Washington State Employee, May 2011
Washington State Employee, May 2011
Washington State Employee, May 2011
MAY 2011
y the time you read this, the Legislature may have adjourned its special session. But even if legislators left for home, the fight over contracting out will continue between now and the 2012 session. Its a disturbing trend the union will continue to fight. Legislators can expect to hear more in their home districts in the interim between legislative sessions. It became clear in the special session that lawmakers were looking at widespread privatization even if it didnt save taxpayers any money. See CONTRACTING, page 5
State Employee
NOMINATE YOUR HEROES.
See pages 6 & 7.
The official newspaper of the WASHINGTON FEDERATION OF STATE EMPLOYEES/AFSCME Council 28AFL-CIO
WASHINGTON
DSHS employees at May 10 Centennial Building event in Tacoma. FROM LEFT: Jerry Weible, Ken Blair, Steve Carpenter, Rick Hertzog, A. Arnaud and Reidun Inman.
The solemn Workers Memorial Day procession past the 313 markers, one for every Western State Hospital member injured in assaults in the past year. Leading the march, from left: WFSE/AFSCME President Carol Dotlich; Ohio Congressman Dennis Kucinich; WFSE/AFSCME Vice President Sue Henricksen; Local 793 Western State Hospital member Robert Devlin; and Local 793 President James Robinson.
WFSE/AFSCME members and coalition partners storm a Bank of America branch in downtown Olympia April 18 on one stop of the Peoples March for Our Future to shed light on the billions in corporate tax loopholes.
UNION NEWS Judge upholds furloughs; unions ULP, grievance challenges continue
A judge May 6 upheld the furloughs mandated by the 2010 Legislature, ending the unions court challenge for now. An appeal is permitted. The unions two challenges in other venues remain alive. The unions unfair labor practice complaint goes to four days of hearing at the Public Employment Relations Commission in June. And the separate grievance is on hold pending the outcome of the ULP proceedings and the court case. On the court case, Thurston County Superior Court Judge Christine Pomeroy granted the states motion for a summary judgment and dismissed the Federations basis for the lawsuit. Pomeroy said there was no violation of the equal protection clause of the United States Constitution because there was a rational relationship between the Legislatures policy bill calling for the 10 furlough days and budget language calling for savings from compensation through the furloughs, or temporary layoffs. The judge also said the states actions did not impair the unions General Government contract. She said taken as a whole, the contracts article dealing with temporary layoffs did allow the state to impose the 10 furlough days because of a revenue shortfall. The union had argued that the contract provision allowed furloughs only for emergency financial situations and that the state knew since 2008 it had a budget problem. The state could have made up the $73.3 million in targeted savings by using a myriad of other options, the union argued. The court decision affects
No one correctly guessed the mystery worksite in last months newspaper. So were running a different angle of the same worksite, the location blacked out. We dont want to make it too easy! Tell us where this worksite is and which WFSE/AFSCME members work there. Send your guesses by e-mail to [email protected] or regular mail: Editor, 1212 Jefferson St. S.E., Suite 300, Olympia, WA 98501. Include your name and mailing address. Deadline: June 10. The first 10 readers with the correct answer who include their name and mailing address will receive a prize. only the furloughs that run through next month. It does not affect the negotiated flexible furloughs, or temporary salary reduction plan, in the 2011-2013 contract that is awaiting legislative ratification.
of an incapacitating health condition that severely impacts her ability to work full time. Shes exhausted all leave. Contact: Your human resource office. Denny Kesterson, a cook 3 at Rainier School in Buckley and a member of Local 491, has been approved for shared leave. Contact: Brenda Moen at (360) 829-3002. Tammie Rounds, a WorkFirst program specialist in Colfax and a member of Local 1300, has been approved for shared leave because of a serious medical condition. Contact: Nancy Cornwall, (509) 685-5604 or [email protected]. Diana Kelly, a financial services specialist 3 with DSHS in Federal Way, has been approved for shared leave. Contact: your human resource office.
