http://www.afscmelocal34.org/
AFSCME Council 5, Local 34, Hennepin County Social Services and Related Employees
L 34 Banner – 07/2008
Issue Contents:
July 2008
General Assembly
Wednesday, July 2, 2008
5:15 pm
Health Services Bldg, Room 112
Special accommodations will be made for
our physically challenged members.
Please call 596-7455 or 348-0266 if
arrangements need to be made.
Hennepin County
Annual
AFSCME Picnic
Sunday, July 20, 2008
Noon – 4:00
August 2008
General Assembly
Wednesday, August 6, 2008
(HSB 112)
Local 34 Banner
French Region Park
12615 County Road 9
Plymouth, MN
763-559-8891
Located on the North end of
Medicine Lake – take the Co. Rd. 9 exit
off either 169 or 494
July 2008
Pg 2 – Officer/Steward List; Notice of
International AFSCME Convention
and State AFL-CIO Convention
Pg 3 – VP Volkenant’s Report on the
May Meet & Confer and E-Board
Meetings
Pg 4 – Report on the June 2008
General Assembly Meeting, Council 5
Training and a Call for Help for Union
Brothers & Sisters
Pg 5 – Highlights of the June 2008 EBoard and Meet & Confer Meetings
Pg 6 – Good & Welfare, PEOPLE,
Upcoming Meetings Schedule
Pg 7 – Council 5 News and Report on
Hennepin HealthWorks and the Be
Well Center
Pg 8 – Report on Hennepin Health
News and Statistics
Pgs 9 – 11 – Legal News – Engquist
Ruling Setback for Public Employees,
EFCR, Supreme Court Rulings
Pg 12 – Robin Katz’s Health Warning
on Polycarbonate bottles
Pg 13 – Women’s Leadership
Gathering, Unions Alive & Well in
Minnesota, Some Layoff FAQs
Pg 14 – AFSCME & Move On Take on
McCain and the War in Iraq; Jobless
Benefits and Unemployment
Pg 15 – VP Volkenant’s Column and
Obama Getting Union Support
Pg 16 – She’s Back! President
Diederich’s Column on the Budget,
Seniority Lists Need to be Reviewed
by July 11, Conventions & Insurance
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Local 34 Officers & Stewards
7/1/08
President:
Jean Diederich
Vice Presidents:
Mary Kay Windels
Wesley Volkenant
Chief Stewards:
Cliff Robinson
Cathy Cowden
Recording Secretary:
Rita Salone
Treasurer:
Patrick Regan
Membership Secretary:
Katie Farber
Sergeant-At-Arms:
Chalmers Davis
Members-At-Large:
Andrea Lazo-Rice
Ibrahim Adam
Angel Alexander
Betty Pharr
Jacquelin Poole
Alex O. Gordon
38th International Convention
348-0266 – 880
348-7546 – 961
348-9592 – 630
348-7542 – 961
543-0301 – L890
596-1003 – L890
348-8760 – L890
543-0306 – L890
The 38th AFSCME International Convention will take place in San
Francisco from July 28 to August 1, 2008. Most activities for AFSCME's
Convention will be taking place at Moscone West, 4th and Howard Streets.
521-3056 – N704
348-2249 – 959
348-2313 – 961
596-1863 – 630
348-8263 – 630
348-4246 – 956
348-6910 – 961
Stewards:
Zachary Rice
348-2274, Century Plaza 1
Ester Killion
596-7858, Century Plaza 1
Miguel Salazar
596-7465, Century Plaza 2
Nancy Scarlotta
348-9452, Century Plaza 2
Fatuma Kassim
596-8457, Century Plaza 2
Kela Williams
596-0949, Century Plaza 2
Jamoda Williams
596-8948, Century Plaza 4
Diane Fossen
302-4704, North Point Dental
Shawnice Watson
302-4638, North Point Medical
Edgar Kusleika
348-3633, Msgs, Home Monitring
James Stevenson
596-9220, STS
Phillip Gray
348-5771, Juvenile Justice Ctr
Terry Grace
348-7308, Juvenile Justice Ctr
Aboubker Ouassaddine 543-0373, Family Justice Ctr
Bob Velez
348-4869, Family Justice Ctr
Grace Anderson
543-0595, The Village
Susan Frame
348-0293, Govt Center A15
Brian Arneson
348-7641, Govt Center A16
Maureen Glover
348-4492, Govt Center A16
Carolyn Johnson
348-8586, Govt Center A16
Monica Jochmans
348-4192, HSB 5
Penny Wile
348-7133, HSB 9
Elena Izaksonas
821-4539, 4th Precinct Station
Dennis Moore
879-3560, 1800 Chicago
Jeff Meyer
348-5880, 1800 Chicago
Trustees
Jim Evans, Audie Lussier, Osman Aweis
Delta Dental Trustee
Monica Jochmans
Local 34 Banner
State AFL-CIO Convention:
September 14-16 - Duluth
President Diederich has received the Minnesota AFL-CIO State Convention
call. The Convention meets Sunday, September 14 through Tuesday,
September 16, in Duluth. Here are details from President Diederich’s email to Local 34 officers. Note that we voted to approve the President’s
suggestions at our June E-Board meeting – with up to seven delegates to
be elected at our August General Assembly meeting.
I have received the official convention call for the 2008 State AFL-CIO
convention. It will be held in Duluth this year, September 14 - 16 ( Sunday Tuesday), which is the week before the AFSCME Council 5 convention is to be
held at the Bloomington Sheraton September 25 - 27 (Thursday - Saturday).
Since the hotel reservations for the AFL-CIO convention get tied up quickly, I
have made reservations for our 7 delegates for 2 nights - Sunday and Monday. If
we decide not to send the full delegation, I can always cancel some rooms. The
last time we barely got rooms at a union hotel for our delegates and then only
because someone else had cancelled.
My suggestion is that a motion be made at E-Board to send our delegation to the
convention, paying two days lost time (Monday and Tuesday), per diem of $50.00
for three days, mileage to and from Duluth, lodging for two nights, and
registration costs, with election of delegates to be held at the August GA, and
notice in the newsletters between now and then.
Council 5 Business Representative:
Matt Nelson
651-287-0578
e-mail Matt at: matt.nelson@afscmemn.org
Council 5 Contact Information:
300 Hardman Avenue South,
South Saint Paul, Minnesota 55075-2469
(651) 450-4990 Fax: (651) 450-1908
To Contact the Newsletter Editor: Call or e-mail—
Wesley Volkenant - 612-348-9592
For Distribution concerns, contact Rhonda Griffin at 612-348-8328
Internet Web Site Developer: John Herzog – 952-492-5233
July 2008
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Last issue, we weren’t able to bring you highlights from May’s Meet & Confer and E-Board meetings – and there were plenty of
topics covered, including the election of Alex Gordon as your new Board Member-At-Large! Welcome, Alex! Here’s a summary of
those meetings from Vice-President Volkenant’s report to the June General Assembly.
 The Eligibility Supports Service Area is no longer accepting lateral hires of OS IIIs and POSs from other Departments, but
can still hire from within their Department at this time…
 Bill Brumfield addressed our concerns about inconsistencies in HSR Case Reviews. Although he said they are not being
used as a discipline tool, they are being used to improve accuracy – and their error rate has gone down from 14% to
3.9%. Caseloads are up 8% the past year – as about 17,000 people are being seen each month. Staff should bring
inconsistencies to Brumfield’s direct attention.
 Labor Relations raised red flags over our desire to give Century Plaza Stewards short periods this summer to visit teams &
units in the building to introduce themselves, check on newsletter distribution and awareness of out Union bulletin
boards.
 The ADS Job Swap has not begun yet – per Joan Gabriel, it is being further reviewed.
 CBFR faces eight positions being cut. Its daytime services are stopping, with calls directed to Screeners (where some of
the cut positions will go). The 4th Precinct will have 24/7 services, but not St. Joe’s. The Department’s 24/7 Horizontal
Initiative is being fast-tracked.
 Once the final Labor Relations Seniority List is posted, Local 34 members will have 30 days to report problems. After that
point, the lists will be considered closed, and the list will be used for future actions that require seniority decisions.
 We did follow-up on a Meet & Confer held in March about a specific HSR unit in ADS – positive discussion has been
underway with Manager Kate Heffernan, and some actions like swapping Supervisors for case reviews will be tried.
 Linda Stein, legislative lobbyist, covered news from St. Paul and Washington; most important is the limit on property tax
levy increases at 3.9% - although, as Richard Johnson has e-mailed, there are some exceptions to allow for larger
increases – “special levies” – such as offsetting federal human services cuts.
