Vol. 12 No. 3 View the Table of Contents Winter 97/98
Letter From The President

It's time to share in the boom

President Chris DugovichWhile the economies of the country and of Washington state continue to boom, the question becomes whether or not local government employees will receive their fair share.

Particularly in the Puget Sound region, Boeing’s record orders, the company’s job creation and the resulting boom in the housing industry have brought, and are bringing, significant unexpected increased revenues to the employers of our members. Even while this occurs—and it’s really difficult to hide—the old, "We’re broke" lines continue across bargaining tables in Council 2 jurisdictions.

The question really is open as to whether local governments in the Puget Sound region will come across at the bargaining table and attempt to make up for some of the ground that was lost during the slower economic times since the last upswing in 1990–91.

To be accurate, the demands on local government dollars are certainly substantial. The criminal justice system continues to eat up county budgets as our state legislators pass increased criminal penalties that call for a larger burden on our courts and correctional facilities, but do not provide funding.

As a matter of fact, previous state tax packages have decreased revenue sources to local government. These have included a boom to Boeing of excluding new equipment purchases from sales tax. That one move cost the cities of Kent, Everett and Renton a significant revenue source. Legislators need to know a cut at the state level not only affects the state budget, but those of counties and cities as well. Counties and cities are relegated to watching a state legislature pass laws with very little input.

Aside from this continuing problem, local government budgets and revenue flows never have been healthier, especially in the Puget Sound region, since 1992. It’s now time for the elected County Councils, City Councils, Mayors and other elected officials to come across at the bargaining table with some reasonable increases.

Our message to your employers is that Council 2 members have created the efficiencies and provided the services that make local government work. Take care of them first and your return will be easily measured. Put this before your pet projects and together we’ll work to ensure that Olympia does not unknowingly give away the farm and create the next crisis.

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News In Brief
Payne elected to board

Paula Payne of Post Falls, Idaho has been elected a member of Council 2’s executive board.

An employee of the City of Coeur d’Alene and president of Local 433, Payne represents Council 2’s members in Idaho.

payne.jpg (7237 bytes)The new position representing Idaho on the executive board was created at the biannual convention held in Spokane in June. Members in Idaho face special issues and need to be represented on the state board so the issues can be addressed.

AFSCME convented slated for Hawaii

The afscme international convention will be held in Honolulu, Hawaii, from Aug. 24 to 28, 1998.

Delegate credentials will be mailed to locals about June 1 next year. The hotel at which the convention will be held and other details will be made available later.

Legislative weekend to be held in January

Council 2’s annual Legislative Weekend

will be held Jan. 29 to 31 at the Olympia Holiday Inn Select.

The weekend helps introduce attendees to the workings of the state political process. Union members will be able to speak personally with legislators.

Meetings of the Legislative Committee and the State Executive Board will be held Jan. 31.

Endorsed candidates are big winners
The Nov. 4 elections were an outstanding success for candidates endorsed by Council 2.

The union was involved in endorsing candidates in some 60 races. In those races, nearly 80 percent of the candidates we supported were the winners.

Among the victories:

  • Ron Sims easily defeated his opponent for King County executive.
  • Paul Schell won the race to be Seattle’s next mayor.
  • In Bellingham, all four endorsed candidates for City Council were successful.
  • In Snohomish County, all three endorsed candidates were elected. These victories were particularly important since Council 2 will be entering contract negotiations with the county later this year.
  • In the City of Goldendale all six candidates supported by Council 2 were voted into office. There, the members of Local 1533G, led by the local president Dave Hill, took an active role in endorsing the six successful candidates.

This was the first time the local was involved in endorsing candidates. The reason for the involvement was that a private consultant hired by the city has dragged out negotiations with the union.

  • City of Kirkland employees endorsed candidates in two races and were successful in both.

The victories in Goldendale and Kirkland are outstanding examples of what can be achieved when locals play an active role in the political decision making process, says Pat Thompson, Director of Legislation / Political Action for Council 2.

Both locals took part in the process for the first time.

"They interviewed candidates and then actively supported the candidates by providing volunteers to assist them," Thompson says.

"It’s real important not only to endorse a candidate, but to follow that up with providing volunteers for the campaign.

"Just a few hours of your time on a Saturday will pay big dividends."

In the few setbacks during the elections, Council 2 was disappointed by a major loss in the mayoral election in Spokane. The incumbent Jack Geraghty appears to have been defeated in a close race by John Talbott. With some of the absentee ballots still to be counted a week after the election, Talbott had collected about 50.3 percent of the vote.

