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WEEK in ACTION! Weekly News from Your Union ~ April 20 – April 27, 2018

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WEEK in ACTION! Weekly News from Your Union ~ April 20 – April 27, 2018 WEEK IN ACTION! Weekly News From Your Union ~ April 20 – April 27, 2018 Your union's weekly newsletter, Week In Action, is emailed every Friday afternoon. Week In Action is the best way to stay up to date with weekly VSEA news! Ø Subscribe to Week In Action Online: www.vsea.org/wia VSEA Takes Additional Legal Action To Stop O’Neill Confirmation And Implementation Of VLRB’s Imposed Contract Just a week after filing an unfair labor practice (ULP) complaint with the Vermont Labor Relations Board (VLRB), charging the State had bargained in “bad faith” with three VSEA Bargaining Units, VSEA attorneys were back at it again today, filing two additional actions in an attempt to remedy the flawed process that led to the State’s last-best-offer contract terms and conditions recently being imposed on thousands of state employees. The first action was filed in Washington County Superior Court on behalf of VSEA and the Vermont NEA, the Vermont Trooper’s Association, the Professional Firefighters of Vermont, the American Federation of Teachers and United Academics; all the additional unions, explains VSEA President Dave Bellini, understanding that this appointment has consequences for their members as well. VSEA and its supporters are formally contesting the appointment of corporate attorney Karen O’Neill as a neutral to the VLRB and requesting a new hearing on last-best-offer contract proposals. The action also seeks an injunction to undo the harm caused by the Scott Administration’s failure to follow the statute when filling a Board vacancy. Specifically, the Labor Commissioner is required to appoint a labor representative to a “Review Panel” from names submitted by labor organizations. The Review Panel is then required to submit names to the Governor, whose charge is to maintain a balance on the Board between persons with labor, management and neutral backgrounds. VSEA contends labor organizations were not contacted at all by the DOL Commissioner for nominees. VSEA’s second action was filed today with the VLRB and asks for a new hearing on the last-best-offer contract proposals submitted by the parties. It also asks that Ms. O’Neill be recused from this decision. The motion is based on several errors committed by the Board, including: • The imposition of an unlawful waiver of bargaining rights concerning prescription drugs; • Consideration of evidence submitted by the State in violation of the Board’s procedural order; • The Board’s decision to give weight to allegations made by the State that the Board knew to be untrue; and • Broader concerns raised in VSEA’s ULP Charge filed last week, which, again, challenges the State’s failure to negotiate in good faith by pointing to its insistence on predictably unacceptable concession demands, violations of the ground rules, and other conduct that was designed to avoid agreement and push the decision to the VLRB. "VSEA members are rightfully upset about the way this contract was forced on us, especially knowing that the formal process in place to determine which last best offer is chosen--and which people are doing the choosing--was flawed and in some cases ignored, which is why VSEA filed a ULP last week and took additional legal action today," explains Bellini. "Our hope is for state employees to get a new hearing in front of the VLRB so we can again make ourcase for VSEA's very fair last-best-offer—hopefully without the state misusing the appointment process to stack the deck in advance." Senate Economic Development Committee Schedules May 2 Hearing On Karen O'Neill's Confirmation To VLRB The Senate Economic Development Committee has scheduled the following: Karen O'Neill Confirmation Hearing To Be A "Neutral" On VLRB Wednesday, May 2 State House Room: TBD Montpelier 8:30 a.m. VSEA members and retirees who are able are urged to come to the State House to listen to the hearing and help VSEA put some faces to the thousands of Vermont workers (not just state employees) who could be harmed if Ms. O'Neill is confirmed as a "neutral." As soon as a meeting room is confirmed, VSEA will be letting members, retirees and supporters know. Legislature's Working Vermonters’ Caucus Sends Letter To Senate Economic Development Committee Members, Opposing O'Neill Confirmation Yesterday, the legislature's "Workers' Caucus" (a group of pro-worker, pro-union lawmakers) sent a letter to Senate Economic Development Committee Chair Michael Sirotkin, voicing their collective opposition to the confirmation of Karen O'Neill to a VLRB "neutral" seat. The letter reads: We, the undersigned members of the Working Vermonters’ Caucus write in strong opposition to the confirmation of Karen O’Neill to a neutral seat on the Vermont Labor Relations Board. As indicated by her