LiUNA to Rejoin the AFL-CIO

Monday, August 16, 2010

San Diego - In a Laborers meeting at the LiUNA Tri-Fund Conference in San Diego Sunday, President Terrence O’Sullivan announced that the Laborers will rejoin the AFL-CIO on October 1, 2010. Several hundred LiUNA Representatives cheered the decision made that day by the LiUNA General Executive Board. He also announced that the Laborers will end the affiliation with Change to Win at the end of the month.
General President O’Sullivan added that Change to Win had served the union well and it was time to move forward and build and strengthen the AFL-CIO.

UPEC Supported Bill on Governors Desk

Tuesday, August 10, 2010

SACRAMENTO - Adults who provide alcohol to minors at parties may soon be facing expensive lawsuits in addition to arrest.

The Teen Alcohol Safety Act of 2010, or AB2486, would allow party hosts to be sued if they serve alcohol to a minor who is subsequently injured or killed. The bill, authored by Assemblyman Mike Feuer, D-Los Angeles, received bipartisan support in the Legislature and is now awaiting Gov. Arnold Schwarzenegger’s signature.

“It’s a rare opportunity in public service to be able to author legislation that literally could save someone’s life,” Feuer said. “This is one of those bills, as we know from the tragedies that precede it. The stakes are very high here.” The bill was enacted in part as a response to the death of Shelby Lyn Allen, a 17-year-old from Redding who died in 2008 from alcohol poisoning after she drank vodka at a friend’s house while the parents were in their bedroom. A national survey released in March showed that the number of 9th through 12th-graders who reported drinking alcohol within the past month rose 11 percent between 2008 and 2009.

UPEC Business Manager Chris Darker who also serves as the Vice President for the Shelby Lyn Allen Alcohol Poisoning Education Foundation, is pleased with the Legislatures response to the Bill and getting it to the Governor in this session.

“This Bill will save lives and bring accountability and awareness of this growing problem to parents and children”, said Darker.  “Underage drinking is not acceptable whether it’s a child’s parent or not. I think it’s unfortunate that there are people who think as long as their children and your children consume alcoholic beverages under their roof that underage drinking is safe”, said Darker.

The Shelby Lyn Allen Alcohol Poisoning Education Foundation has found that many parents are just uniformed about the dangers of excessive drinking practices by teens and just how little it takes for their children to be poisoned. “There are others who could care less about our kid’s health and safety so I guess you can say there is a program for everyone now”, said Darker.

Steve Allen, Senior Labor Relations Representative for UPEC Local 792, and his wife Debbie lost their daughter Shelby on December 20, 2008 to alcohol poisoning and have been working to educate parents and teens on the dangers of alcohol while testifying on several occasions in Sacramento as the Bill worked it’s way through the halls of the capitol.

Feuer said the goal of the bill was not to create new liability for the sake of a lawsuit. “It would be my hope that the liability provisions of this legislation are never pursued in court because no further instances arise where adults provide alcohol to kids,” Feuer said.

Labor Federation Responds to Whitmans Latest TV Ad

Friday, August 06, 2010

California - What Meg Whitman doesn’t say in her new warm and fuzzy ad speaks volumes. The truth is, her tenure at eBay was riddled with failure. Whitman likes to talk about the jobs she created at the company but never mentions that under her leadership, nearly 40% of the company’s jobs were overseas. She presided over a 50% decline in the company’s stock during her final years as CEO and jacked up fees on US customers so she could expand the company’s presence in China. Whitman was even sued by her own shareholders at eBay for now-illegal insider deals she made while sitting on the board of directors at disgraced banking giant Goldman Sachs. In 2008, the company slashed nearly 10% of its workforce, cutting the jobs of more than 1,000 workers. Despite her record of failure, Whitman made more than $500 million at eBay.

California voters understand failure when they see it. The Whitman economic philosophy is simple: if it’s good for Wall Street and big corporations, it must be good for everyone. The millions of Californians who lost their jobs and their homes because of the economic collapse Wall Street created know exactly how dangerous that philosophy is. If Whitman were to run California like eBay, Californians could expect more outsourcing, job cutting and lavish perks for CEOs.

Her latest ad does nothing to answer the growing concerns voters have over her corporate background and Wall Street agenda. No amount of money spent on slick ads can convince voters that the CEO way is the right way. It’s time for Whitman to come clean about her corporate past and history of outsourcing and eliminating jobs.

From: Steve Smith, Communications Director, California Labor Federation

Susanville POA Wins Lawsuit Over City

In a long and hard fought battle the Susanville Peace Officer’s Association (SPOA) has finally prevailed in a lawsuit against the City of Susanville for violating the Meyers Milias Brown Act (MMBA) on April 1, 2009. 

