the state proposed." Union negotiators have been told that layoffs might be necessary even if concessions are made

There has been a long history of Unions compromising with State governments and then having the promises to protect jobs broken. When the MSEASEIU accepted the Cliff, furloughs, and contracts with no raises during the nineties hundreds of jobs were still lost.

Another Democratic Governor, Martin O'Malley of Maryland, imposed furloughs and salary cuts on thousands of state workers in December in an attempt to save $34 million.

The part time legislature of Maryland earns $47,000.00 a year and has so far exempted themselves from the cuts.

The largest State employee Union in Maryland, AFSCME, succeeded in preserving employee benefits but could not halt the furlough days. The Maryland legislature is expected to try to cut State employee benefits and health care for both current and retired State employees.

In 2008 the New Jersey legislature along with Democratic Governor Jon Corzine cut two paid holidays, Lincoln's Birthday and the Friday after Thanksgiving.

Utah eliminated one paid holiday and is trying a four-day state workweek.

Hawaii Gov. Linda Lingle, a Republican, will probably pursue furloughs for 36,000 state employees and ask them to pay a larger share of health insurance coverage and to skip raises. The Governor cut two traditional half day holidays, Christmas Eve and New Year's Eve. The cuts apply to 53,000 state employees in all departments, including the state Department of Education and the University of Hawaii. Marie Laderta, director of the state Department of Human Resources Development recommended that employees be allowed vacation leave to allow additional holiday time off, subject to operational needs.

Democratic Pennsylvania Gov. Ed Rendell said layoffs and unpaid furloughs are likely in that state as well.

California Republican Gov. Arnold Schwarzenegger tried to force furloughs two days a month beginning in February for 230,000 employees mostly represented by SEIU.........GOOD NEWS:............Democratic State Controller John Chiang said he will refuse to reduce state worker pay as demanded by Gov. Arnold Schwarzenegger, possibly sparing more than 200,000 public employees from furloughs and pay cuts.

Chiang filed documents last week in Sacramento Superior Court arguing that the governor's plan is illegal."California law is clear that only the Legislature has ultimate authority over setting state employee salaries,"

Gov Schwarzenegger has so far been unable to cut two paid holidays from State employees due to the need to engage in collective bargaining.

In 1992 and again in 2003, state employees bargained leave agreements that accepted pay cuts 4.6% to 7%, in exchange for leave credits. Those agreements, were collectively bargained and ratified by the Legislature.

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Right wing SCOTUS rules for MSEA-SEIU

Thanks to Andrea LaPointe for forwarding these two stories.

It seems even the Supreme Court thought the fee payers should go home and pay up. A long time ago in a forum far, far, away I asked what they would do if the Supreme Court ruled against them. The general answer was that they would either quit or accept the ruling.

IT is the end of the road. To put it nicely, pay up or get out. Either way shut up. It is done, over, finished. If you want to shake hands and agree to disagree with no more small minded comments and bragging predictions over what would happen when the case got to the Supreme Court, come on over. The Union could use some people that can stick to an idea all the way.

Today, January 21, 2009 The Supreme Court today unanimously agreed the MSEA-SEIU can force other State workers who are not Union members to pay Fair Share.

The MSEASEIU has been representing fee payers for years and spending huge amounts of money for a group that (IMHO) only wanted to keep the money and not share the load for the benefits and pay they were receiving.

The court has previously held that people who choose not to join the union still must pay fees to the union because they too are covered by collective bargaining.

No fees can be charged for politics and lobbying. The suit was based on a portion of the fees that were spent on legal costs that also benefitted SEIU on the national level.

In an attempt to avoid paying their fair share, some workers sued in federal court. A District Court judge judge and the Boston-based 1st U.S. Circuit Court of Appeals sided with the state. The high court affirmed those rulings today in an opinion by Justice Stephen Breyer.

AMG should be in a hissy fit.

More News, from Andrea

An Order Establishing the Joint Enforcement Task Force on Employee Misclassification

January 14, 2009
23 FY 08/09
WHEREAS, the practice of employing individuals as “independent contractors” when legally they should be classified as “employees” (hereinafter referred to as “employee misclassification”) is increasing nationally and in Maine; and

WHEREAS, employers sometimes engage in employee misclassification in an attempt to avoid the employers’ legal obligations under the federal and state labor, employment and tax laws, including laws governing minimum wage, overtime, prevailing wage, unemployment insurance, workers’ compensation insurance, temporary disability insurance, wage payment, child support and income tax; and

WHEREAS, employee misclassification has a significant adverse impact on the residents, businesses and economy in Maine, because this practice reduces compliance with employment and safety standards depriving vulnerable workers of important protections and benefits to which they are legally entitled; gives employers who misclassify their employees an improper competitive advantage over law-abiding businesses; increases the risk of avoidance of child support; deprives the State of substantial revenues; and imposes indirect costs on the State from decreased legitimate business activity and increased demand for social services; and

WHEREAS, a 2005 independent study based on audits of Maine unemployment records for construction employers between 1999 through 2002 found that one in seven or 14% of these employers misclassified employees as independent contractors; and

WHEREAS, a review of the unemployment audits performed by the Maine Department of Labor identified misclassification of employees as independent contractors occurring in 29% of employers audited in 2004 (all industry types), 39% in 2005, 43.0% in 2006 (mostly construction employers) and 41% in 2007; and

