February, 2003
AFSCME Council 14, Local 34
Hennepin County Social Services
and Related Employees
From the Desk of the President, Jean
Diederich
February General Assembly
Wednesday, February 5, 2003
5:15 pm
Health Services Bldg, Room 112
March General Assembly
Wednesday, March 5, 2003
5:15 pm—Health Services Bldg, Rm 112
Special accommodations will be made
for our physically challenged members.
Please call 879-3681 or 348-0266 if
arrangements need to be made.
To Contact Newsletter Editor:
Call or e-mail-- Wesley Volkenant
612-596-6552 CP 1-East mc 630
Well, the New Year is off and running. The Presidents
of the nine Hennepin County AFSCME Locals, along with
our Business Agents, have met to discuss issues facing
all of our members. We have agreed that this year we
will have a Steering Committee for our negotiations
process. The committee will be comprised of the
President and a member of each Local and the Business
Agents. Kelley Leaf has been appointed to serve as
the other member from Local 34. We have our first
meeting on February 26, 2003 to discuss strategic
plans for negotiations.
Chalmers Davis and I were involved in the Meet &
Confer process for "leave time" or PTO. Representatives
from the nine Locals, our Business Agents, and Labor
Relations and Management wrapped this process in our
final meeting on January 15, 2003. We spent time
learning about paid time off or leave time and what
plans have been implemented by various public entities
in the metro area, how they arrived at their plans and
the impact of those plans on the employees. Our
agreement at this final meeting was to work on a joint
summation of our learnings to be available to everyone.
We have not made any commitments about this issue.
Please join me in thanking Chalmers for his participation
on this committee.
By now you should have received a notice in the mail
regarding the nominations and elections of officers
for Local 34.
This notice was sent to your home
address via U.S. mail around January 9, 2003. If you did
not receive the notice, please check with our
Membership Secretary, Kelley Leaf, to see if we have
your current address.
Continued on Page 2
Local 34 Officers & Stewards
President:
Jean Diederich
348-0266
Professional Vice President:
Andrea Lennox
348-0237
Para-Professional Vice President:
Bob Velez
348-4869
Professional Chief Steward:
Cliff Robinson
348-7542
Para-Professional Chief Steward:
Dennis Miller
348-6949
Secretary:
Nancy Fleming-Norton
879-3681
Treasurer:
Elizabeth Portlance
596-8925
Membership Secretary:
Kelley Leaf
596-6963
Sergeant-At-Arms:
Vicky Moore
348-7532
Professional Members-At-Large:
Andrea Lazo-Rice
348-3188
Evelyn Nelson
348-6389
Para-Professional Members-At-Large:
Laura Weikum
522-0471
Wes McGee
348-2015
Members-At-Large:
Laurie Simon
348-8961
Donna Dregger-Holmes
348-5165
Stewards:
Shannon Wesley 348-6656, Century Plaza
Hai Jay Vu
596-7350, Century Plaza
Mohamud Noor 596-8636, Century Plaza
Steve Schoch
596-9017, Century Plaza
Judy Malcomson 596-9018, Century Plaza
Diane Fossen
302-4700, Pilot City Med Ctr
Joe Arrington
348-0230, Juvenile Justice Ctr
Terry Grace
348-7308, Juvenile Justice Ctr
Christine Brown 348-6703, Family Justice Ctr
JoAnn Elston
348-6977, Govt Center A15
Eleanor Kowalczyk 348-5942, Govt Center A16
David Madrigal 821-4564, Sabathani
Zachary Rice
821-4530, Sabathani
Monica Jochmans 348-4192, HSB 5
Lisa Durkot
596-6729, HSB 5
Brian Backberg 348-3096, HSB 10
Charissa Bryant 348-2249, HSB 10
Patricia Sheppo-Eyrich 348-6927, HSB 11
Steve Heckler
287-3406, 1011 W. Broadway
Linda Etim
287-7033, 710 W. Broadway
Barb Matos
998-0049, MHP
Jeff Meyer
348-5338, AY McDonald
Barb Garland
879-3555, 1800 Chicago
Dennis Moore
879-3560, 1800 Chicago
Shelley Koski
952-974-2412, Cty H School
Stephanie Cartwright 952-949-4698, Cty H Sch
President’s Message Continued from Page 1
We have 15 Executive Board officers elected on an annual
basis. (Please read the official notice from Nominations Chair Pat
Regan, on Page 10 of this newsletter.) These officers are
responsible for doing the work of the Local between General
Assembly and Executive Board meetings. They generally are the
persons who carry out the work based on the decisions made at
those monthly meetings. Our Officers represent our members on
a variety of committees via the Meet & Confer process with
Management as well as backing up our stewards if needed.
These are the people you elect to represent you and the decision
should not be made lightly. Nominations to serve as an officer of
the Local are open to any member who has been a dues-paying
member for a full 12 months as of February 2003. If you are
thinking about putting your name forward but are not sure what
the duties of an office entail, I’ve provided a short summary, as
listed in our Constitution, of each office (See below and page 3 of
this newsletter). If you would like more information about the
office, you can call me or the current officer who is listed after
each description.
If you are interested in offering you services to the Local but do
not feel ready to commit to serving as an officer, we have many
committees looking for members. But that is another article all in
itself….
Jean
A Summary of Our Constitutional Offices
President - presides at all meetings of the Local - GA and EBoard; is a
member of all Local committees; countersigns all checks drawn against
the Local's funds (unless the Local has authorized one of the Vice
Presidents to do so); gives reports to the body about the progress and
standing of the Local and meetings attended on behalf of the Local; is a
delegate to the Minnesota AFL-CIO Convention and a delegate to the
Minneapolis Central Labor Union Council; performs duties as assigned
by the EBoard and GA and is basically in charge of keeping track of all
the actions of the Local. Current President is Jean Diederich.