Cherilyn Tate, a financial analyst 3 at Fircrest School in Shoreline and a member of Local 341, has been approved for shared leave. Contact: Your human resource office. Frances Woody-Smith, a financial services specialist 2 with DSHS in Vancouver and a member of Local 313, is in need of shared leave because of pancreatic cyst surgery and recovery. Contact: Steve Fettig, (360) 725-4810. Carol Deshner, a tax service representative 2 with the Employment Security Department in Tacoma and a member of Local 53, is in need of shared leave because of surgery and recovery. Contact: Phyllis Evans, (253) 593-7334. Denise Jones, a financial services specialist 3 with DSHS in Smokey Point and a
member of Local 948, has been approved for shared leave. Contact: Your human resource office. Kristelle DeAnda, a financial services specialist 3 with DSHS in Kent and a member of Local 843, has been approved for shared leave. Contact: Your human resource office. Nancy Eichenberger, a social worker 2 with DSHS in Aberdeen and a member of Local 970, has been approved for shared leave because of a serious medical condition. Contact: Your human resource office. Connie Gurske, a financial services specialist 3 with DSHS in Bremerton and a member of Local 1181, has been approved for shared leave to care for a family member with a serious medical condition. Contact: Your human resource office. Christine Sandstrom, a customer services specialist 2 with the Department of Labor and Industries in Port Angeles and a member of Local 1463, is going through biopsies and testing for cancer. She has exhausted all leave. Shes undergone surgery and may have further surgery. She has been approved for shared leave through at least June 22. Contact: Your human resource office. Scott Cummings, a custodian 1 at the Spokane Veterans Home and a member of Local 1221, has been approved for shared leave for medical reasons. Contact: Sandie Wollan, (509) 344-5777. Melanie Knudsen-Leahy, a social worker 2 in Kelso and a member of Local 1400, has been approved for shared leave to care for her seriously ill father. Contact: Your human resource office. Brian Thomas, a custodian 1 at Eastern State Hospital in Medical Lake and a member of Local 782, is recovering from neck surgery and is expected to be off work about four months. Contact: Your human resource office. Natalie Maneno, a support enforcement officer 2 with DSHS in Tacoma and a member of Local 53, will be off work for an extended time because of severe injuries suffered in a car accident April 1. Contact: Your human resource office. Robin Hicks, a social worker 2 with DSHS in Olympia and a member of Local 443, has exhausted all leave because of a serious medical condition. Contact: Your human resource office.
Financial Wellness
IN MEMORIAM
IN MEMORIAM: University of Washington Local 1488 member Trung Ngo, 36, of Covington, a maintenance mechanic 1, died April 23 in a car crash near Tiger Mountain on Highway 18 as he and his wife went to get Easter candy for their children. A car apparently driving recklessly alongside another reckless driver hit his car. Arrests were made.
State Employee
WASHINGTON
Washington State Employee (USPS 981200) is published monthly, except February and July, for $5.08 per year by the Washington Federation of State Employees/AFSCME Council 28 AFL-CIO, 1212 Jefferson St. S.E. Suite 300, Olympia, WA 98501. Affiliated with the American Federation of State, County and Municipal Employees (AFSCME) and the Washington State Labor Council, AFL-CIO.
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Periodicals postage paid at Olympia, WA and at additional offices. Circulation: 42,000. POSTMASTER: Send address changes to Washington State Employee, 1212 Jefferson St SE Suite 300 Olympia WA 98501-7501 Carol Dotlich, President Greg Devereux, Executive Director
Editor Tim Welch e-mail: [email protected] Internet: www.wfse.org Member, ILCA
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ELECTRONIC DELIVERY OPTION. If youd like to save paper and postage, you can receive this newspaper electronically. Go to www.wfse.org and hover over NEWS & INFO, located in the top menu bar. Select from the drop-down list: WASHINGTON STATE EMPLOYEE - Newspaper. Use the form on this page to register for the electronic version. Or e-mail us at info@ wfse.org, or write: WFSE/AFSCME, 1212 Jefferson St. S.E., Suite 300, Olympia, WA 98501. If youre a represented nonmember fee payer and you dont wish to receive this publication in any format, e-mail us at [email protected], or write: WFSE/AFSCME, 1212 Jefferson St. S.E., Suite 300, Olympia, WA 98501.
