NORTHWESTERN PENNSYLVANIA AREA LABOR NWPA ALF News FEDERATION

SPECIAL POINTS FEBRUARY 2018 EDITION OF INTEREST:

· The NWPA ALF’s AMERICA’S YOUTH MOVE TO ACTION: jurisdiction covers 19 With so many mass shootings especially “School Shootings” in recent decades, the Pennsylvania Counties: Armstrong, Beaver, offering of thoughts and prayers are simply not enough. We have seen nothing Butler, Cameron, tangible that offers an end or even reduction of these events, like common sense gun Clarion, Clearfield, laws. The guns used in these events are most often weapons designed for war (the Crawford, Elk, Erie, killing of humans) like the AR-15. Banning these weapons, bump stocks, and their Forest, Indiana, ammunition will not prevent those responsible gun owners from enjoying their Jefferson, Lawrence, passions of hunting, sporting clays, trapshooting, target practice, etc.. No one wants to McKean, Mercer, Potter, take guns away from hunters/responsible gun owners. Any “Gun Law” will need to Venango, Warren and include the requirements of background checks, safety training, Licensing, and mental Westmoreland. health requirements. · We produce this After the February 14th Mass school shooting at Marjory Stoneman Douglas High , the newsletter for the outcry for change has grown and Americas Youth have drawn a line in sand saying members of our “We have had enough!” Poignant speakers like; Emma Gonzalez, , affiliates. Ariana Ortega, Alex Wind, Sheryl Acquaroli, Spencer Blum, , and Zachary · Any comments or Norris have been calling out our legislators and telling them to prove they value their questions about this lives by passing much needed common sense gun laws. They commented that any newsletters or its contents legislators who receive money from the NRA or refuse to vote to pass common sense should be sent to the should wear a “Badge of Shame”. America’s youth have gone to their NWPA ALF is located at State Legislators in Florida to discuss gun violence. The students will continue this fight 1276 Liberty St. Ste. 2 in in the hopes that the mass shooting at Marjory Stoneman Douglas High will be the last Franklin, PA 16323. one. They had a lie in at their state capitol today and are planning additional events to keep the momentum going which include: INSIDE THIS ISSUE: “” Updates on IRE’s... 2

Labor Solidarity 3 Saturday, March 24th

Scholarship Deadlines 4 Washington DC

Why You Need 4 Sign-up at: http:// act.everytown.org/sign/ NWPA ALF Meetings 5 march-for-our-lives Imperfect Notice is 6 Sufficient Notice High School Walk Out Labor Day Parade 6 Committee Meetings Friday, April 20th CLC Meetings 7 The plan calls for high school students to Workers Memorial 8 walk out on April 20, the 19th anniversary Services of the Columbine shooting. No time has

been specified yet. The plans are current- Please wear orange if possible when Moment of Silence 7 ly being housed on Twitter along with a attending these events. It is the National Change.org petition page that has over Symbol of Solidarity for the movement to Casey Roundtable 8 76,000 signatures as of Tuesday morning. Stop Gun Violence. PAGE 2