At the May E-Board meeting, we elected Alex Gordon to fill the Member At-Large vacancy. We had two excellent
candidates – the other was Steward Elena Izaksonas.
Local 34 will not be sending any representatives to the 2008 NAACP Convention. As a Local, we cannot take part, though
individuals can be elected through the local Minneapolis unit of the NAACP.
The E-Board voted to not support Vern Wagner’s Plant Day proposal. There was mixed support for the concept of bringing
plants back to work sites, and we determined that this issue was broader than an HSPHD Meet & Confer issue, and was
not something the Union could effectively argue with Management, which can make such Health & Safety
determinations (rodent problem). We also decided there are important pressing issues for this Local, which reduces the
priority of pursuing this concern at this time.
We also discussed the upcoming decisions concerning retiree Health Insurance – whether to stay with ERHIP or switch to
HCSP.
We approved forming a Membership Committee headed by the Membership Secretary to work on plans for Fair Share
conversions.
We agreed to add a discussion of how to deal with FMLA issues to our next E-Board retreat in order to strategize how to add
the issue to next year’s contract negotiations.
We agreed to send up to six members to the Midwest School for Women Workers.
We also agreed to bring to the GA a presentation of how the layoff process – bumping, reassignments, etc. – works.
Local 34 Banner
July 2008
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News from the June General Assembly—June 4, 2008
Officers attending were: , Wes Volkenant, Clifford Robinson, Patrick Regan, Rita Salone, Mary Kay Windels, Betty Pharr, Chalmers Davis, Andrea Lazo-Rice,
Alex Gordon, Ibrahim Adam , Jacquelin Poole, Angel Alexander, Katie Farber and Cathy Cowden Excused Absence: Jean Diederich
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New Member At-Large, Alex Gordon, was sworn in. See notes from the previous page.
Thank you to Katie Farber and Matt Nelson for working on a “Lay-Offs FAQ” document, which they presented to those
attending the GA meeting. Once we have more fully vetted the answers to typical questions, it is our plan to make the
information available to members – either through their Stewards, this newsletter and/or the Local’s website.
Matt Nelson’s report to the members covered information on the ERHIP vs HCSP choice that the County is currently presenting
to bargaining-unit employees around the County. Note – by vote of the membership, we formally agreed to approve a
Memorandum of Understanding with the County to amend the irrevocable date for selecting HCSP from July 1 to August 1,
2008. Matt also reported on a final seniority list being prepared by Labor Relations (which was released on June 17 th).
Members now have 30 final days – to mid-July – to review for any remaining errors to their information as listed on the report.
Members tabled a second Memorandum of Understanding which would have identified the Sr CSO and Pr CSO classifications as
one for bargaining purposes, until the E-Board could discuss it further on June 18. Finally, Matt shared the discouraging news of
six individual and one group arbitration moving forward through Council 5. Three arbitrations are for terminations – one for
work performance, one for both work performance and data privacy violations, and the third for allegedly making a threat
while at a Counselor’s office. A 10-day work performance suspension grievance is headed to arbitration as are two 5-day work
performance suspensions. The stability pay grievance for @50 HSPHD employees who’d left the County and returned, but
were denied their continued stability pay is likely to be arbitrated in August.
Laurie Simon, Betty Pharr and Cathy Cowden were chosen by the membership to attend Neighborhood House’s Annual Awards
Event on June 1 at the Neighborhood House location – 179 Robie St. E. in St. Paul. The membership voted to purchase a total
of six tickets @ $20 each.
Katie Farber reported on on-going new membership efforts, and noted that Council 5’s John Ewaldt would be visiting the FJC on
June 16th.
Pat Regan made a motion to cover costs of up to $275 for a Century Plaza AFSCME Meet & Greet event held on May 21. Costs
were not approved ahead of time. Following discussion about how the event was planned and operated, a motion to Table
approval until the June E-Board could discuss the situation further was approved. Ester Killion, who helped facilitate the event,
was invited to attend the E-Board meeting.
Wes Volkenant reported on the E-Board’s May decision not to provide official Local support for Vern Wagner’s Plant Day
protest proposal for mid-June. Discussion focused on the reasons and merits of that decision, and also turned to the on=-going
mice problems faced in multiple County work sites, including both the Government Center and Century Plaza.
Katie Farber, Laurie Simon and John Herzog were elected to attend the International Labour Conference in Thunder Bay,
Ontario, July 11 – 13. The Local will pay for two-night’s lodging, registration, mileage, transportation (if other than driving), per
diem, and lost time for July 11.
Six members were elected to represent the Local in St. Louis at the July 10-13 Midwest School for Women Workers (however,
the last four have had to bow out for various personal reasons): Jacquelin Poole, Ester Killion, Betty Pharr, Linda Flykt, Cathy
Cowden and Diane Bourgeois.
John Herzog reported on the excitement of the Barack Obama victory celebration at the St. Paul RiverCentre.
Betty Pharr presented a proposal to create union recognition areas at our County working sites – perhaps plaques – Betty will research
her idea and report back at the September General Assembly meeting.
Written reports included Pat Regan’s report from the Hennepin County Policy Committee – the 2008 Picnic is scheduled for Sunday,
July 20 (see the front page). Katie Farber’s PEOPLE Committee report updated members on recent PEOPLE screenings for area
Legislative races.
Upcoming AFSCME Training
Basic Steward Training – Council 5 Office - July 9-10, 2008
New Officer Training – Council 5 Office – August 6, 2008
Working Partnerships – Can You Help?
The Local has approved a donation to Working Partnerships – affiliated with the Minneapolis Regional Labor Federation, an
affiliate of the AFL-CIO. This agency gives $25 Cub Foods discount cards to union brothers and sisters in need.
http://www.unitedwaytwincities.org/ourpartners/union.cfm
Local 34 Banner
July 2008
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Notes from the June 18, 2008 HSPHD Meet & Confer
1.
Budget & Staffing Update:
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2009 budget is being finalized this week for the County Administrator.
Will need to reduce 120 (or more) FTEs in HSPHD ($16 million deficit to account for)
2/3 of the cuts will be coming from the Children’s programs – Child Protection, although some cuts in the Children’s Redesign will be restored to reduce its impact
and spread impact elsewhere
Revenue was lost in Child Support and Child Protection ($12 million of $13.5 million loss from TCM and DRA) – still trying to find some balance - still trying to
protect core areas
Child Support won’t be hit as hard as originally thought
Working on their communication strategy
Q. Adults Redesign? It’s underway – but will be aimed to hit for the 2010 budget, which is also expected to face revenue shortfalls and the need to reduce staffing
The vacancy factor remains an issue this year – were up to about 50% of expected
Q. Will other Departments share the pain? Richard Johnson is handling it through Revenue – departments getting varying chunks of property tax income –
HSPHD is getting a lot more versus other Departments
Q. Early retirement incentives? No discussions yet – expect an unenthusiastic response
Q. Seniority Lists? Labor Relations has a list out dated 6-9-08 – we have 30 days to finalize it (July 18). Members need to read now and report errors by 7/11.
2.
Telework Projections
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Capital budget projections - @50% of staff will be teleworkers in 5 years (basically full-time from home)
How to do telework – implications for training, IT, management?
Q. Will there be a role for the Union in looking at those implications? Yes
3.
Security Costs
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Given the budget, HSPHD is looking for reductions – are looking at sites including CP and The Village – how to reduce security costs
4.
Layoff Issues
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HR and LR had material out in 2003 – we’ve developed an FAQ document – County side promised to work on getting something out soon, so when HSPHD
communicates with its staff, there’ll be information available to explain the process
Mark Lee said HSPHD will have a go-to page too, with links
5.
ES Manager Update
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Jeanne Tazzioli, Program Mgr. who was in FAD is basically switching with Judy Sledge, Program Mgr. who was in Adults; Slegde gets FAD units; Tazzioli gets 2
of 5 Adults units and a special MFIP project ex- Service Area Mgr. Lee Berger was responsible for
Tom Pingatore temporarily picks up the other 3 Adults units
Will be posting a Program Manager position for the three units and other responsibilities
6.
CP Stewards
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Labor Relations rejects our proposal for Century Plaza stewards to go to team meetings and meet staff – “there are plenty of alternative means to communicate
with our members.”
7.
Acting Supervisors
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Cliff Robinson presented the question – what does the Department see as the role of members who are Acting Supervisors?
Intolerable for a bargaining unit member to be disciplining another bargaining unit member
Intolerable for them to be in a position to conduct a performance review of another bargaining unit member
Related grievance at NorthPoint
Cliff cited example of an Acting Supervisor in Mental Health for 2 years
Matt raised PELRA concerns – supervisor could become a Union officer
May become a moot point – may have to move a SWUS into the position soon as part of redesign
8.
