March 16, 2009
Get Ready to Fight Big Battle to Raise Taxes – The State of Illinois has an $11.5 billion budget hole—and that deficit gets bigger every day. Gov. Pat Quinn has made clear that he intends to follow the course AFSCME has long advocated and raise the state’s income tax to address this shortfall.
And his political opposition is already gearing up for a fight. They say Illinois should CUT its way out of its budget woes. That simply can’t be done. If the Governor were to eliminate the entire state workforce—and close down every prison, every state park, unemployment office, child protection service and more—that would save $3 billion, the total wage cost for state employees. Where would the other $6 billion come from????
AFSCME members know all too well that state government has already been cut to the bone, state universities have already raised tuition and cut programs, local governments cannot afford to lose a penny in state aid, and community disability agencies are already vastly underfunded. There is nowhere to make cuts of anything close to that magnitude.
So a tax increase is the only answer. And it is going to be up to us to get that message out to our members and the wider public—to stand up against those who would deliberately deceive by claiming that we can cut our way out of Illinois’ fiscal crisis.
Action Needed: The Council will be getting materials out to local unions soon regarding the necessity of raising the state income tax in order to maintain vital public services. Let your state representatives and senators know that you support an income tax increase.
…And Fight Pension Cutbacks Too – Unfortunately, the hue and cry for cutbacks has led the Governor and legislative leaders to turn to the state’s pension system—which has its own enormous deficit. Although it is not official yet, apparently Gov. Quinn is going to propose reducing the pension benefits for new hires in state government. (We don’t know at this point whether he will propose reductions for employees in any other pension systems—e.g. university, city of Chicago, etc., but we’d better be prepared ) There is also talk that the Governor will propose raising contributions or cutting retiree health care benefits for current employees as well.
Action Needed: Big business is making an all out effort to drastically cut back public employee pensions. AFSCME will be sending out materials for distribution to all union members about the importance of standing up to protect our pension benefits. If we don’t do it, no one else will. Tell your legislators that Illinois pension benefits are modest and well-deserved—and should not be diminished for current employees or those yet to come.
Some good news – Last week Governor Quinn announced that he is reversing his predecessor’s plans to close the Pontiac Correctional Center and to move the IDOT Division of Traffic Safety out of Springfield. AFSCME applauds these decisions which will end the many months of fear and anxiety that beset the employees at these sites who faced losing their jobs or being forced to uproot their families. There is no doubt that these reversals would not have occurred without the intensive protest campaigns waged by Local 494 and Local 2813, working in conjunction with Council 31’s vigorous legal, public relations, and lobbying efforts.
FY10 Budget Should Provide Adequate Staff – Gov. Quinn will present his FY10 budget plan this week (3/18). AFSCME is continuing to press the Governor’s Office and legislative leaders to address the critical problem of understaffing in state agencies by assuring adequate staffing levels in the upcoming FY ‘10 budget. State agencies have already been cut to the bone—and state services are suffering as a result. Even so, given the state’s dire fiscal problems and the willful ignorance on the part of right-wing, anti-government forces, there will undoubtedly be calls for further cuts to state agencies—and we will need to be prepared to intensify the battle for adequate staffing levels.
Budget Plan Should Keep Sites/Facilities Open -- AFSCME is also pressing for the reversal of the previous governor’s closures of state historic sites and the planned closures of Tinley Park MHC and Howe DC. And Council 31 is pushing to expand capacity at Thomson Correctional Center so that more than 200 newly-hired members employed there will not be left in limbo, not knowing where they might be offered employment.
End forced overtime (SB1369/HB1054) By continuing to press for enactment of legislation that would ban forced overtime (SB1369, sponsored by Sen. Frerichs and HB1054, sponsored by Rep. Dugan), we can heighten public—and legislative—awareness of the damage done by inadequate staffing levels, especially in 24-hour facilities. This legislation would ban forced overtime in IDOC, DJJ, DHS and Vets Affairs facilities. AFSCME Position: Support. Status: SB1369 passed out of the Labor Committee and is on Second Reading in the Senate; HB 1054 is in the House Rules Committee.