Talbott’s lead was believed to be enough to withstand any plausible turnaround in the remaining absentee ballots.

In the voting for a number of initiatives, Council 2 was disappointed to see that Initiative 677 was rejected, Thompson says.

This initiative sought to bar employment discrimination based on sexual orientation.

Also on the November ballot was Referendum Bill 47, which reduces state property taxes and changes the way property valuation increases are applied.

"Although it was no surprise that Referendum 47 passed, we still wish it had not," says Thompson.

The referendum lowers the amount of property taxes that local governments can assess from the current maximum level of 106 percent. The increases will be limited to 6 percent or about the rate of inflation, whichever is lower. This year the implicit price deflator — based on the inflation rate — will mean that taxes will be assessed at the level of 101.9 percent.

This is unwelcome news for Council 2 members as it reduces the amount that is available for spending by local governments.

The limit cuts the increases to the inflation rate, but often local government costs are higher than the rate of inflation, Thompson explains.

"Increases in the population or to maintain and upgrade the infrastructure often cost a lot more than the inflation rate," he says. "Additional social services that our members provide also go beyond inflation. Limiting the increases to the inflation rate therefore doesn’t take care of the needs of the citizens."

But local governments still can exceed the 101.9 percent threshold, Thompson explains. The referendum has a built-in a safety valve that allows local governments to increase taxes above the inflation rate by a majority-plus-one vote of the council.

"This is the one way that local governments can assess 106 percent," Thompson says. "They can do so by a vote of the majority plus one.

"Let’s not allow our endorsed candidates to tell us they are unable to do this.

"They can meet the costs of services provided by voting for an increase above 101.9 percent. They just need the courage to do so."

Thompson adds that local governments cannot expect to go to Olympia to ask the Legislature for funds in local government services if they have not used all the resources for funding that they have available to them. 

First ever Northwest Regional Conference
When Council 2 president and executive director Chris Dugovich was elected an international vice president of afscme last year, he said that one of his main aims was to encourage closer ties and to improve communications throughout the Pacific Northwest region.

Dugovich represents Washington, Alaska, Oregon, Montana, Idaho and Wyoming on the afscme board.

A major part of implementing that vision was taken Sept. 12 and 13 when the first-ever Northwest Regional Conference was held in Wenatchee. About 150 delegates from Washington, Oregon and Alaska met to exchange issues and views on a variety of topics.

"I believe it is important that the leaders in the region get together at least once a year to examine issues and exchange ideas from the various areas in the region," Dugovich said.

Workshops were held during the conference. On Sept. 13 delegates heard talks on three major issues. Jon Rosen, an attorney with Frank and Rosen spoke on discrimination; Council 2 General Counsel Audrey Eide spoke on The Seven Tests of Just Cause Discipline; and afscme Political Action Director Larry Scanlon provided a political legislative overview of the national scene.

scanlon.jpg (5996 bytes)  eide.jpg (6632 bytes)  rosen.jpg (4771 bytes)
Larry Scanlon     Audrey Eide      Jon Rosen

The conference also provided an opportunity for the correctional officers from across the region to meet and discuss a variety of issues relating to the facilities in which Council 2 has members. They held their Correctional Advisory Committee meeting on the afternoon of Sept. 12.

A majority of afscme locals in the region sent members to the conference.

Now plans are being made to hold the conference annually. The next meeting is slated for somewhere in the Portland area next year. The response to this year’s conference was so great that the organizers are looking for an even larger crowd next year.

Training session held in Snohomish
A first-of-its-sort training session on sexual harassment was held for all Snohomish County workers in September.

The training session, held in Everett, was set up through a partnership between Council 2 and Snohomish County.

Some 2,100 workers attended the training session, which was mandatory for all employees of Snohomish County. About 1,400 of the workers are members of Council 2.

The session was a result of discussions between Council 2 President and Executive Director Chris Dugovich and Snohomish County Executive Bob Drewel.

Drewel said the training was not a response to any problems.

"It’s very costly and time consuming to address these concerns," Drewel told The Everett Herald. "It’s better to understand how to do it right, instead of using all your resources trying to understand what’s wrong."

Dugovich said the union strongly supports the training. "It’s making sure people have a good workplace," he said.

He said he hoped the training will bring a new awareness on everyone’s behalf that this is not acceptable behavior in the workplace or anywhere else. He emphasized that Council 2 has an extremely strong non-discrimination policy (see extracts below).

"We are encouraging locals and employers to conduct similar training sessions across the state," Dugovich added. 