Contracted Work
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Cliff put the County on notice – before layoffs, we want any contracted work that our people are doing or are capable of doing brought back to the County. We
want to work with the Department to identify those tasks; examples – Parenting Evaluations for case plans are contracted out to 6 agencies – our staff can do
those; Rule 25 Evals are done at 1800 Chicago – but also paid for from other agencies.
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Highlights from the June E-Board Meeting:
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Approved election of September Council 5 and State AFL-CIO Convention delegates at August General Assembly meeting
Approved Memorandum of Understanding to 2008-2009 contract recognizing Sr. CSOs and Pr. CSOs as one classification for layoff purposes
Received report from new Mentorship Committee (Ester Killion, Kela Williams, Penny Wile, Carolyn Johnson, Margaret Yzaguirre)
Matt Nelson reported Council 5 Arbitration Team rejected our request for a terminated employee (job performance/data practices
violations)
Appointed Committee to report to August E-Board on applying for a Local 34 AFSCME Advantage credit card
Approved expenditures for May Meet & Greet event at Century Plaza that had not had prior funding authorization
Approved $400 donation to AFL-CIO’s Working Partnerships (Minneapolis Regional Labor Federation
Approved sending a letter to our former Membership Secretary concerning a missing key and access card
Added three topics for discussion at August E-Board Retreat: how to disseminate information like Meet & Confer notes, discussing how
teleworker plans will impact the Local’s way of doing business; contracting out of services County workers could be performing
Approved emergency assistance to a member whose life was endangered on the job, but was denied for Workman’s Comp and now has
unaffordable prescription co-pays for medications related to the emotional trauma
Local 34 Banner
July 2008
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Good and Welfare
New to the County?
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 union member, to receive Delta Dental
Insurance information, or to get answers to questions
about AFSCME and membership benefits, please
complete this form and for the time being, send it to:
In the case of surgery or prolonged illness, or for the birth or
adoption of a child, flowers or plants can be sent to a member.
Katie Farber, Membership Secretary
FJC – mail code L890 – 612-543-0306
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 16 – Funeral Leave – in our contract; it
includes: spouse, child, significant other, aunt/uncle, father/mother,
sister/brother,
grandparent/grandparent-in-law,
grandchildren,
niece/nephew, or a 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 _________________
I’m especially interested in:
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Please send all requests for remembrances to the Chairs for the Good
and Welfare Committee - Lisa Durkot (MC 965), Marcia Dietz
(MC L890) and Cathy Cowden (MC L890). The referrals must
include the name of the member and the reason for your request.
If the request is for a plant or flowers, you will also need to include
the person’s home phone number for delivery purposes.
I want to sign up as a member
I want to sign up for Delta Dental
Council 5 Contact for Delta Dental Questions:
Cindy Pince – 651-287-0564
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.
Sign Up for the PEOPLE Fund
The AFSCME People Fund is AFSCME’s political action fund, and is used to support our endorsed candidates. If many members pledge
as little as $2.00 a payroll period, our ability to get our endorsed candidates elected will be greatly enhanced.
At $4.00 per pay period, a contributor receives an AFSCME green jacket.
Please contact Jean Diederich at 348-0266 to sign up now!
Do You Have Friends Who Would Like to Receive Our Newsletter?
GET UPDATES!
There is now a quick and simple way for you to become informed on a wide variety of issues concerning AFSCME Local 34. Just sign yourself
up for our free on-line newsletter! Please follow the directions below…

Send an e-mail to the following address: cwvolkenant@msn.com

In the Subject Line or Text, state “Subscribe to 34 Newsletter”, identify who you are, and send it off

You will receive a confirmation e-mail within a week; you should have the latest issue attached, so you can determine if
you will be able to receive – and read – the e-mail newsletter attachments
Note: if at any time you want to stop receiving these updates, all you have to do is send an e-mail to the address listed above, state “Unsubscribe”
in the Subject Line or Text, and your name will be removed from our list. ** You can also access us from our Local 34 Website at:
http://www.afscmelocal34.org ** For Netscape users, you may need to press “Reload” to get the most current version.
UPCOMING MEETING SCHEDULE
July
nd
2
GA - HSB 112
Local 34 Banner
16th
E-Board - HSB 917
August
July 2008
6th
GA - HSB 112
20th
E-Board - HSB 917
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Union News from Council 5
STATE
FAIR
VOLUNTEERS
NEEDED
It’s only a few weeks until State Fair time.
Can’t you just smell the cheese curds and
mini-donuts? If you love the fair and you
love your union, then sign up now for a shift
at the AFSCME Council 5 kiosk at the newly
built State Fair Labor Pavilion. It’s fun and
Council 5 will pay your fair admission. The
State Fair begins August 21 and ends Sept.
1 on Labor Day. Volunteer shifts are four
hours from 9 a.m. to 1 p.m. or from 1 - 5
p.m., with possible weekend night shifts
available. Slots go to the first 48 who
volunteer. To sign up, contact Jessica
Hayssen
at
651-287-0537
or
jessica.hayssen@afscmemn.org.
CITY OF MINNEAPOLIS LOCAL 9 RATIFIES
CONTRACT
Local 9 general unit’s new contract was
ratified by a substantial majority May 28
and 29. The three-year contract provides
delayed 2.25 percent wage increases each
year on May 1, 2008, June 1, 2009 and
May 1, 2010. Members also won new
language that will help the union and city
deal with each other professionally and
respectfully. Shift differentials were also
improved. Congratulations.
MINNETONKA SCHOOL CLERICALS RATIFY
CONTRACT
Local 1877 members voted June 10 to
approve their contract. Wage increases of
2 percent will begin July 1 of 2008 and
2009, and singles will enjoy no health
insurance increase. The employer will
contribute up to 4 percent to a health care
saving account based on seniority.
Congratulations.
SAVE SENIOR DINING
Do you live in St. Paul or the east suburbs?
Our AFSCME members proudly serve meals
to seniors in our community who need it
most. Many elderly and disabled citizens
get only one decent meal a day. Now the
program that funds this service is in danger
of being cut in Ramsey and Washington
counties. Without one decent meal a day,
many frail citizens will get sicker and
weaker, ending up in emergency rooms and
nursing homes that will cost taxpayers
millions more than providing them with the
cost of a meal. Call the Ramsey County
Commissioners at 651-266-8350. Tell
them to save senior dining and the jobs of
the AFSCME members who serve the
meals.
Local 34 Banner
HealthWorks Home http://iwww/__8625693B0064D212.nsf/0/DB7DF72530EA32C2862572350074DF70?Open
HealthWorks Be Well Center Location:
Government Center—A 120 - SW Street Level
952-967-5060
Hennepin HealthWorks and Be Well Center
Update:
Hennepin County HealthWorks and HealthPartners would like
to let you know of some exciting changes at the
HealthPartners Well@Work – Hennepin clinic located inside the
Be Well Center at the Government Center, southwest street
level. The Be Well center provides both health and wellness
services specifically for Hennepin County employees and their
adult dependents. All services provided at the Well@Work
clinic are free to Hennepin County employees! There is no copay for services provided at the clinic.
Introducing a new Certified Physician Assistant
Gail Hansen, Certified Physician Assistant, joined the Well@Work
– Hennepin clinic on June 17th. Gail is a full-service family
practice provider who has had several years of experience at a
busy family practice clinic.
In addition to her interest in
preventing and managing chronic disease, Gail can also prescribe
for and treat patients with acute care needs. In addition to being
able to evaluate, diagnose and treat common ailments such as
strep throat, colds, gastrointestinal disorders and headaches, Gail
can provide ongoing management of chronic conditions such as
high blood pressure, coronary artery disease, allergies, and
asthma. Gail works Monday-Friday from 7:30-3:30 pm. Call 952967-5060 to make an appointment… or walk-ins are welcome.
Lab Services
If you have a medical condition that requires regular blood work,
we can help! Shirley Marshall, Certified Medical Assistant, can
provide lab services onsite and even send the results to your
personal health record or your primary care physician. A doctor’s
order for lab work is required.
Wellness Coaching
Interested in creating a wellness plan and achieving personal
health goals? Richard Bonk, M.Ed., recently joined the Be Well
Center as a Wellness Coach. Richard’s areas of interest include
holistic, complementary and alternative health care, smoking
cessation and stress management, but he can also help you
attain your personal wellness goals. Richard is available in the Be
Well Center Tuesdays and Thursdays from 7:30am to 3:30pm.
To make an appointment, call 952-967-5060.