WHEREAS, law enforcement activities in this area historically have been divided among various agencies, reducing the efficiency, consistency and effectiveness of enforcement; and
WHEREAS, enforcement efforts to address the problem of employee misclassification can be enhanced and made more consistent and efficient through interagency cooperation, information sharing, and the prosecution of violators; and

WHEREAS, the creation of joint task forces has proven to be an effective mechanism for coordinating and enhancing labor law enforcement, including efforts by other States to address the problem of employee misclassification;

NOW, THEREFORE, I, John Elias Baldacci, Governor of the State of Maine, do hereby establish the Joint Enforcement Task Force on Employee Misclassification.
Purpose and Duties
The purpose and duties of the Joint Enforcement Task Force on Employee Misclassification shall be to coordinate the investigation and enforcement of employee misclassification matters by the members of the Task Force and other relevant agencies. In fulfilling this mission, the Task Force shall:
1. Facilitate the timely sharing of information relating to suspected employee misclassification violations between and among Task Force members to the maximum extent permitted by law;

2. Identify those industries and sectors where employee misclassification is most prevalent to help inform and focus Task Force members’ investigative and enforcement resources;

3. Assess existing investigative, prevention and enforcement methods in Maine and develop and recommend strategies and measures to improve the effectiveness of these methods;

4. Facilitate the formation of joint enforcement teams where appropriate to leverage the collective investigative and enforcement capabilities of the Task Force members to combat employee misclassification;

5. Identify potential regulatory or statutory changes that would strengthen enforcement efforts, including any changes needed to resolve existing legal ambiguities or inconsistencies, as well as potential legal procedures for facilitating individual enforcement efforts;
6. Increase public awareness of the illegal nature of, and harms inflicted by, employee misclassification;

7. Work cooperatively with employers, labor and community groups to reduce the number of employee misclassifications by, among other means, disseminating educational materials regarding the legal differences between independent contractors and employees, and enhancing mechanisms for identifying and reporting potential employee misclassification; and

8. Meet with representatives of business, organized labor and community organizations, and members of the applicable legislative oversight committees to discuss the activities of the Task Force and ways to improve the effectiveness of its operation.

Membership
The Joint Enforcement Task Force on Employee Misclassification shall be chaired by the Commissioner (or designee) of the Department of Labor and shall include representatives of the following state agencies:
The Department of Labor (including the Bureaus of Unemployment Compensation, Employment Services, Labor Standards & Center for Workforce Research & Information)
Workers Compensation Board (including the Office of Monitoring, Audit and Enforcement)
Office of the Attorney General
Department of Administrative & Financial Services (including Maine Revenue Services)
Professional & Financial Regulations (including the Bureau of Insurance)
Members of the Task Force shall serve without compensation.
Annual Report
The Task Force shall transmit an annual report to the Governor summarizing the Task Force’s activities during the preceding year. The report shall:

1. Describe the Task Force’s efforts and accomplishments during the year including the amounts of wages, premiums, taxes and other payments or penalties collected with the assistance of Task Force activities, as well as the number of employers identified as misclassifying workers and the approximate number of employees affected;

2. Identify any administrative or legal barriers impeding the more effective operation of the Task Force including any barriers to information sharing or joint action;

3. Recommend measures, including legislative or regulatory changes, to strengthen the Task Force’s operations and enforcement efforts and reduce or eliminate any barriers to those efforts; and

4. Identify successful preventative mechanisms for reducing the extent of employee misclassification, thereby reducing the need for greater enforcement.
The Task Force shall also take appropriate steps to publicize its activities and findings.
Effective Date
The effective date of this Executive Order is January 14, 2009.
John E. Baldacci, Governor

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A message about your money from SEIU

Cartoon Courtesy of XKCD


I just read a message from SEIU. Billions for executives, nothing for employees. Billions for bonuses, nothing for mortgage relief. Check out the video in the side bar or follow the link below. I read the story and I told Bank of America to use some of its bailout money to support a real economic recovery and provide health care for its 247,000 workers—or give the money back. Watch this video explaining it all:
http://freechoice.seiu.org/page/s/bankofamerica

Taxpayers gave Bank of America $25 billion in bailout funds to help jumpstart our economy, but instead the bank has misspent on executive salaries and corporate jets.

Then Bank of America took even more money from cash-strapped states by not paying for workers’ healthcare.

It’s time for Bank of America to use its taxpayer-funded windfall to support a real economic recovery and provide health care for its 247,000 workers—or give the money back.

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Lay offs? Benefit Cuts? Apathy?

The current budget negotiations have brought up the ghosts of years past. No raise contracts, furlough days and political pressure to “hurt” State Employees not for financial reasons but for political gain.

We must face the fact that we are looking at demands that we get no raises, suffer benefit cuts, and layoffs, the MSEA will face some tough challenges when its representatives take their seats at the bargaining table some time later this year.

The first meetings should take a place towards the end of the year, while the legislature will be working to finalize the 2009-2011 budget.

The State plans to have privatized the Levinson center by that time, though the plan was delayed for a while after workers and the parents of clients objected. Decreases in Social benefits will be widespread and the right wing will be in frenzy as they face serious political challenges in both the local and National elections. They will be desperate to blame anyone for their failed policies. In Maine they will want to blame Unions.

The right will be promising that more tax cuts for the rich and privatization of State services to their friends will solve all the problems.

