OREGON AFSCME

e-lert #22  ¥  June 15, 2009

Edited by Don Loving, Council 75 Public Affairs Director

 

Labor has a big win on SB 519, with one big vote left to go ... there's a push to delay parts of Ballot Measure 57 ... the omnibus elections reform bill looks done ... the beer tax may not be dead yet ... and we have a new staff rep in Bend.

 

And more, as always ... hey, we may be a day late, but we're never a dollar short ... it's the e-lert, starting now ...

 

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TAKE NO CAPTIVES — Last week was a big week for union organizing rights, as both the full Senate and then a House committee passed SB 519, the Worker Freedom Act. The measure would allow employees to opt out of "captive audience meetings" with employers if those meetings were about religion, politics or union organizing. The bill was a top priority this session for AFSCME, the Oregon AFL-CIO and other unions.

 

The bill first passed the Senate on June 8, despite efforts from Republican leaders to stall the vote and drag out the floor debate for almost two hours. The bill ultimately passed the Senate 16-14. Two Democrats, Sen. Ginny Burdick (D-Portland) and Sen. Betsy Johnson (D-Scappoose) joined the 14 Republican senators in voting "No."

 

Debate moved to the House Rules Committee on June 11. Appearing with Sen. Diane Rosenbaum (D-Portland) to give lead testimony favoring SB 519 in the House were Oregon AFSCME Executive Director Ken Allen and Council 75 Organizer Hilary Mortensen. A panel that included Oregon AFL-CIO President Tom Chamberlain followed. Several business representatives testified that the bill would prohibit them from speaking their mind about certain issues, a topic that had been previously addressed by both Rosenbaum and Chamberlain. They noted opposition concerns about "free speech rights" were unwarranted because the bill does not impair anyone's right to say whatever they want.

 

"Rather," said Chamberlain, "it simply allows employees the option of not having to listen to employers on issues that are not work-related, such as religion and politics. Employers can still talk about those issues if they want to, but under SB 519, employees would have the option of staying to listen or not without the threat of discipline or termination. That's what this is really about."

 

There may not be an industry more notorious for threatening employees in mandatory meetings than the hospital industry. Interestingly, representatives and lobbyists for several hospital entities, including Providence and Portland's Adventist Hospital, testified against the bill. They centered their remarks on allegations that the bill would prevent them, as faith-based organizations, from speaking to employees about the nature of their institutions. But again, that argument had already been countered by Rosenbaum, who noted that SB 519 contains a specific exemption for faith-based entities that allows them to hold those kinds of conversations.

 

House Rules Committee Chair Rep. Arnie Roblan (D-Coos Bay) closed the public hearing on the bill June 11 but opened a work session Friday (June 12). The bill passed the committee on a strict party line vote and should hit the House floor later this week. The House passed a similar bill in 2007, but that version failed in the Senate.

 

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STALLING MEASURE 57 — Oregon AFSCME is supporting a late bill, HB 2335, that would delay implementation of portions of Ballot Measure 57, which passed last fall. Measure 57 creates new mandatory sentences for certain classifications of property crimes and identity theft.

 

Measure 57 was a statutory measure, meaning it can be modified by the Legislature. (As opposed to a constitutional measure, which would require a vote of the public.) However, written into Measure 57 was a provision that it could be modified only with a two-thirds super-majority of the Legislature, which translates to 40 votes in the House. Interpreted into 2009 session reality, where Democrats hold a 36-24 advantage, that proviso means nothing can happen without at least four Republican votes. That's an issue currently, as we'll get to soon.

 

The compromises in HB 2335 would phase in Measure 57's implementation over the course of the next biennium, rather than have it take effect all at once on July 1 as written. Drug trafficking crimes would be prosecuted under Measure 57 immediately, but phasing in the other components of the measure would save $60 million for other public safety programs.

 

"For example, when voters passed Measure 57 as an alternative to Measure 61, they did so in part because Measure 57 included treatment funding," said Oregon AFSCME Political Coordinator Mary Botkin. "But the state just doesn't have the funds right now for the treatment called for in Measure 57, and both should logically be implemented together."