Scholarships are named for 1998

Council 2’s executive board has approved the names for the Council’s 1998 scholarships. The new names follow a board decision last year that scholarship awards should be named in honor of, or in the memory of, a member or close family member of Council 2 locals who have died, fought a serious illness or achieved something extraordinary. The names change annually.

The scholarships will be available mid-January. Members should apply through their local presidents or through Council 2 area office. To be considered, the applications must be postmarked by March 15 and sent to headquarters office. Awards will be determined in early May.

Details of the scholarship names approved by the executive board are below.


The Summer School for Union Women Full Scholarship will be named in memory of Barbara Grace.grace.jpg (4473 bytes)

Until shortly before her recent death, she was vice-president of local 3845. She took part in the local’s last contract negotiations and served as an advocate in disciplinary actions, Rich Needham, president of Local 3845, writes.

"Barbara resigned her position earlier this year when it became evident that she was losing her battle with cancer," he wrote in a letter submitting the name for consideration for the award.

"Barbara had been on extended sick leave thanks to donations by members and non-members alike, which owing to her popularity included management, Fire and Police.

"While recovering from her latest surgery (of which there were several), she was told that the cancer had metastasized and there was no hope for remission."


The $500 Continuing Education Scholarships will be named in memory of Gerald Ostby and Deputy John Bananola.ostby.jpg (4270 bytes)

Ostby died in February this year following a lengthy bout with cancer, writes Tom Barrington, president of Local 1135.

He was a graduate of Washington State University and was a life-long union member. Many of those years were with Kaiser Aluminum and the last 13 were with Local 1135, Barrington says.

Education, especially that of today’s youth, always was important to him, he adds.

"Gerald’s area of expertise was with the safe use of herbicides and pesticides in affiliation with Spokane County’s Noxious Weed Program,’’ Barrington says. "He attended many classes and seminars and was always seeking ways to be more proficient in applying chemicals.

"He was continually sharing his knowledge to help educate his co-workers."

Deputy Bananola was a member of Local 120-CD before moving to the streets as a deputy.

Two years ago Bananola was shot and killed while serving a search warrant on a suspected drug dealer’s home.

"John was a very well respected member of our community," writes Jim Houser, president of Local 120-CD.

"Everyone who knew John had nothing but good things to say about him, from officers who worked with him, to his friends and, yes, even to the crooks John arrested.

"John always had a ready smile, a good thing to say, and a light in his eyes that made you automatically feel good.

"John is dearly missed by those who knew him or knew of him."


The $1,000 Scholarship has been named in memory of Shirley Price.price.jpg (2748 bytes)

Price was a school bus driver for 17 years, from 1971 through 1987. She was a founding member of Local 21-I and was its first secretary-treasurer, writes union president Gayle J. Morgan. She continued to serve as secretary-treasurer until her forced retirement, due to illness in 1987.

"Shirley attended all union meetings, taking minutes and participating as an active Union member," Morgan writes.

"She attended conventions and was always willing to ‘lend a hand’ whenever and wherever needed. She helped new drivers and always had a willing ear.

"Shirley collapsed at work in 1987 and it took them six months to determine that she had a brain tumor.

"She died of complications of her brain tumor surgery in 1988. Shirley is still remembered by drivers. Her daughter began driving school buses for us in 1987 and is still a very active member of our Union." 

AFSCME to award 15 scholarships

Afscme will award 15 scholarships to the Presidential Classroom for Young Americans program in 1998.

Since 1968, the program has introduced high school students to Washington D.C. and the inner workings of the nation’s political system.

Fifteen children of afscme members will participate in a Special-Focus Week on Business, Labor and Public Policy March 7-14, 1998. The program includes seeing Congress in action, seminars on the workings of government conducted by some of the nation’s most influential leaders, discussion and debate sessions on current issues, and visits to Washington’s monuments, museums and memorials.

The scholarship covers the cost of transportation, tuition, room and board, and materials.

To qualify, students must be a high school junior or senior, have a grade point average of at least 3.0, be involved with school or community activities and be a child of an afscme member.

Applications, with proof of the parent’s membership in afscme, should be send to afscme Education Department, 1625 L Street, N.W., Washington D.C. 20036-5687 and postmarked no later than Jan. 16, 1998. 

Appraisers to get $50,000 back pay
Five Spokane County appraisers could jointly receive as much as $50,000 in back pay following a ruling by an arbitrator.