Vice President - assists the President in the work of the Local; in the
absence of the President, the 1st Vice President (odd years Professional VP; even years - Paraprofessional VP) will preside at
meetings and perform the duties of the President - in the absence of
the President and 1st Vice President, the 2nd Vice President shall do so;
assist the Chief Steward in grievances when needed; may co-sign
checks when authorized by the EBoard in place of the President or
Treasurer; perform duties as assigned by the President, GA or EBoard.
Current Vice Presidents are Andrea Lennox and Robert Velez.
Continued on Page 3
Council 14 Business Representative: Matt Nelson
o
e-mail Matt at: mnelson@afscme14.org
2
651-287-0578
News from the January General Assembly—January 8, 2003


Motion passed to send up to 50 members of the Local to attend the annual AFSCME Day on the Hill to be held on
Thursday, March 13, 2003 with the Local paying 1 day lost time, $15.00 per diem, mileage and parking or bus fare
for those members who attend this event. Delegates to Day on the Hill will be elected at the March 5, 2003
General Assembly. Day on the Hill events are held at the St Paul Radisson Hotel, with registration from 7:30 AM
to 10:00 AM and the General Session beginning at 10:00 AM. Members are strongly encouraged to participate in
this event as it is one day when AFSCME members from all over the state converge on the State Capital to talk to
our legislators about our concerns. Since the state budget will be the main topic of discussion during the coming
legislative session, it is extremely important that we let our Senators and Representatives, many who were
elected with our help, know of those concerns.
Motion passed to send our full complement of delegates to the AFSCME Council 14 Convention Friday, March 28 Saturday, March 29, 2003, paying the $10.00 cost Friday night banquet, 1/2 day lost time for Friday and any
registration costs. The convention will be held at the Thunderbird Hotel. Delegates will be elected at the March
5, 2003 General Assembly. (We have received the Call from the Council and we are entitled to 40 delegates.) And
note that Childcare is provided and paid for by the Council during business sessions. Note: If you are interested in
attending Day on the Hill and/or the Council 14 Convention and are not able to attend the March GA, please contact either Jean
Diederich or Nancy Fleming-Norton to put your name forward.



MSSA delegates were elected - John Herzog, Laurie Simon, Donna Dregger-Holmes and Andrea Lennox—with the
President authorized to approve three more members to fill our 7 delegate complement.
Motion passed to contribute $300.00 to Olin Moore, the AFSCME-endorsed candidate for the Minneapolis 3rd
Ward City Council seat.
Motion passed to approve the annual expenditures of the Local with an amendment passed to approve raising the
monthly salary for the Vice President from $130.00 per month to $175.00 per month effective January 1, 2003.
A Summary of Our Constitutional Offices, Continued from Page 2…
Chief Steward - is responsible for the processing of all grievances of their respective areas; preside at periodic steward meetings;
develop and conduct stewards training; disseminate oral and written communication to members as authorized; and perform other
duties as assigned by the President, GA and EBoard. Current Chief Stewards are Dennis E. Miller and Clifford Robinson.
Treasurer - responsible for the financial books of the Local; receives, receipts, deposits all monies of the Local; prepares and
signs checks as authorized by the membership or required by the Constitution; prepare and submit monthly reports; keeps an
accurate record of receipts and disbursements; complete all financial reports required by the International Union; serve as a
member of the Budget & Finance Committee; perform duties as assigned by the President, GA and EBoard. Current Treasurer is
Elizabeth Portlance.
Recording Secretary - keep a record of proceedings of all membership meetings and all EBoard meetings; carry on the official
correspondence of the Local; and perform duties as assigned by the President, GA and EBoard. Current Secretary is Nancy
Fleming-Norton.
Membership Secretary - shall maintain a list of all members; recruit new members; do internal organizing efforts; perform other
duties as assigned by the President, GA and EBoard. Current Membership Secretary is Kelley Leaf.
Sergeant-at-Arms - shall act as parliamentarian to advise on all questions of rules and order as all union meetings and shall
admit only union members and authorized guests into the meetings; perform other duties as assigned by the President, GA and
EBoard. Current Sergeant-at-Arms is Vicki Moore.
At-Large Members - shall attend all regular and special meetings of the Local including GA and EBoard; represent the interested
of the members in their respective classifications; perform other duties as assigned by the President, GA and EBoard. The six AtLarge members are broken down as follows: Paraprofessional At-Large - 2; Professional At-Large - 2; and Local wide At-Large - 2.
Current Paraprofessional At-Large are Laura Weikum and Wes McGee; Professional At-Large are Andrea Lazo-Rice and Evelyn
Nelson and Local wide At-Large are Laurie Simon and Donna Dregger-Holmes.
We also have one Trustee position open for election. The Trustee serves a three year term and is responsible, along with two
other Trustees, to perform an annual audit of the Local's financial books and report their finding to the membership. The current
Trustees are Wesley Volkenant, Patrick Regan and Robert Brinkhous.
The other positions on the ballot will be the Minneapolis Central Labor Union Council Delegates and Alternates. We are
entitled to eight delegates (with the President an automatic delegate by our Local Constitution) and eight alternates. The chief
responsibility of each delegate is to attend the monthly CLUC meeting and report back to the Local on those meetings. The
alternates are responsible to attend the meeting if a delegate is not able to do so. Current delegates are Jean Diederich, Evelyn
Nelson, David Heins, Wes McGee, Vicki Moore, Elizabeth Portlance, Nancy Fleming-Norton and Robert Velez. Our alternates are
Andrea Lennox, Donna Dregger-Holmes and John Bowman.
3
New to the County?
Good and Welfare
Just transferred into Local 34?
The Good and Welfare Committee was established to send
remembrances to dues paying members at times of happiness or
sorrow. This includes marriages, the birth or adoption of a child,
prolonged illness or hospitalization, or the death of a member,
immediate family member or significant other.