Page 2
May 2011
STAY UPDATED:
At press time, it wasnt clear if the Legislature would finish its business by the end of its special session, which cant go past 30 days, which is May 25. WFSE/AFSCME members stepped up the pressure with a statewide series of Hotdogs and Hotlines or Take Action events to generate phone calls to legislators. The biggest threat in the special session: Contracting out. If the Legislature is still in session when you get this, call 1-800562-6000. Tell your legislators to respect and retain the current law on your contracting out rights. Dont privatize. Its a cop out to the corporations with their billions in tax breaks.
WFSE/AFSCME Hotline: 1-800-562-6102 Website: wfse.org (with links to Facebook, Flickr, YouTube & Twitter)
Members from Frances Haddon Morgan Center and other locals on the last day of regular session April 24 to lobby against closure of residential habilitation centers.
Members from Yakima Valley School, Rainier School and other locals outside April 13 Senate budget hearing. They came to oppose closure of RHCs. LEFT: Local 491 members gathered along Highway 410 in Buckley April 29 to build public support to save residential habilitation centers from the budget ax. Rainier has been explicitly targeted by some budget proposals for closure.
May 5 Cinco de Mayo hotline event at Rainier School in Buckley (Local 491). Members flooded the Capitol with AFSCME green on the last day of the regular session April 22.
LOOPHOLES,
from page 1
that should be paid). Antitax gadfly Tim Eyman called senators stupid for suggesting voters should decide the issue. Jeff Johnson, president of the Washington State Labor Council, said after his 45-mile trek that they were walking for those who couldnt walk but whose voices really need to be heard. The bottom line is building a moral budget, one that takes responsibility to govern for the good of the people and not just for forprofit entities, said WFSE/ AFSCME Local 443 member Steve Segall, a member of the General Government Bargaining Team at an April 21 House hearing on closing tax loopholes.
SAFETY OVER SAVINGS. A WFSE/ AFSCME Community Corrections activist told a Senate committee during a special session budget hearing not to put savings before safety. Local 53 member Donald Feist (above), a Community Corrections officer 3 in Tacoma, April 28 urged senators to reject parts of SB 5891 affecting early release of dangerous offenders. The savings that may be realized by this bill will come with significant risk, Feist told the Senate Ways and Means Committee. Were now at the point of jeopardizing our neighbors and loved ones by releasing dangerous, high-risk offenders back on the streets without treatment, resources or supervision.
Local 793 members welcome Peoples Walk with an impromptu rally during the April 15 stop at Western State Hospital in Lakewood.
At April 21 tax loophole hearing. From left: Barb Hangartner, Local 313; Steve Segall, Local 443; and Katie Nelson, Local 443.
WFSE/AFSCME Executive Board member Yousef Fahoum (left) was part of Local 443 delegation welcoming marchers to Olympia Farmers Market April 17.
Washington State Labor Council President Jeff Johnson (right) leading marchers into Olympia April 17. The Peoples Walk stretched 45 miles over five days.
May 2011
Page 3
embers concerned about maintaining quality services for abused and neglected children have sparked a trio of actions over the management of the Childrens Administration in the Department of Social and Health Services.
MEMBERS IN ACTION
families (but the) actions of the assistant secretary are systematically undermining these improvements, said a letter to members from the unions Task Force for Management Accountability in Childrens Administration. The task force is a group of concerned members authorized to research and conduct the no confidence vote by the WFSE/AFSCME Statewide Executive Board. Desperately needed resources have been diverted to the implementation of new processes that are premature, ill-conceived or impediments to the mission of the agency, the task force said in the letter sent to Childrens Administration members May 13. One of those new processes is the lead agency model that the union has challenged in court and the Public Employment Relations Commission.
knowledge of its own actions or proposed actions, the unions complaint says. Starting in January 2010, the union protested over a series of actions by the Childrens Administration that promoted the contracting out without required bargaining. That culminated in February 2011 when DSHS basically solicited bids to contract out the case management statewide, not just in the two pilot areas. More required bargaining was delayed by the agency for various reasons. Meanwhile, management sent an e-mail to bargaining unit members in March 2011 to the effect that the decision to contract out case management services had already been made and further that the RFP (request for proposal) was the product of bargaining with WFSE, the union complaint says. Implying that was untrue and amounted to illegal interference with employee rights, the Federation complaint says. The union asks PERC to order the Childrens Administration to stop the contracting out until it fulfills its good-faith bargaining obligations with the Federation.
