Back to Home Print This Page Email This Page

Vol 4, Issue 1

By Joe DiNicola, President, SEIU Local 503, OPEU

January 3, 2008
Welcome to the first 2008 issue of President Joe's Journal . For the past three years, it has been a distinct privilege and a pleasure to publish regular eNews updates about union member victories and issues from all over Oregon. These victories are the result of the hard work and determination of every SEIU Local 503, OPEU member. To everyone who asked questions, sent updates about what's going on where you work and live and gave feedback on each published issue, you have helped every member get the information they need. Thank you!

In this issue of President Joe's Journal , Department of Administrative Services (DAS) members celebrate a surprise contract victory and you can start the New Year with an opportunity to become familiar with how federal laws can help you protect your rights as a union member.

In this issue: DAS Members Win Union Members Have Rights   eNews Flash: NWREL Wins New Contract and OCWCOG Contract Victory

DAS Members Win

State workers celebrated a huge victory in December when the Governor announced a new salary schedule for members of the Department of Administrative Services (DAS) bargaining unit. Every DAS worker in every job classification will see a new top step added to their salary range on June 30, 2009. At the same time, the lowest step of every pay range will be eliminated.

For DAS workers already "topped out" at the highest step, this new salary schedule will result in a one-step pay increase effective on the first salary eligibility date after June 30, 2009. For new hires at the lowest step, the new salary schedule results in an immediate pay increase on June 30, 2009. And of course, adding a new top step means that all SEIU-represented DAS workers can also look forward to an added salary step increase when they reach the top of the pay scale.

Unfortunately, Governor Kulongoski's announcement leaves more than 3,000 workers on the seven campuses of the Oregon University System (OUS) out in the cold because the new salary schedule applies only to DAS workers. The principle of wage parity for all SEIU Local 503, OPEU represented state workers has been a top priority for both DAS and OUS bargaining team members in every contract negotiation. The good news is that we have 18 months to stand together with OUS members to put pressure on the Governor and the Chancellor's Office to maintain parity with other state workers.

For DAS workers, it's a time to celebrate and a time for every member to stand together with our OUS brothers and sisters. Tell our elected officials to do the right thing. When you take one of us on, you take all of us on!

Union Members Have Rights

Every union member in the United States is very fortunate to have rights not available to workers in other countries. To be able to defend your legal rights, each individual member must first be aware of what rights you have and have access to information that will help you protect your rights.

SEIU Local 503, OPEU published the first edition of the Election Guide (known as the "orange book") in 2005 to provide you with the information you need to run for local, district and statewide elected positions. The second edition was mailed to stewards, officers, leaders and activists in December 2007. Copies are available at union headquarters.

The Landrum-Griffin Act and the Labor Management Reporting and Disclosure Act of 1959 govern the legal rights of union members. Title I of the Act includes provisions known as the "Bill of Rights of Members of Labor Organizations."

The Title I sections dealing with equal rights, freedom of speech and assembly, and safeguards against improper disciplinary action are related to the rights pertaining to elections. Direct enforcement of these rights is limited to civil suit in a district court of the United States by the person whose rights have been infringed. The entire Bill of Rights has other protections that are important for every member to know. Here is a reproduction of the text of the statute:


BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS

29 United States Code Section 411:

(a)

(1) Equal rights.

Every member of a labor organization shall have equal rights and privileges within such organization to nominate candidates, to vote in elections or referendums of the labor organization, to attend membership meetings, and to participate in the deliberations and voting upon the business of such meetings, subject to reasonable rules and regulations in such organization's constitution and bylaws.

(2) Freedom of speech and assembly.

Every member of any labor organization shall have the right to meet and assemble freely with other members; and to express any views, arguments, or opinions; and to express at meetings of the labor organization his views, upon candidates in an election of the labor organization or upon any business properly before the meeting, subject to the organization's established and reasonable rules pertaining to the conduct of meetings: Provided, That nothing herein shall be construed to impair the right of a labor organization to adopt and enforce reasonable rules as to the responsibility of every member toward the organization as an institution and to his refraining from conduct that would interfere with its performance of its legal or contractual obligations.