In order to avoid becoming a public target we must get the word out that the union recognizes that Maine and the county are facing difficult times.

We need tell our neighbors that Union members want to suggest ways to make State services more effective and efficient. Tell them we know State workers have an obligation to participate in innovation and quality. We know the jobs best and this gives us the ability to suggest ideas to provide better services and do the best job possible at the lowest cost. We are Mainer’s too, and we don’t want to waste tax payer money because we are tax payers too.

Whether the Bush administration admits it or not the economy is in a recession, and that will impact our negotiations. We can go in and demand ridiculous terms, but that doesn't make any sense. What we have to do is sit down early and work on both the financial aspects and all of the open working condition issues that are open and unresolved. Then with our research done and in unity we can begin to bargain with the State.

The MSEA, executive branch bargaining teams must realize that we are also carrying the hopes for the State College system, AFSCME, and other units. Historically their contracts have mirrored whatever we have been able or unable to achieve at the table. We will need to try to hear from as many members of our MSEA-SEIU locals to get ideas and gather strength.

Our Union is looking at new methods of bargaining starting with a bargaining summit on May 10 but so far neither members or Union officials know what new process may be developed or how they will be implemented.

The bargaining summit is not exclusive. Individual workers are invited to meet other members and with Union officials to create an official channel for workers to raise proposals, grievances, lobby for policy changes and ask to be heard. One thing is certain; any member that does not participate is giving up the right to complain about the results.

PLEASE TAKE THE BARGAINING SURVEY AND MAKE YOUR IDEAS COUNT.

There is a Bargaining summit coming up on May 10. Do you think things should be done differently? Have you ever asked why something was done? Show up and make yourself heard.
During the bargaining for the 2007-2009 contract your bargaining team found the bargaining survey gave our teams more input and information than had ever been received before. This site and your Union are both collecting ideas now. Your ideas count!

Click Here to take survey

Click HERE to see how other members are voting.
Interested Union members will be given a chance to be heard and help develop plans before they are sent to the Union Board of Directors for a vote. Please take the first step and take the online survey.

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Lies, Lies, and a roadmap

Today as a steward I helped a number of employees get the respect they deserve. As a Union representative I heard some problems from some employees. I contacted management and asked if they understood the contract language. Contract language that I helped to write. There was no big fight. A few calls, mention of some old emails and contract language and we all agreed. The result was an agreement that this was all a misunderstanding and that, of course, the employees would get the wages they were due. I honestly don't think that management intended anything, but because of our Union, management and labor avoided a confrontation and bad feelings. The best result is the employees will get the wages and respect they feel they have earned.
A phone call, a little involvement, and we had a success. We must all be prepared to get involved. I will slip this next comment in quickly. If you want to keep reading any of this blog---comment. I agree with my own writing, except when the voices keep shouting each other down, but I don't know what you want or even if you want any more of this. It is up to you.
Waiting for State Employees to become involved.

Don't say the Republicans are sneaky. They are very clear. They do not respect the citizens of Maine or State employees.

I have tried to be even handed recognizing that a good idea or a bad idea has no political party and neither party has a monopoly on being right.

But if you are a State Employee or a citizen of Maine that expects to have good services when you need them you will know who to blame when you can’t register a car or get the roads plowed.

Republicans have put forward their own versions of budget cuts, at least three of which would directly affect state workers.

The GOP members of the Health and Human Services Committee want to require all state workers and legislators to pay ten percent of their health insurance premiums and regardless of how little they make to prohibit them from signing up for MaineCare.

They also want to eliminate vacant state jobs and even knowing my audience I have to say that may have merit. If the cuts were enforced fairly it could work. The remaining employees would share in the overtime needed to do the work. Just don’t say fair to the university system. During the Big Job Freeze the University system just kept on hiring. During the travel ban the University travel budget kept on growing.

The most harmful suggestions will not be able to be put in force now because of fair contracts negotiated by the MSEA-SEIU. Even though we have paid for our benefits in advance for ten, twenty or even more years, they are only guaranteed until 2009. They will be targeted again and again.

Let us put a name to some of the GOP members that think it is OK to break the word of the State and promises given to prospective employees in order to hire talented hard working employees to serve Maine.

Sen. Kevin Raye, R-Perry, and Rep. Robert Walker, R-Lincolnville, said the proposed cuts provide a roadmap for budget cuts over the long term. TRANSLATION: THEY WANT TO KEEP ON CUTTING, NO MATTER HOW HARD IT WILL MAKE IT ON THE CITIZENS OF MAINE. THE NO NEW TAXES PROMISE IS A LIE. NO NEW TAXES UNLESS YOU ARE A STATE EMPLOYEE.

Rep. Henry Joy, R-Crystal, will sponsor a bill to make a joke out of what Mainers voted for, the 55 percent State share of education. His bill would cut the percentage of educational spending the State provides to 49 percent.

Why are we in a race to the bottom? It is because the State Employee plan sets an example for employee coverage that the corporations sponsoring many legislators don’t want to admit is working well and could be affordable for many other employers in Maine.

I have been hoping to see a little more involvement from State Employees in the process but today's cartoon says it all.

