Tuesday, November 25, 2008

Update Fight against Layoffs and Closures

Council 31 -

As we informed you last week, the Governor has signed SB 1103—leaving intact the funding it included to avert closures and layoffs in DCFS, DNR and DHS. He vetoed the funding for the Illinois Historic Preservation Agency without offering any explanation for that decision in his veto message.

SB 1103 was drafted with input from AFSCME, and the Union went to considerable lengths to make sure that the amounts appropriated for DCFS, DNR and DHS were sufficient to avert all of the layoffs scheduled in each of those agencies. In addition, the legislation was drafted to make clear that the “sole purpose” for which the funding could be used was to “prevent the layoff of frontline staff”.

As you know, the bump meetings in all three agencies have been completed and the layoffs are set to take effect on Dec. 1st. Initially, it seemed as if the Governor had acted in order to make funding available before the layoffs took place so that they could be averted. But looks can be deceiving.

The Administration did act swiftly to rescind all of the more than 200 layoffs scheduled for DCFS. (This does not include any positions that might be impacted by the agency “consolidation” that is now underway.) Our Union can certainly count that as a major victory. Undoubtedly the highly visible demonstration that Local 2081 spearheaded at the State of Illinois Center in downtown Chicago last week helped to persuade the Governor that these layoffs posed too great a risk to the safety of vulnerable children.

Unfortunately, however, after some initial confusion, it now appears that none of the 60 layoffs slated for DHS will be rescinded and that only four of the eleven state parks slated for closure will be kept open—with only six of the 39 scheduled DNR layoffs being cancelled.

There is no rhyme or reason for these decisions. There is no reason to proceed with the closure of 14 historic sites and the related layoff of 35 employees, no reason to close down seven state parks with the related layoff of employees, and no reason to lay off DHS employees who provide vital services to families in need. Funding to avert all of these layoffs was included in SB 1103—and much of that funding remains in the legislation as the Governor signed it.

AFSCME is going to continue to fight these layoffs on every front As a result of the changes in who will be laid off, the 3k rights (inter-agency transfer on layoff) of laid off employees are affected. However, CMS did not redo the layoff procedure. The Union is going to file a grievance over this failure because to the extent employees who are not being laid off have picked jobs that otherwise could have been picked by those employees who will actually be laid off, laid off employees' rights have been affected.

Council 31 attorneys are also reviewing the language of SB 1103 and the stated reasons for the originally scheduled layoffs to determine if there is the basis for legal action and/or a grievance for failure to rescind all of the DNR and DHS layoffs.

And tonight, AFSCME members from the Historic Preservation Agency—and their supporters from other agencies—will gather outside the Governor’s mansion to protest his veto of the funding to keep historic sites open and demand that he find a way to avert these cuts to some of Illinois’ most significant historic heritage.

In addition, the Union is continuing its battle against the extremely ill-advised efforts to close the Pontiac Correctional Center, Tinley Park Mental Health Center and Howe Developmental Center.

Over the past two weeks, there has been some striking progress in the battle to save the Pontiac Correctional Center. Last Wednesday, some 600 AFSCME members descended on Springfield to rally and march to the Governor’s Office to present him with letters from Pontiac school children which described in moving human terms the negative consequences that closing the prison would have on the community. Then on Thursday a Livingston County judge issued an order enjoining the Department of Corrections from laying off any employees until the Union’s grievances related to the closure plan have been arbitrated. This decision comes in the wake of a restraining order issued by a Johnson County judge that barred any further movement of Pontiac inmates to other facilities because of the dangers that were arising out of the reckless and irresponsible relocation measures being used.

We especially want to thank those of you who, along with members of your locals, traveled to Springfield to join in the rally and show your solidarity with the AFSCME members at Pontiac CC. Fortunately AFSCME has deep reserves of solidarity to draw on because much more will be needed in the coming weeks as the battle over the closures of Tinley Park MHC and Howe DC heats up.

A critical front in the battle against the closings is the Commission on Government Forecasting and Accountability, which is required by law to hold a public hearing on any proposed facility closure and to issue an advisory recommendation based on its findings. It is the union’s understanding that COGFA will hold its public hearings on Tinley Park and Howe in early to mid December. As soon as the date and time are finalized, you will be notified of the details and asked to bring members to show your support for your brothers and sisters in Local 1591.

These are tough fights that we face—but the progress that we’ve made so far, the determination that we’ve shown, and the unity that we’ve maintained, all make clear that if we continue to stand up and fight, we can prevail.

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