UPDATE ON IRE’S—ARE WE ANYWHERE NEW? by Barb Holmes Attorney

As you may remember, last summer individuals who did not challenge the need to speak again on these issues. we advised that Pennsylvania IRE when it was originally held could What this also means is that the Supreme Court struck down the have the benefit of thePROTZ Pennsylvania Legislature is looking at impairment rating provision that decision, that is whether they were ways to modify an injured worker’s was contained in the Pennsylvania time-barred or had waived the benefits on the basis of such an Workers’ Compensation Act, argument. In one case, the examination again, but this time by allowing the compensation carrier Commonwealth Court held that the crafting the language of the statute in to request a specific evaluation after injured worker was foreclosed from a way that a Court will not strike it an injured worker had received 2 attacking the prior IRE because he did down as unconstitutional. That years of benefits and then modify not challenge it at the time, and did legislation is in the works right now, benefits to partial disability based not have evidence that his disability from information we receive from on that examination. This change to had increased since that exam. The those in Harrisburg. When it will partial did not change the amount of Supreme Court, on petition for come to a vote is anyone’s guess, but money that injured worker received, appeal, vacated that decision and it is something that the Legislature but it put a cap on those benefits at sent it back to the Commonwealth feels is important, so it will likely be 500 weeks. The Pennsylvania Court to re-consider the application of discussed in the coming months. Supreme Court in the PROTZ case PROTZ. In another decision, the For the present, however, individuals considered this provision of the Act Commonweal Court held that the whose benefits were transferred to to be unconstitutional, because it Supreme Court “essentially struck the partial using this examination may no did not put sufficient checks and entire IRE provision from the Act,” longer be confined to the receipt of balances on how the AMA Guides to thereby reinstating the injured 500 weeks of benefits, if they the Evaluation of Permanent worker’s benefits. continue to be totally disabled. Any Impairment were to be used in The Appeal Board has issued individual whose benefits were making this assessment. The decisions reinstating injured workers modified based upon an IRE, Workers Compensation Act had to total disability benefits, but only as particularly those still receiving required that “the most recent of the date of the PROTZ decision, benefits, should contact counsel with edition” of the Guides be used in the knowledge and understanding of the determination, and since there had meaning that they are considered to be totally disabled as of June 20, Workers’ Compensation Act been several editions since the time 2017. WCJ’s are taking all different immediately. Those individuals who the law was enacted in 1996, the approaches, some denying the return underwent such an exam but whose PROTZ Court felt that there were to total on the basis that employees benefits may have stopped because not strict enough guidelines for the did not attack the IRE previously, to the 500 weeks has passed should also use of the AMA’s Guides. What the throwing the IRE out entirely and contact counsel, as it may not be too Supreme Court did not do was tell considering the injured worker to late to re-open the claim and the lower tribunals— have been on total disability benefits reinstate benefits. It is essential for Commonwealth Court, Appeal Board the entire time, that is, never having these individuals to investigate the or Workers’ Compensation Judges-- been transferred at all, as though the possibility of setting aside that how the law was to be applied going IRE never happened. examination and percentage of forward. impairment without delay! What these varying decisions mean is Since that time, the Commonwealth that the Commonwealth Court will Court has issued several decisions ultimately have to try to make a involving IRE’s. The issue primarily uniform way of handling these cases, before the Court is whether and that the Supreme Court may

Blaufeld Schiller & Holmes Attorneys at Law Phone: 412-391-0775 or 800-343-9384 Fax: 412-391-7194 PAGE 3