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MSEA Leadership Meeting Best Ever

Sorry for the late post, but if you can imagine it my job has been interfering with my life and my writing. Late or not I don't want to miss telling you about the leadership meeting. After so many of these I thought I knew the Script. First someone gets up and drones on for way too long and then tries to raise your interest in the newest direction picked by the SEIU or by the brass of the Union.
Not this time! No agenda, no speeches, no big table with the brass behind and above everyone else. The only agenda was the question "What can we do to make this a better Union?" Can you imagine it! The brass wanted to hear from us. We broke into four groups to discuss how to make our Union stronger, how to include more people and what it is we really want. The difference from the past was astounding and we were asked what our members wanted, not asked to fall in behind someone else's goals and march.

Our members want to let the public know that we respect them and that we are Mainers too.
We discussed how to reach out and change the image of the State Employee that the talk shows have painted for too long. State Employees don't lean on the shovel, but contractors that the State hires don't have signs that say CONTRACTOR. The costs for contracting are far more than the cost of a hard working State Employee because we don't drain out all of the money for profit. But the businesses in Maine don't want to talk about that either. The corporate tax rate in Maine is among the lowest in the country, and your taxes among the highest. Does that make good right wing talk?

We are growing and getting stronger. You have to know that and the press doesn't want you to know because Union members vote. There were more young members there than ever before and they are realizing they have to step up and take the place of the long time and long in the tooth activists that have built the Union. I don't like to admit it, but I keep having those birthdays every year. Helen, the president of the new local 771 was there, members of the community college were there, and looking around you could see hope.
The economy is rough and we have some very tough times ahead and whether we make gains or manage to hold off the worst of what is coming is up to us.

When we elected Bruce Hodsdon as president of the MSEA a lot of people said they expected change, they wanted change. I think they were right and this Union can start on a new road. We need each other. If you have not been involved because you didn't think you could be heard, that time is over.

Please remember, this Blog is moving to Http://WWW.UnionMaine.Org and we need members of all and any Unions to write articles. If you are not a member of a Union, write in and maybe we can help you to find one to help you.

I.F.&W Proposals for 2009 Contract

The important thing is to get the proposals in. We all know that not every proposal can make it to the table or we would have two or thee form each of ten thousand employees.

These came in From I.F.&W. From Mike. I am not using Mike's last name because I forgot to get his permission to put it up. Mike if it is O.K. to use your name, send me an email. Your co workers should know you are working for them.

Hi Tom

count me in I will send you a couple IF&W Hatchery Protech proposals.

(1) All FishCulture Assistant Supervisors be placed in the Supervisory Unit like the Game Keeper Assistant Supervisor More or less same title.

(2) More pay!!!!!!!!!

(3) More help at the hatcheries since we have increased our workload by 25% over the last 10 years and lost a couple positions.

(4) Weekend stipends for Hatchery staff.

These are a few I can think of for at least the hatchery employees and all state workers.

If I think of anymore or hear of any from my fellow employees I will send them on to you.

Thanks Mike. We can't study the proposals unless we have them.
Solidarity.

E.T.I. 2009

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Merry Grinchmas Contract to be signed 1-4-08

The 2007 -2009 contract for State Employees will be signed on January 4, 2008. I don't know how you feel about this contract, wages and benefits but unless you think it was the best thing since free beer and pretzels just wait. Too many State Employees think that "the union" will bargain the contract and that there is nothing that can be done. We can make a difference, we are the Union and if we are not interested enough to take care of our own issues no one will do it for us.

When contracts are bargained, both the Union and the legislature start looking at neighboring States to make economic comparisons. The legislature only looks for cuts while your Union is looking at the whole picture. If another State pays less do they have better benefits? If their benefits took a hit did they get a better raise? Here is what New Hampshire got hit with at their last contract. They did get an 11% raise in two years, nearly twice what we got. They pay almost all of their employees overtime and standby regardless of being "salaried". Our legislature will be looking for cuts and the only way we will get anything is to look ahead and plan.

The Union has promised to start bargaining early, when? Read this summary of New Hampshire and see if you would settle for a contract that guts your health care and that makes a joke of all the promises you were given when you came to work last year or or twenty five years or more ago. You kept your word, you worked for less for the promise of a health plan.

Cutting your pre paid health care would be like Chevy, Ford, and Chrysler sending tow trucks to your house to take your car back even a paid off car. They could just say that it was too expensive to honor the warranty they promised, too expensive too keep making spare parts so you will need to give up your car to help them.

Will you settle for a contract like this?
If you say yes, you would settle we have not seen 11% in two years since Dick Cheney ran his last marathon for charity. It is likely that the legislature is going to try for another zero and zero with benefit cuts. Contact your legislator now and ask them if they will fight for you.

Wages

What would it take for you to accept the rest of this agreement? New Hampshire Employees settled for about 11%. After you take out what they are going to be paying they got about 6%, the same as Maine employees.

Healthcare, the Agreement

• Provides $200 in "health reimbursement" funds to employees who complete an on-line "Health Risk Assessment" questionnaire (this money can be used for office visit and prescription co-pays);
• Cap maximum out-of-pocket expenses for office visits at $500 per individual and $1,000 per family;
• Cap maximum out-of-pocket expenses for prescription drugs at $500 per individual and $1,000 per family;
• Employee pays $25 per pay period health care fee for employees who subscribe to the state’s health insurance system (a total of $650 a year in pre-tax dollars); the fee would increase to $30 per pay period ($780) on January 1, 2010;
• Office co-pays will also increase effective January 1, 2010; primary care visits will increase to $20; most specialists' visits will increase to $40, but some will remain at $30);
• Prescription drug co-pays remain at current rates;
• Increase maximum dental benefit 20%
• Add adult orthodontia benefits

While you are working these amounts don't look like they would destroy your budget. They would prevent you from going to the doctor, they will prevent you from affording care for your kids, which is the whole idea. If you can't use your health care the costs will definitely go down. The State is looking to balance the budget on your backs and on your family's health. If you are near to retirement it will make the health care you worked a lifetime to earn a joke. "Thank you for thirty years, get out!"