To sign up as a full union member or for Delta
Dental Insurance, or to get answers to your
questions about AFSCME and membership
benefits, please complete this form and send it
to:
In the case of surgery or prolonged illness, or for the
birth or adoption of a child, balloon bouquets, flowers
or plants can be sent to a member.
Kelley Leaf, Membership Secretary
Family Justice Center, Mailcode 890
In situations involving the death of a member or a
death in the family of a member, memorials can be
sent. (“Family” is defined the same as in Article 16Funeral Leave- in our contract; it includes: spouse, child,
significant
other,
father/mother,
sister/brother,
grandparent/child, aunt/uncle, niece/nephew, or person
regarded as a member of the member’s immediate
family).
Name _______________________________
Job Title ____________________________
Work Location _______________________
In the event of members getting married, retiring,
gaining U.S. citizenship, or for a death in the
family of a member or in the case of the death of a
member, a card can be sent to the family.
Mail Code ___________________________
Phone _______________________________
Please send all requests for remembrances to one of the
Co-Chairs for the Good and Welfare Committee. The CoChairs are Lisa Durkot, Barb Gassler, and Terri
Huston. The referrals must include the name of the
member and the reason for your request. If the request
is for a plant, flowers, or a balloon bouquet, you will also
need to include the person’s home phone number for
delivery purposes.
I’m especially interested in:


I want to sign up as a full member
I want to sign up for Delta Dental
Are you interested in setting the Local 34 website as your Microsoft Explorer home
page? If so, go to the website address listed above. Click on “Tools” in the menu
bar at the top of your page. Select “Internet Options.” Under the “General” tab,
find the option for Home Page, and copy the Local 34 address there. The next time
you bring up your Internet connection, the website will be your new Home Page.
Do You Have Friends Who’d Like to Receive Our Newsletter?
GET UPDATES!
There is now a quick and simple way for you to get informed on a wide variety of issues concerning AFSCME Local 34. Just
sign yourself up for our free on-line newsletter! Please follow the instructions below:
> Send an email to the following address: cwvolkenant@msn.com
> In the Subject Line or the Text, just say “Subscribe to 34 Newsletter”, and send it off
> You will get a confirmation email sent to you within 3 days
Note: If, at any time, you want to stop receiving these updates, all you have to do is send an email to
cwvolkenant@msn.com, state “Unsubscribe” in the Subject Line or Text, and your name will be automatically removed from
the list.
From the Local 34 Website:
http://www.afscmelocal34.org
For Netscape users, you may need to press “Reload” to get the most updated version.
4
“These are the times that try men’s souls. The summer soldier
and the sunshine patriot will,
in this crisis, shrink from the service of their country; but he that stands it now,
deserves the love and thanks of man and woman.”
Thomas Paine (1737–1809), Anglo-American political theorist, writer.
Written as part of a series of pamphlets, entitled The American Crisis and signed as Common Sense.
As part of an on-going theme begun in the January 2003 Local 34 newsletter, let us try to
remind ourselves of the challenges we’ll be facing this year, as the state begins to deal with
immense budget deficits, as state and county employees face ever-increasing threats on their
livelihood as government employees, and as we move into the most profound contract
negotiations period ever encountered by the Hennepin County AFSCME Locals and the
County’s Administration.
From the Governor’s “North Star” web site, January 14, 2003-http://www.governor.state.mn.us/Tpaw_View_Article.asp?artid=63
GOVERNOR PRESENTS EMERGENCY SUPPLEMENTAL BUDGET PLAN
Beginning his second week in office, Governor Tim Pawlenty released his emergency supplemental budget, calling on
the Legislature to take speedy action to wipe out the $356 million deficit for the current fiscal year that ends on June
30th. With just five and a half months left in the fiscal year, Pawlenty added that each day that passes without action
makes the deficit problem much more difficult to solve.
The Governor's emergency budget plan includes structural -- or permanent -- budget reductions, and use of one-time
monies. Structural reductions total $171 million, including $77 million in agency grant and program reductions, $44
million in state government operational reductions, and $50 million in higher education savings. An important
part of the plan gives additional tools to state agencies and higher education systems to meet the
reduction targets. Tools to add flexibility include use of mandatory salary savings measures, such as
a shorter workweek, to prevent layoffs. It also includes restricted out-of-state travel, retention of the
flexible hiring freeze enacted by the Ventura Administration, and repeal of current laws which
prohibit the use of private sector providers for state services.
In addition, $297 million in one-time monies are used to close the budget shortfall. That part of the plan refinances
general fund highway projects with trunk highway bonds, taps excess balances in other state funds, and uses a 90day delay in the payment of sales tax refunds on capital equipment purchases.
In anticipation of the possibility of a larger-than-forecast deficit by the end of the fiscal year, the Governor's plan
leaves $136 million on the bottom line and in reserves. "We've built in a cushion just in case revenues are down at
year's end," said Finance Commissioner Dan McElroy. "In the event that revenues are up, this is a down payment on
the huge budget deficit we're looking at for next year."
"From selling the state jet to reducing the cost of state government for the long-term, this is a common sense plan
that solves the immediate problem and gets us on our way to tackling the larger budget deficit," Pawlenty added.
"There is no question our broader budget solution is going to demand fundamental reforms -- a
reengineering of state government to better meet the needs and priorities of Minnesotans. But in the
short-term, we have to get this year's budget back into balance -- and do it quickly."
For one alternative voice, see the 1/15/03 article, “Economics for the People” by Kari Lydersen at
Alter Net: http://www.alternet.org/story.html?StoryID=14943
For the impact on Medicaid programs around the nation, see this story at Stateline.org: “Budget Ax
Hits Medicaid Second Time” http://www.stateline.org/story.do?storyId=281655
5
A news report on the Governor’s plan… from the StarTribune.com web site, January 15, 2003:
Round One: State begins to feel the pinch
by Patricia Lopez and Dane Smith
From Women, Infants and Children grants to ethanol subsidies, many functions of state government would get pinched -- some
harder than others -- and the state's few remaining stashes of money would shrivel under a plan released by Gov. Tim Pawlenty on
Tuesday.