 

HB 2335 also includes provisions for non-violent offenders to slightly increase their "earned time" accruals, which would lead to an earlier release date for some. The increase in earned time would sunset in four years so that Corrections officials could study its impact on recidivism rates. This portion of the bill would save another $8 million.

 

The purpose of delaying Measure 57's full implementation is to save further cuts to other areas of public safety, including community corrections, the Oregon Youth Authority, the Judicial Department and the Oregon State Police. Oregon AFSCME Local 892 represents non-sworn employees at OSP, so those potential cuts are a specific concern to the union. The proposed OYA cuts would not impact the portions of that agency represented by AFSCME Local 191.

 

Botkin is trying to help find the needed four GOP votes. If you enjoy good old-fashioned political insider intrigue, it's happening now over this bill.

 

"The Republicans are in a 'what's in it for us?' mode," said Botkin. "Because of the super-majority clause in the measure, this is one instance where the D's can't just run over them with their 36 votes. And frankly, it's a tough sell because we are so late into the session now that there isn't a lot of issue-swapping left to do. The GOP House caucus is trying hard to keep its 24 members in line on this; we and others are trying to peel at least four of them away. This could very well go down to the last days of the session."

 

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NOT A DONE DEAL — After a session-long fight over the issue of pulling Department of Corrections training away from the Department of Public Safety Standards and Training, AFSCME has been in the midst of negotiations that would forge a compromise on the issue that the union believes could lead to better training for our Corrections members. We had hoped to report on that "deal" in this e-lert, but as of this (Monday) morning, everything is still somewhat in a state of flux. We should have more news soon.

 

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WAITING FOR TED'S AUTOGRAPH — The Senate today (June 15) voted to approve updates and improvements to 2007's Initiative Reform and Modernization Act (IRMA). As we've reported in several previous editions of the e-lert, HB 2005 expands on the restructuring implemented in 2007 by clarifying requirements and standards for paid signature gathering.

 

"The initiative system has become a key piece of Oregon's history and identity over the last hundred years," said Burdick, who carried the bill on the floor. "Oregonians value the initiative process, yet it is obvious that the system has been abused in recent decades. These reforms will help preserve the integrity that Oregonians expect in the initiative system."

 

Specifically, HB 2005 gives the Secretary of State better tools to prevent forgery and fraudulent activity by:

 

á       Requiring comprehensive background checks of paid signature gatherers;

 

á       Allowing concurrent civil and criminal enforcement of election violations; and

 

á       Making chief petitioners liable when they "should have known" that a circulator has broken the law.

 

"Those who abuse the system need to know that there are repercussions," said Senate Majority Leader Richard Devlin (D-Tualatin). "The initiative was created as a tool for the people of Oregon, not as a for-profit venture for bad actors who abuse the system. HB 2005 will help ensure that the intent of the system is respected."

 

Council 75 Political Coordinator Joe Baessler has been pushing HB 2005 for AFSCME all session long and is pleased with the final result. He praised Burdick for her role in carrying the bill on the Senate floor.

 

The bill, previously passed in the House, will now go to Gov. Ted Kulongoski for his approval.

 

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BEER TAX RESURRECTED? — Oregon AFSCME Political Coordinator Ralph Groener, who monitors all revenue-related issues for the Council, reports that there is a late charge in the capitol to pass a beer tax increase, an issue left for dead earlier in the session.

 

Oregon's beer tax has not been increased for 30-some years, a testament to the brewing lobby's considerable clout in Salem. The latest plan, again pushed by state Rep. Ben Cannon (D-Portland), is a scaled down version of earlier proposals that actually pretty much mirrors an idea bandied about in the 2007 session.

 

The current plan would increase the state beer tax differently on the "big boys" as opposed to the "little guys." It's a complicated barrel formula, but it breaks down like this: the large out-of-state brewery conglomerates — think Anheuser-Busch, Miller and Heineken — would see their suds jump 7 cents per 12-ounce serving, while in-state microbrewers would only see an increase of 1.5 cents for that same serving size. As the bill is written, all in-state brewers — from the Widmer Brothers on down — qualify as "small microbrewers."