The arbitrator, Howell L. Lankford, ruled that Spokane County violated the contract with Local 1553. He found that the appraisers were working at the level of Appraiser 3, but were being paid at the level of Appraiser 2.

The back pay to which they are entitled extends back nearly three years.

Lankford also ruled that Spokane County must pay the entire fees and costs of the hearing.

The hearing followed a series of grievances filed over an extended period of time by Council 2 on behalf of the appraisers.

Audrey Eide, general counsel for Council 2, argued that the county had breached a settlement agreement reached between the parties in January, 1995. The county disagreed.

At the end of the two-day hearing, Lankford found that Spokane County uses an approach to classification and wage scales known as the Task Evaluation and Analysis Method (or team). In terms of that approach, wages and classifications are based on what you do—not on what you are currently classified as.

Lankford ruled that the appraisers are entitled to back pay from Feb. 1, 1993, until the Appraiser 2s were finally reclassified late last year.

oneill2.jpg (4018 bytes)Michaelanne O’Neill, union member and steward, was instrumental in supporting the team evaluation requested by the appraiser 2s following the implementation of the team system. Her record keeping and testimony on the review requests and grievances were critical to the success of this case at arbitration.

Employee's suspension is removed
A three-day suspension issued against an employee by Spokane County has been removed by an arbitrator.

The arbitrator, Thomas F. Levak, also ordered that the County should pay the employee, Kathy Blakesley, for the pay and benefits she lost because of the suspension. At the time, Blakesley was employed by the County’s Road Department as a District 3 Road Specialist.

Blakesley was suspended after the loader that she was driving on Interstate 90 on March 26, 1996, was rear-ended by a semi-tractor trailer. Blakesley was following instructions to move the loader from one pit to another.

After Blakesley had been suspended, a grievance was filed by Council 2. An arbitration hearing was held earlier this year in Spokane.

Council 2 General Counsel Audrey Eide argued at the hearing that Blakesley was driving pursuant to recognized policy and within the law. She did not cause the accident and the County failed to conduct a fair investigation, Eide said.

Levak agreed, finding that the County had failed to establish that the suspension was issued for just cause.

In his finding, Levak also included instructions to the County for setting policies and training. The Local has been requesting such policies for years.

"In this case, the evidence clearly established that the Grievant never received adequate training or instruction, either in the operation of the loader or on how to deadhead it," Levak said.

"When the County allowed her to ‘train herself,’ it substantially waived its right to complain about the decisions she made." 

Officials acted wrongly, arbitrator rules
An arbitrator has ruled that Grays Harbor County officials acted wrongly when they failed to appoint Charles Cooper as Assistant Area Supervisor in the Copalis area of the county.

The ruling was made by Arbitrator Gary L. Axon following a hearing in late October. The hearing followed a grievance filed by Council 2 against the County’s actions.

Axon agreed with the argument presented by Council 2’s General Counsel Audrey Eide. He found that the County violated an article of the bargaining agreement between the County and Local 275.

The agreement states that when vacancies occur the job should be given to the next most senior qualified person for a 30-day probationary period.

The evidence showed that Cooper, who has worked for the county for 17 years, was next in line in terms of seniority to be promoted to the position, the arbitrator found. Cooper was more senior than the Equipment Operator from the Elma area, who was appointed to the position, Axon said.

He ordered the County to place Cooper in the position for a probationary period of 30 days.

If Cooper successfully completes the probationary period, Axon ruled, the county is ordered to make up to him all the wages and benefits he lost as a result of not being selected when the job was initially awarded. 

Perc rules commissioner committed unfair labor practice
The Public Employment Relations
Commission has ruled that a Benton County commissioner committed an unfair labor practice by negotiating directly with bargaining unit employees.

The commission found that Max E. Benitz Jr. committed an interference violation under the collective bargaining law. The commission ordered Benton County officials to stop bargaining directly with union members or to interfere with or restrain them in any way. The ruling followed the filing of a complaint to the commission by Council 2.

The Hearing Examiner was told that Benitz made his comments in October 1995 to union members following negotiations between Benton County officials and Local 874-HC.

During the bargaining, according to evidence placed before the commission, the County told the union representatives that they could not afford to pay wage increases for the 1995-97 period.

After mediation, an agreement eventually was reached that the 105 union members would receive no wage increases in 1995, but improved medical and other benefits. Wage adjustments based on the Consumer Price Index were agreed on for 1996 and 1997.

But, within two weeks after the County and the Union signed the agreement, the County paid unrepresented employees a 3 percent wage increase for 1995 and said they would receive an additional 3 percent increase in 1996, the Hearing Examiner was told. The three elected commissioners granted themselves a 5 percent wage raise.