To close a $356 million projected budget gap in the last half of fiscal year 2003, Pawlenty would cut $171 million from state
government and tap another $297 million in one-time funding. That would balance the books by June, when the fiscal year ends,
and leave a thin cushion of $136 million before the next wave of red ink -- a projected $4.2 billion worth -- hits in 2004-05.
Pawlenty described his proposed cuts as "modest, thoughtful and fair," saying they spared K-12 education and relied more heavily
on one-time funding than on outright reductions. Also mostly spared were local governments, which are braced for big cuts in the
next round.
Pawlenty said the proposed cuts to state agencies average 4 percent of their budgets and are not across-the-board cuts, but rather
are tailored to each agency's needs.
Human Services, for instance, has the biggest-dollar reduction to its operating budget of any agency -- $6.7 million -- but at 2.5
percent of its total budget, that is far less than the average agency cut.
Much more pain ahead
Pawlenty warned that the coming solution to the state's larger two-year deficit will be far more painful, and may involve a
dramatic reordering of how the state does business.
Among those changes, Pawlenty seeks concessions from unions that could result in a leaner, smaller workforce
and a state that relies far more on private outsourcing than on permanent union workers.
Pawlenty called a law that prevents the state from out-sourcing services, or hiring private companies to do state
work, "a stupid law," adding that it is "archaic" and overly protectionist. He also wants agencies to be able to
mandate reductions in hours by ordering either longer unpaid lunch times, or shorter workweeks.
"I cannot overstate how difficult this is going to be," Pawlenty said in his first major performance as governor. "We are in a crisis."
And he restated his opposition to tax increases.
The state's situation, he said, was analogous to a family in which the parents are working two jobs. When hard times come, he
said, the answer is not for the parents to go out and get yet another job. Despite years of tax cuts, he said, Minnesota remains in
the upper ranks of highly taxed states. The answer, he said, would be for state government to learn "to live within its means."
From the Coon Rapids’ ECM Publishers, here’s an excerpt from its Capitol Roundup, 1/14/03:
http://www.hometownsource.com/capitol/2003/January/14budget.html
Other money-saving items the administration is seeking includes mandatory salary savings measures which could translate
into shorter work weeks for state employees.
Pawlenty defined the measure as a means of preventing layoffs. But McElroy indicated that layoffs are likely unavoidable in
dealing with the short-term deficit. "I think it will be hard to do this without some loss of jobs," he said.
Besides retaining the state worker hiring freeze begun by Gov. Jesse Ventura -- perhaps even tightening its, said Pawlenty -the governor also wants lawmakers to repeal current laws prohibiting the use of private sector providers for state services.
"This is an outdated, archaic law," said Pawlenty.
In response, State House leaders planned their own initial cuts… see StarTribune.com, 1/22/03
The broad framework of a 2003 budget fix, mostly resembling the plan offered last week by Gov. Tim Pawlenty, passed the House 79 to 47 on
Tuesday. One key difference is emerging: The Republican-controlled House is moving toward restoring about 80 percent of Pawlenty's proposed
cuts in subsidies for farmers and ethanol producers, or cutting about $5.3 million, rather than almost $27 million. To make up the difference,
House Republicans have rudimentary plans to make deeper cuts in health and human services; dump the Highway Helper program, which
offers roadside assistance; trim some road projects, and cut funds for Driver and Vehicle Services.
A state health insurance plan for children from low-income families, as well as welfare and health care for people who aren't
U.S. citizens, would be eliminated under a proposal approved by the Health and Human Services Finance Committee. Likewise, fees and
eligibility for subsidized child care, the TEFRA health care program for disabled children and Minnesota Care would be tightened under the plan.
The proposed cuts to health and human services are expected to total $7 million more than the $29 million proposed by Pawlenty last week. House
Republicans felt that the administration's proposed cuts were "too light," said Rep. Fran Bradley, R-Rochester, the chief author of the plan. "This
may be controversial, but it's the kind of thing we have to do," he said. The plan drew immediate opposition from family and children's advocates.
6
From the St. Paul Pioneer Press, January 15, 2003, are excerpts from a story by Patrick Sweeney…
http://www.twincities.com/mld/pioneerpress/4948106.htm
Ethanol producers would lose most of their subsidy, some state workers might lose their jobs or be forced to take
unpaid time off and the state would borrow, rather than pay cash, for some road construction projects under a shortterm budget fix proposed Tuesday by Gov. Tim Pawlenty.
The Pawlenty plan would cut higher education funding by $50 million, evenly divided between the University of
Minnesota and the Minnesota State Colleges and Universities system. Another $50 million in savings would come
from delaying, by 90 days, state sales tax refunds to companies that buy new equipment. Smaller pieces of the
budget-balancing puzzle include a proposal to eliminate $300 in funding for a state band and selling a twin-engine jet
the state acquired after it was seized from drug traffickers. Sale of the jet is expected to yield about $750,000.
Pawlenty said he will seek two major changes in state law. One would allow supervisors to demand
that state employees take longer, unpaid lunch periods or work shorter workweeks. The second
would amend a law that now bars the state from contracting with private companies to perform work
done by state employees. "Minnesotans have got to know we've got a law on the books that prevents
us from saving money," Pawlenty said of the ban on outside contracting. "It's a stupid law."
Peter Benner, executive director of Council 6 of the American Federation of State, County and
Municipal Employees, the largest state employee union, said workers would be willing to volunteer to
take time off without pay. But he said he doubted Pawlenty could break existing contracts by passing
a law that would give agency heads authority to require unpaid time off. "We think they're getting
bad legal advice on that," Benner said.