n the same day the vote of no confidence ballots went out, the union asked a court to block the planned statewide contracting out of child welfare case management services in DSHS Childrens Administration. The May 13 court date came after this newspaper went to press. The union went before a Thurston County Superior Court judge to ask for an injunction to block the contracting out until the unions full lawsuit and unfair labor practice complaint filed April 20 are resolved. The Federation asked the court to simply call a time out to let its administrative and legal challenges play out. If DSHS is allowed to proceed, irreparable harm will be done, the union lawsuit says. Even if the injunction was not granted, the union will proceed to full trial on its entire lawsuit. The union argues it would be costly for taxpayers, detrimental to young children receiving child welfare services and unfair to employees if DSHS moves forward with its contracting out and later is ordered to rescind it. The Legislature in 2009 authorized two regional pilot projects to test the effectiveness of privatizing the Child Welfare Services case management. The results were to be evaluated in 2015. Only then would the state determine if statewide contracting out made sense. But since then, DSHS has proposed fast-track expansion. The Federation contends thats an end run around the law, bargaining rights and civil service rules. Civil service employees represented by the WFSE who are laid off will suffer the loss of their livelihood, at least temporarily, during tough economic times, the unions lawsuit says. Homes or automobiles lost because payments are not made cannot be recovered when the employee eventually receives back pay as a result of the illegal layoff. Contractors with illegal contracts that are set aside on the basis DSHS violated (the civil service and bargaining laws) may have legal redress at the taxpayers expense. Recipients of child welfare services, young children particularly, may suffer as a result of certain inconsistent child welfare services case management, if not management of less quality. It is also likely that a loss of vital services for the children and families DSHS serves will be experienced due to the requirement in the RFP (request for proposals) for additional administrative functions within the private agen-
cies awarded such contracts that are to be funded within the existing limited service budget. The union argues the statewide privatization scheme is not justified by savings or efficiencies as required by law. Neither the affected employees nor the WFSE, their representative, have been afforded the opportunity to offer alternatives to the purchase of case manager services as required by law. The affected employees have not been afforded the opportunity to compete for the contract for such services also as required by law.
vote of no confidence is always a last resort. And in the Childrens Administrations vote thats the case. It isnt just the issues in the lawsuit and ULP complaint, but a series of morale-busting actions that Childrens Administration workers fear is a race to the bottom in terms of quality services for vulnerable children. Among those issues: Workload. Workload concerns remain unaddressed, the task force said. In these times of extreme economic downturn, the assistant secretary has reduced, or eliminated completely, resources necessary to keep children safe and preserve families. Failure to address workload has resulted in workload levels that are oppressive, puts children at risk and has created an environment of management hostility toward employees and fear of retaliation. Other actions prompting the no confidence vote in Revels Robinson: Targeting employees who ask legitimate questions Unnecessary and frequent changes to policies and procedures related to work practices and child safety Reductions in resources available to successfully re-unite families A rush to permanency
Page 4
Tacoma DSHS members get information on the legislative proposals to contract out at May 10 event.
Local 443 member DeFrance Clarke at locals Public Service Recognition Week booth May 4 that generated hotline calls to blow the whistle on contracting out. These are things that governments doing that there are 100-plus people in the private market that are capable of doing those kinds of services, the paper quoted Sen. Joe Zarelli, the lead Republican budget negotiator. Governments not in the business to deliver services that are commonplace in the market. Under state law and the contract, Federation members have 90 days to compete for work the state proposes to contract out. Zarellis team would exempt back-office services from that provision. What is the harm of using this process where employees have an option to present their thoughts and suggestions? the paper quoted Federation Contracting Compliance Manager Jeanine Livingston. Without engaging in the dialogue with front-line staff, youre cutting out a significant stakeholder that has the eyes and ears on the ground, so to speak. The newspaper noted the series of hotline events now going on to generate phone calls and e-mails to legislators against the privatization schemes. Meanwhile, the Federation has sent a strongly worded letter to all legislators urging them to honor the competitive contracting law, rules and contract language. The competitive contracting statute is designed to benefit taxpayers, not labor or management, wrote Dennis Eagle, the Federations director of legislative and political action. If proponents really want whats best for taxpayers, they should be willing to prove that contracting will save money or improve effectiveness, he added. Proponents should be willing to let employees do the work if we can do it cheaper or better, if cost savings is the real goal.