 

"This kind of distinction has been used in other states to help pass similar increases," notes Groener. "The measure would raise about $85 million, to be split evenly between the Oregon State Police and statewide drug and alcohol programs.

 

"It's kind of late in the game for this, but we're keeping an eye on it."

 

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PROPOSED 'PECBA' CHANGES — After five-plus months of discussions, proposals, amendments and much general angst, HB 2831 is headed soon to the House floor. This is an omnibus bill that makes several changes to PECBA, Oregon's Public Employee Collective Bargaining Act.

 

PECBA first passed the Legislature in 1973. Kulongoski, then a young state rep from Eugene, was its chief author. Groener, then a young state rep from Oregon City, was one of its primary supporters. In 1995, that session's SB 750 weakened many of PECBA's underpinnings. Proponents of HB 2831, including AFSCME, argue that this year's measure does not represent sweeping reforms of PECBA but merely realigns the law to create a balanced playing field for management and workers.

 

While HB 2831 encompass a fairly long list of changes, Botkin says there are two components in the bill our union particularly supports:

 

á       Supervisory language — The bill would revert to pre-SB 750 on this issue. Prior to SB 750, over 22 years of collective bargaining the state Employment Relations Board (ERB) created significant case law regarding who was a supervisor and who was not a supervisor and could be included in the bargaining unit. "HB 2831 is the same language that worked for public employees and managers from 1973 to 1995," says Botkin. "It ensures that 'supervisors' are the staff that actually hire, fire or adjust grievances. The language regarding supervisory refers to clear case law which makes it so that people that have the discretion to hire and fire or adjust grievance are considered supervisors and are kept out of the bargaining unit — but allows for people that perform many of the same duties as front-line staff, such as sergeants who direct work but still do patrols, to have the protection of being in a bargaining unit."

 

á       No permanent replacement workers — This is a new provision and one that AFSCME stubbornly pushed for. It would protect public workers from the threat that management can hire permanent replacement if they go out on strike. Other portions of state law strongly infer that permanent replacements cannot be hired in the public sector, but the law doesn't flat-out say that in so many words. This fixes that. "While we don't go on strike often, this issue comes up every time we do," said Botkin. "It was an issue in late 2007 when Local 1995 struck at the Multnomah ESD. Management 'scares' and discourages workers from supporting the strike action by threatening to hire permanent replacements, even though they never do. This language would take that whole issue off the table."

 

Botkin notes that Republicans have issued a "heinous" minority report to be debated on the House floor. Expect the vote on HB 2831 to closely follow party lines.

 

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MOVING ALONG — Baessler also reports that two health care bills we have reported on earlier have now passed the House.

 

HB 2116, which will bring in billions of federal matching funds, expands health care coverage to thousands of Oregonians — mostly children and low-income families who don't have employer-provided health care. Proponents argue that ensuring that more Oregonians have access to health care means there will be less people visiting the emergency room unable to pay for their care, which in turn lowers costs for everyone in the long run.

 

HB 2009 consolidates all of the various agencies and committees that are involved in health care into one group so that Oregon can start to have a more efficient health care system that ensures that various groups are working together to increase care and decrease costs. Ultimately this organization, and the Oregon Health Policy Board that will oversee it, will create a public insurance option that Oregonians can buy into if they don't like their current insurance plan, and will begin looking for ways to help Oregonians receive better care at an affordable price.

 

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State capitol odds & ends ...

 

Ÿ      HB 3237 — An elections bill that contains a lot of leftovers from the ballot measure reform conversation begun at the beginning of the session. Baessler says the primary component of HB 3237 is a provision that proponents and opponents of ballot measures will be allowed by law to witness the signature verification process. "We have been allowed to witness the process, but it has been at the discretion of the Secretary of State," says Baessler. "With the new rolling turn-in of signatures (part of HB 2005) it will be more important to guarantee the right to watch the process. Signatures will roll in monthly now and the verification process can be spread out, so we need that access codified into the law."