With new faces and new services, the Be Well Center welcomes
the opportunity to serve you – stop in and see us sometime! For
more information, please visit Hennepin HealthWorks on HC Net.
July 2008
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Hennepin County Health Care News
Our regular Labor-Management Health Care Committee meetings resumed in June, as representatives from all the Hennepin
County bargaining units, Labor Relations and Benefits met with HealthPartners’ representatives. Local 34 was happy to have
President Diederich join Wes Volkenant and Doyle Juenke at the table. Some of the news:
As of March 1, 2008, the new 4-Tier Enrollment took effect:
County-wide (All Staff, plus Retirees):
Single
Single + Spouse
Single + Children
Family
Total
Waived
5975
584
735
1504
8798
125
Most waivers (opting-out of insurance) came in the November
open enrollment when the transition Single insurance rate
was $25. In comparing these figures to the projections made
during Negotiations last fall, the Waivers are considerably
fewer than expected. The Single + Spouse figures are very
close to the projection. Both the number of Singles and
number of Families are well-below expectations (5975 vs.
6085 and 1504 vs. 1693). The Single + Children numbers
were under-estimated: only 514 projected vs. 735 enrolled.
In Local 34, our April 26, 2008 health coverage breakdown
looked like this:
Single
1277
Single + Spouse
61
Single + Children
200
Family
402
Waived
27
Total
1967
The County has concerns that fewer of us completed the
Health Assessment for HealthPartners last fall (which
reduces our co-pay amount by $5). The Employer is looking
for higher utilization – or this feature will go away – or it will
be toughened up; the Employer may require members to get
in weight or cholesterol programs, for example, to receive the
incentive.
The Employer is also interested in seeing more downtown
staff utilize the HealthPartners clinic located in the
Government Center. It’s open M-F, 7:30-3:30, and you can
call the clinic at 952-967-6050.
Bill Peters of Labor Relations suggested that this year we’ll
need to look at three relatively controversial areas of
discussion:
Smoker vs. Non-Smoker Rates (for many,
insurance rates vary based on whether or not one smokes); a
Dependent Audit (cleaning up the lists and removing
“dependents” who no longer meet the definition); and SelfInsurance (organizations who’ve tried it have met with mixed
success- State of MN, Anoka-Hennepin, Robbinsdale Schools).
Local 34 Banner
In 2007, 56.6% of the Hennepin County members covered by
HealthPartners were female, 43.4% were male. Employees
composed 47% of those covered; dependents were 43%.
In 2007, our average age of active employees in Hennepin
County was 45.91 – up from the 2006 average of 44.51
years. The average age of benefit-earning enrollees was
46.14 in 2007 vs. 45.09 the year before. The largest single
age groups covered were 65-80 year-olds and 60-64 year-olds
(note, retirees are part of these calculations).
In 2007, Hennepin County members submitted total claims
of $73,432,457. About one-third of that figure was for
catastrophic claims (claims that exceed $100,000). In 2005,
Hennepin County submitted 29 claims over $100,000. In
2006, it was 73 – but 25 of those were from HCMC, which is
no longer in the Hennepin County pool of enrollees. The
2007 total was little changed from 2006, at 49. Per member,
per month, we submitted claims of $395.36 in 2007.
In 2007, about 80% of our visits were made to Tier 1
locations (the remaining 20% to Tier 2). Less than one
percent of the visits were made out-of-network. The top
providers of services were HealthPartners Medical Clinics
(25% - Tier 1), Park Nicollet Health Services (9% - Tier 2),
Hennepin Faculty Associates (5.5% - Tier 1 – by our contract),
HCMC (4.5% - Tier 1 – by our contract) and Allina Health
System (4% - Tier 2).
Mail order prescriptions provide a three-month supply of our
medications. In 2007, only 17% of our pharmaceutical
claims ($2.3 million) came via the mail. About $11 million
was spent on retail purchases (about 83%). About 85% of the
2007 purchases were “brand-name” drugs vs. 15% generic.
The largest types of medications purchased were
Antidepressants, Antihyperlipidemics, Antiasthmatics and
Antivirals.
The top 8 medications (by dollar volume) in 2007 were:
Lipitor (usually for high cholesterol - $541,000 – 7400
prescriptions); Effexor (usually for anxiety, anti-depression $367,000 – 2000 prescriptions); Enbrel (usually for
rheumatoid arthritis - $330,000 – 215 prescriptions); Advair
(usually for asthma - $311,000 - 1860 prescriptions); Imitrex
(usually for migraines - $270,000 – 920 prescriptions);
Wellbutin (usually for ant-depression or SADD - $215,000 –
980 prescriptions); Fentanyl (usually for pain/cancer pain $195,000 – 205 prescriptions; and Singulair (usually for
asthma - $190,000 – 2200 prescriptions).
As these
medications, like Ambien, become generic, these costs will
change considerably in coming years.
July 2008
-8-
Labor Unions and Legal News
http://lawprofessors.typepad.com/laborprof_blog/2008
/06/5th-circuit-rej.html#comments
An important Supreme Court ruling against public employees…
5th Circuit Rejects FMLA
Association Claim
By PETE YOST - The Associated Press - Monday, June 9, 2008
The Fifth Circuit has issued a decision
rejecting the retaliation claim brought by a
police sergeant who alleged he was not
promoted because his wife had brought an
FMLA claim against their employer.
Lawrence and Wendelle Elsensohn were
employed by the St. Tammany Parish's
sheriff's office in the same department.
Wendelle brought an FMLA claim against
the office, left the office, and then settled
the claim.
Lawrence received excellent job reviews and
reasonably expected to be promoted. However,
after he applied for several promotions, for
which he was the most qualified applicant, and
was denied them, Elsensohn spoke to his
supervisor, Deputy Warden Captain Greg
Longino, who informed Elsensohn that he
would not receive a promotion of any kind.
Shortly after the meeting, Elsensohn was
involuntarily placed on a less favorable night
shift. As a result, Elsensohn lost his holiday
and overtime pay, his ability to work details
was reduced, and he was unable to seek
secondary and supplemental employment.
Elsensohn filed his claim under the FMLA's
retaliation provisions. The FMLA protects
employees from retaliation for opposing any
unlawful practice or for participating in
proceedings under the FMLA. Elsensohn
based his claim on the fact that he would
have been called to testify in the
proceedings brought by his wife.
The court rejected this because the
retaliation occurred after the wife's case
settled. Also, the court declined to recognize
a derivative claim under the FMLA. In other
words, a person cannot state a claim under
the FMLA if the person's employer imposes
an adverse employment action on the
person in retaliation for the spouse's
protected activity. The Court refused to
fashion a new rule creating standing for
employees who did not participate in any
manner whatsoever in a co-worker’s charge
of discrimination.
Workplace Blog Commentary: This narrrow
interpretation of the FMLA seems
particularly misplaced since the FMLA, more
than other employment discrimination
statutes, recognizes the practical realities of
family
relationships.
Recognizing
associational
claims
would
seem
particularly appropriate in this context.
Local 34 Banner
Justices Rule Against Worker Who Lost Job
The Supreme Court has made it more difficult for individual public employees to sue for
workplace discrimination. In a 6-3 decision, the justices ruled against a woman who said
her job at the Oregon Department of Agriculture was eliminated because she
complained about a colleague who harassed her. Individual victims of discrimination in
many instances can assert claims, but "we have often recognized that government has
significantly greater leeway in its dealings with citizen employees," Chief Justice John
Roberts wrote for the majority. Individual public employees typically have a variety of
protections from personnel actions, but invoking the equal protection clause of the
Constitution is not one of them, Roberts said.
In dissent, Justice John Paul Stevens said there is no compelling reason to carve
arbitrary public employment decisions out of a well-established category of equal
protection violations.
Born in India, Anup Engquist said that after she complained about a colleague who
allegedly harassed her, the man and a superior eliminated her position. A jury
subsequently ruled in Engquist's favor. Nine federal appeals courts have ruled that
public employee claims similar to Engquist's can go forward. However, the 9th U.S.
Circuit Court of Appeals in San Francisco ruled against Engquist. The appeals court said
that her claim involved an area of law where the rights of public employees should not
be as expansive as those of ordinary citizens.
The case revolves around an 8-year-old Supreme Court decision. In it, the justices ruled
that a person may assert an equal protection claim as a "class of one" rather than on
the usual grounds of discrimination against an entire group. The case eight years ago
involved a couple suing village officials who allegedly demanded a 33-foot easement
before providing water service, when the consistent requirement for other customers
was 15 feet. In his majority opinion, Roberts drew a distinction between Engquist's case
and that of the couple seeking water service. "There is a crucial difference" between
government acting as a regulator and government acting as manager of its internal
operations, Roberts wrote.
