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NPELRA Corner 1-2
Legal Corner 2-5
Featured this Month 5-11
Labor Relations Academy 12-13
Training 14
PELRA Corner 15-18
Publications 19
Career Center 20
NPELRA Membership Benefits 21
NPELRA Contacts 22
NPELRA NEWS
Tightening the BeltCities & States Dealing with the Crunch
August 12 – 14th the Minnesota PELRA Summer Conference was held at the Northern Lights Conference Center in Duluth. Duluth is located at the western
most tip of Lake Superior, halfway between the Twin Cities and the Canadian border – a quick 5 hour road trip up Interstate 35 for this Iowan! I’d been to Duluth
many times over the years but typically in the late fall and winter, so to see Lake Superior and Duluth in all its wonder – green, flowers, beautiful blue waters - on some gorgeous August days was wonderful. In addition to the great location, renewing acquaintances and meeting new people made the construction- filled drive well worth it! I met so many wonderful individuals it is hard not to thank everyone, but I would like to give special thanks to David Mueller, Melanie Ault, Tim Comstock, Chantell Knauss (thanks for
all the pictures), Jim Jorstad, Pam Nelms, Kay McAloney and Jeanette Sobania.
The conference began with Petra Marquart, Petra Marquart and Associates, Inc. from Minneapolis, an inspirational speaker and author of the customer service book, The Power of Service: Keeping Customers for Life. This was a great opening session and attendees were well prepped for a great conference. After an Ice-Cream Social break, the well known NPELRA Speaker and Sponsor, Bruce Schroeder, a Partner with the Summit Law Group in Seattle, Washington presented “Off-Duty Conduct and Its Impact on the Workplace: What are your Employees Doing Today?” At what point does an employer have the right to delve into and/or take action with regard to an employee’s off-duty behavior? This interactive session provided some valuable advice to the attendees including what an employer should and
From the President, Teresa Rotschafer
Career Center Alert!Check out the latest, hottest jobs at the NPELRA Career Center!•
Assoc. VP, HR, Evergreen State College, Olympia, WAChief of Staff, City of North Chicago, ILCounty Administrator, Barron County, Barron, WIHR Director, City of Modesto, CAMinneapolis, MN School District - “7” positions available
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Labor Relations Academy Alert!Academy I, September 30, 2009, Columbus, OH - Sign Up Today!•
Academy III, October 1, 2009, Columbus, OH - Sign Up Today!•
Elective-Interest Arbitration, October 25, 2009, Galena, IL - Sign Up Today!
•
Academy I, November 17, 2009, Raleigh, NC - Sign Up Today!•
Academy III, November 18, 2009, Raleigh, NC - Sign Up Today!•
Supervisory TrainingWebinars September 30 - The Skinny on Big Compliance Changes
•
October 6 - Harassment in the Workplace
•
October 13 Or November 12 - Substance Abuse in the Workplace
•
Click here for additional info & to register
September 2009
Your NPELRA News LinkINSIDE
NPELRA 1012 South Coast Highway Suite M
Oceanside CA 92054www.npelra.org 877-NPELRA1 (673-5721)
NPELRA Legislative Office c/o Seyfarth Shaw LLP
815 Connecticut Ave. N.W. Suite 500 Washington D.C. 20006-4004
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Rotschafer continued from page 1should not do when an employee engages in serious misconduct during his/her time off.
The evening culminated with a lakeside reception. The weather was beautiful and the attendees enjoyed the networking time while looking out over Lake
Superior. Thursday morning I officially greeted the MPELRA attendees on behalf of NPELRA and then the day’s session began. I’ll be honest…..sometimes when I see that one speaker will be speaking for the entire day, I get concerned and quite frankly
anticipate boredom. NOT THE CASE! The session: Effective Negotiation and Settlement – It’s What We Do! was presented by Charles B. Craver, Professor from George Washington University Law School in Washington, D.C. Professor Craver has presented negotiation seminars in over 40 states and half a dozen countries and has authored numerous books on the art of negotiation. Professor Craver was a dynamic and entertaining speaker who helped the attendees maximize their own negotiation skills regardless of their personal style. A sampling of the topics covered include: setting the tone, considering personal and psychological influences, competitive/power bargaining vs. cooperative bargaining, nonverbal communication, the power of silence, handling psychological games, gender/cultural differences, and ethical considerations. The day went by quickly and I personally could have listened to Professor Craver longer. I would recommend this session to others! Kudos to MPELRA
for bringing in such a renowned national speaker! Thursday evening’s dinner reception was held at the Great Lakes Aquarium. The Aquarium was closed to the public and open only for MPELRA attendees. It is an amazing facility! If you find yourself in Duluth, it is a must see attraction. Friday morning offered two sessions for the attendees. The first was “The Latest & Greatest on Data Practices” presented by Laurie Beyer Kropuenske, Director of Information & Policy Analysis Division for the State of Minnesota. Laurie’s presentation garnered a great deal of
audience reaction! The discussion of open records always creates conversation among labor relations and human resource professionals. The closing session is an annual session presented by Scott Lepak, Attorney with Barna, Guzy & Steffen Ltd., Coon Rapids, MN on “What’s New on the Legislative Scene”. Scott reviewed the latest on the state and federal legislative scene. The annual conference closed with the attendee’s grabbing a box lunch for the road! Thanks again to my friends from the North. The networking was wonderful and the sessions were just fantastic. Not only did I get to a beautiful part of our country, I had fun and learned something too! Thanks again.
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The Americans With Disabilities Act Amendments Act of 2008 Understanding Its Revisions And Impact by Ted ClarkLast year, the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”) moved through Congress swiftly and with strong bipartisan support. President Bush signed the new law on September 25, 2008. The ADAAA has modified the basic elements of determining which individuals are considered disabled and therefore protected from discrimination under the Act’s provisions. The ADAAA became effective January 1, 2009 and the ADA Amendments apply not only to a public entity’s responsibilities to its employees, but to all of its constituents, since Title II of the Act requires that State and local governmental entities make their programs and services accessible to persons with disabilities. Since the ADAAA changes the way in which courts will evaluate whether an individual is protected by the Act in several significant ways, public employers, their HR professionals, corporate counsel, and managers face new workplace and services compliance issues and must understand the meaning and implications of the Act’s revisions. The new law specifically rejected previous Supreme Court decisions that narrowly construed disability and the protections of the Americans with Disabilities Act of 1990 ( ADA ) generally. Congress articulated that the ADA and the judicial interpretations of the ADA simply did not afford disabled individuals the protections intended by Congress upon its enactment.1
1 In the Findings and Purposes to the ADAAA, Congress states that: (4) the holdings of the Supreme Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its companion cases have narrowed the broad scope of protection intended to be afforded by the ADA, thus eliminat-ing protection for many individuals whom Congress intended to protect; (5) the holding of the Supreme Court in Toyota Motor Manufactur-ing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) further narrowed the broad scope of protection intended to be afforded by the ADA; (6) as a result of these Supreme Court cases, lower courts have in-correctly found in individual cases that people with a range of sub-stantially limiting impairments are not people with disabilities; (7) in particular, the Supreme Court, in the case of Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), interpreted the term substantially limits to require a greater degree of limitation than was intended by Congress . . . .
Further, Congress explains that the intended purpose of the ADAAA was to reject the re-quirement enunciated by the Supreme Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its companion cases that whether an impairment substantially limits a major life activity is to be determined with reference to the ameliorative effects of mitigating measures and to
reject the standards enunciated by the Supreme Court in Toyota Motor Manufac-turing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), that the terms substantially and major in the definition of disability under the ADA need to be interpreted strictly to create a demanding standard for qualifying as disabled, and that to be substantially limited in performing a major life activity under the ADA an in-dividual must have an impairment that prevents or severely restricts the individual from doing activities that are of central importance to most people’s daily lives.
Pub.L. 110-325, §2, Sept. 25, 2008, 122 Stat. 3553.
...I personally could have listened to Professor Craver longer. I would recommend this session to others! Kudos to MPELRA for bringing in such a renowned national speaker!
NPELRA Corner Legal Corner
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Ted Clark continued from page 2Congress further explained that the intended purpose of the ADAAA was to reject the strict standards established by the Supreme Court which were favorable to employers. According to Congress, under the ADAAA the focus should be on whether entities complied with their obligations and whether an individual has a disability should not demand extensive analysis. Presently, therefore, the term disability is to be broadly construed and coverage will apply to the maximum extent permitted. As a result, significantly more individuals should and will be afforded the protections of federal law. Determining Protected Status Under the ADAAAThe ADAAA retained the basic definition of disability as an impairment that substantially limits one or more major life activities, a record of such
impairment, or being regarding as having such an impairment. See 42 U.S.C. § 12102(1). However, the ADAAA has broadened the scope of the previous ADA’s coverage. The ADAAA added several new activities to the non-exhaustive list of major life activities covered by the statute. Specifically added were sleeping, ... concentrating, thinking, [and] communicating, as well as major life activities such as the operation of major bodily functions such as the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions. See 42 U.S.C. § 12102(2). The ADAAA also clarified that impairments need only limit one major life activity in order for an individual to establish
protected disability status and expanded protections to individuals with episodic impairments or conditions in remission if the impairment would substantially limit a major life activity in its active state. In a complete reversal of Supreme Court precedent, the ADAAA rejected decisions holding that mitigating measures (e.g., medications, prosthetics, corrective surgery, hearing aids, and mobility devices) were to be considered in assessing whether an individual is covered under the ADA. Presently, impairments should be evaluated in their unmitigated state when determining whether the individual is substantially limited in a major life activity.2
2 The Act presently provides that:
E(i) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as (I) medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies; (II) use of assistive technology; (III) reasonable accommodations or auxiliary aids or services; or (IV) learned behavioral or adaptive neurological modifications. (ii) The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.