(3) Dues, initiation fees, and assessments.

Except in the case of a federation of national or international labor organizations, the rates of dues and initiation fees payable by members of any labor organization in effect on September 14, 1959 shall not be increased, and no general or special assessment shall be levied upon such members, except —

(A)

in the case of a local labor organization, (i) by majority vote by secret ballot of the members in good standing voting at a general or special membership meeting, after reasonable notice of the intention to vote upon such question, or (ii) by majority vote of the members in good standing voting in a membership referendum conducted by secret ballot; or

(B)

in the case of a labor organization, other than a local labor organization or a federation of national or international labor organizations, (i) by majority vote of the delegates voting at a regular convention, or at a special convention of such labor organization held upon not less than thirty days' written notice to the principal office of each local or constituent labor organization entitled to such notice, or (ii) by majority vote of the members in good standing of such labor organization voting in a membership referendum conducted by secret ballot, or (iii) by majority vote of the members of the executive board or similar governing body of such labor organization, pursuant to express authority contained in the constitution and bylaws of such labor organization: Provided, That such action on the part of the executive board or similar governing body shall be effective only until the next regular convention of such labor organization.

(4) Protection of the right to sue.

No labor organization shall limit the right of any member thereof to institute an action in any court, or in a proceeding before any administrative agency, irrespective of whether or not the labor organization or its officers are named as defendants or respondents in such action or proceeding, or the right of any member of a labor organization to appear as a witness in any judicial, administrative, or legislative proceeding, or to petition any legislature or to communicate with any legislator: Provided, That any such member may be required to exhaust reasonable hearing procedures (but not to exceed a four-month lapse of time) within such organization, before instituting legal or administrative proceedings against such organizations or any officer thereof: And provided further, That no interested employer or employer association shall directly or indirectly finance, encourage, or participate in, except as a party, any such action, proceeding, appearance, or petition.

(5) Safeguards against improper disciplinary action.

No member of any labor organization may be fined, suspended, expelled, or otherwise disciplined except for nonpayment of dues by such organization or by any officer thereof unless such member has been

  • (A) served with written specific charges;
  • (B) given a reasonable time to prepare his defense;
  • (C) afforded a full and fair hearing.
  • (b) Invalidity of constitution and bylaws.

Any provision of the constitution and bylaws of any labor organization which is inconsistent with the provisions of this section shall be of no force or effect.


Nominations for local officers, Board of Directors, statewide officers, 2008 General Council delegates and other elected union positions will open soon. Contact any officer, steward of staff member right away to find out how you can nominate a co-worker or run for office yourself. Good luck!

eNews Flash

NWREL Contract: SEIU Local 503, OPEU members at Northwest Regional Education Laboratory (NWREL) settled contract negotiations in December. Every NWREL member won a minimum 2.9% pay raise, with raises averaging 3.89% effective December 1, 2007. Workers maintain current health benefits and a joint union/management committee will explore new ways to provide more affordable health care for employees and their families. The committee will make recommendations for health care benefits for the second year of the contract. Congratulations to the NWREL bargaining team and every one of the dedicated education professionals at NWREL! OCWCOG Contract: Members at Oregon Cascades West Council of Governments also settled a new three-year contract last month. Workers won a 2.8% raise with the potential for an additional 1% (depending upon health care costs) retroactive to October 1, 2007. In the second year, OCWCOG members look forward to a guaranteed 1.5% raise plus a minimum 3% or up to a maximum 4% depending upon the consumer price index. Finally, in year three, there is a guaranteed 1% raise plus a minimum of 3% or up to a maximum of 4%, again depending upon the consumer price index. Great job and congratulations OCWOG members!