VSEA Mobilizing In Wake Of U.S. Supreme Court Decision To Kill Agency-Fee

VSEA members learned Wednesday morning that the U.S. Supreme Court had finally delivered its long-awaited decision in an anti-union lawsuit WIA has written about a lot in the past year, titled Janus vs. AFSCME. As feared, by a 5-4 vote, the Justices ruled that public-sector unions could no longer collect agency fees from non-members. It’s a huge blow to American and Vermont workers, and many fear the ruling is just the first of many to come, all designed to crush public-sector unions and drive private-sector unions to extinction as well. Workers’ fears about how to win in a stacked Supreme Court were heightened after Justice Anthony Kennedy announced after the Janus ruling was public that he is retiring, opening the door for the appointment of what will almost certainly not be a union-friendly Justice.

VSEA leaders wasted no time, post-Janus ruling, putting out a message to the entire membership and retirees, explaining what happened and reminding about the importance of belonging to VSEA and why solidarity is more important now than ever before. If you don’t remember receiving VSEA’s post-Janus email on Wednesday, you can read it here. One important point in the message was clarification about VSEA’s future obligation to represent “non-members” and the hourly rate the member would pay for representation. VSEA will continue to represent non-members without regard to their membership status; however, VSEA will begin charging an hourly fee for work performed by VSEA staff representatives or attorneys on grievances or disciplinary matters. This fee is consistent with Vermont law and with longstanding VSEA policies that preceded agency fees. VSEA’s decision to charge an hourly rate was supported in the Janus decision by Supreme Court Justice Alito, who wrote: “individual non-members could be required to pay for that service or could be denied union representation altogether.” Even though not mandated by the ruling, VSEA will provide representation without regard to membership, but VSEA will begin immediately to bill non-members on an hourly basis for work performed by a field representative or attorney. As a reference, here is VSEA policy 10-F (Login required), which governs VSEA’s non-member representation

Vermont Press, Post-Janus Decision:

• WPTZ
• WCAX
• Free Press
• Seven Days
• VPR

National Press, Post-Janus Decision:

• New York Times: Labor Unions Will Be Smaller After Supreme Court Decision, But Maybe Not Weaker
   
• Washington Post: The Supreme Court Just Dealt Unions a Big Blow in Janus
   
• In These Times: Janus Is Here—But Don’t Ring the Death Knell for the Labor Movement
   
• Governing: Supreme Court Deals Major Setback to Public Unions
   
• Roll Call: Public Sector Union Clout May Suffer After Janus Case
   
• Slate: How Badly Did the Supreme Court Just Damage Public Sector Unions? Take a Look at Michigan
   
• The Nation: Will ‘Janus’ Prove to Be the Fatal Blow That Unions Have Long Feared?
   
• Washington Post Commentary: Why You Should Care About The Supreme Court’s Janus Decision
   
• AFSCME Editorial: Ruling Attacks The Freedom Of Working People

Friendly Reminder

Just in case. Here is a reminder of just some of what VSEA has been able to accomplish for state employees (guided by rank-and-file leaders and activists) since its inception in 1944:

• Yearly wage increases totaling more than 45% in cost-of-living and step increases since 1990;
   
• Improved health benefits, comprehensive dental insurance including benefits for domestic partners;
   
• A 30-year/no-penalty retirement plan with five-year vesting;
• Enhanced mental health benefits;
   
• Double-your-salary life insurance;
   
• Time-and-a-half overtime benefits for over 4,600 employees;
• Guaranteed maternity/paternity and adoption leave;
   
• A strong grievance procedure to guarantee your rights;
• Layoff (RIF) rights; 
   
• An effective lobbying and political program that defends your rights in the legislature;
   
• A Communications Department that provides timely news and analysis of developments affective you and your job;
   
• Member benefits including discount programs; and
   
• Access to stewards, Union Representatives and lawyers to answer questions and address workplace issues.

Show Your Facebook Friends You’re VSEA Strong With VSEA Facebook Profile Picture Frame!