42 U.S.C. §12102(4)(E).
The ADAAA also significantly expanded the “Regarded As” protection by prohibiting discrimination based on the alleged perception of a mental or physical impairment, even if that impairment is not a perceived or actual disability under ADA. This means, for example, that a 10-pound lifting restriction that might not rise to the level of an actual disability (under the major life activity of working or otherwise) can nonetheless be the basis of a “regarded as” claim. Excluded from the “Regarded As” prong of the definition of disability, however, are minor and transitory impairments. The ADAAA further limits the scope of protections to those included in the “Regarded As” category by clarifying
that there is no duty to provide reasonable accommodations to individuals who are protected from discrimination on the basis of disability under only the “Regarded As” or “Record Of” prongs of the definition of disability. See 42 U.S.C. § 12102(3). Impact of ADAAAThe expanded scope of the Act will likely result in increasing numbers of individuals not previously covered under federal law now having protection as individuals with disabilities in conformity with the ADAAA. Case law interpreting the definition of disability under prior law may now be useless in determining who is presently protected under the Act. More definitive guidance will be forthcoming when the U.S. Equal Employment Opportunity Commission issues final implementing regulations on the ADAAA. On June 17, 2009, the Commission voted to approve a proposed Notice of Proposed Rulemaking (NPRM) to conform its ADA regulations to the Amendments Act. The proposed NPRM has been sent for comment by other federal agencies and the Office of Management and Budget and when completed, the Commission will publish the proposed regulations for review and public comment. The new standards set by the ADAAA broadening the scope of protections to a larger group of individuals are presently law and must be followed. These new standards require public employers to refine their approach to addressing disabling conditions in the workplace and in the delivery of their services, recognizing that impairments not previously considered to be disabling will now be disabilities protected by federal law. The broader universe of covered individuals will shift much of the focus from determining whether the individual is protected by the Act to whether the individual can be reasonably accommodated in the workplace; more precisely, whether an individual with a physical or mental condition is otherwise qualified to perform essential job functions, with or without reasonable accommodation.3 As a result, reevaluation of job descriptions, job qualification standards,
3 An employer must reasonably accommodate the known physical or men-tal limitations of an otherwise qualified individual with a disability, unless the accommodation would impose an undue hardship on the employer. 42 U.S.C. § 12112(b)(5)(A).
The expanded scope of the Act will likely result in increasing numbers of individuals not previously covered under federal law now having protection as individuals with disabilities...
Legal Corner
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Ted Clark continued from page 3and reasonable accommodation procedures should be completed to ensure that they are current and defensible. Furthermore, public entity administrators must understand how to meaningfully engage in the interactive process with disabled employees and individuals accessing services to determine how a person’s disability can be reasonably accommodated. And finally, if not already done, public entities should consult with their counsel to make sure their practices, policies and procedures are in conformity with the new requirements established by the ADAAA. This month’s Legal Corner was prepared by Mary Kay Klimesh, a partner with Seyfarth Shaw LLP.
ILLINOIS - AFSCME Sues Illinois, Seeking to Halt Planned Layoffs of 2,552 EmployeesResponding to layoff threats by Illinois Gov. Pat Quinn (D), the largest union representing state employees filed a lawsuit Aug. 24 seeking an injunction that would prevent the loss of more than 2,500 jobs until a series of grievances can be resolved (American Fed’n of State, County & Mun.
Employees Council 31 v. Sledge, Ill. Cir. Ct., No. 09 CH 29, 8/24/09).
The American Federation of State, County and Municipal Employees Council 31 sued under Illinois labor law in Johnson County Circuit Court. It seeks a temporary restraining order and a permanent injunction barring Illinois from implementing a plan to indefinitely lay off AFSCME-represented state employees, at least until an arbitrator resolves the union’s grievances pertaining to the layoffs.
As part of a plan to bridge Illinois’s worsening budget crisis, Quinn has
said the state needs to lay off 2,552 employees. Of that total, 2,249 are represented by Council 31. Under “stage 1” of the state’s layoff plan, 509 Council 31 members would lose their jobs Sept. 30. The threatened jobs are in the departments of corrections, revenue, health care and family services, human services, and commerce and economic opportunity.
Henry Bayer, executive director of Council 31, said his union would use “every tool to prevent layoffs and the harm they will cause.” Bayer also questioned the wisdom of the state’s plan, contending that staff shortages already are undermining the quality of state services. Moreover, the
shortages have generated more than $100 million in overtime costs for the state. Layoffs on the scale envisioned by Quinn, Bayer said, would only exacerbate such problems.
Grounds of ChallengeBayer said the lawsuit challenges the state’s plan on three grounds. A key issue is a series of active grievances claiming that the state violated existing collective bargaining agreements through contracts with vendors to perform bargaining unit work. The complaint states that an arbitrator sustained one such grievance July 13 and ordered the state to direct such work to members of Council 31. The union and the state have not reached agreement on implementation of the award.
In addition, the complaint contends that the state has not completed “impact bargaining” with Council 31 surrounding the layoffs. Impact bargaining during layoffs is required under the collective bargaining agreement.
Finally, the lawsuit contends that the state’s plan poses health and safety risks to certain members of the bargaining unit in violation of the contract. On this point, the suit points to extensive cuts being considered for the Department of Corrections, where staff shortages already are placing the health and safety of corrections officers in jeopardy, the union maintains.
“We have a very strong case that the state is violating the AFSCME contract by failing to bargain over the layoffs, putting employees at risk in understaffed prisons, and contracting out work that should be done by our members,” Bayer said. “Many of these factors are the fault of past administrations that neglected and mismanaged state government, and we want to work together with Governor Quinn to address them. We can’t do that, however, as long as any AFSCME member is facing layoff.”
In response to the lawsuit, the Office of the Governor released a statement expressing its willingness to work through the layoff issues with Council 31.
“Governor Pat Quinn and members of his senior staff will work constructively with AFSCME leadership and union members to help rescue our state from its fiscal crisis,” the statement said. “The governor and union leaders will formally come to the bargaining table in early September. In order to restore Illinois’ fiscal health, Governor Quinn is instituting a cost-reduction plan that calls for shared sacrifice among state agencies and their employees.”
BNA September 1, 2009
Responding to layoff threats by Illinois Gov. Pat Quinn (D), the largest union representing state employees filed a lawsuit Aug. 24 seeking an injunction that would prevent the loss of more than 2,500 jobs...
A key issue is a series of active grievances claiming that the state violated existing collective bargaining agreements through contracts with vendors to perform bargaining unit work.
Legal Corner
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CALIFORNIA - Furlough Orders Jeopardize Vested Rights of Members, CalPERS Charges in LawsuitGov. Arnold Schwarzenegger’s (R) orders to furlough state workers three days a month jeopardize the vested rights of state employees and retirees by disrupting the ability of the California Public Employees’ Retirement System to execute investments and deliver benefits, CalPERS said in a
lawsuit filed Aug. 19 (Board of Admin. of the Calif. Pub. Employees’ Ret. Sys. v. Schwarzenegger, Cal. Super. Ct., No. CPF-09-509754, petition for writ of mandate filed 8/19/09).
Although CalPERS employees are not paid with money from the state general fund, they are subject to the governor’s furlough orders. The governor began with an order for one furlough day a month in December 2008 (47 GERR 309, 3/17/09), issued a second order in March increasing the furloughs to two days a
month, and most recently issued an order in July boosting furloughs to three days a month (47 GERR 804, 7/14/09).
The CalPERS lawsuit, filed in San Francisco County Superior Court, differs from others filed by state worker unions and State Controller John Chiang that challenged the governor’s overall authority to furlough state workers. So far, the governor has won at the trial court level in those legal challenges and they are pending in state appellate court (47 GERR 864, 7/28/09).CalPERS questioned the governor’s authority to furlough workers, arguing that the second furlough was illegally premised on a state law reserved for temporary suspension of laws to meet state needs during an emergency or natural disaster. That statute allows a 60-day suspension, but the governor’s furlough order instead declared a 365-day emergency, CalPERS said.
Needed Legislative ApprovalThe governor violated state law by ordering the furloughs unilaterally and without approval of the Legislature, CalPERS said.