The Bush administration weighed in against Engquist in the Supreme Court. If Engquist
were to prevail, the federal courts would have to referee run-of-the-mill decisions in the
public workplace, said the Justice Department solicitor general's office. Allowing such
claims would subject public employers to compensatory and punitive damage claims for
petty grievances, the solicitor general's office argued. The federal government has 2.7
million civilian employees. The states argued that the courts must be deferential to
employment decisions of co-equal branches of government. School boards say there are
already a multitude of judicial remedies for workplace employment complaints.
Among Engquist's supporters in the case were the 10-million-member AFL-CIO, the 3million-member National Education Association and the 325,000-member National
Fraternal Order of Police. The case is Engquist v. Oregon Department of Agriculture.
http://www.washingtonpost.com/wp-dyn/content/article/2008/06/09/AR2008060900749.html
To read more about the Engquist decision, go to:
□ http://www.acsblog.org/economic-workplace-and-environmental-regulationsupreme-court-limits-government-employees-from-bringing-certain-employmentdiscrimination-lawsuits.html
□ http://lawprofessors.typepad.com/laborprof_blog/2008/06/the-supreme-cou.html
□ http://lawprofessors.typepad.com/laborprof_blog/2008/04/oral-argument-t.html
□ http://www.scotuswiki.com/index.php?title=Engquist_v._Oregon_Dept._of_Agriculture
□ http://secondcircuitcivilrights.blogspot.com/2008/06/class-of-one-claims-notappropriate-for.html
July 2008
-9-
http://lawprofessors.typepad.com/laborprof_
blog/2008/06/arazia-onmore.html#comments
More on the Landmark
Engquist Decision…
… Engquist is as much a workplace
case as a constitutional law case…
avoidance of litigation is not itself the
government interest that needs to be
balanced against the employee's
speech rights. Rather, it's the
interest in running an efficient office - which in the speech context usually
means
an
office
free
of
insubordination. … the Court also
notes that a ruling for the plaintiff
would conflict with the doctrine of
employment-at-will. Again, though,
what is it about the day-to-day
operations of government that
requires adherence to that doctrine
(especially given how much erosion
employment-at-will has suffered)?...
intuition tells me that there's a
difference between government
saying "sometimes we need to be
able to punish employees based on
what they say" and "sometimes we
need to make arbitrary, even
vindictive, termination decisions."
The first statement seems closely tied
to day-to-day efficient operations in
government offices, while the latter
seems closer to a simple request for
legal immunity… I agree that the
conservative majority is on a
campaign to close off the
government workplace as a locus for
the exercise of all but the most basic
constitutional rights for public
employees. Interestingly, however,
the same conservative justices have
not shown the same zeal in the
private-sector. … In short, the Court
appears to be on a mission to deprive
public
employees
of
their
constitutional rights based on a
boogey man that does not exist
except in their business-friendly
minds.
June 13, 2008
June 16, 2008
Another Tale from the Long,
Wonderful History of American
Employment-At-Will
A Florida woman was fired by a
restaurant owner for laughing. Darra
Kollios, who works at the Trinity Grill in
New Port Richey, said her boss
approached her in front of a customer
with one of the oddest requests she's
ever heard. "I had a customer at the bar
and the owner came up to me and said,
'Please stop laughing,' Kollios said. "We
giggled -- the guy at the bar and myself.
And then I said, 'Are you serious?' And he
said, 'Yes, if you laugh again, you will
have to go home."Kollios said she was
then fired on the spot.
Kollios said she was shocked by her
employer's actions."I will say that I don't
have an odd laugh," Kollios said. "I did
ask a few people but it's not."The
restaurant owner said a customer did not
complain about the laughing. However,
he prefers the restaurant to be quiet and
cozy and Kollios' laugh prevented that
from happening. Under Florida law,
employees are considered "at will,"
which means they may be terminated for
any reason as long as they're not under
contract and it doesn't involve age, sex or
race discrimination. We live in a great
country, no? Great example, professors,
for explaining employment at will to your
students in employment law.
http://lawprofessors.typepad.com/laborprof_blog/2008/0
6/another-tale-on.html#comments
Cert Grant in Haywood v. Drown
The Supreme Court granted cert. today in Haywood
v. Drown, a case involving a New York law that
requires all suits against state correctional officers to
be brought in the state's court of claims. At first
glance, this may seem to have little to do with
employment law, but it has potentially far-reaching
effects in public employment cases. At issue in
Haywood is whether a law that relegates all claims
against correctional officers--including claims brought
under 42 U.S.C. § 1983--is a violation of the
Supremacy Clause. States cannot unduly interfere
with an individual's ability to bring a § 1983 claim,
nor can they discriminate against federal claims. This
issue became a rather hot topic in the statutory
employment rights arena a few years ago when the
Supreme Court found that the Eleventh Amendment
prohibited suits in federal court brought by
individuals against state employers under the ADA
and the ADEA. The Court then held that Congress
couldn't create a private right of action against state
employers under the FLSA, enforceable in state
courts. At the same time there's this tension with the
Supremacy Clause and with the policies of § 1983 in
particular, but other federal statutes as well. One
issue is what constitutes a similar claim, and that's
been explored a bit by the Supreme Court (in Howlett
v. Rose, for example). What hasn't been as
thoroughly explored is what the states can do to
channel those claims into specialized forums. And so,
if the state requires all claims against state entities to
be brought in the state court of claims, perhaps that
would satisfy Howlett. It is less clear that requiring
certain claims to be brought in a special court or
administrative agency would satisfy the constitution,
and having special agencies for state employee
claims or for all employment discrimination claims is
pretty prevalent. Additionally, if the Court affirms the
state court here, that might open the door for states
to create special courts for claims by state and local
government employees against their employers.
http://lawprofessors.typepad.com/laborprof_blog/2008/06/cert-grant-inh.html#comments
October Supreme Court Arguments for Labor and Employment Cases
The Supreme Court has released the schedule of cases to be argued in the opening weeks of the new Term, which begins October 6.
Monday, Oct. 6: Locke v. Karass (07-610) - non-union member exemption from fee for union lawsuits {Note: which will be huge for the unions}
Vaden v. Discover Bank (07-773) - scope of federal court power to order arbitration
Tuesday, Oct. 7: Kennedy v. Plan Administrator, DuPont Savings (07-636) - surrender of divorced spouse’s claim to pension benefits
Wednesday, Oct. 8: Crawford v. Nashville (06-1595) - protection against retaliation for witness in internal investigation
So, the first three days of the October term feature four labor and employment-related cases in labor, arbitration, ERISA, and
employment retaliation. http://lawprofessors.typepad.com/laborprof_blog/2008/06/october-supreme.html#comments
Local 34 Banner
July 2008
- 10 -
June 3, 2008
California House Passes Paid Sick Leave Bill
Last week, the California Assembly passed legislation that would permit employees who work in California to earn seven or more paid
sick days in a calendar that can be used to recover from illness, care for a sick family member or recover from domestic violence or
sexual assault. The bill is called the Healthy Families, Healthy Workplaces Act of 2008 (A.B. 2716), and the Assembly approved the bill
in a 43-25 vote. So far, Governor Schwarzenegger has not indicated his position on the legislation, which now goes to the Senate where
it will be heard in June. If signed into law, AB 2716 would make California the first state to require paid sick leave for employees. Only
San Francisco and Washington, DC, have passed mandatory sick leave legislation.
http://lawprofessors.typepad.com/laborprof_blog/2008/06/california-hous.html#comments
The Employee Free Choice Act may be coming back for Congressional
vote. The conservative, anti-Labor right is scared of this legislation.
Here’s a sample of their distorted invective:
The Coming Debate on Card Check Recognition
The Center for Union Facts and the Employee Freedom Action
Committee has been very active this week raising the issue of
card check.
(http://www.laborpains.org/)
From an Op-ed in the Washington Examiner"Right now there is an insidious bill being pushed on
lawmakers. If passed, it will upend America’s political landscape and have a
long-lasting effect on the economy. And you’ve never heard of it."
Let the debate begin because I think this may be a priority in the coming Obama
administration.
http://lawprofessors.typepad.com/laborprof_blog/2008/06/tim-miller-of-t.html#comments
Al Franken Can’t Hide His Assault on Democracy
We’re spreading the word about Al Franken’s effort to deny workers their
private ballot rights. We are further raising the stakes on a critically important
issue facing Minnesotans and all Americans: the loss of our democratic rights in
the workplace.