In light of this week’s Janus Supreme Court decision, consider using VSEA’s newly created “I’m Sticking With The Union” profile picture frame to send a message that you are VSEA strong and you’re sticking with your union.

You can set the frame to your profile picture here or you can following these directions:

1. On a desktop, go to your Facebook profile.
    
2. Hover over your Facebook profile picture and click, “Update Profile Picture”
    
3. In the next menu, select, “Add Frame”
    
4. Search for "VSEA" and select the color frame you would like to use, set the duration, and click “Use as Profile Picture”
    

Note: The following colors are available: Green, Gold, Black, White, and Green/Gold.

State Tells VLRB Members It Believes It Is Following The Law When Making VLRB Appointments, Contrary To What The VLRB Members, VSEA & Others Contend

IMPORTANT: This story was overshadowed this week by the shutdown crisis and then Janus ruling, but, make no mistake, it is not a small matter and VSEA members are urged to keep the heat on, now that the State has spoken.

Last week, WIA informed VSEA members and retirees about a letter two sitting Vermont Labor Relations Board (VLRB) members recently sent to the State’s top official, reminding him that "labor organizations" must be consulted in the VLRB appointment process, not just one labor union, as was the case with Ms. O’Neill. This week, VTDigger asked the State to respond to the VLRB members’ letter, and DOL General Counsel Dick Anderson did, telling Digger, “At this time we are not planning on changing the process,” adding that he “believes the panel was properly selected.”

VSEA Executive Director Steve Howard fires back at Anderson’s cavalier answer in the story, saying, “I think it’s the height of arrogance to suggest that they can ignore the law,” adding that the State appeared to be avoiding its legal obligation to engage unions in a process that already marginalized labor voices. “They don’t have to agree with the labor movement, but if they want to have a non-antagonistic relationship than they would consult with us and have us submit names. It’s very clear what the law is.”

Note: VSEA remains committed to doing whatever it takes to ensure the prescribed VLRB appointment process is followed and that the Board itself remains credible. Remember, all of Vermont labor supports VSEA’s position, as the Board’s decisions matter to these unions and their members as well.

Government Shutdown Averted!

VSEA members and retirees cheered this week’s news that the State would not be signing the legislature’s latest budget agreement, which means the budget is now approved, but without the State’s blessing. Regardless, a government shutdown was prevented, and that’s great news for state employees and the Vermonters who depend on public services. It’s also good news for VSEA retirees, who were concerned about pension checks being cut and mailed.

VSEA President Dave Bellini and the Board of Trustees are thanking VSEA members, retirees and supporters for your calls, emails, personal exchanges and for any other way you reached out to the State and lawmakers to stress how important it was to break the budget stalemate, reminding of the harm that would result to critical services and to your livelihoods.

Important Reminder:

If You Are Considering Filing A Class-Action
“Request For Reclassification…”

First, you must:

• Tell VSEA by July 15; and
• Submit paperwork to VSEA by August 1

VSEA’s Executive Branch collective-bargaining agreements require that all class-action RFRs must be filed within a certain window, following July 1 in any given year—and the window differs depending on Unit-specific contract language. The State will not even entertain RFRs that did not receive prior VSEA approval. The VSEA Board of Trustees adopted a new policy to ensure that VSEA has time to properly evaluate class-action RFRs before they are submitted to the State. This deadline was needed because some RFRs are still being submitted right before the deadline, which prevented VSEA from making sure that the RFR protected all members’ rights.

The Board’s new policy requires any member(s) who want to submit a class-action RFR to VSEA for review and approval must provide notice to VSEA of their intention to file a class-action RFR on or before July 1 in any given year. Given the late notice this year, that deadline is extended to July 15. A copy of the proposed class-action RFR must then be submitted to VSEA before August 1 in any given year. All class-action RFR’s received at VSEA after August 1—or those submitted directly to the State Classification division without notice and consultation with VSEA—will not be “recognized” and/or “signed off” on by the union.

Reminder!