Further, the lawsuit argues that rather than saving money, the furloughs deprive CalPERS of full staffing exactly when the system needs its staff to rebound from 2008 investment losses.
“The consequence of applying the furlough orders to CalPERS, whose state employees manage and invest the retirement fund that are not paid out of the General Fund, will be to widen, not narrow, the General Fund deficit,” the lawsuit said.
The furloughs have caused lost investment opportunities and disruption of CalPERS’s ability to close financial transactions worldwide on a timely basis, according to the lawsuit. In addition, the furloughs have meant lost
investment income, delays in implementing major IT projects for delivering benefits, delays in processing retirement and disability applications and paying vested benefits, delays in scheduling retiree medical examinations, and delays in regulatory compliance.
CalPERS asked the court to order the governor, the state Department of Personnel Administration, and the state controller to stop implementing the furlough orders for CalPERS employees.
“State law does not permit general fund budget problems to jeopardize the financial soundness of CalPERS or the benefits that we are obligated to pay retirees,” CalPERS Board President Rob Feckner said. “Further, the furlough is inhibiting our ability to provide services to our members and to meet our contractual responsibilities to local employers.”
The Schwarzenegger administration has not yet responded to the lawsuit.
BNA September 1, 2009
E-Verify Federal Contractor Rule in EffectThe federal contractor E-Verify rule took effect on September 8, 2009, after months of delays and a legal challenge from several employer groups. The rule requires federal contractors and subcontractors to use E-Verify, the U.S. Department of Homeland Security’s electronic employment verification system, to check the employment authorization of all new hires and re-verify the work authorization of current employees assigned to work under a federal contract. All federal contractors, regardless of size, with contracts over $100,000 and subcontractors providing services worth more than $3,000 are covered by the rule. Additionally, the rule imposes liability on prime contractors for subcontractors that do not adhere to the rule or use E-Verify properly.
Federal contracts issued after the effective date will include language requiring contractors to enroll in the E-Verify program within 30 days and verify the work eligibility of all employees working on the contract within 90 days, in addition to those
Word from Washington
CalPERS asked the court to order the governor, the state Department of Personnel Administration, and the state controller to stop implementing the furlough orders for CalPERS employees.
The governor violated state law by ordering the furloughs unilaterally and without approval of the Legislature, CalPERS said.
Legal Corner
Word from Washington continued from page 5
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hired for contract or non-contract work during the contract period. State and local governments and governments of federally recognized Indian
tribes, however, are only required to verify employees who are working directly on the government contracts.
On August 25, 2009, the U.S. District Court for the District of Maryland rejected a legal challenge and upheld the rule, paving the way for DHS to finally implement the rule. The parties challenging the rule then filed a notice of appeal and asked for a stay. However, the rule took effect as scheduled after a federal district court declined to stay the rule. The U.S. Court of Appeals for the Fourth Circuit also denied a motion for an injunction the following day.
In addition to pursuing an appeal, several business groups are still hoping to see changes made to any E-Verify requirements for federal contractors through
congressional action. Discussions have begun with DHS appropriators to make reasonable changes to the DHS appropriations bill, currently going through conference committee, on issues of concern like, re-verification of current employees, subcontractor liability and preemption of state and local requirements.
U.S. Citizenship and Immigration Services (USCIS) has issued a press release, a Q&A document, a User Guide and a Supplemental Guide to help federal contractors implement the required changes.
Fall Legislative OutlookCongress returned from their August recess on September 8 to a significant committee chairman shift and bracing for a full legislative agenda in the four remaining months of the year.
On September 9 Sen. Tom Harkin (D-IA) officially accepted the chairmanship of the Senate Health, Education, Labor and Pension (HELP) Committee. The committee was previously chaired by the late Sen. Ted Kennedy (D-MA), who passed away on August 25. Sen. Chris Dodd (D-CT), who had more seniority on the committee than Harkin and has been leading the healthcare reform negotiations in Kennedy’s absence, choose to remain the chairman of the Senate Banking Committee. Sen. Blanche Lincoln (D-AR) will now take Sen. Harkin’s place as chair of the Senate Agriculture Committee.
This fall, healthcare will likely continue to monopolize much of congress’ attention. Other important issues, such as various appropriations and reauthorizations measures and the climate change legislation, also are likely to demand congressional attention this fall. In addition, several significant labor bills that have been waiting in the wings while healthcare took center stage are expected to begin to see committee action before the end of the year. One of these labor bills is the Public Safety Employer-Employee Cooperation Act (S. 1611). The legislation would create a federally protected right to collective bargaining for police, fire fighters, and EMTs employed by states or municipalities with 25 or more full-time employees and populations over 5,000. This would be a change for many southern states, where public employers have no duty to recognize or bargain with unions.
Congress may also consider the Healthy Families Act (S. 1152), which would mandate employers provide employees with 7 days of paid time off for illness and other reasons and the Employment Nondiscrimination Act (ENDA) (H.R. 3017), which would prohibit employment discrimination based on sexual preference and gender identity. Finally, with Sen. Harkin taking the helm of the Senate HELP Committee, we are likely to see a renewed emphasis to pass some version of the Employee Free Choice Act (EFCA) (S. 560), of which he is the lead Senate champion. EFCA would make it easier to unionize private sector employers by virtually eliminating secret ballot in workplace elections and imposing mandatory arbitration for first contacts. Next Steps on Immigration Reform SlowedEarly in the summer, Sen. Charles Schumer (D-NY), Chairman of the Judiciary Immigration Subcommittee, said he would have draft legislation ready for subcommittee consideration following the August recess; however, his timetable appears to have changed. Schumer reportedly has an outline of legislation ready but has decided to delay introducing the legislation. In recent weeks, he has began working with Sen. Lindsay Graham (R-SC) on the legislation and hopes to use the next few weeks, while congress is focused on healthcare reform, to begin talks with more Senators to ensure his final product is a bi-partisan bill that will receive broad support. While the Senate is expected to act first, Schumer is also collaborating with Rep.
In addition to pursuing an appeal, several business groups are still hoping to see changes made to any E-Verify requirements for federal contractors through congressional action.
Finally, with Sen. Harkin taking the helm of the Senate HELP Committee, we are likely to see a renewed emphasis to pass some version of the Employee Free Choice Act (EFCA)
Featured this month
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Zoe Lofgren (D-CA), Chair of the Judiciary Immigration Subcommittee in the House. Lofgren will lead the charge on immigration reform in the House and is beginning discussions with Democrats and Republicans in the House so they have a bill ready later this year, when the Senate hopes to act. The President continues to show support for beginning the immigration reform debate. On August 20, he hosted a stakeholders’ meeting with
Homeland Security Secretary Janet Napolitano. Representatives from over one hundred business, labor, faith and immigrant-rights groups were in attendance, all raising concern, offering feedback and proposing solutions in discussion groups with Administration officials. The White House did not offer any details on the President’s goals or the timing of when he would like to enact reforms. Some speculate that the President will engage more directly after the healthcare debate winds down and sign a bill into law by next spring, however, it remains unclear how much of an appetite he or congress will have for tackling yet
another big contentious issue.
Obama Attempts to Revive Healthcare Reform after Contentious August Town Halls Members of Congress returned home for the August recess to very heated and crowded town hall meetings focused on the democratic healthcare proposals. Constituents on both sides of the issue showed up in droves and made their concerns known. Without the White House and Democratic leadership’s direct control of messaging on the legislation, the President’s approval rating dropped as did the number of American’s supporting changes to the healthcare system. In response, on September 9, just a day after congress returned from recess, President Obama gave a speech to a joint session of congress hoping to get the healthcare debate back on track and spur them to act quickly. He made a plea to put partisan bickering aside and work together.
Four of five congressional committees, two in the Senate and three in the House, have already voted out a version of healthcare legislation prior to the August recess. The remaining committee, the Senate Finance Committee, chaired by Sen. Max Baucus (D-MT), has been working closely with a group of six senators attempting to craft what would be the only bi-partisan bill. The “gang of six” continues to work towards consensus, but Sen. Baucus now reportedly plans to introduce his proposal, with or without Republican support, sometime in the next week with a mark up likely to be scheduled for the week of September 21. Senate Majority Leader Reid (D-NV) and the Administration have
put extreme pressure on Baucus to wrap up negotiations so a bill can be moved to the Senate floor for a vote. The draft of the Baucus proposal that has been circulating does not include the controversial public healthcare option, that the other Senate bill and the House bills contain, and instead proposes a co-op idea that would receive initial start up funding from the federal government.
Once the Finance Committee reports out a bill from committee it will need to be merged with the Senate Health, Education, Labor and Pension Committee bill before it proceeds to a floor vote. After the House and Senate pass their versions of the bill they will go to a conference committee where a single bill will be negotiated by House and Senate members appointed to the temporary committee.
In the days ahead, while congress works to combine the various bills even more fireworks are likely to be seen as different pockets of congressional membership have come out in strict opposition to various provisions. House progressive Democrats say they will not vote in favor of health reform unless it has a “robust” public option, while many moderate, or “blue dog”, Democrats have said they will vote against the bill if a public plan is included. Other hot button issues, like abortion funding and access for illegal aliens, may also divide congress. Rep. Bart Stupak (D-MI) has said he, and many others, will vote against a bill unless he is allowed to offer an amendment banning abortion funding.