The biggest component of the short-term budget cure, and one that is opposed by many House Republicans, amounts
to borrowing to fix part of the deficit. It is a plan to borrow, instead of paying $130 million in cash, for road and bridge
projects. Last year, the Republicans refused to accept a Senate plan to borrow the money. The Republicans argued the
change would reduce total construction.
McElroy said he assumed that the 4 percent cut in state agency budgets would result in a few layoffs, but that
voluntary or mandatory time off for employees would keep the number small.
And it’s not just the frozen Twin Cities facing these challenges (although ours is the 4 th largest)… a
search of Google News found similar stories on state and city budget deficits in:
San Diego, California, San Diego Union Tribune, 1/15/03
State of Michigan, Detroit News, 1/15/03
Accomack County, Virginia, Tasley Eastern Shore News, 1/15/03
Commonwealth of Massachusetts, solaraccess.com, 1/15/03
State of Kentucky, Bowling Green Daily News, 1/15/03
State of Indiana, Muncie Star Press, 1/15/03
State of Georgia, Atlanta Journal-Constitution, 1/15/03
State of Alaska, alaskajournal.com, 1/13/03
State of New York, New York Times, 1/15/03
Pasadena, TX ISD, Pasadena Citizen, 1/15/03
State of Colorado, denverpost.com, 1/14/03
State of Washington, Tacoma News Tribune, 1/12/03
At CNSNews.com (January 9, 2003), they’re looking at deficits across the nation:
http://www.cnsnews.com/ViewBusiness.asp?Page=%5CBusiness%5Carchive%5C200301%5CBUS20030109a.html
The New York Times, on January 14, 2003, notes that most new Governors are facing these budget crises this year:
http://www.nytimes.com/2003/01/14/politics/14GOVS.html?ex=1043298000&en=47d91be3c36fc3b2&ei=5062&partner=GOOGLE
"Everybody can be great. Because anybody can serve. You don't have to have a college degree to serve. You don't have to
make your subject and your verb agree to serve.... You only need a heart full of grace. A soul generated by love."
------ Martin Luther King, Jr.
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Submitted by Local 34 Webmaster John Herzog:
Have I Got This About Right?
I had a thought today, while listening to the Democratic news conference on C-SPAN.
The Bush administration would like to privatize hundreds of thousands of government jobs.
Hmm...move the jobs from the "public sector" to the "private sector." He says he has reduced the size
of government, created hundreds of thousands of "new" private sector jobs, when actually the jobs
have just shifted from one sector to another. He makes it look as though new jobs have been created
when actually he has just played a huge shell game.
In addition, private companies get to provide these services, most likely with tax credits involved, and
the shareholders get their dividends tax-free.
In the meantime, the former government workers see their wages and benefits shrink as the company
strives for greater and greater profits.
Have I got this about right?
Vice-President Bob Velez has some thoughts to share with us on the meaning of service, and what our relationship should/might
be in these challenging times ahead….
Your relationship with your union
Part 1 of an ongoing series
by Bob Velez, Para-Professional VP
AFSCME Council 14 held a leadership conference in January that I attended. Invariably, as with all conferences, an emphasis was placed on
developing leaders and “recruiting” others to serve the union in some capacity. Those of us that attended form a core of Local 34 activists that
must continually grow if we are to remain a viable organization that has the ability to get results.
It is vital for members, especially you who are reading this right now, to understand that “The Union” is not a mythical creature that looks down
upon us from Mount Olympus or Valhalla whom we must worship and it will shower us with many blessings. Nor is “The Union” a super hero of
old that is ready to be dispatched at a moment’s notice to right the wrongs of the workplace. “The Union” is simply an organization, an idea, and a
vehicle for workers to retain some of the power that non-union employees forfeit to their employer every day.
Where do we, the members, fit into this organization, idea and vehicle? We are the fuel! What happens when a car runs out of gas? We know
all too well, don’t we? The owner of the vehicle is the only one to blame when the car putters to a halt, right? Consider this: if we, as members,
fail to refuel our organization with fresh, new ideas, vision, zeal, acts of service, and commitment, then we are the only ones to blame when “The
Union” fails to meet our individual needs.
The best way to ensure that your Union will be there for you is to treat it as your own. Care for it, refuel it from time to time with acts of service
or ideas, talk about it with others to keep it on the lips of your comrades and co-workers, stand up for it. When others point out your “vehicle’s”
faults, ask what THEY would do to repair it!
I raise this issue to encourage members to seek out opportunities to serve and be an active part of Local 34 and help us to continue our tradition
of fighting for justice and equality for workers.
Politics aside, a strong union can only help your current work situation. Whether it is in collective bargaining to retain rights or procure new
rights, or whether it is in the relationships that positive, effective leaders build with management to get issues addressed, a strong, vibrant,
democratic union is an asset to your employment experience.
I urge you all to please consider running for a position on our Executive Board. All the seats are up for re-election this year in April. You can
nominate yourself. Any Executive Board member can answer questions about responsibilities, time commitments, and can share their own
experiences on union service. If leadership seems too daunting a task for you, consider becoming a Steward or a member of one of our many
committees that do the union’s work. Or you can simply wear your green “The County Works Because WE do” button everyday, or volunteer to
distribute newsletters. No matter how little time you have, there is some capacity in which you can serve Local 34.
The more people that “refuel” their Union by offering themselves for service, the stronger we will be.
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NLRB Reversals During the Bush Administration
by Ross Runkel, Editor, Employment Law Memo
[Revised 12/27/2002. To be continually revised as the NLRB takes action.]
This article highlights National Labor Relations Board decisions that are most likely to be reversed by a new Board appointed by President George
W. Bush. The membership of the 5-Member NLRB has shifted to a pro-management majority. By law, no more than three Members can be from
the same political party, and the Board now has three Republicans and two Democrats.