Labor Solidarity Events in NWPA

Other Locations of Major Events PAGE 4

WHY YOU NEED UNINSURED MOTORIST COVERAGE TO PROTECT AGAINST AUTO ACCIDENTS By Signa Ruberg

Under Pennsylvania law, every motor statutory minimum of insurance, so drunk driver, driving on a suspended vehicle liability insurance policy issued your PIP pays $25,000, but you have license without any insurance. Imagine in the commonwealth must offer the still lost $75,000. You file a claim the drunk driver is 24 years old, with no option to purchase uninsured against the other driver, who was at financial assets to pay a judgment. motorist (UM) and underinsured fault, but that driver only has the Without UM/UIM coverage, you’d only motorist (UIM) coverage. There is no minimum required coverage of have your PIP and your health insurance requirement to purchase this $15,000. Now you have a shortfall of to defray costs. coverage, and it does add to the cost $60,000. At this point, you can file a At our firm, we believe in carrying the of your policy. But there are many claim with your own insurance maximum amount of insurance you can reasons to buy UM/UIM coverage, company under your UIM policy. If afford. When calculating your household which can save you from severe you have $25,000 in UIM, you can budget, you should count UM/UIM financial hardship after a serious decrease your shortfall to $35,000. insurance as a necessity, not a luxury. accident. You will still have to sue the at-fault If you need assistance with this or any First, let’s understand how this driver to get a judgment for the total other work comp or injury issue, please insurance works. Pennsylvania law amount, plus your lost earnings and feel free to contact the Attorneys at requires all drivers to purchase certain your pain and suffering. But at this RUDBERG LAW OFFICES, LLC toll free at minimum levels of coverage: point, if you have a good health 1-866-306-2667 or email insurance policy, your out-of-pocket [email protected]. · Personal injury protection — losses should be manageable. Even if $5,000 in PIP to cover you and your the at-fault driver doesn’t have a dime passengers regardless of fault to pay a court judgment, you’ve Know Your Rights! Protect Your Rights! · Bodily injury liability — $15,000 avoided the worst-case scenario for for one person and a total of $30,000 financial hardship following your for all persons injured in a single accident. accident if you are at fault And, speaking of worst-case scenarios, · Property damage liability — it’s possible the at-fault driver has no $5,000 if you are at fault insurance at all. The Insurance Information Institute estimates that Suppose you sustain a serious injury in about 12 percent of American drivers, an accident and your medical bills and 6.5 percent of Pennsylvania amount to $100,000. You were smart drivers, carry no insurance, in defiance enough to purchase more than the of the law. Imagine you’re hit by a

Scholarship Deadlines NWPA ALF has three scholarships each The Mercer County CLC Offers one Beaver-Lawrence CLC offers two for $500 .00 each. scholarship valued at $1,000. scholarship valued at $1,000 each. They are for our members, dependents The deadline is April 30th.. and grandchildren who are continuing The deadline is March 23, 2018 It is available on-line at their education. Two are post – They are available on-line at secondary and one is for a graduating http://pa.aflcio.org/nwpaalf then go to senior. They are available on-line at resources then to scholarships. http://pa.aflcio.org/nwpaalf then go to http://pa.aflcio.org/nwpaalf then go to resource and then scholarships resources then to scholarships. PAGE 5

Where: AFSCME Dc 85 Hall 1st Floor Mtg. Room 1276 Liberty St., Franklin, PA 16323

Wednesday, March 28th E-Board 6:00-7:00 PM Delegates Mtg. 7:00-8:30PM

Saturday, June 2nd—Annual Mtg. Friday June 1st E-Board 6:00—7:00 PM Saturday, June 2nd Delegates Mtg. 10;00 AM-Noon · Scholarships will be awarded and

· “Buy NWPA ALF Display”

Wednesday, September 26th E-Board 6:00-7:00 PM Delegates Mtg. 7:00-8:30PM

Wednesday, December 19th E-Board 6:00-7:00 PM Delegates Mtg. 7:00-8:30PM

“Buy NWPA ALF” Display Planned for our Annual Meeting. The goal is to educate our members on what products are produced and services are offered by our members in NWPA. This will better help us support each other. Please bring your samples, pictures or informational sheets to the NWPA ALF Office. Thank you in advance for your participation. PAGE 6

Imperfect Notice is Sufficient Notice by Darren Parr, Esq.