VSEA Bargaining Teams Heading To VLRB On
July 12 For Hearing On “Motion To Reconsider” Contract

A reminder that the Vermont Labor Relations Board (VLRB) recently granted VSEA’s request to present oral argument on its “Motion to Reconsider” the VLRB’s March 30 decision in favor of the State’s last-best-contract-offer. This means the VLRB is taking VSEA seriously and is giving union Bargaining Teams another chance to argue their case, which is more than VSEA members and retirees had a week ago. Remember, implementation of the State’s last best offer is coming fast.

VSEA Contract Oral Argument
Thursday, July 12
VLRB, 13 Baldwin Street
Montpelier
10:00 a.m.

Fund Created To Help Defray VSEA Member’s Son’s Unforeseen Medical Costs

VSEA member Eric Scribner and his wife have created a GoFundMe page to help defray medical costs for their son Caleb, who, according to the page, “was admitted into the hospital early last week with what they thought was a stomach bug, but his health went south quick and he was airlifted to Dartmouth Hitchcock Medical Center where he is currently in the ICU.”

Donate Here

Eric is an IT Specialist working in AOT’s Finance and Administration Division in Montpelier.

VSEA sends strong get-well wishes to Caleb!

Submit Your 2018 VSEA Annual Meeting Award Nominations Online Today!

Learn more about the VSEA Annual Meeting Awards here. The deadline to submit nominations is Wednesday, August 8.

VSEA’s Awards and Scholarships Committee is urging members to give some thought to each of these awards and if you know of a deserving state employee—or a deserving Chapter—then please don’t hesitate to submit your nomination(s).

Winners will be announced at VSEA’s Annual Meeting in September.

VSEA’s Awards And Scholarship Committee Needs You!​

VSEA members interested in becoming a member of your union’s Awards And Scholarships Committee should email the committee’s staff liaison, VSEA Communications Specialist 
Kris Lizzari at klizzari@vsea.org

UVM Nurses Move Closer
To Striking

UVM nurses met with management for two final bargaining sessions this week to try to secure a fair contract, but it was fruitless and the two sides were unable to reach a deal, meaning the workers are now one step closer to going on strike. The two sides did agree to schedule an additional session for tonight. The primary issues the nurses want to address in bargaining are staffing and wages.

If an agreement cannot be reached tonight, the nurses’ Bargaining Committee will assess how far apart the two sides are and then will decide whether or not to issue a 10-day “notice to strike.” If a decision is made to strike, the nurses will most certainly be reaching out to VSEA and other union and community allies to join them on a picket line and help them ramp their campaign up to the next level. The UVM nurses’ contract ends at 12:01 a.m., Monday, July 9.

• Call UVM CEO John Brumsted and UVMMC President Eileen Whalen to demand they avert a strike by immediately agreeing to settle on a fair contract.

  Brumsted: 802-847-1124

  Whalen: 802-847-5384

Upcoming Events:

• Sunday, July 1, 4:00 – 6:00 p.m.
  Nurses Solidarity Alliance meeting. Solidarity Alliance Meeting Facebook Page.
   
• Tuesday, July 3, 5:00 p.m.
  Meet at Union Station to canvass fireworks crowd with literature about the nurses. 

Contact Ashley Smith with questions: ashleyareesmith@gmail.com

VSEA Congratulates CCV Faculty Union On First Contract

VSEA is congratulating members belonging to the new faculty union at the Community College of Vermont (CCV) for signing a first-ever contract with their employer on June 11. VTDigger reports on June 27 that the new, three-year agreement “provides for a pay increase and ensures that faculty with seniority teach at least one course each semester.”

From the story:

Despite the progress on salary and job security, union negotiator Emily Casey said much work remains to be done. Pay for CCV faculty is roughly 45 percent less than that received by adjunct faculty at other Vermont State Colleges, she said, adding that she hopes to get closer to the union’s goals in future contracts.

Casey said union leaders feel that “we’ve created a first step, or a first level, of job security that is a really good spot to
build off of.”