On November 14, 2002 the Senate confirmed five presidential nominations: Robert J. Battista (Rep) for a term expiring in
December 2007, who the President has named as Chairman; Peter Schaumber (Rep) August 2005; R. Alex Acosta (Rep) August
2003; Dennis P. Walsh (Dem) December 2004; and Wilma Liebman (Dem) August 2006. Swearing-in was completed on December
24, 2002. The newly-appointed Board has already started the process of reversing several policies that were put in place under
the Clinton-appointed Board. Although more than 90 percent of all NLRB decisions are unanimous, a small number of cases tend
to be decided along political party lines, and these cases often involve important legal policies that have a high impact on
employers, unions, and employees.
The NLRB has a great deal of discretion to decide on detailed interpretations of the National Labor Relations Act. Generally, when
the Act does not give a clear answer to a legal question, the courts are required to defer to the NLRB's interpretation, assuming it
is a reasonable one. Chevron U.S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). As a result of this
"Chevron doctrine," shifting majorities on the NLRB are able to change the Board's interpretation of the law, with court approval in
most cases.
St. Elizabeth Manor, Inc. is overruled.
MV Transportation, 337 NLRB No. 129 (07/17/2002), re-established the doctrine that an incumbent union in a successorship situation is entitled to
- and only to - a rebuttable presumption of continuing majority status, which will not serve as a bar to an otherwise valid decertification, rival
union, or employer petition, or other valid challenge to the union's majority status. This overruled St. Elizabeth Manor, Inc., 329 NLRB No. 36
(1999), which had held that when an employer acquires a unionized employer's workplace and is required to recognize the union, the employees
are prohibited from seeking to decertify the union until the union has had "a reasonable period of time for bargaining" with the new employer.
Weingarten rights for non-union employees.
In NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), the United States Supreme Court upheld an NLRB ruling that employees in a unionized
workplace may request the presence of a union representative at an investigatory interview which the employee reasonably believes might result in
disciplinary action. But the NLRB has gone back and forth on the issue of whether the Weingarten principle extends to employees in a non-union
setting. Materials Research Corp., 262 NLRB 1010 (1982), extended the principle to non-union workers, and then Sears, Roebuck & Co., 274 NLRB
230 (1985), held that Weingarten principles do not apply in circumstances where there is no certified or recognized union. Epilepsy Foundation of
Northeast Ohio, 331 NLRB No. 92 (2000) once again extended Weingarten to cover nonunion employees. The Board's vote was 3 to 2 along party
lines. Although the Board's decision was upheld in Epilepsy Foundation of Northeast Ohio v. NLRB, 268 F.3d 1095 (D.C. Cir. 2001), a return to the
pre-Epilepsy rules should be well within the Board's discretion.
Possible new standard in "salting" cases.
FES, 331 NLRB 9 (2000), set the standards for analyzing "salting" cases - where a union organizer applies for employment with the objective of
soliciting employees on behalf of a union. In Exterior Systems, Inc., 338 NLRB No. 82 (11/22/2002), two former Board Members signaled a change
in the FES standards so that the General Counsel would have to demonstrate that an applicant actually intended to gain employment or had a
genuine interest in gaining employment.
Whether graduate students and medical "house staff" are "employees."
In Cedars-Sinai Medical Center, 223 NLRB 251 (1976), decided shortly after the enactment of the Health Care Amendments to the National Labor
Relations Act, a Board majority concluded that medical interns, residents and fellows were not statutory employees. In St. Clare's Hospital &
Health Center, 229 NLRB 1000 (1977), the Board attempted to clarify its Cedars-Sinai decision by emphasizing that the decision was one involving
individuals who were primarily students rather than employees. In Boston Medical Center, 330 NLRB No. 30 (1999), the NLRB found that medical
interns, residents and fellows are statutory employees. The Board said, in effect, that their status as students does not mean they cannot also be
employees. The Board's vote was 3 to 2 along party lines.
For decades the NLRB considered university graduate assistants not to be employees. Adelphi University, 195 NLRB 639 (1972); Leland Stanford
Junior University, 214 NLRB 621 (1974). However, New York University, 332 NLRB No. 111 (2000), held that a university’s teaching assistants,
graduate assistants, and research assistants are employees under the Act. This decision was by a 3-0 vote. One Republican Member wrote a
separate opinion pointing out that the graduate students in the case did not perform their duties as a necessary and fundamental part of their
studies, and this made the case basically different from Boston Medical Center.
Whether dispatchers are supervisors.
Mississippi Power & Light Co., 328 NLRB No. 146 (1999), overruled Big Rivers Electric Corp., 266 NLRB 380 (1983), and concluded that a public
utility's dispatchers are not supervisors. The majority found that "the dispatchers' purported authority to assign and direct field employees does
not involve the exercise of independent judgment within the meaning of Section 2(11)."
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Including temporary employees in the bargaining unit.
M.B. Sturgis, 331 NLRB No. 173 (2000), permits temporary employees mixed in with regular employees to join a collective bargaining unit if the
two groups share a "community of interests." The Board's vote was 3 to 1 along party lines. Previous Board decisions (Greenhout, 205 NLRB 250
(1973); Lee Hospital, 300 NLRB 947 (1990)) permitted an objecting employer to block a union representation petition directed at those workers.
Tree of Life, Inc. d/b/a Gourmet Award Foods, 336 NLRB No. 77 (2001), extended the Sturgis doctrine by finding that temporary employees were
automatically included in a collective bargaining unit. Thus, a collective bargaining agreement applied to those workers.
Decertifying and derecognizing an incumbent union. [See discussion of MV Transportation, above.]
Under the long-standing doctrine of Celanese Corp., 95 NLRB 664 (1951), an employer could withdraw recognition from an incumbent union if the
employer had a good-faith uncertainty as to the union’s majority status. After Levitz, 333 NLRB No. 105 (2001), the Board now requires an
employer who withdraws recognition from an incumbent union to prove that the union had, in fact, lost majority status at the time of the
withdrawal. The Board's vote was 3 to 1 along party lines.