résumé, Ms. O’Neill has a long history in management, including as an attorney and shareholder at Gravel & Shea, a firm that touts its history of “successfully defeat[ing] union organizing drives.” We have seen no evidence of countervailing experience in Labor that might qualify her to credibly serve as a neutral member. While Ms. O’Neill might be eminently qualified to serve as a management member of the board, her appointment as a neutral makes a mockery of the Labor Board process, and would leave working Vermonters with little faith that their cases before the Board would be adjudicated in a fair manner. Thank you for your consideration of this crucially important matter. Respectfully. Rep. Johannah Donovan, Co-Chair Rep. Cynthia Weed, Co-Chair cc: The Honorable Alison Clarkson The Honorable Philip Baruth The Honorable Becca Balint The Honorable David Soucy Note: Thanks so much to all the Working Vermonters’ Caucus members for their support! Attention VSEA Judiciary Unit Members! Electronic Contract Ratification Ballots Being Emailed Monday! All eligible VSEA Judiciary Unit members will be receiving an email on Monday, April 30, from [email protected]. The email contains your electronic ballot to vote on the tentative contract agreement reached last week. Very important! Your electronic ballot is being sent to the primary email address that VSEA currently has on file for you. If you do not recall receiving an email from [email protected] on April 30, please look in your “Other” or “Spam” folders before contacting headquarters to request that your ballot be reissued. Reminder: VSEA is sending ballots to Judiciary Unit members’ primary email address, provided the union has your correct primary email address. This is a big reason why WIA is constantly soliciting members to contact VSEA with your updated email address. You can update your contact information here anytime. New This Week: Before The O'Neill Appointment, The State Denied VSEA & Other Unions The Right To Representation On The "Review Panel" To Fill VLRB Vacancies Another piece of the State’s effort to stack the Vermont Labor Relations Board (VLRB) took place at the start of the process, when they went around organized labor to fill labor’s seat on the “Labor Board Review Panel.” This is the panel that recruits candidates to fill board vacancies, and it submits potential appointees to the Governor. The Panel is required by law to include one person appointed by the DOL Commissioner “from names provided by labor organizations.” This one seat is the only input unions have to ensure that the Board can be fair and impartial. The other four seats on the panel are all aligned with management. The labor seat was for years held by the President of the Troopers’ Association. In November of 2017, however, the DOL Commissioner hand-picked a successor from a private-sector union to fill the slot, Jeff Wimette from IBEW Local 300, which represents the employees at Green Mountain Power (where Karen O’Neill worked in Human Resources from 1985-1997). Wimette told VSEA that he was called out of the blue by the DOL Commissioner, and he was unaware of any union being consulted on his appointment. Nor did Commissioner Kurrle consult the VSEA, Working Vermont, the AFL-CIO, the NEA, the AFT or the Troopers’ Association. In short, none of the major public-sector labor unions were told that the position was open or invited to submit names. Here are email responses from three Vermont union leaders, responding to the question of whether or not they were "solicited" for names: "Not that I know of." "I don't recall being asked either." "The **** wasn't contacted either." VSEA and its legal team are sending out freedom of information requests, conducting inquiries and exploring all available options to determine how the November 2017 nomination to the Review Panel's "labor" seat was accomplished and what recourse VSEA might have for remedy. This is just another huge reason to call or email your Senators today and urge their "no" vote on Karen O'Neill's confirmation to the Vermont Labor Relations Board. Find your Senator(s) contact information here: http://bit.ly/1zi0a9O Keep Writing Those Letters To The Editor VSEA! Some VSEA members, supporters and a staff person have recently had letters to the editor, opposing the O’Neill confirmation, published in the newspaper or posted to an online media outlet. Here are some examples of some of the messages VSEA has found to date: Robert Oeser Robin Rieske Ray Stout VSEA Presses Lawmakers Not To Privatize VT’s Entire Mental Health Care Delivery System Faced with a mounting crisis in the way the state currently treats Vermonters with acute mental illness, lawmakers and the AHS Secretary were in full-blown panic mode at the State House this week, marketing a plan to shift services currently being provided at the Vermont Psychiatric Care Hospital (VPCH) to a private University of Vermont Medical Center facility.
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