Happy New Year.

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Growing hunger in Augusta

In both Washington DC and in Augusta Maine there exists a rising hunger made worse by the knowledge that many of the old crew are going to be gone in 2009.
They want their last meal to be made up of the rights of citizens and the rights of the Unions.
I thank Change to Win for the hard information in this post. At least my health care plan still pays for the blood pressure medication these facts make necessary.

The National Labor Relations Board was established to encourage "the practice and procedure of collective bargaining" and to protect the "exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid and protection."

Recent NLRB decisions prove the corporations that paid for Bush are not satisfied. They want the law destroyed before Bush leaves office.

This President has tried to rewrite the Constitution, and is attempting to destroy the administrative rules which by which our laws have been enforced. Obviously, he plans to finish the job before he leaves office.

Stop em from joining, make it easy to kick em out!

• Dana Corp., 351 NLRB No. 28 (Sept. 29, 2007) –The Board reversed 40 years of precedent and invented a new rule: even when more than 50% of the workers sign cards indicating they want a union and the employer respects that choice, a 30% minority of employees may, within 45 days of voluntary recognition, petition to decertify the union, prevent the parties from bargaining, and force employees to suffer through the NLRB’s lengthy and divisive election process.

• Wurtland Nursing and Rehabilitation Center, 351 NLRB No. 50 (Sept. 29, 2007) – The Board took the opposite view about the reliability of signing a card when it comes to getting rid of a union! In this case, the NLRB ruled that signatures on a petition were good enough to get rid of an existing union and the Board rejected its own election process, arguing that employees who want to get rid of their union should not have to endure the delay involved in a decertification election. In Dana, the NLRB said that signature cards were not true indicators of employee support.

Easier for Employers to Fire and Intimidate Union Supporters

• BP Amoco Chemical-Chocolate Bayou, 351 NLRB No. 39 (Sept. 29, 2007) - The Board ruled that it was perfectly permissible for an employer to target union supporters for layoffs, and then to force them to sign release forms, as a condition to receiving severance pay, that prevented them or anyone else from challenging the legality of their termination.

The next election cycle, local, State, and Federal may be the most important chance for workers in this country to share in the wealth they are producing.

We need to vote. The last two elections proved that only a few votes can make the difference. In Maine the legislative talk is already on how to take the easy way out. Cut State Employees benefits, retirement, and deny pay raises no matter what inflation is doing. One party is already blaming the deficit on State Employees. If we don’t want to wear that target on our backs we have to let the legislature know we are here. Email, write, call, or see them in person.

They come out when the sun goes down, and the sun is going down on failed policies and policies of hate. Before the next elections they will be trying to get a last bite out of you.

They got one million dollars from the health plan last time and now they are hungrier.

E.T.I. 2009

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I don't want a raise. I don't want you to get one either.

E.T.I. 2009

I want to set the record straight. In the next contract I don’t want a raise. The State has had some rough times, but so have we. We have shared the bad years. The contract was changed to give us the “Cliff”. The early retirement penalty was more than doubled. We go year after year with small increases or no increase at all. Every year our buying power in real dollars has gone down because our raises have not kept up with inflation. I don’t want a raise. I want a COST OF LIVING ADJUSTMENT that will bring us back to what we would be earning if we had only kept even with inflation. Check the U.S. Gov figures here. Look at the annual figures from 1997. http://data.bls.gov/PDQ/servlet/SurveyOutputServlet?data_tool=latest_numbers&series_id=CUUR0000SAM&output_view=pct_12mths

I don't want to get too financially geeky. Another little known fact is that the the Gov. changed the inflation figures a couple of years ago to remove the cost of gas and heating costs from the numbers. That way the inflation figures look smaller and wages that depend on a COLA could be cheated. I still have to pay for gas, and oil, you too? One of the things your dues buy is the smartest person in Maine for extracting information and presenting information in a completely honest way. Steve Butterfield has worked for the Union for about 2.5 million years and is still doing the best job possible. When the Union deals with the State both sides use real numbers. We have never lost an argument based on Steve Butterfield's figures. The State has refused to deal realistically, but we have NEVER had the State able to disprove Steve's numbers.

Compared to Inflation State employees have lost money in every contract for more than a decade and that loss is backed up by facts. In every contract for years the State and the Union have used the Consumer Price Index. Year after year we have been taking losses, not making small gains. It would be logical to ask what the Union has done for us. My answer is easy. I ask you to imagine your pay and your benefits at the mercy of a legislature that does not have to face an organized work force. I can just see it now. At every motor vehicles window when you get your plates you would hear "Ya want fries with that?"

Current Employees have lost over twelve percent in real purchasing power since 1990. While our contracts and benefits are used as political footballs by Union hating politicos the facts do not support their arguments. Our wages do not go up year after year. Our "raises" have been less than our sister states in New England, less than any big corporation in Maine, less than inflation. In Maine the general increase in wages has kept pace with or even out paced the consumer price index. State Employee wages have not kept up.