Chelsea Industries, Inc., 331 NLRB No. 184 (2000), held that if the evidence of employee dissatisfaction with a union was gathered during the oneyear period during which a union's majority status is immune from attack, then that evidence cannot be used to support withdrawal of recognition
after the one-year period.
Use of mail ballots in NLRB elections.
San Diego Gas & Electric, 325 NLRB No. 218 (1998), approved the use of mail balloting where the 20 unit employees worked at eight different
locations spread across more than 80 miles. The majority abandoned the standard set forth in the Board's Casehandling Manual that "the use of
mail balloting, at least in situations where any party is not agreeable to the use of mail ballots, should be limited to those circumstances that clearly
indicate the infeasibility of a manual election." Noting that the Manual has not been revised since 1989 and does not reflect Board decisions issued
since that date, the majority stated that "this has resulted in some confusion as to when it is appropriate to use mail ballots." Members Fox and
Liebman set forth the following guidelines clarifying the circumstances under which it is within the Regional Director's discretion to direct the use of
mail ballots: (1) where eligible voters are "scattered" because of their job duties over a wide geographic area; (2) where eligible voters are
"scattered" because of their work schedules; and (3) where there is a strike, a lockout, or picketing in progress.
Photographing and videotaping employees.
Randell Warehouse of Arizona, Inc., 328 NLRB No. 153 (1999), held that it is not per se unlawful for a union to photograph union representatives
distributing union literature outside the employer's facility, thus overruling Pepsi-Cola Bottling Co., 289 NLRB 736 (1988). The Board indicated that
it would continue to follow F.W. Woolworth Co., 310 NLRB 1197 (1993), which makes it an unfair labor practice for an employer to photograph or
videotape employees engaged in protected activities.
Blocking charges.
The Board's policy is to hold in abeyance the processing of any representation case where an unfair labor practice charge is filed alleging unlawful
conduct which, if proven, would have a tendency to interfere with the free choice of employees in an election. See United States Coal Co., 3 NLRB
398 (1937); Big Three Industries, 201 NLRB 197 (1993); NLRB Casehandling Manual (CHM), Section 11731.5. Two former Members signaled their
desire to reconsider the "blocking charge" policy in circumstances where the unfair labor practice charge alleges conduct that could properly be
alleged in a postelection objection. Bally's Park Place, Inc., d/b/a Bally's Atlantic City, 338 NLRB No. 43 (10/21/2002).
Reprinted with permission.
Article submitted by John Herzog
From Nominations Committee Chairperson, Pat Regan:
Nominations for Local 34 Officers
Norm Coleman did it, and Garrison Keillor didn’t like it. Tim Pawlenty did it, too. But before they got elected, they needed to be
nominated.
Nominations for the Local’s officers will be made at the February (February 5, 2003) and March (March 5, 2003) General
Membership meetings, to be held in Room 112 of HSB (Health Services Building, 525 Portland Ave S). The meeting time is at
5:15 pm.
Nominations for the following offices will be taken:
President, Professional Vice President, Para-Professional Vice President, Financial Secretary/Treasurer,
Membership Secretary, Recording Secretary, Sergeant-at-Arms, Executive Board-at-Large (2 positions), Co-Chief
Steward (Professional), Co-Chief Steward (Para-Professional), Professional Executive Board-at-Large (2 positions),
and Para-Professional Executive Board-at-Large (2 positions). Also being elected are a Trustee (3 year term),
Central Labor Union Council Delegates (7 positions) and Central Labor Union Council Alternates (8 positions).
All interested parties should contact the Nominations Committee Chairperson, Pat Regan, at 612-348-8760, or attend the
February or March membership meetings.
To be eligible for nomination to any office—other than Central Labor Union Delegate or Alternate—a member must be in
continuous standing for one year immediately preceding the February nomination meeting.
From 12/23/02 AFSCME in Motion newsletter
Scrooged Again
The Minnesota Taxpayers Association is proposing a get-rich-quick scheme for the state to "find $3 billion fast" through wage-and-benefit concessions
from an estimated 280,000 city, county, state and public school employees. Their Scrooge-like suggestions include freezing public employee pay for two
years, increasing public employees' share of health insurance premiums and suspending employer pension contributions for two years. What does the
state-workers' union, Council 6, think about those ideas? In a newspaper article, Exec. Dir. & Intl. VP Peter Benner likened the proposals to
"imposing a $3 billion tax solely on employees in the public sector." The legislature, he pointed out, cannot impose a pay f reeze or reduce health
benefits without violating the state's collective bargaining law.
Dear Local 34 Members,
Thank you so much for your generous contribution. Your financial support is key in my efforts in this very important special
election for Minneapolis City Council. I am confident the voters of the third ward will see that I am a leader who will bring
neighbors together. During this very short election, your help will ensure the Democratic message is reaching voters in the third
ward and bring us to victory!
Again, thanks for your support.
Sincerely,
Olin Moore
Local 34 Members in the January/February 2003 AFSCME Public Employee
Three Local 34 members are pictured in our most recent issue of the AFSCME Public
Employee which has been delivered to your mailbox in the past few weeks. Look at page
13 - Marcia Dietz, Wes McGee and John Bowman are pictured as they participate in the
October 5th fair trade rally in Cloquet and Duluth.
Dear Local 34,
Thank you for the flowers I received from you. They definitely gave my spirits a boost as I recover at home. Thanks to all. I am
proud to be a member of AFSCME Local 34, Council 14!
Gayle Cheesebro
"COMPASSIONATE CONSERVATISM": WHAT IS IT, REALLY?
by John Herzog
THE FOLLOWING ARE EXCERPTS TAKEN FROM A SPEECH THAT PRESIDENT GEORGE BUSH MADE IN APRIL, 2002
IN CALIFORNIA.
President Promotes Compassionate Conservatism
Parkside Hall, San Jose, California; April 30, 2002
"Business investment and job creation are not what they should be. We cannot be content with one quarter's news.
