Vol 2, Issue 6
By Joe DiNicola, President, SEIU Local 503, OPEU
March 16, 2006
Every day, members take on the important work of defending our hard-won contracts. SEIU's working families in Oregon can look to the future, count up our victories and remember, "Oregon works because we work for Oregon."
In this issue of President Joe's Journal, Marion County workers hold the line and fight takebacks in tense contract negotiations, 1200 Homecare State Plan Personal Care Providers are protected and an OYA steward stands firm to win a FMLA dispute. SEIU Local 503, OPEU members have been busy questioning candidates about their records and promises. We will announce endorsements Sunday. So get ready, it's all hands on deck for working families!
In this Issue:
• Homecare Workers Win • FMLA Victory at OYA • Marion County Members Step Up • eNews Flash: First to Know and All Hands on Deck
Home care Workers Win
There's good news for SEIU Local 503, OPEU Homecare workers!
A statewide grievance was settled for 1200 State Plan Personal Care workers who provide in-home services for seniors and people with disabilities.
The State tried to say that State Plan Personal Care workers were not entitled to protection under the Homecare contract.
They said the workers should be excluded from the collective bargaining agreement because this program is not a "Medicaid-waivered service." The State was wrong. All of the affected Personal Care workers are included in the bargaining unit and are covered by the contract.
The Homecare Worker Unit includes Medicaid Client Employed Providers (CEPs), Spousal Pay Providers, Oregon Project Independence (OPI) Providers and State Plan Personal Care Providers for seniors and people with physical disabilities. (We agree that the contract excludes State Plan Personal Care Providers for people enrolled through Developmental Disability Services or Mental Health Services.)
The affected workers included in the grievance remain in the bargaining unit and will not suffer any loss of wages or benefits. Homecare worker and steward Erin McIntosh says, "We work hard to agree on a contract that respects workers and is fair. Both sides have to live up to the agreement."
Once again, members prove that it's not enough to bargain a contract. We all need to stand ready to defend the contract after it is signed. Congratulations Homecare!
FMLA Victory at Oregon Youth Authority
Brenda Freddi is an office specialist and a steward at the OYA (Oregon Youth Authority) MacLaren facility. Last September, she needed hospital surgery. Brenda still had 157 hours of family medical leave (FMLA) on the books; however, like many people she didn't know her FMLA balance. OYA managers assured Brenda she had enough hours to maintain health coverage through October 31. When asked about the option of collecting donated leave, management told her it wasn't necessary.
In early October, OYA notified Brenda they had made a mistake about her FMLA hours. They said she now had three options: do without insurance, purchase COBRA health coverage for over $1,000 or gather enough donated leave within 48 hours to keep her insurance. Co-workers got busy even before the request for donated leave appeared in e-mails and collected enough leave for Brenda to keep her insurance.
When she returned to work, she reviewed the calculations. It was clear OYA had made an error. She confronted management with the data but they wouldn't budge. So Brenda filed a grievance about the FMLA computation mistake. She also filed a grievance under Department of Labor (DOL) rules, which say the employer must give you adequate notice of your FMLA running out or the employer is required to cover the time with FMLA protection.
Further, the actual time used may not be counted against the worker's FMLA allotment.
In December, Brenda's grievance won a FMLA victory for everyone. All of her time off was covered. OYA also agreed to provide an additional 157 hours of FMLA coverage, which was their penalty for not sending out the notice on time. Finally, on December 23, she received payment for the donated leave, a statement explaining all of management's mistakes and an apology from Oregon Youth Authority.
Brenda says, "Thanks to my generous co-workers. They stepped up to make sure I was covered. Now I just want to make sure all stewards are aware that while other FMLA violations carry no penalty at all (once the employer fixes the mistake), the DOL notification rule is the only one that has a penalty for management errors."
Congratulations Brenda! Remember, everyone should make sure to get an accurate statement of leave from personnel so you're ready if you have to use FMLA. Call your steward if you have questions.
Marion County Members Step Up
SEIU Local 503, OPEU members at Marion County are in a tough fight to win fair treatment from this local government.
Management has put very destructive proposals on the table, including health care takebacks. At bargaining March 7, over 100 members and supporters stood in solidarity with SEIU workers.
Members at Marion County say plans to terminate sick workers and new parents who exhaust their Family Medical Leave and eliminate vacation leave accrual for injured workers add up to a bad bargain. These takebacks do not demonstrate respect for workers or the family values we all believe make our communities strong.
In another move for takebacks, the county continues to push unacceptable and unaffordable health care options. The county wants workers to agree to Health Savings Accounts. This is a scheme (some call it a scam) pushed by the Bush administration to shift health care costs from employers onto the backs of workers.
Management also says raises are out of the question. Tuesday, after just five minutes at the table, management attempted to shut down negotiations. Let's stand together with Marion County workers to stop the health care shell game and demand a fair contract with raises and no takebacks that respects the work we do.
Please come stand with Marion County workers at the bargaining session March 21, 4 to 8 pm at Marion County Public Works, 5155 Silverton Road NE, near Cordon Road. Tell this employer, "When you take one of us on, you take all of us on!"
eNews Flash:
First to Know: On March 11, candidates for Oregon Governor, Jim Hill-D; Ted Kulongoski-D; Kevin Mannix-R; Pete Sorenson-D and Ben Westlund-I, each made their pitch to SEIU members. On Sunday, CAPE (Citizen Action for Political Education, made up of SEIU members elected from every part of the state) met to recommend who SEIU Local 503, OPEU should endorse. March 18, elected members of our Board of Directors will review CAPE's recommendation and decide on the Governor and other endorsements and our SEIU Oregon State Council will then confirm the process.
You can be among the first to know the outcome; we'll post the news after 8 am Sunday on our hotline 800-473-6738.
All Hands On Deck: The May primary vote could be very close. The stakes are high for every member in our fight for affordable health care, a secure retirement and stable funding for vital services. When we hold our elected officials accountable, we are working to improve the future for all workers. The May election is about electing candidates who stand with working families in Oregon.
Just six weeks from now, on April 28, primary ballots will be mailed to you. Today, you should make sure you register to vote.
Then call your organizer, steward or any officer right away to sign up and help get all SEIU members out to vote. You can make a difference May 16.