 

Ÿ      HB 2186 — Groener says this priority bill for the AFSCME "Green Caucus" is in danger of languishing in the Senate Rules Committee. This measure authorizes the Department of Environmental Quality, whose employees are represented by AFSCME Local 3336, to develop rules to achieve reductions in greenhouse gas emissions. The bill also establishes a low-carbon fuel standard. It passed the House 32-28 back on May 8. "When something sits in committee this long, that means there's some backroom discussion going on, maybe some 'horse-trading' of some kind," says Groener. "I urge our members concerned about this bill to contact members of the Senate Rules Committee and ask them to move it." Those committee members include Devlin, Burdick, Sen. Ted Ferrioli (R-John Day), Sen. Jason Atkinson (R-Jacksonville) and Sen. Rick Metsger (D-Welches).  E-mail links are provided or you can call the capitol at (800) 332-2313 statewide or (503) 986-1187 in the Salem calling area.

 

Ÿ      HB 2867 — This is the final version of the "accountability in public contracting" bill. After seven complete rewrites and moving from five committees the bill that will put in regulations and guidelines in public contract is moving closer to the passage. "The question now is can we get it done before the Legislature leaves the building?" says Baessler. "The bill says that before you contract out, local and state governments have to do a feasibility study to determine if the work can be done in-house and if it can be, then the agency or government needs to do a cost-benefit analysis to show they would save money." Baessler says the "best part" of HB 2867 is that if the cost-benefit analysis shows that the only way to save money is through cutting wages and benefits then the jurisdiction can not contract out.

 

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Away from the capitol this week ...

 

STALEMATE? — The Oregon AFSCME Central Table bargaining team will meet in mediation one week from today (June 22) with state negotiators, a move that irks Allen, the union's chief negotiator for the state contract.

 

The two sides had another bargaining session late last week, the first face-to-face meeting since the state notified AFSCME it had requested mediation. That caught the union off-guard, as Allen contends that both sides had understood there would be no substantial economic bargaining until after the Legislature had set budgets. But now the state has jumped the process ahead to mediation, a move the union sees as very premature.

 

"This is not how we've bargained in the past," Allen told the state team. "You are violating the trust we've built up over many years."

 

AFSCME-represented state employees who want to hear an audio version of Allen's complete remarks to the state team can do so at the Central Table Update tab in the Main Menu of the Council 75 website.

 

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NEW GUY — Oregon AFSCME welcomes Kevin Hill as the new staff representative in the union's Bend field office.

 

Hill comes to Council 75 from AFSCME International, where he was most recently in Oklahoma as a lead organizer. Hill is a native of West Babylon, New York, which is on Long Island. He was a Teamster member and activist early in his career, then moved to Florida and soon thereafter attended a national AFL-CIO Organizing Institute, after which he was hired by AFSCME in 2002. He worked on a variety of campaigns for the national union, including stops in Nebraska, Florida, Missouri, Maine, New Mexico and Wisconsin, as well as his most recent stint in Oklahoma.

 

"One of the things that made Kevin an attractive candidate was the good work he did in Oklahoma, a very anti-union state," said Allen. "If he can do good union work in Oklahoma, he should do very well here."

 

Hill said he is excited about the move west.

 

"I came to Council 75 in part so I could spend more time with my family," said Hill. "The International moves you around a lot when you're on their organizing staff. We're ready as a family to settle down a bit and use our experience to impact the community where we live. We're very happy to have landed in Bend with Council 75."

 

Hill's wife, Leslie Hill, is a caregiver who works with developmentally disabled adults and Easter Seals. They have three children: two young adults and a teenager. In his spare time, Hill enjoys walks in the mountains and fishing; Central Oregon should suit him well for that.

 

The Bend field office is the Council's smallest and a one-person operation, so be sure to leave a message if you don't catch Hill on the office phone. His Oregon AFSCME e-mail address is khill@oregonafscme.com.

 

Incidentally, Hill won't be the "new guy" for long, as David Martinez will soon be on board as a staff rep in the Portland office for the North Coast assignment. We'll give you the skinny on Martinez once he's had a chance to settle in a bit.

 

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