CHILDRENS,
from page 4
Coercion to return children to homes based on costsaving instead of safety Taken together, these add up to a dangerous hindrance that adversely affects the child welfare system that exists to preserve, provide safety and serve the needs of children and families, the task force said.
Gov. Chris Gregoire caps the pen shed just used to sign into law House Bill 1179 allowing legislators and state employees to hold informational and educational meetings at the worksite. On hand for the April 14 bill signing were (from left): Brandon Anderson, WFSE/AFSCME legislative assistant; Local 443 member Jeremy Taylor-Sparks; bill sponsor Rep. Sam Hunt of the 22nd District; Barb Hangartner, Vancouver Local 313; and WFSE/AFSCME Lobbyist Matt Zuvich. Hunt introduced the bill after Taylor-Sparks and his Health Care Authority members had invited Hunt to a worksite meeting and the agency threatened to escort the legislator off the premises for fear such a meeting would violate state ethics laws.
May 2011
Page 5
, nominate
Name of nominee
for the Medal of Valor Award. Nominees address: Work phone: ( ) Number of local: Agency: Current job class: Home phone: ( ) How long a member:
Description of why nominee should be considered for the award. Include specific example(s) of bravery and valor between Sept. 1, 2009 and Aug. 5, 2011 (attach additional sheets if needed):
If this form is not completed in its entirety, the nomination may not be considered. Date: Signature:
Nominators phone: (
Send completed nomination forms to: WFSE/AFSCME Medal of Valor Award Committee, 1212 Jefferson Street S.E., Suite 300, Olympia, WA 98501. Nominations must be received by Aug. 5, 2011.
, nominate
Name of nominee
for the Job Action of the Year Award. Nominees address: Work phone: ( ) Number of local: Agency: Current job class: Home phone: ( ) How long a member:
Description of why nominee should be considered for the award. Include specific example(s) of creative and effective job actions organized by the nominee (or nominees) since the last convention in October 2009 (attach additional sheets if needed):
If this form is not completed in its entirety, the nomination may not be considered. Date: Signature:
Person submitting nomination
Nominators phone: (
Send completed nomination forms to: WFSE/AFSCME Job Action of the Year Award Selection Committee, 1212 Jefferson Street S.E., Suite 300, Olympia, WA 98501. Nominations must be received by Aug. 5, 2011.
Page 6
May 2011
, nominate
Name of nominee
for the Howard Jorgenson Organizing Award. Nominees address: Work phone: ( ) Number of local: Agency: Current job class: Union offices held: Home phone: ( ) How long a member:
Description of why nominee should be considered for the award. Include example(s) of: organizing activities; building unity within a bargaining unit or Local Union; improving the unions community image; encouraging other members to participate; working for group welfare and unions goals, etc. (attach additional sheets if needed):
If this form is not completed in its entirety, the nomination may not be considered. Date: Signature: Nominators phone: (
Phone number of person submitting nomination
Send completed nomination forms to: WFSE/AFSCME Award Committee, 1212 Jefferson Street S.E., Suite 300, Olympia, WA 98501. Nominations must be received by Aug. 5, 2011.
