Vol 2, Issue 18
By Joe DiNicola, President, SEIU Local 503, OPEU
Sept 21, 2006
There are times when SEIU Local 503, OPEU members rely on the ballot box to stand up for working families and quality services. Other times, we rely on the legislative process to fight for dignity and respect on the job. Every member relies on contract negotiations to win better wages and benefits. And sometimes members must rely on mediators or the courts to settle our disputes with employers. With the strength, commitment and perseverance of each member, we have tremendous power where we work and live whenever members join together and speak with one voice.
In this issue of President Joe's Journal, Childcare workers celebrate an historic step forward in our "meet and confer" contract negotiations after a neutral third party agrees with our point of view on many key issues. Nursing Home workers take our fight for safe staffing levels to the Capitol to give first-hand testimony to legislators about everyday challenges on the job. In Portland, PERS members make the case in federal court that could finally reverse pension benefit reductions enacted by the 2003 Legislature. Finally, members in District 3 celebrate the grand opening of our new Corvallis field office.
In this issue: Nursing Home Members Speak Up • PERS Goes to Federal Court • eNews Flash: New Corvallis Field Office, Childcare Workers Celebrate
Nursing Home Members Speak Up
Today nearly 900 Nursing Home workers throughout Oregon are represented by SEIU Local 503, OPEU. When we negotiate contracts with nursing home owners, staffing levels are a major issue. However, it is clear that members can’t make real staffing improvements without changes in state law. Nursing Home workers and Homecare members were joined by State and Higher Ed members when we hit the streets earlier this year to collect more than 100,000 signatures for a proposed Safe Staffing ballot measure. Politicians and the nursing home industry took notice.
Last July, our efforts to bring staffing and resident care issues into public view got results. Governor Kulongoski announced the formation of the Nursing Home Safe Staffing Commission and quickly appointed Carlotta Davison (Certified Nursing Aide, CNA, and SEIU Local 503, OPEU member), Leslie Frane (SEIU Local 503 Executive Director), Rick Bennett from AARP, two members of the Legislature, two representatives from the nursing home industry and John Helm, head of the Governor’s Long Term Care Advisory Committee.
Carlotta Davison said, "With this Commission, we can have a huge impact on the kind of care that residents get and on the quality of our own lives. Think of what it would be like to finish your shift and know that you had had enough time to give every resident in your group all the care, on time, that they needed."
The Commission held its second hearing at the Capitol in Salem September 15. Nursing staff, residents and resident family members filled the room and gave direct testimony about their experience and the need for law changes. Members spoke passionately about their work and the challenges they face every day on the job. Here are some members’ concerns:
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"Residents have frequent skin breakdown due to the lack of time required for re-positioning every two hours. The number one cause for skin breakdown is not having enough staff to re-position residents." Restorative Aide (RA), Portland
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"The other day, on my shift, we were walking down the hall to count our carts when a woman called out for help. We stopped to see what was the matter. She said she was having chest pains for about 10 minutes! The two CNAs that work the hall were busy assisting residents in a room and didn't know she needed help. We got the nurse and some nitro for her. The nurse gave her some nitro and said she was sending her out (for medical care). If we could have had another aide on the hall, this incident would probably have been taken care of in a timely manner. This is why it is so urgent to have the staffing ratio changes." Medication Aide (MA)
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"Many 'unexplained' injuries are due to the effects of low staffing. If only three aides are responsible for more than thirty people, who is actually watching and protecting them? Our people need help badly and we are lucky to have time to give residents basic necessities." Certified Nurses Aide (CNA)
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It's clear to everyone that staffing levels are about people, not numbers. Every SEIU Local 503, OPEU member stands together with Nursing Home workers and residents in this fight for dignity and respect for the most vulnerable residents in our communities.
PERS Goes to Federal Court
Active and retired PERS members got a day in federal court September 15 in Portland when a panel of three judges from the Federal Ninth Circuit Court of Appeals heard oral arguments on the Robertson and Henderson cases. Both lawsuits impact hundreds of thousands of PERS plan members.
In the Robertson case, we asked the court to apply federal contract law and require employers to deposit 6% member contributions into PERS member accounts. Since January 2004, member contributions have been diverted to "IAP accounts." This diversion of contributions substantially reduces promised pension benefits for members. Unlike PERS accounts, IAP account balances will not be matched by the employer at retirement.
The Appellate Court panel asked many questions. The discussion centered on the Keating case, a Ninth Circuit precedent. In Keating, the court said the State of Nevada could not take back promised state employee pension benefits by changing the statutes. The panel of judges also questioned the relevance of the Oregon Supreme Court (Strunk) decision. Greg Hartman, attorney for the PERS coalition, said the court should apply federal standards and require Oregon to keep its promises to PERS members. The State of Oregon and the PERS Board want the federal court to follow the Oregon Supreme Court decision in Strunk that defends the diversion of member contributions.
In the Henderson case, our attorneys asked the court to enforce a 1978 federal court order. If we prevail in Henderson, the PERS Board may be required to alter the way it implemented changes to actuarial tables that have determined pension benefits since 2003. The Judges discussed the lack of specific findings by a lower federal court to establish the meaning of the 1978 federal court order. They also expressed concern that the lower court judge had ruled against our position without giving any reasons.
Attorney Hartman reminds reporters and members alike that comments of the panel of judges at oral argument are not a very good indicator of their thinking about the cases. It isn't possible to determine a court's direction until a written opinion is issued. In both Robertson and Henderson, that could take up to a year.
Stay tuned. SEIU Local 503, OPEU continues our fight for both active and retired members to win back promised pension benefits. A deal is a deal!
eNews Flash:
New Corvallis Field Office:On September 20, members celebrated the move of our Corvallis office at the "Open House" of our new union field office on the OSU campus. Our previous field office in Corvallis had limited meeting space. The new more visible and accessible space will help build a stronger union community in District 3. Maggie Neel, OSU local president, presided over the official ribbon-cutting ceremony. It was a great day for members in Corvallis and District 3. Childcare Workers Celebrate: SEIU Local 503, OPEU Childcare bargaining team members and state negotiators could not reach an agreement during the "meet and confer" process set up to establish the first contract for our newest Childcare members. A "neutral third party" was appointed to analyze the unresolved issues and make a non-binding recommendation. The fact-finder's report was issued Monday and it is very favorable to Childcare workers. The report says that fair wages and benefits, along with a real grievance process to enforce the agreement, are essential to meet the needs of workers, communities and the children we serve. Watch for more details as we move closer to the historic first contract for Oregon Childcare workers.