So every stage and provision of the healthcare reform debate in the coming months will likely be extremely volatile. Reid hopes to push the Finance Committee so they can get a final Senate bill on the floor as early as September 28 and reportedly wants to get through conference committee and have a final vote prior to Thanksgiving. NPELRA will continue to monitor the healthcare reform debate closely.
Featured this month
... however, it remains unclear how much of an appetite he or congress will have for tackling yet another big contentious issue.
Reid hopes to push the Finance Committee so they can get a final Senate bill on the floor as early as September 28 and reportedly wants to get through conference committee and have a final vote prior to Thanksgiving.
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Maryland will eliminate 364 positions and implement another round of furloughs for state employees under a plan announced Aug. 25 by Gov. Martin O’Malley (D) and approved by the state’s Board of Public Works Aug. 26.
According to the governor’s presentation to the board—which consists of O’Malley, Treasurer Nancy K. Kopp, and Comptroller Peter Franchot—non-24/7 employees earning less than $40,000 will take a three-day temporary salary reduction and two days of leave, while those earning more than $40,000 will take a five-day temporary salary reduction. State government operations are slated to shut down on five scheduled days: the business days before Labor
Day, Thanksgiving Day, Christmas Day, New Year’s Day, and Memorial Day. The shutdown applies to the day after Thanksgiving for Department of Transportation employees.
The plan imposes additional furlough days for employees earning $40,000 and above, with those earning between $40,000 and $49,999 taking three furlough days, those earning between $50,000 and $99,999 taking four furlough days, and those earning $100,000 or more taking five furlough days.
Employees who are exempt from the furlough plan will lose the equivalent of between three and five days’ pay, with those earning less than $40,000 losing three days of pay and those earning more than $40,000 losing five days of pay.
Eliminates 364 PositionsThe budget reduction plan also includes the elimination of 364 state government positions, 202 of which are filled, resulting in savings of $17 million.
“These are not easy decisions. Just as families, businesses, and individuals across Maryland struggle to find ways to tighten their belts, our state government must do more with less,” O’Malley said in an Aug. 25 statement. “Our citizens expect and deserve a government that works, and in spite of the most severe recession in a generation we’ve been working to reform our State government to make it more efficient and effective.”
AFSCME Maryland Director Patrick Moran responded in a statement, “AFSCME Maryland is disappointed by the Governor’s decision to balance the budget on the backs of state workers and residents. Every day, state employees are on the front lines serving the people of Maryland. … It’s particularly disappointing because the Governor had other options to balance the budget, including closing corporate tax loopholes and finding other revenue streams.”
Moran added that the union fought off an original proposal that included 2,500 across-the-board layoffs, and continues to oppose furloughs. He also credited AFSCME Maryland with the progressive furlough scale.
In addition, he noted that the union was able to protect state employees’ health benefits and pensions by fighting for an incentive
program that promotes greater use of generic prescription medications.
Over $4.3 Billion SavedThe latest round of budget cuts, expected to save over $450 million, follows a $280 million reduction approved in July and an earlier executive order implementing a furlough plan for the state’s approximately 67,000 executive branch employees (46 GERR 1431, 12/30/08). According to O’Malley’s latest proposal, these cuts would bring total reductions under his administration to more than $4.3 billion and 3,200 state government positions.
While cost savings are expected to keep the budget in balance during FY 2010 and carry over into the future, O’Malley warned that the state is projecting a more than $1 billion shortfall in FY 2011.
BNA September 1, 2009
MARYLAND - Gov. O’Malley Announces Plan For Furloughs, Layoffs of State Employees
The latest round of budget cuts, expected to save over $450 million, follows a $280 million reduction approved in July and an earlier executive order implementing a furlough plan for the state’s approximately 67,000 executive branch employees
“These are not easy decisions. Just as families, businesses, and individuals across Maryland struggle to find ways to tighten their belts, our state government must do more with less,”...
Featured this month
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CALIFORNIA - BART Operators OK Four-Year Contract With Lump Sum, Caps on Medical Costs
Members of Amalgamated Transit Union Local 1555 Aug. 25 voted to ratify a four-year contract with San Francisco Bay Area Rapid Transit District that provides $3,000 in lump-sum bonuses and maintains employer-paid premium contributions.
With 65 percent of members voting, train operators, station agents, and front-line supervisors ratified the pact by an 81 percent majority, Local 1555 President Jesse Hunt said Aug. 26. The contract, which runs July 1, 2009, through June 30, 2013, covers 897 workers.
The contract reached Aug. 16 averted by hours a planned strike of the transit system that carries 340,000 riders daily in four counties (47 GERR 944, 8/16/09).
“Our members recognize the economic realities of the Bay Area and the difficulty for everyone working in the Bay Area,” Hunt told BNA. “From the beginning of this, we opened this negotiation to freeze the contract and roll it over, which many municipalities are seeking from their employees.”
The pact has some “significant impacts” and “not too many gains,” but is a contract that “is more fair and equitable than the previous offers were by the district,” Hunt said, adding, “I think ‘content’ might be just a little too strong.” Members twice this summer rejected earlier contract offers.
Cuts in the pact, on which the BART Board of Directors will vote Sept. 8, helped the district reach its stated goal of $100 million in labor cuts. Service Employees International Union Local 1021 and American Federation of State, County and Municipal Employees Local 3993 likewise agreed to freezes and cuts.
The district, hit by revenue declines as its riders lost jobs and taxes dropped in the dismal economy, is facing a $310 million deficit over four years.
“We’re extremely pleased with the vote,” BART Board of Directors President Thomas Blalock said in an Aug. 26 statement. “ATU members showed today they are willing to join their colleagues in SEIU and AFSCME in helping to address the difficult financial challenges facing the District.”
Contract ProvisionsThe contract provides a $500 lump sum payment on July 1, 2010; $1,000 on July 1, 2011; and $1,500 on July 1, 2012, Hunt said. Salaries are frozen at current levels. Train operators hit top scale after three years, which currently is $30.07 an hour, the same pay rate for station agents, he said. First-level supervisors or foreworkers earn 25 percent above agents and operators, or $37.59 an hour.
Employer contributions for premiums are capped at $85 per month, which is the district’s contribution to the highest-cost health maintenance organization under the California Public Employees’ Retirement System, of which BART is a member.
Workers who are enrolled in one of the six other health plans, including a preferred provider organization, will pay the difference for coverage that exceeds the $85 employer-paid premiums, Hunt said.
Workers have an $85 co-pay. The co-pay is indexed at a 3 percent increase each year of the contract, he said.
Other changes include suspending contributions to a secondary retirement account that was established in 1991 when the district agreed to supplement a lower retirement age under the CalPERS plan. That supplement was due to end in 2011. The funds will be used to offset retiree medical payments that were negotiated in 2005, Hunt said.
BNA September 1, 2009
“We’re extremely pleased with the vote,” BART Board of Directors President Thomas Blalock said in an Aug. 26 statement. “ATU members showed today they are willing to join their colleagues in SEIU and AFSCME in helping to address the difficult financial challenges facing the District.”
Employer contributions for premiums are capped at $85 per month, which is the district’s contribution to the highest-cost health maintenance organization under the California Public Employees’ Retirement System, of which BART is a member
Featured this month
New Discussion Forum: Why You Need to Sign Up
Have you signed up for the new Discussion Forum yet? The Discussion Forums are a new outlet for NPELRA. Join in on the dynamic discussions about Public Sector Labor Relations and Human Resources issues. Only members can view and join in on these “conversations.” Discuss training, new legislation, problems or successes in your agency – anything that interests you on a professional level. You are the leaders and generators of these topics of discussions. It is a great way to touch base with your fellow LR/HR colleagues from all over the country.
Some of the topics you have missed if you haven’t signed up yet – and this is just from August!
Baltimore City Police Union Sues to Cut Contract Link to Firefighter’s Pay
Vallejo Firefighters Union, City Reach Deal, End Dispute
Labor Leader Named Head of New York Fed
Maryland’s Pr. George’s Officials Respond to Furloughs Decision
Words Start Flying When Omaha Mayor Plans Civilians & Police Cuts But Not Fire
Unions Oppose Proposal to put all Michigan Public Employees Under Single Health Care Plan
Critics Take Aim at NCCo’s Sick Leave Policy
CalPERS Actuary Says Pension Costs are Not Sustainable
Oakland Police Officers’ Association Reached an Agreement with the City
Renewed Debate over Police Education Stipend
Collective Bargaining Bill Re-Introduced in Senate
Maintenance Worker Seeks Pay for Time Spent After Hours Receiving and Responding to Messages on a Work-Issued Cell Phone
Cincinnati to Lay Off 138 Police Officers
Overtime Pay - Philadelphia
It is easy to join!Log onto www.npelra.orgClick on the “Discussion Forums” tab at the top of the home page.If you have not already logged on with your NPELRA ID & password, you will be asked to log in.You will then be taken to the Forum Home Page.On your first visit, you will need to register. Click on register and fill in your info.You are now ready to chat and share in this valuable communications outlet! Browse and explore… then jump into the conversations!