I don’t want a raise; I want a COST OF LIVING ADJUSTMENT. Make up for the losses of the last ten years. I don’t want to fight for a fair deal year after year. Implement contracts based on the same figures the retirement board uses. Get that ugly fight out of the way and we can all move forward. I want my pay to be Equal To Inflation in 2009.

E.T.I. 2009

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Free Gas for the State You pay, they don't.

E.T.I. 2009

$ Gasoline $Since the first of the year, gas prices have gone up almost 35%, and are up almost 45% since the end of January when prices hit a low of $2.14 per gallon. Even in just the past month prices have shot up a whopping 8%.

I have a copy of an email from an OIT supervisor ordering OIT employees to use their own vehicles whenever they are told to drive somewhere. The memo goes on to state that "they will decide when it is cost effective for the state to provide another vehicle.

If the cost of gas goes up per mile for the State vehicle but does not go up when paying an employee, will the State ever decide they should provide vehicles?
They will Not!

I believe our Union will be fighting this but the State claims that employees agreed to use their own vehicles when they started State service 5, 10, even 25 years ago when gas was half the cost it is today.

The Union needs your help. Call and tell them you can't afford to carry the State business out of your paycheck. Call a steward. Call H.Q. Call your legislator or do nothing....your choice. Over the last week I have passed gas stations going one way and seen the price change on the way back. Tonight, November 5 it was $3.15. With no scare tactics we will see $3.50 or more in two months. Heating oil is already 65 cents more than last year, NO here is the correction as of November 6, 86 cents more expensive per gallon than this time last year.

The State won't pay employees the Federal rate for using their cars.

The Union won't pay its own members the Federal rate to use their cars.

The State uses the argument that since we don't respect our own members enough to pay the Federal rate for mileage they don't have to pay it either.

No one makes a profit from using their car. We only want to be able to pay for the gas.

Call your Union Steward, call the Union and demand Federal rate be in the next contract. Demand that the Union pay Federal rate to lead the way.

At least the Union has decided to study the mileage issue and try to figure out what to do. The State always says the budget can't afford to pay for gas so YOU PAY FOR IT!

E.T.I. 2009


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Start now. Elect a team by June.

E.T.I. 2009

Catapultam habeo. Isi pecuniam omnem mihi dabis, ad caput tuum saxum immane.


I have even heard members of the Union say we can't start early.
No one will work on a contract during the summer.
If that is true then we deserve what ever we get.
If we can't put together a dedicated team that cares for their brothers and their sisters then the critics of the Union were right. NOT!
These proposals are not put forward to try to achieve them all. They are here to see if anyone likes one or more over the others. Do you want a poll? Want to vote? Let me know.

Hey, (name withheld to protect the guilty) your proposal is in here and a lot more. If you want something and it is not here and not in the side bar on the left, then add it or don't blame anyone else when your issue is not represented.

July 1, 2009

Start now. They want to take your health care. They want to blame you for every political mistake over the last 40 years.

This first idea depends on our Union more than it depends on the State. Our elected VP, Ginette promised support for early negotiations. We need to get the Negotiations team elected by June 1 2008.

The employer shall approve reasonable preparation time, not to exceed one day per week, during even-numbered years beginning September 1^st until negotiations begin for up to FOUR MEMBERS OF EACH BARGAINING UNIT members of the Association’s state-level bargaining team.

While you might not see it every day, the State has worked to have more and more classifications listed as “salaried” to avoid paying overtime. Several years ago I found a copy of an email that agreed that all OIT classifications up to 27 were eligible for overtime but because the man in charge did not publish the memo it never became policy. The State acknowledged the truth of the email but said there is no way we can enforce it and the State refused to honor the findings.

OVERTIME

Overtime Defined: Overtime is authorized work performed in excess of the basic
work week as defined for either a 40 hour week or an 80 hour bi-weekly schedule.

Straight Time Rate: Where the basic pay period is 80 hours (Salaried) in two weeks.

a. Exempt (Salaried) employees shall be entitled to overtime pay at straight time.

b. Exempt(Salaried) employees shall, at the discretion of the Employer, be paid overtime at straight time or given compensatory time off after 80 hours

Time and One Half Rate: Where the basic workweek is 40 hours, all overtime shall be compensated as follows:

a. Non-exempt (Hourly) employees shall be entitled to overtime pay at the rate of time and one half. Shift differentials shall also be included where appropriate.

b. Exempt (Salaried) employees will be given compensatory time off or overtime pay at straight time.

c. All hours that an employee is on pay status will constitute "time worked" for the purpose of determining the workweek required to establish eligibility for overtime compensation.

The State has had a monopoly on deciding who is a Salaried employee and who can get overtime for too long. We need to work this out in Labor Management.

Determining Exemption: The Parties agree that it shall be the responsibility of the Labor Management Committee to determine whether any position in any unit is exempt or non-exempt. The Labor Management Committee shall, in making its determination, consider past practice, pertinent wage and hour law, equity and the ability of employees to control their own work hours.

We have to be realistic. If we demand everything goes one way then the State will deny any improvement. We need to allow the State more lee way to decide whether to pay cash or to pay comp time. Remember in the last contract if an agency has extra cash they can now offer to buy up to ½ of your comp time, but only if you agree.