In an Op-ed in Minnesota’s Winona Post, Pat Shortridge wrote:
“Al Franken, supposed champion of the little guy, is supporting the deceptively
named Employee Free Choice Act, which takes away the private ballot from
employees voting on whether or not they want to unionize their workplace.
Harassment and intimidation will replace the integrity and freedom of
conscience that comes with the private ballot. Seldom is an issue as clear cut
and simple as the union bosses attempt to take away the private ballot right of
workers voting in a union organizing election. That’s why 95% of Minnesotans
support their private ballot. In joining the effort to take away our basic rights, Al
Franken is playing with fire. We won’t let him hide his record from
Minnesotans.”
Pat Shortridge is Director of Minnesotans for Employee Freedom, a non-partisan,
non-profit organization fighting for fair elections in the workplace and leading the
fight to oppose the Employee Free Choice Act.
http://www.winonapost.com/stock/functions/VDG_Pub/detail.php?choice=25249&home_page=&archi
ves=
http://laborpains.org/?p=861
Local 34 Banner
June 11, 2008
Back on the See-Saw: 10th Finds Lawrence Only
Gives Rational Review to Public Employee Sexual
Privacy Rights
This decision by the 10th Circuit on the meaning of Lawrence
for public employees is discouraging.
From Dale Carpenter of Volokh Conspiracy:
Today, in Seegmiller v. Laverkin City, a panel of the Tenth
Circuit unanimously upheld a city's private oral
reprimand of a police officer for an adulterous affair she
had with another officer not in her department. The city
concluded that the affair interfered with her duties as an
officer. The officer then challenged the reprimand on state
and federal tort and constitutional grounds citing, in part,
Lawrence. The unanimous panel opinion held that
Lawrence did not recognize a fundamental right to private
adult sexual intimacy, but instead struck down state
sodomy laws as irrational.
The Tenth Circuit parted company with (but did not cite)
recent opinions by both the First Circuit, which applied a
balancing test to a challenge to "Don't Ask, Don't Tell"
yesterday based on Lawrence, and with the Ninth Circuit,
which last month applied intermediate scrutiny to a DADT
challenge based on Lawrence. In so doing, the Tenth Circuit
repeated some of the arguments that other courts and
Justice Scalia have made about the decision. Like other
courts, the panel even cited Justice Scalia's dissent as an
authoritative guide to the meaning of Justice Kennedy's
majority opinion in Lawrence.
How a dissent can provide an authoritative guide is only clear
when one consider that Judge Tymkovich, the writer of the
opinion, is a very conservative jurist and obviously a big fan
of his fellow judicial conservative activist, Justice Scalia. But
Dale sums up it up best when he says, "it is now clear that
nothing about Lawrence is clear." I only hope when the
inevitable review of these cases come that President Obama
has had the chance to make numerous appointments to the
Supreme Court.
Paul Secunda
http://lawprofessors.typepad.com/laborprof_blog/2008/06/back-on-thesee.html#comments
July 2008
- 11 -
Union Brothers & Sisters: It seems summer is finally arriving. I've been reminded by both a co-worker and a recent
news story of the need to make others aware of a timely summer health consideration that involves the use of plastic containers…
specifically polycarbonate, since the county gave out blue polycarbonate (hard plastic recycling code 7) water bottles at an event
involving staff in the HSPHD Work Supports area a couple years ago. The county is also currently selling polycarbonate bottles through
the employee store.
When exposed to heat, these types of containers may leach the chemical bisphenol A (BPA), especially when they are heated by warm
weather and sun exposure, or through washing in a dishwasher. Some health experts believe this leaching of BPA may lead to some
health consequences (specifically medical issues that involve hormonal balance). Canada has recently been considering banning BPA,
and some manufacturers are now voluntarily removing it from their products. Once the leaching begins, it will continue.
I do not claim to be an expert in this area, and I know not all authorities are in agreement about the use of plastics in general – or
polycarbonate specifically. Research is still being conducted. That said, I want to share some available resources so you may make an
informed decision about this issue for yourself. Local co-ops and health food stores have information in addition to the following medical
web sites (which you will need to enter a search for polycarbonate to access the information):
www.drweil.com , www.mercola.com
As alternatives, other products you might consider using include other plastics like polypropylene (recycling code 5), polyethylene
(recycling code 2), low-density polyethylene (recycling code 4), glass, or stainless steel.
The following list of references originated with Ramsey County:
□
Centers for Disease Control. National Report on Human Exposure to Environmental Chemical: Spotlight on Bisphenol A and 4-tertiaryOctylphenol, October 2007. Retrieved from http://www.cdc.gov/exposurereport/pdf/factsheet_bisphenol.pdf
□
National Institutes of Environmental Health Sciences, Urinary Concentrations of Bisphenol A and 4-Nonylphenol in a Human Reference
Population, Journal of Environmental Perspectives, April 2005; 113(4): 391–395. Retrieved from
http://www.pubmedcentral.nih.gov/articlerender.fcgi?artid=1278476
□
U.S. Environmental Protection Agency, Children’s Health Protection program. Retrieved from
http://yosemite.epa.gov/ochp/ochpweb.nsf/content/homepage.htm
□
National Institute of Environmental Health Sciences, “Since You Asked – BPA: Questions and Answers about the CERHR Bisphenol A
(BPA) Report.” Retrieved from http://www.niehs.nih.gov/news/media/questions/sya-bpa.cfm
□
Environmental Health Perspectives on-line, Volume 113, Number 6, June 2005. The Environmental Estrogen Bisphenol A Inhibits
Estrodiol-Induced Hippocampal Synaptogenesis. Retrieved from http://www.ehponline.org/realfiles/members/2005/7633/7633.html
□
Department of Health and Human Services, National Toxicology Program, NTP-CERHR Expert Panel Report on the Reproductive and
Developmental Toxicity of Bisphenol A, November 2007. Retrieved from http://cerhr.niehs.nih.gov/chemicals/bisphenol/BPAFinalEPVF112607.pdf
□
Journal of the American Medical Association, Endocrine-Disrupting Chemicals Probed as Potential Pathways to Illness, Vol. 294 No. 3, July
20, 2005 Retrieved from http://jama.ama-assn.org/cgi/content/extract/294/3/291
□
The Center for Health, Environment and Justice, “Baby Bottles Leach Toxic Chemical, according to New U.S. and Canadian Study,” (press
release), February 2008. Retrieved from http://www.chej.org/BPA-National-Press-Release.htm
□
Environmental Health Perspectives, v. 113(8); August 2005. An Extensive New Literature Concerning Low-Dose Effects of Bisphenol A
Shows the Need for a New Risk Assessment. Retrieved from http://www.pubmedcentral.nih.gov/articlerender.fcgi?artid=1280330
□
Reproductive Toxicology, 24(2), Aug-Sep 2007. Chapel Hill Bisphenol A Expert Panel Consensus Statement: Integration of Mechanisms,
Effects in Animals and Potential to Impact Human Health at Current Levels of Exposure. Retrieved from
http://www.environmentalhealthnews.org/newscience/2007/2007-0801bpaconsensus.pdf
□
Environmental Working Group, “Toxic Plastics Chemical in Infant Formula,” August 2007. Retrieved from http://www.ewg.org/reports/bpaformula
Have a safe summer,
Robin Katz
ATTENTION: Member Reporter Katie Farber is seeking members who have participated as a
delegate or alternate of any major political party convention, for an article on this subject. If you
have a story to share or photos of these events, please contact Katie Farber at 612-543-0306.
Local 34 Banner
July 2008
- 12 -
Sharing Stories ... Building Power
At right is listed an educational opportunity for members of
Local 34. At present, we have not authorized sending any
members or paying the registration to this event. If interested,
come to the July 2nd General Assembly meeting, and present a
motion for paying for the cost of registration, mileage, and lost
time for attending. If approved, the Local will provide support
for you and any others interested in attending. If you’re unable
to attend the General Assembly, but are interested and able to
attend the leadership workshop, please send your name to
either President Diederich at 348-0266 or to Vice President
Volkenant at 348-9592 – or e-mail either of them.
Union Women's Leadership Gathering
Tuesday, July 22
Minnesota Humanities Center, 987 Ivy Ave. E.
St. Paul
Continental Breakfast
8 a.m.
Program
8:30 a.m. - 12:30 p.m.
Limited enrollment
Register by July 8
Call 612-624-5020
Fee is $35. Your union may provide support. Labor Education Service also has limited scholarships.