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NPELRA Seeking Nominees for National RecognitionHere’s your chance to acknowledge the contributions of your colleagues to the field of public sector labor relations. The NPELRA Awards Committee chaired by Joel Kuhl is requesting your help in recognizing those in our field for their outstanding achievements. We all know someone who has done something we found to be exceptional – someone we look up to – someone we wouldn’t want to compete for a job against. You know who I’m talking about…
The Award of Excellence is given to an individual who has made an outstanding contribution to the management role in public sector labor relations during his or her career. The Award of Excellence represents NPELRA’s highest acknowledgement of the recipient’s dedication and achievement in developing positive labor-management relations. It signifies professional efforts, which have demonstrated creative and innovative leadership over an extended period of time.
The Pacesetter Award is presented to individuals or organizations demonstrating particularly innovative leadership in public sector labor relations.
The Pacesetter Award recognizes organizations or individuals who demonstrate particularly innovative leadership in public sector labor relations. This may be illustrated through professional achievements, successful development of a new tool or technique for use in resolving conflicts, addressing new challenges, or assisting others in their growth in public sector labor relations and human resources. Pacesetters are role models who serve as resources to others in the field.
Please nominate that person for national recognition. We will be accepting nominations for the Award of Excellence and the Pacesetter Award from now until the end of February – but why wait?
If you are interested in serving on the Awards Committee, please contact NPELRA Awards Committee Chair, Joel Kuhl, [email protected]
Here’s yourchance toacknowledge thecontributions ofyour colleaguesto the field ofpublic sectorlabor relations
Download Nomination Forms
NPELRA Arbitrator Profiles Going into arbitration soon? Do you need an experienced professional to arbitrate your case?
NPELRA can assist by providing critical information about prospective arbitrators.
Arbitrator Biographical Profiles include:Educational BackgroundPanel MembershipsEmployment HistoryPublicationsArbitrated IndustriesArbitrated IssuesFees for Hearing and ExpensesStatistical Breakdown on Arbitrator’s Decisions
FEE:$40.00 for each profile.
Only $25.00 each for NPELRA members!Information can be in your hands promptly. Email [email protected]
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Featured this month
Here’s yourchance toacknowledge thecontributions ofyour colleaguesto the field ofpublic sectorlabor relations
NPELRA Arbitrator Profiles Going into arbitration soon? Do you need an experienced professional to arbitrate your case?
NPELRA can assist by providing critical information about prospective arbitrators.
Arbitrator Biographical Profiles include:Educational BackgroundPanel MembershipsEmployment HistoryPublicationsArbitrated IndustriesArbitrated IssuesFees for Hearing and ExpensesStatistical Breakdown on Arbitrator’s Decisions
FEE:$40.00 for each profile.
Only $25.00 each for NPELRA members!Information can be in your hands promptly. Email [email protected]
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Applications Now Being Accepted for NPELRA Foundation Scholarships
The NPELRA Foundation, a subsidiary of the National Public Employer Labor Relations Association, has announced that it will award its 11th round of Anthony C. Russo Scholarships this fall.
Human resource, labor and industrial relations, public administration or political science graduate students with an interest in labor and employee relations and the public sector are encouraged to apply. Foundation President
Dema Harris said, “this year we will be awarding scholarships in the amount of $3,000.” She added, “since it’s inception in 1996, The NPELRA Foundation has awarded fifteen (15) $2,000 and thirteen (17) $3,000 scholarships. NPELRA members seeking graduate degrees are eligible.
Applications must be postmarked no later than Friday, September 25, 2009. The application can be obtained from the NPELRA website. Questions should be addressed to [email protected] .
NPELRA Past President Dema Harris serves as the Foundation’s President, Jim Pendergast, the Foundation’s founder and first President and also an NPELRA Past President serves on the Board and former NPELRA Executive Director Roger Dahl is the Secretary/Treasurer. Expenses are kept to the absolute minimum in order to maximize the number of scholarships awarded.
If you can attend only one conference next year, make it NPELRA’s Annual Conference in New Orleans; April 25 – 28, 2010 – “Rebuilding for Future Success”!
Our annual conference provides the ideal setting for labor relations and human resources professionals at all levels to come together to learn the latest trends and developments in public sector labor relations and human resources fields.
This is the perfect opportunity to capture all the timely and relevant information that you need to know in one affordable and packed training program!
We recognize that times are tough with the current recession and public sector agencies need help, so we have REDUCED the “Early Bird MEMBER Rate” to $500, but increased the conference to THREE full days of sessions.
You’ll have more than 32 sessions to choose from that will cover a range of topics, such as, Protecting & Regaining Management Rights, Special Issues of Police/Fire Negotiations, Using Economic Stress to Change Contract Language, FLSA update, 2010 Legal Update, Off Duty Conduct, Networking Roundtables, Transitioning Out of a Recession “Rebuilding for the Future”, Arbitration Case Decisions, 2010 Legislative Update, and much more.
We encourage you to review all of the attractions in the New Orleans area so you can consider extending your visit to the beautiful City of New Orleans. Check out the “Calendar of Events” - April 23 – May 2, 2010 New Orleans 41st Annual Jazz & Heritage Festival.
The conference will be held at the Marriott Convention Center; group code is PELPELA and the group rate is $199. Click here to register.
Make an investment in yourself and attend next year’s annual training conference!
Register Today & Lock in the low rate!
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ATC – Registration Now Open! Register NOW!
Featured this month
2010 Annual Training Conference
April 25-28
New Orleans, LA Marriott Convention Center
Academy I: The Foundation of Labor RelationsSeptember 30, 2009, Columbus, OHHilton Garden Inn(614-766-9900)
Academy III:The Negotiations ProcessOctober 1, 2009, Columbus, OHHilton Garden Inn(614-766-9900)
Elective Academy:Interest ArbitrationOctober 25, 2009Galena, IL
Academy I: The Foundation of Labor RelationsNovember 17, 2009, Raleigh, NC
Academy III:The Negotiation ProcessNovember 18, 2009, Raleigh, NC
Academy I: The Foundation of Labor RelationsApril 25, 2010, New Orleans, LA(During NPELRA’s Annual Training Conference)Marriott Convention Center(800-305-6342)
Academy II-The Grievance Arbitration ProcessGalveston, TX
Galveston TX
Galveston Academy II
Academy II-The Grievance Arbitration ProcessDes Moines, IA
Jim Hanks, presented again for us in Des Moines
Scott and Julie attending the Academy in Des Moines
Cindy Lynch attending Academy II in Des Moines, IA
Bettye Lynn presenting Academy II in Galveston, TX
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Click on Academy to find out more & to register!
Academy Calendar
Labor Relations Academy
Certified Labor Relations ProgramBecome a Certified Labor Relations Professional (CLRP)
This certification program is an innovative teaching program designed specifically for public sector labor relations and human resources professionals who are new to the field, as well as for experience practitioners seeking additional training. It is designed for anyone who wants to understand the basics of labor/management relations – for anyone who wants to be prepared to negotiate a comprehensive labor agreement – for anyone who wants to understand the arbitration process – for anyone who wants to refresh and update his or her skills – and for anyone who wants a broader knowledge of labor relations. The Academy Certification Program is for all of you!
Academy I – The Foundation of Labor Relationsgives participants resources to achieve a better understanding of the basic principles and practices of labor relations. Through lively workshops and interactive exercises, participants sharpen their knowledge of “The Duty to Bargain”, “Good Faith”, “The Scope of Bargaining”, “The Profile of an Excellent Negotiator” and writing important contract clauses. Participants will be given tools of the trade to assist them in preparing and organizing for bargaining and also in enforcing and administering the collective bargaining agreement. An overview of comparative negotiating processes illustrates various approaches to bargaining and tips for success.
Academy II – The Grievance Arbitration Processpresents a thorough grounding in the role of arbitration in union-management relations from the perspectives of: the practitioner, the arbitrator and the advocate. Workshops address responding to grievances, the rules of contract construction and how and when to raise arbitrability. Participants will draft a response to a grievance and learn how to improve their skills in preparing and presenting a winning case. An arbitrator will discuss what works and what doesn’t and present the key elements of the burden of proof. Interactive exercises in choosing an arbitrator and selecting witnesses are designed to build expertise.
Academy III – The Negotiation Processfocuses on the negotiations process in a simulation involving economic, reclassification and benefit issues that gives participants an opportunity to sharpen their negotiating skills. Materials are sent out in advance for preparation before the session. Upon arrival, each person is assigned to a union or management team and given confidential instructions for strategic planning. Coaches and “mediators” are provided and additional instructions keep the exercise lively. An interactive workshop on thorny problems such as the timing of settlements, impasse strategies and multi-year contracts follows the simulation debriefing. A labor-management point / counterpoint featuring a union official rounds out the day with a perspective from “the other side of the table.”