The Employer may require any employee to accrue by overtime work, compensatory time in an amount not to exceed the maximum number of hours allowed to be accrued for vacation. If an employee is required to work overtime beyond the limits set forth herein, the employee shall be paid.

Compensatory Time: An employee may receive compensatory time off at the rates specified in lieu of overtime pay at the choice of the Employer.

An employee shall not be relieved of duty during the regular shift hours in his/her basic workweek(s) in order to compensate for or offset overtime hours worked unless: (1) he/she agrees to be relieved of duty; (2) it is in the interest of the employee, the employee is exempt from the FLSA and the time off is scheduled at a mutually agreeable time, or it is necessary to the Employer, the Employee, or the general public to relieve the employee of duty for reason of health or safety.

Call Back: Non-exempt (hourly) employees called back to work without prior notice on the same day after once leaving work or before the next regular starting time shall be compensated at one and one half time the hourly rate for the hours worked and shall be guaranteed a minimum of not less than 4 hours of premium pay. Non-exempt employees who are called back to work again, shall receive a three (4) hours minimum straight pay as provided above. Call back hours for Exempt employees shall not be considered a part of the basic workweek for overtime purposes.

Full-time employees called back to work pursuant to the above article shall have the "hours worked" computed from portal to portal.

STANDBY: Any exempt employee, who is subject to being recalled to work, shall receive two hours of pay for every weeknight or portion thereof while in Standby status. An Exempt Employee shall receive 4 hours of pay for each weekend day while in Standby status. The employee shall be notified of when he/she is expected to be in Standby status. The employee does not waive the right to minimum time allowed or the portal to portal pay.

a. Exempt employees shall be entitled to the regular rate of compensation for each hour of overtime worked.

b. Non-exempt employees shall be entitled to time and one-half of compensation for each hour of overtime worked.

"Time Worked" Defined: The following provision constitutes the understanding of the Parties with respect to defining time worked for the purpose of determining the number of hours required for overtime compensation eligibility.

"Time worked" shall include all hours actually worked and all hours on approved paid leave status except bona fide meal periods, bona fide rest periods, bona fide commuting time and any time worked for which specific compensation provisions have been established elsewhere in the Agreement.

Overtime Offsets: Non-exempt employees may be relieved of duty upon mutual consent during the regular shift hours in the basic work period or workweek in order to compensate or offset potential overtime.

Return to Work:

Holidays Worked: When a full-time or regularly scheduled part-time employee works on a calendar holiday, he/she shall receive payment of the holiday at the regular rate and in addition, at the discretion of the Employer, (1) be paid at the rate of time and one half for hours actually worked on the holiday or (2) be given compensatory time off equal to one and one half the number of hours actually worked.

Floating Holidays: In addition to authorized holidays each employee shall be authorized two (2) floating holidays of his/her choice per fiscal year.

Equivalence: A day shall be worth one day of an employees regularly scheduled work day.

This next section would also be filed under “Giving to the State”. Bargaining is a two way street if done right.

Payment of Accrued Time: Any employee who terminates for any reason shall be paid for all days earned, if not taken...

No payment for accrued but unused annual leave will be made upon separation from employment within the first twelve (12) months of employment.

The so called Salaried employees are working longer and longer. They don’t get OT and they end up taking work from other employees. Either pay them or give the work to other employees. We can’t get all of the proposals here, but we need to have several approaches to get to fair pay.

Exempt Employees: Exempt employees now excluded from overtime entitlement whether by contract or by FLSA shall be granted personal days per annum according to the schedule below to be deducted from sick leave, such days to be cumulative.

Continuous Personal

Years Worked Leave

1 thru 8 1

9 thru 15 2

16 plus 3

Employees that currently receive 3 days shall not lose any personal days.

Snow Days: When the Governor or his/her designee determines that inclement weather is severe enough to close or delay opening State offices, employees who are already on leave and who are relieved of work due to such a determination, will not be charged leave for the period of closure. Employees who do report to work during periods of closure shall only be entitled to their normal rate of compensation and shall not receive additional leave or compensatory time.

There is a proposal posted for combined Sick/Vacation days in another post.

SICK LEAVE

Entitlement: Full-time employees in the bargaining unit will be entitled to accrue sick leave in accordance with the formula given below. The purpose of sick leave is to afford employees protection against lost income from absences due to illness or injury and, in particular long-term disability due to catastrophic illness or injury. Sick leave is not intended to supplement other leave provisions of this Agreement and is intended to be used only for the purpose set forth herein. Sick leave shall be computed at the end of each completed month of service. Employees rendering seasonal or temporary service in excess of six (6) months shall be entitled to accrue sick leave at the same rate for time actually worked. Sick leave shall be cumulative for not more than the prescribed days and shall not lapse.

Continuous Hours Accrued per Maximum

Years Worked Month Year Accrual Days

0 to 10 1 10 90

10 to 15 12 15 105

15 to 20 14 15 120

20 to 25+ 16 20 127

Employees on a mandatory over 40 hour work week accrue leave at an increased pro-rated level.

Bonus Leave: Unit employees shall be entitled to bonus leave accrual based upon the number of sick leave hours used per fiscal year in accordance with the following formula:

40 Hour Week

Sick Leave Used Bonus Leave Earned

24 hours or less or 3 reg sched days 32 hours

32 hours or less or 4 reg shed days 24 hours

40 hours or less or 5 reg sched days 16 hours

48 hours or less or 6 reg sched days 8 hours

More than 48 hours 0 hours

Bonus leave accrued under this provision shall be earned for completed fiscal years only. Proration of bonus leave will occur for any retirement or reduction in force. Bonus leave is accrued in addition to any other maximums provided in this Agreement.