The Pennsylvania Supreme Court in problems she was experiencing were necessary. Most importantly, the Gentex v. WCAB(Morack), 23 A.3d not work-related. However, the Court explained that an employee 528 (2011), has recently clarified an employee was eventually advised by need only describe the injury in employee’s obligation to describe her physician that she in fact suffered “ordinary language”. The Court their injury when providing notice of from work-related carpal tunnel recognized that not describing the an injury to their employer. In syndrome. She subsequently contacted precise injury and not relating that Gentex , the employee worked as an her supervisor leaving a voicemail injury precisely to work is not inspector of Air Force helmets for 45 message. It is the content of the perfect. However, the Court held years. Between 2003 and 2005 she voicemail message which was at issue that imperfect notice can satisfy began to have pain and swelling in before the Court. the notice requirements of the PA. her hands which was eventually Workers’ Compensation Act and is diagnosed as work-related carpal In the voicemail the employee simply therefore sufficient notice. tunnel. However, prior to the stated that she had: “work-related diagnosis, while she did complain to problems” and never mentioned that Therefore, an injured worker is not her supervisor of significant pain in the problems where with her hands or required to be precise when telling her hands, she never related it to her that she suffered from carpal tunnel. their employer that they have work since she did not have The Supreme Court, in reviewing been injured at work. However, knowledge that the problem was whether this was a sufficient the more information that one can work-related. Consequently, when description of the injury to satisfy the provide the better. Moreover, as she finally stopped working in 2005 notice requirements of the PA Workers’ always, the best form of notice is a due to her pain complaints, she Compensation Act, stated that an exact written accident report. indicated on the application for short diagnosis by an injured worker is not -term disability benefits that the This article was provided by the Darren K. Parr Law Firm represents workers . It is located at 967 Liberty Avenue, Floor 2, Pittsburgh, PA 15222. Phone: (412) 566-1245 Fax: (412) 566-1085, or visit them on the web at: www.dkplaw1.com.

NWPA ALF Labor Day Parade Committee Meetings: Media/Correspondences Comm.: Rosann Barker We appreciate and acknowledge Vendors/ Businesses Committee: nothing we do ahead of time matters On Tuesday, March 20th from 5:30 Vacant if the members of our affiliated PM –6:30 PM we are asking all Clean-up Committee: unions do not have a good turnout participants to meet with us at the Vacant and the public does not come as IBEW 56 Hall located at 185 spectators. Pennbriar Dr., Erie, PA 16509. Parade Marshalls Committee: Terry Flatley? Believe it or not there is a lot of We will be reviewing the 2017 Labor We ask each union to help with behind the scenes work that has been Day Parade, making constructive volunteers which meet with us on being done by some very dedicated observations and recommendations the Tuesday before (August 28th) at individuals, which we truly for changes, hopefully filling the the IBEW Hall and with chair of the appreciate. This year we will be in committee chair/s positions that we parade Marshalls on day of the need of at least one new committee need to replace and setting the parade at 8:30 AM on the corner of chair, schedule for the parade meetings to 11th & State in Chido’s Drive be held. through

If anyone is interested in serving as a The committees we have are: Please Join us! chair or co-chair of a sub-committee Data Committee: “Through collaboration come of the parade please call me. These Pattie DeMichele sub-committees work independently positive ideas and working in and we tend not to overburden the Participation /Outreach Committee: Solidarity creates positive change.” participants with too many meetings. Diana Ames

PAGE 7

Workers Memorial Services: CLC Meetings in NWPA ALF: Friday, April 27th Beaver-Lawrence CLC: Mercer CLC WMS: Meeting 7:30 PM on Monday, March 19th IBEW 712 Hall in Beaver 15009 Mercer County Courthouse For more information call 724-775-4393. 100 North Diamond St. Mercer, PA 16137 Butler County CLC: 12:00 Noon Meeting 7:30 PM on Wednesday, March 7th For more information call 724-854-0605 UAW Hall 112 Hollywood Rd., Butler, PA For more information call 724-285-4883 ext. Saturday, April 28th 233.

Warren-Forest CLC WMS: Clearfield-Elk-Cameron-Jefferson CLC Warren State Hospital Meeting 7:30 PM on Thursday, March 1st Interfaith Chapel IBEW LU5 Training Center in Clearfield 16830 For more information call 814-937-2208. 33 Main Dr. Warren, PA 16365 10:30 AM Erie-Crawford CLC: For more information call 814-688-0834 Meeting 7:30 PM on Wednesday, March 7th USW 3199 Hall in Erie 16501

For more information call 814-455-4752. Erie-Crawford CLC WMS: USW 3199 Hall Greater Westmoreland CLC: Meeting 7:00 PM on Monday, March 19th 703 French St Erie, PA 16501 Hempfield Firehouse # 2 Greensburg 15601 2:00 PM For more information call 724-600-6266. For more information call 814-455-4752. Indiana-Armstrong-Clarion CLC: Meeting 7:30 PM on Thursday, March 22nd UMWA 1412 Hall in Lucernemines 15754 “A Moment of Silence” For more information call 724-388-7962.

