Vol 2, Issue 8
By Joe DiNicola, President, SEIU Local 503, OPEU
April 20, 2006
I've heard the question, “Does it really matter to members who gets elected in Oregon?” many times. Let’s ask a few more questions to find out. Who decides how many dollars to spend on public services? Answer: the people we elect to the Legislature. Who signs the laws that affect all Oregonians? Answer: the Governor we elect. Who decides how to settle our legal disputes? Answer: the judges we elect. Who votes to elect Governors, Judges, State Representatives and State Senators? Answer: we do. Your vote really matters.
In this issue of President Joe's Journal, a member wins for every worker in an Employee Relations Board case and the stock market rebound makes a difference for PERS members and employers. On May 16, Oregon voters decide which candidates will appear on the November ballot. This primary election is the time to make your voice heard. Be sure you are registered to vote and get ready to mail in your ballot.
In this Issue: OR-OSHA Member Wins ERB Ruling Stock Market Up, PERS Employer Rates Down Vote in May 16 Primary Counts for Everything
eNews Flash: Rally at Lottery, Restructure on the Road, and vote May 16
OR-OSHA Member Wins ERB Ruling
Three years ago, an SEIU Local 503, OPEU member was subject to discipline by his employer. Meet Mike Rogers. Mike is an Occupational Safety Specialist 3 at Oregon Occupational Safety and Health Department (OR-OSHA). He’s worked for OR-OSHA since 1980 and has been promoted several times. Mike was diagnosed with post-traumatic stress disorder (PTSD). This medical condition can sometimes cause him, when surprised, to react with an “exaggerated startle response” and flail his arms. This reflex action can be a safety issue for co-workers who approach and touch Mike when his back is turned.
Mike was concerned and made significant and repeated efforts to identify and minimize risk for his co-workers. He asked to be allowed to work from home for part of his work time, as he did from 1997 to 2001. His manager denied that request. He opened file drawers to block the entrance to his cubicle. Management told Mike to keep the drawers closed. He put a mirror on his computer to provide early warning when people approached his cubicle. He warned his co-workers and they tried to remember not to startle him. Despite his determined efforts, Mike reported in 2003 that on three occasions, he had accidentally struck a co-worker.
In September 2003, Mike was disciplined for “violent behavior” with a two-step salary reduction for four months. With the help of his steward (the late Bob Bryant), Mike filed a grievance and provided medical evidence to document his Post Traumatic Stress diagnosis and won an arbitration award. Management disagreed with the decision and appealed to the Employment Relations Board (ERB).
This month, ERB dismissed management’s appeal and ruled in Mike’s favor. ERB said the arbitrator had already rejected management’s argument that Mike’s startle reflex was voluntary. ERB upheld the arbitrator’s ruling: the reflex is involuntary. Therefore, it could not be considered misconduct under the law. ERB also refused to second-guess the arbitrator’s finding that OR-OSHA managers failed to meet the tests of “just cause” before imposing discipline. Finally, ERB ruled that when the arbitrator “strongly urged” OR-OSHA to allow Mike to work from home, the recommendation did not violate the contract, the Public Employee Collective Bargaining Act (PECBA) or any other law.
In the end, ERB rejected every one of the employer’s arguments and decided to uphold Mike’s arbitration award. This decision is a victory that helps every worker who asks management to consider reasonable accommodation for a medical condition. It is also clear that an opinion expressed by managers cannot be used in place of medical evidence. The ruling reminds management they must investigate before they impose discipline. Finally, they cannot discipline someone for a medical condition or involuntary actions.
Congratulations Mike and SEIU Local 503, OPEU stewards and legal staff for a job well done for all workers who need reasonable medical accommodation.
Stock Market Up, PERS Employer Rates Down
There’s good news from the Public Employees Retirement System (PERS) Board. Employer costs are now projected to drop to about 13.3% of payroll for the State of Oregon and other PERS employers next year. The decreased cost to employers is good news for everyone: PERS members, employers and taxpayers. Our attorney, Greg Hartman, says, “Anything that helps the employers meet their obligations and pay promised pension benefits is good news.”
While 13.3% is somewhat higher than the historical average, it is not even close to a crisis for employers. This drop in rates is the result of three consecutive years of very good market returns on the well-managed PERS investment portfolio. The PERS Board is also getting ready to adopt several actuarial and accounting changes recommended by Mercer, an independent consulting firm.
To put all this in perspective, starting in 2002 and as recently as last year, taxpayers and employers were told they faced a projected rate of over 25% of payroll to meet employers’ obligations. While some of the employer rate drop is related to a few PERS “reforms” not yet overturned in court, most of the decrease is due to the market bounce-back as well as accounting changes in the system. According to Greg Hartman, we can expect employer rates to drop back down to historical levels after just one or two more good years of market returns.
This news confirms the fact that certain politicians and others did not tell the whole story with their “sky is falling” message back in 2003. Just last week, Governor Kulongoski again defended the changes he signed into law to cut pension benefits. The Oregon Supreme Court rejected several of those law changes last year as unconstitutional. The next formal step in our dispute over the “reforms” from 2003 will be oral argument in the Robertson case. This lawsuit will answer an important question: “Is it legal to divert Tier 1 and Tier 2 PERS members’ 6% contributions to IAP accounts?” This case will be heard by the Federal Ninth Circuit Court in Portland.
In Robertson, and in every one of our PERS lawsuits, we continue to fight to uphold promised pension benefits for all active and retired members. A deal is a deal!
Vote in May 16 Primary Counts for Everything
Oregon officially joined the United States of America on February 14, 1859 when President Buchanan signed the federal law making Oregon the 33rd State. Oregonians voted in their first national presidential election the next year during a time of great political uncertainty. Abraham Lincoln defeated all three of his opponents on the Oregon ballot and overcame his closest rival by only 270 votes in that historic 1860 election.
On April 28, ballots for the 2006 Oregon primary election for Governor will be mailed to registered voters. In less than thirty days, Democratic and Republican voters will follow a long-standing tradition and choose their candidates. Each party can put only one candidate for Governor on the November ballot. Only voters registered in the Democratic party can vote in the Democratic primary. Only voters registered in the Republican party can vote in the Republican primary.
Now is the time to register. If you are not registered in either the Democratic or Republican party, you will not be able to vote for any candidate for Governor in the May 16 primary. You must submit your registration form before the April 25 deadline and select either the Democratic or Republican party in order to receive your ballot. That’s what it takes to cast your vote for Governor in the primary.
Contact your Organizer, any Steward or Officer to learn what to do to make sure you are registered so that your vote will count. Then make sure your family, friends and neighbors are ready to cast their ballots, too. It is our responsibility to vote. This is how we keep our democracy strong. This is our best opportunity to hold elected officials accountable.
eNews Flash
Rally at Lottery: More than 300 workers at Oregon Lottery go to work every day and do not have the rights and protections SEIU Local 503, OPEU members count on. We support Lottery workers in their fight to join SEIU. Help show the power of our union at a Lottery rally on Thursday, April 27 at 5 pm at Lottery Headquarters, 500 Airport Rd SE, (at State Street). Restructure on the Road: Board Restructure Committee members are hosting meetings around the state in April and May. The meeting schedule is listed on our website.Vote May 16: Members say accountability in the May 16 primary election matters to working families. You can get the word out about the candidates SEIU members have endorsed. Contact your Organizer, Steward or any Officer and sign up today to join co-workers. Help us make history with a few phone calls or a walk in your neighborhood to get information out to voters all over Oregon.