Study Looks at the Effect of Unions: Minnesota "Well Above Average"
A new report affirms what we already know—workers who belong to unions earn more than those who don’t. In Minnesota, nearly 18
percent of the workforce is unionized, compared to about 12 percent nationally. The study by the Center for Economic Policy Research
finds that unionization raises the wage of the average Minnesota worker by 12 percent. The lowest-paid workers make 20 percent more;
and the highest, four percent.
The report concludes that workers at the bottom of the pay scale benefit most because, without representation, they have the least
influence in the workplace. We know that union membership is the best way to fight poverty.
The benefits of belonging are clear. Unionized workers earn more than non-union workers. They’re more likely to have health
insurance, a paid vacation and a secure pension. They’re working conditions are usually better. And, they enjoy less-tangible benefits, like
having dignity and a voice at work.
http://afscmemn.org/
At the June General Assembly, Membership Secretary Katie Farber introduced a “Layoffs FAQ” she’d worked on with assistance from Business
Agent, Matt Nelson. Here’s a few of those questions and answers. These are unofficial interpretations, and should be read in conjunction with
official information that will be put out soon by Human Resources and Labor Relations at the HR site.
Information regarding the Lay-Off process is located in the Seniority section of the contract, Article 6, Section 3 on page 7. If you
do not have access to a contract, there is one on the Local 34 Web site.
How much notice will I have that I am going to be laid off?
“10 calendar days or more”
What if I was hired in January of 2006, but went on maternity leave in August of 2007 - and the employer had me sign FMLA forms
when I left for maternity leave - then I came back in October of 2007. What is my hire date for the lay-off? Is it 1/06 or 10/07?
“1/06”
How will my insurance premiums get paid if I am laid off? Do I have to pay them myself? Will the County still pay their portion?
Will I have to get COBRA insurance?
“COBRA. After a month, the employee will have to pay for insurance premiums.”
Local 34 Banner
July 2008
- 13 -
Political Insights for Union Members
June 14, 2008
Extension
of
Jobless
Approved in House
http://www.startribune.com/politics/national/president/20013489.html?page=2&c=y
Benefits
A bill to extend unemployment insurance
benefits has passed the House of
Representatives. The President has stated he
will veto the bill if it does pass, and a group of
Republicans says that it has enough votes to
prevent the veto from being overridden. But in
an illustration of the election-year unease
among Republicans about the unemployment
issue, 49 of them again broke with their party
leadership and joined 225 Democrats in
backing the proposal, which would also
extend benefits even longer in states with
unemployment above 6 percent. In those
states, benefits would be extended for a total
of 26 weeks.
Democrats said they had been warned by
labor experts that as many as 10 percent of
those eligible for extended benefits could be
denied them if the 20-week requirement was
retained. They said that it particularly
penalized low-wage workers, minorities and
women and that anyone who qualified with a
brief work history would get a very modest
amount of unemployment compensation. In
addition to that provisions, opponents argue
that unemployment is not high enough to
warrant this extraordinary relief.
http://lawprofessors.typepad.com/laborprof_blog/2008/0
6/extension-of-jo.html#comments
Employment Levels Down Again
The BLS has just released some bad
unemployment numbers. In May, 49,000 jobs
were lost, increasing the unemployment rate
to 5.5%. Although that rate by itself isn't bad
by historical comparison, it's troubling for
several reasons.
First, the unemployment rate by itself is not
that informative. Also important is the level
of "underemployment," which includes people
who are working less than they want and the
number of people who have simply given up
looking for a job and are excluded from the
unemployment figures, despite wanting a
job. This makes historical comparisons less
relevant.
Second, the trend is ugly. Employment. has
decreased every month this year. Given
everything else that's going on, this is only
likely to make people more nervous, which in
a consumer-driven economy like ours, is not a
good thing.
http://lawprofessors.typepad.com/laborprof_blog/2008/0
6/employment-leve.html#comments
Local 34 Banner
AFSCME and MoveOn Together Criticize McCain's Stance
on Iraq war in New Ad
By JIM KUHNHENN, Associated Press - June 17, 2008
WASHINGTON - A major labor union and the liberal organization MoveOn.org are
joining forces to air a provocative new ad portraying John McCain's Iraq policy as a
prolonged presence that would involve a new generation of Americans. Paid for by
the American Federation of State, County and Municipal Employees and by
MoveOn.org, the commercial represents an expansion by Democratic-leaning groups
of a campaign against McCain. It also targets one of McCain's major assets — his
public credibility on national security issues. The ad will begin airing nationally on CNN
and MSNBC, and in Ohio, Michigan and Wisconsin markets. It will run for a week at a
cost of $543,000.
In the ad, an actress with an infant child speaks as if she were addressing McCain, the
likely Republican presidential nominee. "Hi John McCain," she says. "This is Alex. And
he's my first. So far his talents include trying any new food and chasing after our dog.
That, and making my heart pound every time I look at him. And so, John McCain, when
you say you would stay in Iraq for 100 years, were you counting on Alex? Because if
you were, you can't have him."
McCain has stressed that his goal is to reduce American casualties, shift security
missions to Iraqis and, ultimately, have a non-combat U.S. troop presence in Iraq
similar to that in South Korea. He has speculated that such a presence could last 100
years or more. Last week, McCain aired his own commercial where he asserts, "I hate
war." The ad is biographical, recalling his family's military service and his more than
five years as a prisoner of war in Vietnam. The campaign referred questions about the
ad to the Republican National Committee, which said the country needs a president
who listens to his commanders, not partisan groups like MoveOn.org. "Bringing peace
and security to Iraq will require a commander in chief who won't allow partisanship to
cloud his judgment," said spokesman Alex Conant.
Polls show that while a large majority of the public opposes the war, they split almost
evenly between McCain and his likely Democratic opponent, Sen. Barack Obama, over
who would better handle Iraq. "The ad aims to give voice to so many people who are
frustrated that we seem to be stuck in Iraq," said Eli Pariser, MoveOn.org's executive
director. "It speaks to the worry that people have that we'll be sending another
generation of young men and women to Iraq if we continue."
The AFSCME-MoveOn effort unites two forces that were on opposite camps during
the Democratic primary. AFSCME backed Sen. Hillary Rodham Clinton, while MoveOn
backed Obama, who clinched the nomination this month. Paul Booth, executive
assistant to AFSCME President Gerald W. McEntee, said the union has not yet
endorsed Obama but said the ad illustrates "progressive forces coming together of
the same mind about McCain." MoveOn and AFSCME are paying for the ads through
federally regulated political action committees.
Obama does not accept financial contributions from political action committees. He
has called on outside nonprofit groups not to air ads in the presidential campaign. But
his admonition has been aimed at groups that receive unlimited contributions, mostly
from wealthy individuals. Political action committees, however, are restricted to
receiving contributions of no more than $5,000.
July 2008
- 14 -
Unions Turn Support to
Barack Obama
- Wes Volkenant
On a recent weekend, my loving wife Cheryl talked about how she selectively tunes me out
because I just can’t be concise and to-the-point. Now, no one who reads these Local 34
newsletters or sits through a class I’m training could ever accuse me of such a serious
transgression – could you? Hello???
We’re all different, aren’t we? For every man of few words, there’s, well, me. For every skinny
guy riding his bicycle or buff guy working out at the gym, there’s, well, me. Some of us are fit,
thin, well-toned. Others enjoy life and perhaps over-indulge in vices like pasta or breads or ice
cream. Or perhaps your vice is smoking, or drinking. Or perhaps you’re willing to suffer through
your high blood pressure or your high cholesterol by avoiding that daily exercise or by indulging
in those “wrong foods.”
As noted earlier in this issue, our Employer is going to begin dialogue with us concerning
employees whose health habits lead to higher health industry usage and higher health care
dollars spent. One target they’ll be asking the Unions to join with them in addressing are those
of you who continue to smoke. HealthPartners will perhaps give the County negotiated
incentives to bring staff in for smoking cessation activities and classes. The County believes it
will see a healthier work force and lower costs, with less frequent doctor visits, less
susceptibility to seasonal colds, and fewer unproductive work hours.
But this non-smoker, while seeing that side of it, also sees a “nanny state” developing, in which
perfectly legal activities like smoking are nonetheless turned into societal “evils” and those who
indulge themselves in this “vice” are forced to conform to a standard of healthiness that
deprives them of their right to do themselves harm, knowing full-well the consequences of their
actions. I have no problem with the employer forbidding “smoke breaks” and limiting smokers
to the morning and afternoon breaks and lunch time. I just don’t like the employer getting into
how we live our lives outside of the office. Which one’s next – the high cholesterol/high blood
pressure folks or the drinkers? If employees smoke or drink, if they regularly eat greasy fast
food or indulge in fattening pastas and high-caloric desserts or beverages, that’s their choice,
and I suggest that a “Big Brother”-style employer should keep its nose where it belongs.