Elective Academies*In addition to our certification program, NPELRA offers elective Academies that focus on specific issues within the public-sector labor relations profession.
Elective Academy: Interest Arbitration, clarifies the interest arbitration process to resolve the terms of the labor contract when the parties cannot agree on the resolution of issues during negotiations. This arbitration process is in contrast to grievance or rights arbitration based on the terms of an established labor contract. Participants will learn the history of interest arbitration and the common procedural elements of a binding interest arbitration law. They will learn to prepare for contract negotiations knowing the negotiations may results in interest arbitration. The presentations will discuss required background material including development of comparison groups and examples of documents to include in the arbitration hearing. Participants will also learn how to prepare an effective exhibit perhaps to illustrate an “ability to pay” argument, cost of living information, and wage comparisons.
Elective Academy: Costing a Labor Contract, focuses on the concepts and techniques for determining the value and cost of employer and union proposals, and the terms of the contract settlement. This Academy will cover techniques and approaches to costing as well giving you the tools to be better prepared at the bargaining table to successfully argue and negotiate your positions. There will be presentations regarding How to Start Your Cost Analysis, How To Cost A Contract and Presenting The Cost Of The Contract. Interactive discussion and exercises address common costing definitions, types of data, demographics, total package costing, and resources available. Additional topics include costing methodologies, advanced costing techniques, and presenting information to the approving body.
* Elective Academies are independent and not required for the CLRP Certification.
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This certification program is an innovative teaching program designed specifically for public sector labor relations and human resources professionals who are new to the field, as well as for experience practitioners seeking additional training.
Labor Relations Academy
Supervisory TrainingSupervisors and Managers make decisions everyday which affect your organization. The decisions they make have operational and financial impacts. Do they have the skills, tools, and knowledge to make good decisions, one which will positively impact their employees and the organization as a whole?
The NPELRA Supervisory Training Program (webinar) has been developed to provide your supervisors and managers the training that applies to their day-to-day responsibilities:
Web based interactive trainingTrain one or many for the same costsNationally recognized speakersInformative and practical material handouts and session materialsPractical solutions to everyday issues90-minute sessions.
Program Costs:NPELRA members - $199Non-members - $275
WEBINAR Training Calendar:
September 30, 2009The Skinny on Big Compliance Changes Presented by Keith Friede - Gallagher Benefit Services
October 6, 2009Harassment in the Workplace Presented by Mark Meyerhoff, Partner - Liebert Cassidy Whitmore
October 13 OR November 12, 2009Substance Abuse in the Workplace Presented by Lori Torriero, Assistant Director Franklin Co. CSEA
For more info and/or to register, click here
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Mandatory Collective Bargaining Training for Public SafetyIn response to expressed concerns and needs across the country, NPELRA has developed a series of training programs on collective bargaining in the public sector.
HR 413 (HR980) the Public Safety Employer-Employee Cooperation Act - if passed will provide collective bargaining rights for public safety officers employed by states or local governments. The bill would establish a national system of minimum collective bargaining standards for most of the nation’s public safety officers, including but not limited to, law enforcement officers, firefighters, and other emergency service personnel. The Act would establish a national collective bargaining system for such personnel to be governed by the Federal Labor Relations Authority (FLRA). States and local governments impacted by the Act should begin preparing now for the possibility of increased union organizing and collective bargaining under the new law.
WORKSHOP Training Schedule:Watch the website for upcoming workshops
Cost: Members - $249Non-members - $349
NPELRA Training Programs Empower your decision makers
NPELRA WEBINAR SERIES:
Did you miss an NPELRA Webinar?
You can still order a CD Archive of the program along with program material!
Order a CD archive of NPELRA’s Webinar series, which offers a dynamic learning environment that allows you to access timely, relevant information without leaving the office.
Cost: $199 members
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View Archived Recordings
Training
One price to train your
ENTIRE STAFF!
State PELRA UpdatesArizonaFor additional information visit our website at www.azpelra.org .
Welcome New AzPELRA / NPELRA Member:Denise OverstreetPersonnel SupervisorCity of Phoenix
CaliforniaCALPELRA’s 34th Annual Conference is scheduled for November 4 – 6, 2009. This year’s Conference program includes a wide array of sessions on crucial and timely topics, and addresses the complex labor and employment problems all public agencies face.
The 2009 Conference program is now available for viewing on CALPELRA’s website, www.calpelra.org .
ConnecticutVisit ConnPELRA’s NEW website at www.connpelra.org .
DelawareDELPELRA is in the planning stages for a Labor Relations Academy class in the spring of 2010 to be held jointly with MDPELRA.
Tight budgets in Delaware continue to impact the political process as well as the bargaining process. In Dover, after the Mayor initially vetoed the budget, citing safety concerns over proposed police officer furloughs, City Council overrode him and imposed an 8-hour per month furlough for almost all City employees. Previously contracted wage increases were effective July 1 for IUE-CWA (3.5%) and IBEW (4%). Non-bargaining employees received a 3.5% wage increase. On September 1, the FOP and City approved a new 3-year contract, which provides a 3.5% wage increase this year and 1.5-3% wage increase next year depending on inflation. There will be a wage reopener only in the third year of the contract. Like other employees, FOP members are subject to an 8-hour per month furlough provision, but only for up to 9 months. No layoffs are anticipated.
Visit DELPELRA’s NEW website at www.delpelra.org .
IllinoisIPELRA’s 2009 Annual Conference is scheduled for October 25 – 28 in Galena.
Visit the IPELRA website today at www.ipelra.org .
Welcome New IPELRA / NPELRA Members:
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Lauren DaValleStudent ClerkOdelson & Sterk, Ltd.Evergreen Park
Julie StrahlHR ConsultantSikichAurora
Sharon TurlekAssistant Director of Human ResourcesGlenview
IowaVisit the IaPELRA website at www.iapelra.org .
Welcome IaPELRA / NPELRA member:Michael MarcinkowskiAsst. City AdministratorCity of Pella
MarylandVisit MDPELRA’s NEW website at www.mdpelra.org .
MinnesotaVisit MPELRA’s website at www.mnpelra.org .
MissouriMOPELRA has scheduled the 2009 annual conference for Thursday, November 12th and Friday, November 13th at the Hilton Garden Inn in Columbia.
Visit MOPELRA’s website at www.mopelra.org .
NevadaVisit NVPELRA’s website at www.nvpelra.org .
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PELRA Corner
CALPELRA Board members & Executive Staff take themselves out to the ballgame following a May 2009 Board meeting in San Diego
continued on page 17
State PELRA Updates continued from page 15New YorkNYSPELRA OFFICERS ELECTED FOR 2009-2010. At the 35th Annual Training Conference held in Saratoga Springs July 27-29, attended by approximately 120 individuals, members in attendance elected these individuals as your officers for the coming year:
President: Jenifer Barr; President Elect: Lisa Baisley; Past President: Terence O’Neil, Esq.; Secretary/Treasurer: Jack Kalinkewicz; Vice-President, Region 1: Victor Pacheco; Vice-President, Region 2: Elayne G. Gold, Esq.; Vice-President, Region 3: Peter Troiano, Vice-President, Region 4: Kelly Gale Eisenried; Board members at large: John Corcoran, Esq.; Louis R. Giardina; William L. Holcomb; John Talerico; & Ex-Officio member: Walter J. Pellegrini.
The recipient of the William L. Holcomb award for Public Service in Labor Relations was Don Sullivan.
Legislative Update: The Governor has acted on the following bills: A. 8400, which amended various sections of the Insurance Law to extend the right of individuals losing health insurance coverage and not covered by COBRA to continue health insurance coverage
for as long as 36 months. Chapter 236, effective July 1, 2009; A. 9038, which extended health insurance coverage for an unmarried child of an insured through age 29. Chapter 240, effective September 1, 2009; A. 7698, which added §170-b to the Executive Law to prohibit the use of the term “oriental” on any State or municipal form or pre-printed document. The term must be replaced by January 1, 2010 with the term “Asian”. Chapter 385, effective August 26, 2009; A. 7993, which would allow certain members of the NYS Police and Fire Retirement System, including those in the §384-d plan, who had transferred service credit from the NYS Employees’ Retirement System (ERS) to transfer all service credit earned in either System back to ERS. Chapter 390, effective August 26, 2009; Vetoed was A. 2247-B which would have authorized the NYS Department of Labor to study hostile workplace behavior and its consequences. In his veto, the Governor noted that several hundred thousand dollars would be incurred by the State in order to comply with the terms of the bill, if it were to be signed into law, a mandate which would be impractical given the current economic status of the State. Veto 30, August 11, 2009.
Check out the NYSPELRA website at www.nyspelra.org .