McKean-Potter CLC: Meeting 7:00 PM on Monday, March 19th Fox’s Pizza Den in Port Allegany, PA For info email [email protected].

Mercer County CLC: Meeting 7:30 PM on Thursday, March 15th USW 1660 Hall in Farrell 16121 For more information call 724-854-0605.

Venango CLC: Meeting 6:30 PM on Thursday, March 8th Our Moment of Silence held on the 50th Anniversary of the death IAM 1842 Hall in Franklin 16323 of Echol Cole and Robert Walker in Memphis Tennessee was For more information call 814-437-7654. attended by members of organized labor and the community. Warren-Forest CLC: We thank all of our speakers and those who helped make the Meeting 5:00 PM on Tuesday, March 1st event possible. Our vocal point for the event the banner depicting IUOE 95 Hall Echol and Robert sitting in the truck just before they lost their 116 Dobson Ave Warren 16365 lives shows what can be done with cooperation, collaboration and For more information call 814-757-9246 Solidarity . A special thanks to Mayor of Erie for the garbage truck. . Officers NWPA ALF

Chair Andrew Harkulich USW Northwestern PENNSYLVANIA Area Labor Federation Sec.-Treas. Daryl Busch UFCW V-Chair J. David Henderson AFSCME 1276 Liberty St., Ste 2 V-Chair Molly Brechtel SEIU Franklin, PA 16323 V-Chair Gary Bittner UA V-Chair Rick Galiano USW Phone:814-360-8336 V-Chair/Trustee Frank Telesz B&CTC Fax: 814-437-5580 Rep./Trustee Phil Lasky AFT Rep./Trustee Anthony Modaffare GMP E-mail: [email protected] Executive Board Members Rep. B CLC Jim Saeler IBEW Rep. B-L CLC Kerrianne Theuerl SEIU Rep. CECJ CLC Jeff Miller IBEW Rep. E-C CLC Rosanne Gangemi AFT Rep. GWCLC Walter Geiger AFSCME Rep. I-A CLC Jerry Shull AFSCME Rep. M CLC Robert Buckley IBT Rep. M-P CLC Julie Barnett AFSCME Rep. V-C CLC Dan Grove AFSCME Rep. W-F CLC Terry Tami UFCW Rep. Shane Clark AFSCME Rep. Sam Claster APSCUF Rep. Anthony Modaffare GMP Rep. Dale Hightree IAFF Rep. Frank Telesz IBEW Rep. Giles Grinko IUPAT Rep. Jeff Hapke OPEIU Rep. Ted Oslak SEIU We strive to improve the lives of working men and women Rep. Terri Tami UFCW in our region through education and collective actions. Rep. George Bryan USW B&CTC Larry Nelson IBEW NWPA ALF Staff Visit us on the web at Director Rosann Barker NWPA ALF http://paaflcio.org/nwpaalf

2-17-18 Legislative Roundtable

A diverse group of labor leaders in NWPA had an opportunity to After we posed for this picture and Senator Casey left even meet with and hear from Senator Robert P Casey Jr. Our meeting though it was not planned, everyone stayed for comments on was held at the Unitarian Universalist Congregation of Erie in the topics/projects from a few Labor Leaders who were present. Olympia Brown Room (named after a union activist). We discussed PLAs, Community Benefit Agreements, Petitions, CLCs and working closer together. We were honored to have Senator Casey take the time to meet and share with us. Those present heard how valuable he thought Thank you to all who attended. The NWPA ALF is planning on the work of labor was. He shared his sentiments on what we doing this quarterly and will keep you informed . Of Dates and offer to our communities and what challenges are ahead. times. We will be holding Roundtables with our State Legislators, watch our newsletters, website, & Facebook page for details.