Bonus leave must be used during the fiscal year following the fiscal year for which it was earned or it shall lapse.

Any employee who retires from State service or who is laid off from State service and who has unused bonus leave to his/her credit from the preceding fiscal year shall be paid for such unused bonus leave at the time of separation.

Payment: Upon retirement an employee shall receive payment in a sum equal to 50% of the number of sick leave days remaining to the employee’s credit. However, the total number of days eligible for payment shall not exceed sixty (60) days.

Go ahead, die while in State Service.

Payment - Termination; Death: Upon the resignation or dismissal of any employee in the bargaining unit the number of days of sick leave remaining to his/her credit shall lapse. In the event of death of any employee while in the state classified service, a sum equal to the number of days sick leave remaining shall be paid to his/her estate.

Training: The Employer agrees to authorize three (3) days off in each contract year, without loss of time or pay for the Steward(s) to attend an Association training program. The Association shall notify the Employer not less than twenty (20) days in advance of such proposed training program.

The State charges far more than Federal Mileage rate for the Fleet vehicles it rents. Why won’t they pay their employees?

Federal Mileage Rate: The Parties agree that all full-time and part-time employees who are required to use their private vehicles for State business shall be reimbursed for all miles incurred at the maximum rate then allowable by the U.S. Internal Revenue Service for the first mile of travel. The Parties further agree that changes in the mileage reimbursement rate, as a result of U.S. Internal Revenue Service action, shall be made prospectively. The Parties further agree that an employee shall record mileage incurred on State business from the odometer readings on his/her vehicle and the Employer shall reimburse for all reasonable travel incurred. In no instance, however, shall the Employer reimburse for travel incurred from an employee's home to or through the site of his/her official headquarters, or vice versa, unless such reimbursement is specifically authorized by this Agreement.

a. Out-of-State Travel: When associated with State business, employees shall be reimbursed for meals at rates consistent with the General Services Administration (GSA) Travel Per Diem Rates, in effect at the time of travel, without a receipt.

All employees shall be considered in work status for all time spent traveling, minus normal commute time to and from work and normal meal breaks.

Discount at State Recreational Areas: Any full-time bargaining unit employee shall be entitled to a fifty-percent (50%) discount on the admission price of any state-owned recreational area.

Personnel Classification Advisory Committee: The parties agree to appoint a personnel classification advisory committee composed of four members appointed by the Employer and four members appointed by the Association which shall serve for the term of the 2009-2011 Collective Bargaining Agreement.

a. The purpose of the committee is: (1) to review the current personnel classification system; and (2) to make recommendations to the Employer for changes in the current personnel classification system.

b. The committee shall be entitled to receive any information relevant to its mission and which is not confidential.

c. The Employer shall make available to the committee such expert advice and assistance as is reasonably necessary to accomplish its mission.

d. The committee shall submit a written report to the Employer, including but not limited to any recommended changes to the personnel classification system not later than October 1, 2008.

e. The Employer and the Association shall receive a copy of any report or recommendations prepared by the Personnel Classification Advisory Committee.

Educational Discount: Any full-time unit employee who has completed one year of continuous full-time service shall be entitled to a fifty percent (50%) discount on the tuition of up to three (3) courses that bear credit per fiscal year (limited to one course per semester) on a space available basis, at any of the state regional community technical colleges.

a. Courses, for the purposes of registration, will be made available three (3) days prior to the start of classes.

b. The institution offering the course may, at its discretion, cancel the course.

c. The institution offering the course shall be the sole determining agent as to whether or not space is available.

d. Decisions regarding the availability of space, course cancellations and other administrative decisions are not grievable.

e. When payment for a course is being made by the Employer or person(s) other than the employee, or, a course is taken on other than a space available basis; there will be no discount in the tuition.

f. An employee is not eligible for this benefit in a semester in which he/she has withdrawn from a credit bearing course.

Why don’t we use contract re-opening language? If you drive for the State in your own car you will wish we had that language when gas hits $4.00 a gallon and you have to sell your cat for fuel oil.

Renegotiation: Renegotiation of this Agreement or parts thereof will be effected by written notice by one Party to the other not later than October 18, 2010 or earlier by mutual agreement. Negotiations shall commence within fifteen (15) days after the receipt of such notice.

We have to start early to bargain. The State always puts us up against the end of the budget year and threatens that they will stop step raises and deny benefits. The late start to bargaining is killing our ability to bargain. We must have a team elected by June 2008.

Impasse Procedures: The Parties shall seek to reach agreement relative to the appointment of a mediator not later than the ninetieth (90) day preceding the budget submission date. The Parties shall seek to reach agreement relative to the appointment of a fact finder not later than the sixtieth (60) day preceding the budget submission date.

Another Re-opener. The State is always hinting that if we don’t fold they will give some small unit a bigger raise and embarrass us in that way. We need to put this in the contract.

In the event that the Employer agrees to grant a general wage increase greater than that provided for in this Agreement to any other bargaining unit during the term of this Agreement, the Parties shall reopen wage negotiations within thirty (30) days after the Association makes a written demand upon the Employer to exercise this reopener

E.T.I. 2009
.

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