We cannot be complacent. My attitude is that we'll let the statisticians talk about the numbers. But so long as
somebody who wants to work can't find work, that's a problem for America."
"Government cannot solve every problem, but it can encourage people and communities to help themselves and to
help one another. Often the truest kind of compassion is to help citizens build lives of their own. I call my philosophy
and approach "compassionate conservatism. It is compassionate to actively help our fellow citizens in need. It is
conservative to insist on responsibility and on results. And with this hopeful approach, we can make a real difference
in people's lives."
A telling example of the President's new "compassionate conservatism" resulted in the end of unemployment
benefits for over 800,000 Americans whose benefits ran out on December 28th of this year. Rather than follow in
the footsteps of the Democratically-led Senate, Republicans in the House of Representatives decided to adjourn for
the holidays without extending benefits to unemployed workers and their families. Merry Christmas! If this is an
example of the President's idea of "compassionate conservatism", I think the country needs a new leader. Where
have our values gone? When did we stop caring about other human beings in need? When did we become so
selfish, caring only about our own fortunes at the expense of others? Apparently we are only supposed to think
about "terrorism and war", as if that were the only critical need in the world. When did we stop acting human?
I hope that we can all spend some time this holiday season thinking about what our "real" priorities are. Maybe we
can once again adopt that old proverb that "it is better to give than to receive". Maybe we can regain our humanity!
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Ed. Note: Local 34 membership has changed considerably since this article was last printed in 2000.
Please take time to review it… and please retain this page/article for your on-going reference….
DELTA DENTAL INSURANCE
by Bernard J. Grisez, Local 34 Delta Trustee
(This is a re-edited/updated re-publication of the article which first appeared in the Local 34 BANNER in 1990, and was repeated in July 1996, Sept.
1997, Dec. 1998 & Oct. 2000.)
I) BACKGROUND
Among the AFSCME Union-negotiated benefits available to Hennepin Co. employees, who are Council 14-Local 34 bargaining unit
(Hennepin County Social Service and Related employees) members, is a group dental insurance "Plan" through Delta Dental of
Minnesota. This insurance began in October, 1985. It emphasizes basic, preventative care (checkups & cleaning) over more
expensive, restorative services (fillings, crowns, dentures), and payment levels have been set accordingly, including both
deductibles and co-pays (see your benefit book for details). It does not presently include coverage for orthodontia. (See County's
Benefits book or Intranet site for it's "voluntary" dental plan).
II) FUNDING
The Plan is administered by the Union, not by the County. It is paid for by a County per-capita contribution to a Union-managed
trust fund. The Union, in turn, pays the insurance premiums quarterly to Delta, for specified dental care services for our members
and their eligible dependents. The amount of county’s contribution is bargained as part of out total union contract package, and is
listed in the printed contracts given to each member. The premium we pay to Delta is the same for single and family/dependent
coverage.
[This benefit is based on the principle of collectivity (“in union there is strength”) and on the insurance
principle that the larger the group, the lower the costs of the benefit to each individual. Eligible union
members/employees may choose not to use this benefit, but cannot increase their salaries as a result.]
III) ELIGIBILITY
If you are in our bargaining unit, you are covered under Delta, whether you are a "fair share", or a full voting, member of the
Local. Eligibility for Delta Dental begins on the first day of the month after one full calendar month of employment. (You start
work on June 11th, your Delta coverage is effective August 1st). If a member misses the initial eligibility enrollment
deadline date, s/he must wait until the next annual Open Enrollment, which is announced regularly in this newsletter.
Once enrolled, members must then notify their dentists that they are covered by “AFSCME Delta-Group 538”, and establish with
those dentists how covered services will be actually billed to the Plan. MEMBERS ARE INDIVIDUALLY RESPONSIBLE FOR FULLY
FAMILIARIZING THEMSELVES WITH THE VARIOUS COVERAGE LEVELS, COPAYS, AND FOR KNOWING THE LIMITATIONS OF THE
COVERAGE, as described in the benefit booklet. They are also responsible for notifying the union, ASAP, of any event which
would change their participation in the plan (promotion out of the bargaining unit, adding new, or deleting no longer eligible,
dependents, resignation or retirement, etc.)
IV) ENROLLMENT
Members must individually enroll both themselves and any eligible dependents, to have their dental bills paid by the Plan.
Members can enroll at the time of the Union presentation done by the Local 34 Membership Secretary and other officers during
their employee orientation. If the member does not attend the presentation—or one is not available through the member’s
Department—forms can be obtained directly from the Membership Secretary, who should have Enrollment forms, "Change of
Status" forms, and benefit books for each new enrollee. These forms are normally offered to new Local 34 bargaining unit
members, as soon as the Union becomes aware of their presence in the County. The most recent reprint of the benefit book is
dated 04/2002 on the back cover. Local 34 bargaining unit members who may never have enrolled in Delta Dental, or who need
to make a change in their coverage, should obtain the necessary form, complete it and return it to the Membership Secretary.
V) MANAGING YOUR PARTICIPATION
Members who have problems getting dental services, or bills paid, should first try to work it out with their dentist and directly with
Delta. They may call the Council 14 Delta person Cindy Pince, at 651-455-0773, to verify that they, and/or their dependents,
are enrolled; regarding non-payment of bills by Delta; and/or to exercise their rights under "COBRA" to extend their Delta
coverage beyond departure from county employment. The Union will, however, automatically contact them about COBRA as soon
as notice is received that they have left the bargaining unit. Finally, neither the Union, nor Delta, can control a dentist's choice to
disaffiliate with Delta - if your dentist "quits", you will either pay the resulting higher costs or switch dentists.
If, after the dentist, Delta, and Cindy Pince, have all been tried and a problem is still not resolved, members may
contact the Local 34 Delta Dental Trustee, by email (preferably), or by phone @ 612-348-6397 for
advice/assistance.
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