Well, one place it belongs is in the budget process, and decision-making over the County’s nearterm direction. In late-June, HSPHD submitted its budget to the County Administrator, and this
fall, the HSPHD budget goes before the County Board. The 2009 budget should be adopted in
December. I’ve heard from members with questions and concerns about the seniority list
implications, about the Children’s Redesign and staff movement that’s already underway.
Members worry they’ll lose jobs or be reshuffled by this fall or by the end of the year. Others
members see the Department seemingly going out of its way to find cause to terminate
employment over grievable issues. Matt Nelson has never been this busy fighting for our
members, fighting back against the Employer. In June, Matt reported on seven cases headed to
Council 5 for Arbitration consideration – and the Council is taking most of these on to
Arbitration. The best way to keep a job right now is to do a clean job, to put in the full eighthour day, to keep away from possible computer violations, to keep the “customer is always
right” rule in mind as we pleasantly and properly work with our clients, and to keep good lines
of communication open with our Supervisors.
We’ll have to see what the 2009 budgetary impacts are on our jobs as we approach the end of
the year (the process jump-starts in October according to Sarah Maxwell at a recent Redesign
Brown Bag discussion). It seems certain the Employer will have to resort to layoffs for 2009 –
probably occurring at the holidays. The County and the Locals plan to get information out to
members by the end of summer identifying how the layoff & bumping process will take effect.
Senator Obama is going to be a change-agent President, come 2009. Recently, he showed us a
new direction lies ahead in his on-going discussion of less misdirected spending and more
strategic-funding of government programs. In 2006 Obama co-sponsored the Federal Funding
Accountability and Transparency Act. An Obama presidency will reflect 21 st Century
Democratic values, not necessarily those of Hubert Humphrey, Lyndon Johnson and John F.
Kennedy. We need to prepare for this change of direction, too. Not all of our social ills brought
on these past eight years will be cured by government programs and intervention.
Wes
Local 34 Banner
July 2008
Unions that were either neutral or backing
Hillary Clinton during the Democratic
primaries are rapidly endorsing Barack
Obama. Among those announcing that
they will back Obama are the United Auto
Workers, the United Transportation Union,
and the Sheet Metal Workers. Also
signaling that their unions will endorse
Obama are Ed McElroy, president of the
American Federation of Teachers and
Gerald McEntee, president of AFSCME. The
UAW endorsement of Obama, by a
unanimous vote of its executive board on
June 10, means that three large unions
that have high percentages of male blue
collar workers among their memberships
are now backing the Illinois senator. The
other two such unions are the Steel
Workers and the Mine Workers.
These latest endorsements bring the AFLCIO closer to a federation-wide
endorsement of Obama. To endorse the
federation must have the votes of General
Board members representing two-thirds of
the 9 million members. Official backing for
Obama must come first from several proClinton unions including AFSCME, the
American Federation of Teachers and the
International Association of Machinists.
McEntee said, “For our union, this election
is about rebuilding America’s middle class.
We look forward to talking with Obama
and his staff about many of the issues our
members care most about, such as ending
privatization, providing state and local
fiscal relief, fully finding and supporting
public services and the workers who
provide them, and guaranteeing everyone
has quality, affordable health care they
can count on. “From the beginning of this
campaign, our number one priority has
been to take back the White House for
America’s working families. During the
primary season we showed that when this
union makes an endorsement, we back it
up with everything we’ve got, and that’s
exactly what we are going to do in
November,” McEntee declared.
http://www.pww.org/article/articleview/13
232/1/266/
- 15 -
Well look who sent us her monthly column – President Jean – who’s returning to work around June 23rd, and will be
back in charge of the Local for its July GA and E-Board meetings! Welcome back, Madame President!
THANK YOU
Thank you very much for the gorgeous peace lily and get well card sent to me from the Local after my May 13th surgery. It has brightened my room and
been a constant reminder of what a wonderful group of people you are and how lucky I am to work with you. Also, thanks so much for your e-mails and
cards over the past six weeks. They made the time pass by more quickly.
SENIORITY REPORT
A new seniority report has been posted on the Labor Relations web site:
(http://hennote1.co.hennepin.mn.us/HR/Intranet/GenlInfo.nsf/2c3c06f0ef9746f18625704a00505136/ddd6c0fd42964ba986256c61004f9e11/$FILE/FF
%20051008.xls) and will also be posted on our Local 34 web site, http://www.afscmelocal34.org/. Please take time to review this updated list to make
sure your seniority date is correct. If you feel that the date is incorrect, send me an e-mail with your name, job class, date on the list, why you think the
date is wrong, and what you think your correct date should be. It is very important that you get that information to me by no later than Friday, July
11th, as we have just a 30 day time frame to submit any requests for corrections to Labor Relations. We will need time to compile a list for possible
corrections to give to them by that deadline, July 18, 2008.
2009 BUDGET
As you are aware from previous reports, the County Departments are working on their proposals for the 2009 budget and should have them submitted
to the County Administrator, Richard Johnson, by this time. It is going to be a tough year for us - not only as employees but also as taxpayers and
constituents - as we look at the cuts in funding from Targeted Case Management (TCM) and Child Support reimbursement as well as the property tax
levy limits imposed by the recent state legislation. There are some exceptions in that legislation, so our Council 5 staff will be helping us to review them
to see what impact they will have on our ability to lessen the budget cuts. I attended one of the Children's Redesign presentations. The changes in this
proposal, cutting of FTE's (full time equivalencies) and shifting of staff, are the first of many changes we will see proposed over the course of the year as
other areas in the Human Services and Public Health Department (HSPHD) review the work we do. I commend our members who worked on the
Children's Redesign workgroup. You were faced with a thankless task of trying to determine how to keep our core values and mission in place while
having to propose cutting program and work we have valued in our service to the community. You are our leaders as your work will be repeated many
times as the other areas face similar decisions - what do we need to continue doing based on mandates and what should we look at no longer doing in
order to deal with the funding cuts. One of the topics many of you have raised in our conversations is that of the contracted vendors and their impact
on the annual budget. Traditionally, contracts comprise about 50% of the HSPHD budget and we comprise the other 50%. I did ask the question about
what impact the changes in the Children's Redesign would have on those contracts, and the response was that there would be proportional cuts in the
vendor contracts so that the work we do will not bear the full brunt of the cuts. That being said, you know full well that the vendors will apply pressure
on the County Board to reinstate the proposed cuts to their programs. Each of us needs to be responsible for watching the public hearings when the
Board hears from the vendors. We will need to be a presence at the hearings to let the Commissioners know how important it is to maintain that
balance between vendors and employees. It will take all of us to accomplish this task.
CONVENTIONS
That State AFL-CIO Convention is slated to be held September 14-16, 2008 in Duluth. The AFSCME Council 5 Convention is slated to be held at the
Bloomington Sheraton September 25 - 27, 2008. We will elect delegates to both events at the August 6, 2008 General Assembly. The Local will send up
to seven to Duluth and up to 34 to the Council 5 Convention. Expenses, such as mileage, per diems, lodging in Duluth, and lost time will be covered. If
you are interested in putting your name forward for either or both events and cannot attend the August GA, please send me an e-mail with your name
and event/events you wish to attend by no later than noon on Wednesday, August 6th. Your name will be included for the election of delegates.
HEALTH INSURANCE
The Labor/Management Health Care Committee received information about our 2007 experience with HealthPartners. In all the facts and figures
presented, one item stood out. HealthPartners received more money in premiums last year than we what we cost for our health needs. We will explore
the reasons why as those expressed were not clear. Does this mean that we are practicing healthier habits? With more of us working at home, are we
healthier because we are not exposed to as many germs? Are some of us just not going to the doctor? Personally, my hope is that it is because we are
practicing better health habits - not only because I like you – but also because that will mean that if you are healthier, you will be around a lot longer!
We did receive an update on the Wellness Clinic on the street level of the Government Center. Did you know that you can go there for a good number
of tests and not have a co-pay, or that a nurse is in the clinic from 7:30 AM - 3:00 PM, Monday – Friday, or that you can make an appointment for that
clinic via the online scheduler? So, if you do work in - or near - the Government Center, this is a handy tool just waiting to be utilized. Check out all the
specifics on the Benefits website.
Happy 4th of July!
Jean
Who We Are
AFSCME’s 1.4 million members provide the vital services that make America happen. With members in hundreds of
different occupations — from nurses to corrections officers, child care providers to sanitation workers — AFSCME is the
voice of the dedicated workers who take care of America, and is a leading advocate for all working families.
Local 34 Banner
July 2008
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