Mandatory Overtime Agreement

June 1, 2009


I am very pleased to report to you that AFSCME has taken a major step forward in addressing one of the most critical problems that our members face. Excessive amounts of mandated overtime have plagued our members ever since Governor Ryan’s early retirement program led to a mass exodus of state employees.

The problem was further exacerbated by former Governor Blagojevich who drove staffing levels down to a point where mandates became a part of everyday operations.

As you know, the union has vigorously pursued a solution to this problem first in the legislature and then at the bargaining table.

Despite hitting a brick wall in our initial efforts, we were not deterred and introduced legislation to deal with the overtime problem once again in this legislative session.

The Quinn administration insisted that, while recognizing the seriousness of the problem, it was opposed to a legislative solution. The administration did, however, express a willingness to sit down and try to work out an agreement outside of the legislative realm.

In response to the Governor’s concerns, the sponsors of the legislation urged us to try to work out an agreement with the administration.

The result is the enclosed agreement which includes the following provisions:

1) A goal of reducing overtime work by at least 30% in the fiscal year beginning July 1, 2009 and by 50% in the fiscal year beginning July 1, 2010 from the level of the fiscal year which ends on June 30, 2009.

2) An acknowledgement that mandatory overtime should not be routinely assigned and the right to refuse mandation effective July 1, 2010, unless there are circumstances beyond the employer’s control, e.g. last minute call off or a major disruption such as hurricane, flood, riot, etc.

3) A commitment, subject to budgetary appropriation, to have a minimum net increase in the number of staff hired in each agency to alleviate the overtime problem and to monitor progress on a regular basis to determine if additional staff are needed.

4) A prohibition against compromising security or care in order to meet overtime goals and a requirement that staff to patient ratios not be reduced or mandatory posts eliminated without prior notification and a meeting with the union.

5) Existing overtime procedures are not changed by the agreement, and facilities cannot reduce the number of employees permitted to take days off.

6) The employer will alter its hiring procedures to fill vacancies in a more expeditious manner in order to maintain targeted staffing goals.

It has been a long, hard road, one which required the union to keep constant pressure on lawmakers to ensure that the issue drew their attention. At last, through persistence at the grassroots level, in Springfield, and through the media, our message was driven home, and there will be relief for our members who suffered through this nightmare of mandatory overtime on a routine basis.

The uncertainty regarding the state budget will complicate implementation of the agreement, but the Council has every intention of pressing forward to make sure it happens. The issue is too important, and we’ve worked too hard to let this opportunity slip away now.

To all of you and your members who made phone calls on the legislation, who personally lobbied your legislators to bring the problem to their attention, or spoke out in the press about the burdens of mandatory overtime, let this agreement be a reminder that problems of this magnitude are not easily solved, but if we persist, we can prevail.

Sincerely,
Henry Bayer, Executive Director
Roberta Lynch, Deputy Director