Angry bargaining unit employees pointed out that the County had said no money was available for increases. To some, the increases paid to unrepresented employees appeared to be an attempt to undermine the union.

In an impromptu conversation with a small group of bargaining unit members, County Commissioner Benitz made comments that were seen by the employees as denigrating the union, the commission said in its ruling.

The commission said Benitz’s comments were: "That they had been lied to about the money available; That more money would have been available if the union’s bargainers had pushed harder; That the union’s negotiating team misrepresented the employer’s position; That the union’s team had not aggressively pursued a fair settlement, and/or that the employer had not bargained in good faith."

As a result, Council 2 filed an action with the Public Employment Relations Commission accusing the County of unfair labor practices. Council 2’s General Counsel Audrey Eide contended that the County’s action constituted discrimination against the union.

In its ruling, the commission found the County committed an unfair labor practice in violation of a state collective bargaining law.

Kitsap County strike is averted less than hour before deadline
A strike by 244 members of Local 1308 in Kitsap County was narrowly averted in early November.

Tentative agreement on a three-year contract was reached less than an hour before a strike vote was to be taken. All indications were that most of the employees were ready to vote in favor of a strike.

If a strike had taken place it likely would have disrupted the Nov. 4 elections in Kitsap County as it would have taken place a day before the elections. And the union represents nearly all the county election staff.

County commissioners increased their wage offer minutes before the union met at the Givens Community Center to vote on the strike issue.

Union members took fewer than 20 minutes to tentatively accept the offer.

"I think the county made its move because us going out would have caused a great deal of disruption," said Gloria Masters, a court clerk and Local 1308 president.

The local represents workers in the Auditor’s office as well as court clerks and employees working for the assessor, in cooperative extension, maintenance, purchasing, administrative services, prosecuting attorney, treasurer, wastewater, information services, coroner, central communications and geographic information systems.

The agreement was for a straight 9 percent wage increase over three years. The previous wage offer was tied to a percentage of the Seattle Consumer Price Index.

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Members of Local 1308 hold an informational picket outside the Kitsap County Courthouse at 7:15 a.m. to greet workers on their way to the office.

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Workers brave the rain to make their point.

Proposal aims to help some workers share in unexpected gains

Some pers members may be able to share in unexpected gains in investment money in terms of a proposal being discussed by a special committee on which Council 2 is represented.

The discussions are being held with the leadership of the Joint Committee on Pension Policy and center around the pers iii proposal that Council 2 previously has opposed.

Right now any gains in the investments that are not anticipated go to the general fund. Members do not benefit from them. The proposed change would distribute those excess gains among pers iii members, if the plan is passed.

But, even if the gain sharing is implemented, the benefits will not help those pers ii members who are several years into the system, explains Pat Thompson, Director of Legislation/Political Action for Council 2. Thompson serves on the special pensions committee.

"They would still have to work until they are 65 to gain any real retirement benefit, and what’s worse is that it’s their money that created the excess earnings and they’re not sharing in it," he says.

"So any support for the new system is far from certain."

The next round of discussions is slated to be held at the January legislative board meeting.

Raffle winners

The first ever p.e.o.p.l.e. raffle raised more than $1,500. At a drawing held at the Northwest Regional Conference in Wenatchee on Sept. 13, the first prize winner of $500 was Patricia Molloy, with Rich Needham, local president, who sold her the winning ticket. Both are from Local 3845, the City of Bothell. Second prize winner was Manuel Martinez, who won $250. He is seen here with Dea Drake, State Executive Board Member, who sold him the winning ticket. Both are from Local 2617, the City of Kent.

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martinez.jpg (11646 bytes)

Fifty members added

Fifty new members have been added to the ranks of Council 2 in recent weeks.

On Sept. 11, the union was certified to represent 11 supervisors who work in the Departments of Roads, Fleet Maintenance and Solid Waste for Snohomish County.

On Sept. 29, a majority of the 39 employees at the Northshore Utility District in Seattle voted to be represented by Council 2. The unit represents all full-time and regular part-time non-supervisory employees of the district.

From Council's 2 Non-Discrimination Policy

‘This Union will not tolerate or condone discrimination in the workplace or among its members.

The Union will fully and fairly investigate any complaints of discrimination made by bargaining unit employees who request representation. If that investigation reveals that there is merit in the complaints, the Union will represent and advocate for those bargaining unit employees.’

 

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