On July 1, 2009 the Union made a request to open bargaining for the 2008-09 fiscal year. In August 2008 bargaining between the SPOA, represented by UPEC, and the City was started. In late November of 2008 the City responds to the Unions initial offer and mentions information about a two tiered system for new hires at the Police Department. In December of 2008 the Union rejected the City’s counter offer and requested a last, best and final offer from the City. The City responded that it would be forth coming sometime after January 2009. At the beginning of 2009 the City responded that they were not willing to make any further offer. On January 9, 2009 the Union contacted the City Administrator, also Chief Negotiator for the City, and it was agreed by both parties to seek assistance from the State Mediator. The Union on behalf of the SPOA and the City requested state mediation on January 15, 2009.

On April 1, 2009 while preparing for the State Mediator’s arrival on April 29, 2009 the Union learned of an agenda item before the Susanville City Council that was to implement a two tiered system on newly hired police officers for the City. That same day the Union responded to the item informing the City that they would be violating the MMBA by moving forward with their proposal. The law Offices of Goyette and Associates were hired by the Union to intercede on behalf of the SPOA. This was all for nought as the City immediately adopted a two tiered system for new hires.

Mediation started on April 21, 2009. Both sides agreed at this meeting to a mediated settlelment proposal that was endorsed by the City Mediator and the SPOA bargaining team. This proposal would implement a new MOU June 30, 2010, and it would remove the two tiered system in its entirety, while increasing uniform allowance by $50 annually and giving the members of the Unit a 1% salary increase. The SPOA members voted to accept this mediated settlement proposal. On May 26, 2009 the Union was notified that the City Council had rejected the proposal.The Union immediately requested to return to mediation. At this point the City stalled all further negotiations and ignored option’s given by the State Mediator on how to proceed. On July 2, 2009 the City responded that they do not wish to mediate any further and they will implement their last offer.

On July 27, 2009 the City writes that they have implemented their last offer and failed to mention anything about a two tiered system. In August 2009 the City prepares a new MOU which also does not address a two-tiered system or any of the other benefits that they have taken away from new hires. This new contract was adopted and signed by the POA and the Union.

From April 2009 until July 2010 the City hired four new Police Officers (since that time one has resigned). These new officers were placed in the PERS 2% at 50 retirement plan although the contract stated 3% at 50. These officer’s were not paid the $65 per month into a IRS Section 125 plan, and the City charged each of these employees 2% of their gross salary each pay period to be used for costs associated with health, dental and vision insurance although no other members of the POA had these deductions.

John McCaslin an attorney for Goyette and Associates was forced to file suit against the City on behalf of the three officers in 2010. This was after repeated attempts by the Union and representative’s from Goyette and Associates to resolve this matter without going through the judicial system. The City, in its infinite wisdom, failed to respond to any request for resolution.

On July 19, 2010 Judge Sokol in the Superior Court of California in and for the County of Lassen held a hearing on the matter. Judge Sokol’s tentative ruling on this date was for the City. After presentations by both sides (John McCaslin appearing on behalf of the SPOA) he took the matter under submission. On July 20, 2010 Judge Sokol reversed his earlier ruling finding for the SPOA and the three officers. This ruling should re-instate these three officer’s and future officer’s to the proper benefits under their current MOU.

Thanks to all of the attorneys at Goyette and Associates that were involved in this case. Special thanks to John McCaslin who was eventually able to get this matter resolved.

Modoc General Unit Votes for Two Year Contract

On August 5, 2010 50% of the Modoc General Unit voted for a two year proposed contract with the County. The County is facing a twelve million shortfall and has been on the verge of bankruptcy over the last several months. The employee’s have agreed to the following provisions in an effort to help the County’s financial hardships:

1. Upon ratification of the contract all employees shall be frozen at their current step in salary range and they shall not be eligible for a merit or longevity increase. This will begin on each employee’s anniversary date after ratification and will last for one continuous year for each employee. At the end of that year each employee will continue in their individual step/longevity process.

2. Effective upon ratification The $50.40 cash payment as well as the $350.00 cash payment for waived insurance shall be eliminated for a period of two years. Both of these items will go back into effect no later than September 1, 2012.

3. Effective upon ratification Sick Leave Incentive will be eliminated for a period of two years. The Sick Leave Incentive will go back into effect no later than September 1, 2012,

4. Effective January 1, 2011 all floating holidays will be eliminated for a period of two years. The floating holidays will be reinstated on January 1, 2013.

5. Effective upon ratification employee’s receiving State Disability Insurance (SDI) may elect to supplement their SDI payment with an amount of paid sick leave (if available) converted in hours that will in combination not exceed their regular salary for the pay period.

This contract will run from September 1, 2010 until August 31, 2012.

Thanks to Nancy, Jessica, Bill, Betty and the two ladies from Social Services who assisted during the day and helped count the ballots.Thank you also to the member’s that came out and voted.

2010 Steward Training In Full Swing

Wednesday, July 21, 2010

REDDING - UPEC held it’s second Steward training this year in Redding on June 26th. Members from 4 Counties attend the full day of training and UPEC commissioned 14 new stewards to their ranks. Business Manager Chris Darker and Senior Labor Relations Representative Steve Allen are teaching the UPEC Training Series. The next scheduled training will be in Milpitas on Friday, October 1, 2010. Training flyers and additional information and more training dates are available for 2010 and may be scheduled for a location near you by contacting the union office.