Vol 2, Issue 15

By Joe DiNicola, President, SEIU Local 503, OPEU

Who makes decisions within SEIU Local 503, OPEU? All decisions, from policies and procedures to budget allocations, from candidate endorsements to contract ratification, are made by members of our union. Every member has a voice and every member gets a vote. It's a democratic process from start to finish.

In this issue of President Joe's Journal , elected member-delegates get ready for our 2006 General Council later this month in Eugene. Members also decide to take a stand in the November election for Governor, and a utility worker from the City of Wilsonville goes back to work with the help of an SEIU Local 503, OPEU member-steward. Finally, CAPE member-delegates elect a new chair and DAS members in Salem throw an August 8 bash on the Capitol Mall.

In this issue: • General Council Convenes in Eugene • City of Wilsonville Utility Worker Wins • Members Endorse Candidate for Governor • eNews Flash: Capitol Mall Rally, New CAPE Chair and Become a Member Now

General Council Convenes in Eugene

Every two years, SEIU Local 503, OPEU members come together at General Council, the supreme governing body of our union. General Council delegates are elected by members. These elected delegates represent state and local government workers, home care workers, private non-profit workers and nursing home workers from every part of Oregon. Childcare providers, our newest group of represented workers, will join us for the first time this year.

General Council member delegates debate and discuss resolutions proposed by members, review union policies and set a direction for the next two years. Council delegates determine goals and objectives for our union. In many ways, the meeting is like a legislative body. Only General Council delegates have the power to amend or revise the SEIU Local 503, OPEU Constitution and Bylaws, which are the documents that we use to govern our union.

This year, General Council will be held at Lane Community College in Eugene from August 23 through August 26. It's an opportunity for members from different regions and different employer groups to get together and share ideas, concerns and hopes for the future. Members who are not elected as delegates are invited and welcome to observe all General Council proceedings.

If you want to see democracy in action within our union, General Council is the place to be.

City of Wilsonville Utility Worker Wins

Charles Jacoby was a Senior Utility Worker for the City of Wilsonville for eleven years. Charles was fired in July 2005 because management said he had a conversation with a temporary worker during which he allegedly violated City policies. The City also accused Charles of untruthfulness during the investigation of this incident.

When the case went to arbitration, the City had the burden of proving, by clear and convincing evidence, that Charles was guilty of the alleged misconduct. The City was required to show that the misconduct amounted to just and sufficient cause for termination. The key evidence in management's case was the direct testimony of the temporary worker, the only witness with direct knowledge of the incident. However, the witness did not show up to testify during the hearing, even after being given a second opportunity to do so.

The entire case against Charles Jacoby was based on an accusation made by this temporary employee who was unwilling to confirm the facts submitted during the arbitration hearing. Charles, on the other hand, testified credibly that he did not have a conversation that violated City of Wilsonville policies. On July 14, 2006, the arbitrator ruled in favor of Charles Jacoby and found that the City of Wilsonville did not have just cause to fire him. The arbitrator also ruled that Charles must be reinstated with full back pay and benefits.

This case highlights how important witnesses, especially eyewitnesses, are at an arbitration hearing. Since the arbitrator could not evaluate the testimony of the City’s witness, he could not rule on the merits of the case. It's important to keep in mind that a grievant can have a similar problem if witnesses refuse to testify on his or her behalf. Stewards should know that if a witness is hesitant or refuses to testify, a worker's ability to win a case at arbitration might be severely compromised.

Congratulations to Charles and the City of Wilsonville! Once again, members recognize how critical it is to maintain standards of "just cause" and to maintain the right to arbitrate grievances in our contracts.

Members Endorse Candidate for Governor

After months of work site meetings and difficult discussions in every part of the state, SEIU Local 503, OPEU members decided to endorse a candidate in the 2006 election for Governor of Oregon. Elected CAPE (Citizen Action for Political Education) delegates continued the conversation during the DAS/OUS bargaining conference July 22 in Wilsonville, along with more than 200 other members and bargaining delegates.

Members Endorse Kulongoski

During the last 2 hours of the bargaining conference, members debated and discussed the challenges of whether to make an endorsement and weighed the difficulties of choosing a candidate for the November election. Following the conference, CAPE delegates voted to recommend the candidate members expressed the most support for to our Board of Directors. Board members, elected from every region of Oregon, met on Saturday, July 29. Board members voted to adopt the CAPE recommendation and issue an endorsement on behalf of the 37,000 represented workers of SEIU Local 503, OPEU. The vote was unanimous.

In discussing whether or not to endorse a candidate, members made it clear that we don't agree with any of the candidates on every issue that affects SEIU Local 503, OPEU members. History reminds us that some politicians cannot be trusted to live up to their promises and very few politicians, if any, can be counted as friends on 100% of the issues. An endorsement doesn't signal that we believe everything a candidate promises, nor does it mean we approve of a candidate's entire record.

What an endorsement does mean is that SEIU members choose to speak up and decide who sits in the Governor’s office next year. When we negotiate contracts, fight against efforts to privatize our jobs, work to maintain affordable healthcare and to provide adequate funding for state agency budgets, we will have to sit across the table from the next Governor.

Since the candidate members supported in the primary will not be on the ballot in November, it's fair to say that this endorsement was a difficult decision. However, members said time and time again over the last two months that they recognize the stakes are too high in this election for us to sit on the sidelines.

eNews Flash

Capitol Mall Rally: Tuesday, August 8, SEIU Local 503, OPEU members from worksites in downtown Salem will host a contract rally on the Capitol Mall from 11:30 am to 1:15 pm. The rally kicks off the DAS / OUS contract campaign. Join us for lunch and fill out your bargaining survey. New CAPE Chair: CAPE (Citizen Action for Political Education) is a group of SEIU Local 503, OPEU members elected by co-workers. CAPE volunteers spend the time it takes to make sure that the interests of working families are represented at the Capitol and work to hold politicians accountable. Saturday, July 22, CAPE delegates elected a new committee chair, Kurt Kessler from DHS (Department of Human Services) in Medford. Congratulations Kurt! Become a Member Now: You must be an SEIU Local 503, OPEU member to vote to ratify a contract, hold office in our union or elect a co-worker. Ask any local officer, steward or organizer for a membership form today. If you are already a member, help your co-workers become members too. We're always stronger when we speak with one voice.