ERB 'throws the book' at Josephine County

PRIVATIZATION IN RETALIATION BREAKS LABOR LAW!, 04.11.2007 17:07

! ! ! HUGE VICTORY FOR WORKING PEOPLE IN SOUTHERN OREGON ! ! !
AFSCME LOCAL #3694 STANDS UP FOR WORKERS IN JOSEPHINE COUNTY GOVERNMENT

Daniel Burdis talks about this union victory on the Brain Labor Report November 6, 2007...
Listen LIVE 7am @  http://www.kskq.org
Listen ANYTIME in the Brain Labor Report Archive @  http://www.kskq.org/blr

In a precedent-setting decision that will have repercussions statewide, the Oregon Employment Relations Board (ERB) — citing what it termed "egregious violations" of state law — has ordered Josephine County to reinstate with full back pay and benefits over 100 former county employees who saw their jobs contracted out to private providers in 2006.

The ERB ruled that Josephine County management officials released the employees from county employment in direct retaliation for a four-day strike in January 2006 by AFSCME Local 3694. The employees contracted out worked in county mental health services, and the majority of Local 3694's union leaders and activists were part of that department.

GO HERE TO READ THE OFFICIAL RULING FROM OREGON'S EMPLOYMENT RELATIONS BOARD
 http://www.puc.state.or.us/ERB/orders/up02606.pdf

In a precedent-setting decision that will have repercussions statewide, the Oregon Employment Relations Board (ERB) — citing what it termed "egregious violations" of state law — has ordered Josephine County to reinstate with full back pay and benefits over 100 former county employees who saw their jobs contracted out to private providers in 2006.

The ERB ruled that Josephine County management officials released the employees from county employment in direct retaliation for a four-day strike in January 2006 by AFSCME Local 3694. The employees contracted out worked in county mental health services, and the majority of Local 3694's union leaders and activists were part of that department.

"The right to strike without fear of reprisal or retaliation is at the core of Oregon's labor law for public employees," said Oregon AFSCME staff representative Daniel Burdis, who was the local's interim President and Bargaining Committee Chair at the time of the strike. "Josephine County management blatantly disregarded the law, and they got caught with their hands in the cookie jar. This isn't the first time this has ever happened, but this time we were able to prove it."

ERB found that, after the strike ended with a mediated settlement, the county moved forward on plans to contract out mental health employees as a direct result of the strike. This strategy was confirmed by two Josephine County officials. In February 2006, Josephine County Human Resources Officer Kent Granat told Burdis, who was a county mental health services worker before accepting a Council staff position, that the county commissioners would not have moved to privatize the mental health services if not for the strike. County Mental Health Director Joe Adair repeated that admission in April 2006 to Mike Thor, who was at the time chairing the Local 3694 privatization bargaining team.

The ERB decision cited Granat's and Adair's direct admissions in its decision, as well as other circumstantial evidence. For example, despite being in a budget crunch due to the loss of O & C timber revenue, the county moved ahead with the contracting out knowing that doing so would cost the county over $469,000 in revenue from the state. The ERB noted that loss of revenue was the reason the county considered, but rejected, privatizing mental health services in 1998 and again in 2003.

The ERB order gives AFSCME and the county 30 days to negotiate a settlement to the situation. Otherwise, the county is ordered to:

* Reinstate the employees to the positions they held prior to the contracting out. They must also pay those employees for any wages, insurance benefits and retirement benefits that they would have received by working for the county, plus 9 percent interest.

* Reimburse AFSCME for all lost dues that the union would have collected from those employees. The order also specifically restricts the county from seeking reimbursement of those dues from any former, present or future AFSCME bargaining unit members.

* Pay AFSCME a $1,000 civil penalty, the highest allowed by current law. Such civil penalties are rarely imposed by the ERB.

Labor attorney Barbara Diamond of Portland represented AFSCME at the ERB proceedings. Diamond termed the ERB order "one of the biggest victories of my career," and said the decision will have an impact far outside of Josephine County.

"This is a 'home run' decision that clearly emphasizes and protects public employees' right to strike in Oregon," said Diamond. "It's a victory for all unionized workers in the state. The ERB threw the book at Josephine County, and in doing so clearly warned other employers not to ignore the state's collective bargaining laws."

Burdis said AFSCME is anxious to sit down with the county "and see what we can work out, but with the force of the ERB order on our side." The county has 14 days to appeal the verdict.

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good to see justice 05.11.2007 - 18:08 Good to see there are still a few uncorrupt administrators in the world, where are all the good ol' boys on this one? C'mon, union busters, where's the commentary? Cat got your tongue? Cest le guerre... L. I. Vingwage>