, nominate
Name of nominee
for the Rosella Charvet Leadership Award. Nominees address: Work phone: ( ) Local union number: Agency: Current job class: Union offices held: Home phone: ( ) How long a member:
Description of why nominee should be considered for the award. Include examples of: active union participation building consensus; unity and solidarity; teamwork; inspirational acts; improving unions community image; encouraging other members to participate; defending workers rights; working for group welfare and unions goals, etc. (attach additional sheets if needed):
If this form is not completed in its entirety, the nomination may not be considered. Date: Signature: Nominators phone: ( )
Send completed nomination forms to: The Rosella Charvet Leadership Award Selection Committee, 1212 Jefferson Street S.E., Suite 300, Olympia, WA 98501. Nominations must be received by Aug. 5, 2011. WFSE/AFSCME Washington State Employee
May 2011
Page 7
MEMBERS IN ACTION
Presidents Council
Presidents of 31 WFSE/AFSCME locals gathered April 16 in SeaTac for the annual Presidents Council to brainstorm and share strategies for running effective locals. They got updates on legislation, bargaining and training.
WFSE/AFSCME YES! Several groups of state employees recently said WFSE/AFSCME YES! They all submitted enough signed authorization cards to win representation by the Washington Federation of State Employees. Exempt employees at The Evergreen State Colleges student services, with 56 employees, May 9. Employees in the Office of Equal Opportunity External Civil Rights of the state Department of Transportation, with six employees, March 4. Fish hatchery technicians in the Department of Fish and Wildlife, 44 employees, Dec. 17. Environmental specialists in the Building and Grounds Division in the Department of General Administration, two employees, March 2. At the University of Washington Tacoma campus, a grounds and nursery service specialist 1, mail carrier and utility worker, Dec. 17.
Gov. Chris Gregoire May 3 signed into law ESHB 1041, the WFSE/AFSCME-backed bill that aims to protect Community Corrections officers when they are off-duty. It allows CCOs with proper training and with some exceptions to carry firearms when theyre off the clock. Its to protect themselves from offenders who may recognize them and want to do them or their loved ones harm. On hand for the bill signing were (from left): the bills sponsor, Rep. Tami Green of the 28th District; Tacoma Local 53 member and CCO Don Feist; and WFSE/AFSCME Lobbyist Matt Zuvich. LEFT: The governor on May 5 also signed the omnibus Corrections safety bill (ESB 5907) that includes a new Statewide Security Advisory Committee that must include a senior ranking Community Corrections officer. And the new law mandates that the Department of Corrections report back to the governor and the Legislature by Nov. 1 on issues related to safety in Community Corrections. On hand for the bill signing were ESB 5907s prime sponsor, Sen. Jeanne Kohl-Welles of the 36th District and one of the bills co-sponsors, Sen. Steve Conway of the 29th District.
MEMORIAL,
from page 1
Ironically, no management representatives appeared at the commemoration. The number we want to see is not 313, Dotlich said. The number we want to see is zero. One of those 313 is Larry Thompson, a psychology associate in the hospitals Forensics Unit. He suffered injuries March 28 by a patient who assaulted him with a cup of scalding hot water, four minutes in a microwave, Thompson said. (He) threw it in my face, second-degree burns, partial visual problems of the left eye for a few days. Thompson filed charges against the worker. Kucinich, the keynote speaker, told of his relatives worksite injuries and the appreciation of mental health workers who have cared for his brother, who suffers from the disease. This is a moment in the history of the country when its never been more important for workers to come to the defense of their rights, Kucinich said. We are sending out a message across this county, across this state,
Local 793 member Larry Thompson with his marker (and photo of his injury) indicating hes one of the 313 injured by employee assaults at Western State Hospital in the past year. With him: WFSE/AFSCME VP Sue Henricksen (left) and WFSE/AFSCME President Carol Dotlich (right). Local 793 members and members of other unions at April 28 observance at Western State Hospital.
across this country, that we remember, we will not forget, and we will keep working to insure that workplace safety is held uppermost in the minds of everyone. Later, families of the 92 Washington workers killed on the job in 2010 gathered for the states official observance at Labor and Industries headquarters in Tumwater. Little can take away the disbelief or the pain, but coming together today to honor
the lives of your loved ones in a room filled with people of good faith, many of whom have dedicated their working lives to creating safer workplaces, and helping those injured at work, I hope will provide some small measure of solace to you, Jeff Johnson, president of the Washington State Labor Council, said. I hope this will be a part of the healing process. Observances were also held in Spokane, Everett and Bellingham.
Page 8
May 2011