Welcome NYSPELRA/NPELRA members:Brian DoyleChief of AdministrationErie County Sherriff’s OfficeBuffalo
Franklin GoldbergerPartnerJackson Lewis LLPAlbany
Jason RingAssistant Superintendent for PersonnelWatertown City School DistrictWatertown
OhioThe OHPELRA Board of Directors met on Kelley’s Island August 12, 13, and 14 to plan its Annual Training Conference to be held February 7, 8, and 9, 2010 at the Cherry Valley Lodge and Conference Center in Newark, Ohio. The planning session was once again a very successful endeavor and those who will attend the 2010 version of the Annual Training Conference will be delighted with the topics or the speakers. Budget those training dollars for 2010 and mark those calendars for February 7, 8, and 9, 2010.
Mark Your Calendars!!! OHPELRA’s Can’t Miss Fall Program – October 2, 2009
Registration is now available online at www.ohpelra.org for the can’t miss program of the year, OHPELRA’s Fall Program, Leadership Boot Camp: Beyond the Basics featuring Cindy-Ann L. Thomas, Senior Counsel with Littler Mendelson. This program will give you the information, resources, and confidence you need to more effectively lead through these challenging times.
Please continue to visit www.opelra.org to watch for them.
Welcome New OHPELRA/NPELRA Members:
Michael D’ArcyState of OhioColumbus
Janet HurstHR OfficerTrumbull County Job & Family ServicesWarren
Michael WardManager of Custodial ServicesWesterville City SchoolsWesterville
OklahomaOKPELRA’s annual conference is scheduled for October 15 – 16, 2009.
Visit OKPLELA’s website at www.okpelra.org .
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PELRA Corner
State PELRA Updates continued from page 16
DO YOU HAVE CONTRIBUTIONS FOR OUR PELRA CORNER?
Please forward any State PELRA news-bits to
OregonVisit ORPELRA’s NEW website at www.orpelra.org .
Welcome ORPELRA/NPELRA member:Amy HeinlenHuman Resources DirectorCity of Hillsboro
Texas TXPELRA’s annual seminar will be held February 10, 2010 at the Crowne Plaza in San Antonio.
Visit TXPELRA’s website at www.txpelra.org .
WashingtonWAPELRA’s annual conference is scheduled for September 23 – 25, 2009 in Bremerton.
Visit WAPELRA’s NEW website at www.wapelra.org .
WisconsinVisit WPELRA website at www.wpelra.org .
Welcome New NPELRA Members:Strib BoyntonHigh Point, NC
Rebecca JonesDeputy Human Resources DirectorCity of Greensboro, NC
John McCraryHigh Point, NC
George OliverPartnerSmith Moore LeatherwoodRaleigh, NC
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PELRA Corner
ArizonaGreg E. Fretz (President)Labor Relations AdministratorPhone: 480-782-2353E-mail: [email protected]: www.azpelra.org
CaliforniaAllison Picard (President)Deputy CAO, Human Resources DirectorPhone: 559-582-3211E-mail: [email protected]: www.calpelra.org
ConnecticutJames Haselkamp (President)Personnel and Labor Relations DirectorPhone: 203-854-7724E-mail: [email protected]: www.connpelra.org
DelawareMonica Gonzalez-Gillespie (President)Director of PersonnelPhone: 302-576-2460E-mail: [email protected]: www.delpelra.org
IllinoisSandra Vincent Richard (President)Director of Human ResourcesPhone: 630-372-4251E-mail: [email protected]: www.ipelra.org
IowaJane Pauba Dodge (President)Human Resources ManagerPhone: 515-222-3602E-mail: [email protected]: www.iapelra.org
MarylandJoe Adler (President)Director of Human ResourcesPhone: 240-777-5100E-mail: [email protected]
MinnesotaDave Mueller (President)Personnel DirectorPhone: 507-328-7712E-mail: [email protected]: www.mnpelra.org
MissouriRuth Rollins (President)Manager of Employee RelationsPhone: 314-615-0147Email: [email protected]: www.mopelra.org
NevadaSheila R. Dugan (President)Manager of Employment & CompensationPhone: 702-267-1913E-mail: [email protected]: www.nvpelra.org
New JerseyStephen Trimboli (President)Knapp, Trimboli & Prusinowski, L.L.C. Phone: 973-660-1095 E-mail: [email protected]
New YorkJenifer Barr (President)Director of Employee RelationsPhone: 716-845-1088E-mail: [email protected]: www.nyspelra.org
OhioKevin G. Williams (President)Human Resources OfficerPhone: 614-645-6570E-mail: [email protected]: www.ohpelra.org
OklahomaMonica Coleman (President)Assistant Personnel DirectorPhone: 405-297-2760E-mail: [email protected]: www.okpelra.com
OregonBlaise Lamphier (Interim President)Labor Relations Manager Phone: 503-988-5135, ext. 2E-mail: [email protected]: www.orpelra.org
TexasRichard Hodapp (President)Assistant Human Resources Director(817) 392-7770Email: [email protected]: www.txpelra.org
WashingtonFrancine Reis (President)Human Resources DirectorClark CountyPhone: 360-397-2456Email: [email protected]: www.wapelra.org
WisconsinDale Peters (President)Director of Human ResourcesPhone: 715-839-6045E-mail: [email protected]: www.wpelra.org
Affiliated PELRA Presidents
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PELRA Corner
Fair Labor Standards Act: A Public Sector Compliance Guide, byLiebert Cassidy WhitmoreThis publication contains important information you need to know to ensure that your agency’s employment policies and procedures are in compliance with the FLSA. This superb guide is written and prepared by the law firm of Liebert Cassidy Whitmore. It covers all aspects of the law and regulations, illustrates in practical terms how to apply the law and regulations through examples, and is logically organized for ease of understanding and reference.
Maintaining Public Services:The NPELRA Strike Planning Manual – Third EditionA complete guide on what to do before, during and after a strike, this publication examines all phases of strike contingency planning and will assist you to plan ahead to continue vital services, develop legal strategies and tactics, use available personnel wisely, provide security and generallymanage a difficult situation.
Smarter Bargaining I & II: Guides to Contract Language for Today’s Public Sector NegotiatorBook I has examples of contract clauses on over 125 topics, an analysis of each clause’s positive and negative aspects, and clauses to be avoided and why. It is an invaluable aid both prior to and during negotiations. Book II has contract language on new issues and reflects changes that have taken place at the bargaining table since the publication Smarter Bargaining. It has language on drug testing, smoking, physical fitness testing, subcontracting, insurance cost containment and other issues. It updates language on hours of work since Garcia, impasse resolution, grievance procedures, reopeners, no strike/no lockout, etc. The two-volume set is recommended, although the books may be purchased separately.
Winning Arbitration, by Anthony Russo and John RomanowThis publication has over 350 pages that provide advice and technical assistance on interest arbitration. It discusses both substantive and procedural considerations implicit on the process, including the extent and nature of evidence needed to prove your case, strategy considerations to be addressed as well as pitfalls to be avoided.
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Publications
PUBLICATIONSPrices
Member Non-MemberQuantity Amount
Fair Labor Standards Act: A Public Sector Compliance Guide $95.00 $130.50Maintaining Public Services: The NPELRA Strike Planning Manual - Third Edition $57.00 $92.50Smarter Bargaining I: A Guide to Contract Language $55.00 $80.50Smarter Bargaining II: The Contract Language Supplement $40.00 $60.50Smarter Bargaining I & II: Special Two-Volume Set Price $85.00 $130.50Winning Arbitration $58.00 $90.50
SHIPPING & HANDLING - TOTAL - $
NAME: ___________________________________TITLE:_____________________________________
AGENCY: _________________________________ADDRESS: _________________________________
CITY: ____________________STATE:______ZIP CODE:_____________PHONE:___________________
E-MAIL:__________________________________________________________________________
Visit the NPELRA Store at www.npelra.org or mail this form with your check to address above
SHIPPING & HANDLING
1-4 books $5.00
5+ books $1.00 each additional book
3 Ways to Order On-linePhoneMail
National Public Employer Labor Relations Association 1012 South Coast Highway Suite M Oceanside CA 92054
Toll Free: 877-NPELRA1 (673-5721) Fax: 760-433-1687www.npelra.org
Human Resources Customer Services Associate POSTED: Aug 11 Hourly Rate: 15.28 - 18.26 Location: Minneapolis, Minnesota Employer: Minneapolis School District #1 Type: Full Time - Experienced Category: Human Resources For more info, please contact: Pat Pratt-Cook or Neil Bowerman at 612-668-0562
Human Resources Director POSTED: Sep 08 Salary: Up to 139,453.00 Location: Modesto, California Employer: City of Modesto, California Type: Full Time - Experienced Category: Human Resources Required Education: 4 Year Degree To view an online brochure for this position visit: www.cps.ca.gov/search Organization and Professional Development Assistant POSTED: Aug 11 Hourly Rate: 19.05 - 23.03 Location: Minneapolis, Minnesota Employer: Minneapolis School District #1 Type: Full Time - Experienced Category: Human Resources For more info, please contact: Lucy Kapp, 612 668-0501
Organization and Professional Development Generalist POSTED: Aug 11 Salary: 54,468.00 - 67,169.00 Location: Minneapolis, Minnesota Employer: Minneapolis School District #1 Type: Full Time - Experienced Category: Human Resources For more info, please contact: Lucy Kapp, 612 668-0501
Total Compensation Assistant POSTED: Aug 11 Hourly Rate: 19.05 - 23.03 Location: Minneapolis, Minnesota Employer: Minneapolis School District #1 Type: Full Time - Experienced Category: Human Resources For more info, please contact: Ava Nielsen, (612) 668-0541
Associate Vice President, Human Resource Services POSTED: Sep 02 Salary: Open Location: Olympia, Washington Employer: The Evergreen State College Type: Full Time - Experienced Categories: Human Resources, Labor Relations For details on the application requirements and process visit http://www.evergreen.edu/employment/staffjobs.htm
Benefits Analyst POSTED: Aug 11 Salary: 46,766.00 - 57,943.00 Location: Minneapolis, Minnesota Employer: Minneapolis School District #1 Type: Full Time - Experienced Category: Human Resources For more info, please contact: Ava Nielsen, (612) 668-0541 Chief of Staff POSTED: Aug 20 Salary: 88,000.00 - 102,000.00 Location: North Chicago, Illinois Employer: City of North Chicago Type: Full Time - Experienced Category: City/County Management Required Education: Masters Additional information available on website at www.northchicago.org ; click on employment tab. County Administrator POSTED: Sep 03 Salary: Open Location: Barron, Wisconsin Employer: Barron County Type: Full Time - Experienced Category: City/County Management Required Education: 4 Year Degree
Human Resources Consultant POSTED: Aug 11 Salary: 54,468.00 - 67,169.00 Location: Minneapolis, Minnesota Employer: Minneapolis School District #1 Type: Full Time - Experienced Category: Human Resources For more info, please contact: Pat Pratt-Cook or Neil Bowerman at 612-668-0562.
Human Resources Customer Service Specialist POSTED: Aug 11 Hourly Rate: 16.26 - 20.59 Location: Minneapolis, Minnesota Employer: Minneapolis School District #1 Type: Full Time - Experienced Category: Human Resources For more info, please contact: Pat Pratt-Cook or Neil Bowerman at 612-668-0562.
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Career CenterLooking for that perfect fit or want to try something new?
The NPELRA Career Center is the only online job board built especially for public sector labor relations and human resources professionals. Job Seekers - “FREE” resume posting.
Active JobsFind a Job Fill a position Browse Jobs
If the posting has expired on our website and if available -- see
direct contact information above
Membership has advantages. NPELRA is a premier organization of state and regional affiliates with over 3,000 public sector professionals employed by federal, state and local governments, schools and special districts. Day after day, all year long, your membership yields an exceptional “return on investment” that is measured in both tangible and intangible benefits. This return on investment makes membership one of the most cost-effective decisions you can make for yourself and your agency.
Professional Development:Since 1971 NPELRA has been a leader in furthering the professional development of its members. Whatever your educational needs, NPELRA has something for you.
Annual Training Conference – (32% discount). Attend the best training available for Public Sector Labor Relations & Human Resources Professionals with over 25 program sessions; in addition the conference provides credit hours for CLE and HRCI recertification. Interact with colleagues representing public sector labor relations professionals from across the country.
Labor Relations Academy – (26% discount). Complete three Academies and other requirements to earn the certification for CLRP ( Certified Labor Relations Professional).
Supervisory Training – (28% discount). Web based interactive training; 90-minute sessions with nationally recognized speakers. Train one or many for the same price.
Collective Bargaining Training – (29% discount). Full day training session covering the law, union organizing, management rights, scope & duty to bargain, bargaining process and more.
Preferred Provider Member-Only Discount:The collective strength of NPELRA members creates opportunities for you to save through our discount programs with Gallagher Benefit Services, Inc. and LaborSoft.
NPELRA has a new partnership with Gallagher Benefit Services, Inc., a national leading employee benefits firm. Their expertise in employee benefit programs, cooperative purchasing, human resources and retirement services will provide our members with additional tools, resources and discounts as a member of NPELRA. NPELRA Member Benefits and Discounts: Employee benefit related technical publications; Webinars on various benefit programs, human resources and regulatory topics; Development of purchasing cooperatives on health, prescription drugs, life, disability, etc.; 10% reduction on first year consulting fees; Expert speakers for your state’s conferences or meetings; and A GBS dedicated NPELRA members-only phone number and email address. Additional information, click here. LaborSoft will provide NPELRA members a 30% discount on their LaborForce Software. The software provides easy-to-use tools to assist with the management of union personnel and collective bargaining agreement information. Act now to find out what this product can do to help your agency. Contact Jon Heelen at (800) 214-3538 or visit: http://www.laborsoft.com .
Intangible Benefits:Advocacy & Lobbying – NPELRA advocates on its own or in conjunction with other groups positions consistent with the principle of local control of the relationship between public employers and their employees. We believe that local control leads to the most efficient utilization of human resources.
Networking – Membership connects you with over 3,000 colleagues across the United States in public sector labor relations and human resources and can be a valuable tool to your professional career.
Additional Member Discounts:
Arbitrator Bio’s – (37½% discount). NPELRA is ready to assist you by providing critical information about prospective arbitrators including a biographical sketch, educational background, industry experience and case history. It will also provide information on fees and a statistical breakdown on the rulings of the arbitrator with how many decisions favored management and how many favored the union.
Career Center – (60% discount). The Career Center is a powerful resource for job seekers and employers. It was built especially for human resources professionals in the public sector. Whether you are a professional looking for a new challenge or an employer seeking candidates, visit the online career center at www.npelra.org . Job seekers may search the job listings and build an electronic resume for free. The Career Center gives local governments looking to recruit an employee an easy way to post an advertisement, which will also be included in the NPELRA monthly e-newsletter.
Publications and Educational Resources:
Connections – The outstanding monthly e-newsletter, your connection to national and regional developments.
Resource Library – Free access to an extensive collection of documents that cover a full range of operating policies and practices. Sample documents, agreements, forms, employee benefits, and policy manuals.
Publications (books) – (up to 35% discount)
Supplement your education by using outstanding printed resources, such as, Smarter Bargaining I & II, Maintaining Public Services – The NPELRA Strike Manual or Winning Arbitration. These guidebooks and manuals will help you manage your day-to-day operations.
Website - Member-Only Access:
Archived newsletters.
Contract Language Database.
Legislative & Legal Issues – Access to up-to-date legislative and legal issues.
Membership Directory – Online membership directory gives you access to over 3,000 colleagues contact information across the country.
Speakers Bureau.
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NPELRA Member Benefits
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NPELRA ContactsPresident Teresa Rotschafer (515) 727-7783 [email protected]
Executive Vice President Robin Hall (425) 670-5081 [email protected]
Vice PresidentJanet J. Campbell (614) 645-6374 [email protected]
NPELRA Officers
Michael S. Bates (918) 639-0779 [email protected] Laura Joy Campbell 513-887-3595 [email protected] Kuhl (509) 585-4533 [email protected] Parrish (972) 547-7502 [email protected]
Board of Directors
Annual Training Conference Committee Sam Penrod, CA, Committee [email protected]
Awards CommitteeJoel Kuhl, WA, Committee Chair [email protected]
Executive CommitteeTeresa Rotschafer, IA, Committee Chair [email protected]
FoundationJan Campbell, OH, Committee Chair [email protected]
Labor Relations Academy Program CommitteeTrude Elliott, IA, Committee Chair [email protected]
Committee Chairs
NPELRA Staff
Vice President Sam Penrod (949) 361-8313 [email protected]
Secretary-TreasurerChrista Ballowe (847) 933-8212 [email protected]
Immediate Past PresidentJames Richter (262) [email protected]
Walt Pellegrini (518) 474-4090 [email protected]
Sean M. Robinson (619) 450-5196 [email protected]
NPELRA General CounselJill Leka, [email protected]
Legislative Committee/Legal AdvocacyMike Bates, OK, Committee Chair [email protected]
Membership Committee/New AffiliationsWalt Pellegrini, NY, Committee Chair [email protected]
NPELRA Board Nominations CommitteeJim Richter, WI, Committee Chair [email protected] Preferred Provider AgreementJim Richter, WI, Committee Chair [email protected]
Publications/Speakers CommitteeJim Parrish, TX, Committee Chair [email protected]
Sponsorship Committee Sam Penrod, CA, Committee Chair [email protected]
Training Committee Jim Richter, WI, Committee Chair [email protected]
Website & Technology Committee Robin Hall, WA, Committee Chair [email protected]
NPELRA Mission StatementThe National Public Employer Labor Relations Association provides
Professional Development, Networking, and Advocacy Services to Labor Relations & Human Resources professionals, so that public sector employers may deliver the most
efficient and effective services to citizens & taxpayers.
Executive Director Mike Kolb760•433•[email protected]
Office ManagerSandy Kostelny760•433•[email protected]
Membership CoordinatorAndréa Adler-Garcia760•433•[email protected]
Administrative SpecialistYvonne [email protected]