Require legislative approval for closures (SB327/HB2376) -- Council 31 is working to enact legislation that will require greater legislative oversight of any proposed closure. SB357, sponsored by Sen. Crotty, and HB2367, sponsored by Rep. Gordon, would amend the state’s Facility Closure Act to require that if a facility or site is funded in the budget enacted by the General Assembly, it cannot subsequently be closed without a joint resolution of the General Assembly approving the closure. AFSCME Position: Support. Status: SB327 passed out of the State Government Committee and is on Second Reading in the Senate; HB2376 passed out of the House State Government Committee and is on Second Reading in the House.
Funding for COLA for direct care workers in community service agencies (SB 1368/HB660) -- Employees in community-based agencies serving people with disabilities or others in need must depend on state funding. Thousands of these workers have joined the ranks of AFSCME in order to improve their low wage levels and inadequate benefits. We’ve made progress – but there’s still a long way to go. Last year, after vigorous grassroots lobbying by direct care workers, AFSCME succeeded in passing legislation for a 50 cent pay increase for community disability workers. But the previous governor vetoed that funding. This year it will be even harder to win funding given the state’s budget shortfalls—but AFSCME is determined to make this fight. That’s why the union is pushing for passage of SB1368, sponsored by Sen. Koehler, and HB661, sponsored by Rep. Froehlich, would require the inclusion of a 50 cent pay increase for community disability workers in the FY 10 budget. AFSCME Position: Support. Status: SB1368 is in Senate Appropriations I Committee; HB660 passed out of the Human Services Appropriations Committee and is on Second Reading the House.
Action Needed: Because of the very severe budget shortfall and the difficulty in getting increases in state funding for any purpose, it is critical that local unions representing direct care workers begin now to insist that their local state senators and state representatives fight for the inclusion of a pay increase for community disability workers in the FY10 budget.
Provide fairness for Corrections health care employees (SB1987/HB2375) – AFSCME-represented medical vendor employees in DOC and DJJ have made steady progress through their union toward achieving wage parity with state medical personnel in these departments. However, they still have to pay significantly more for their health coverage and do not have a defined benefit pension plan. AFSCME is pushing for passage of this legislation which would make employees of corrections medical vendors state employees and enable them to keep their union representation. AFSCME position: Support. Status: HB2375 passed out of the House Labor Committee and is on Second Reading in the House; SB1987 is in the Senate State Government Committee.
Action Needed: There is very strong opposition to this bill from IDOC, Wexford and HPL. It is essential that the medical vendor employees contact their state legislators and let them know that they want to become state employees and remain AFSCME members. Tell legislators to support HB 2375 and SB 1987. AFSCME local presidents should call Rep. Smith and Sen. Sullivan to thank them for sponsoring this legislation.
Restrict privatization of state services (SB1602/HB588) – Working with Sen. Harmon and Rep. Hannig, AFSCME has introduced SB1602 and HB588 which would establish strict accountability standards for any proposal to privatize services currently provided by state government. This legislation is based on legislation that the union previously enacted that restricted privatization in local school districts. AFSCME position: Support. Status: HB588 is in the House Rules Committee; SB1602 passed out of the Senate State Government Committee and is on Second Reading in the Senate.
Oppose legislation to restrict placement of inmates at Tamms CC (HB2633) – HB 2633, sponsored by Rep. Hamos, would restrict the reasons for which an inmate can be transferred to Tamms and make it more difficult for IDOC to move quickly to transfer a dangerous or disruptive inmate to that facility, which is currently the state’s “super-maximum” facility to house particularly dangerous inmates. AFSCME Position: Oppose. Status: Passed out of Committee and is on Second Reading in the House.
Action Needed: IDOC local union presidents should contact their state senators and representatives to explain the important role that Tamms plays as a safety valve in the system and explain the reasons why inmates are transferred to Tamms—giving specific examples if possible.
Establish MRSA protections in law (SB105/HB185) – Since MRSA infections first emerged as a serious health threat, AFSCME has led a high-pressure effort to force employers to institute appropriate protocols to prevent the occurrence of such infections. Council 31 is supporting this legislation to make sure that all state agencies have appropriate employee protections in place to prevent the spread of MRSA. SB 105 is sponsored by Sen. Radogno; HB 185 is sponsored by Rep. Bellock. AFSCME Position: Support. Status: HB185 passed out of committee and is on Second Reading in the House; SB105 passed out of committee and is on Second Reading in the Senate.
Action Needed: If any of your members have contracted MRSA infections at work, call your legislators to urge them to support this legislation and let them know that MRSA is still a problem at your worksite.
Improve health care quality and access/Support nurse staffing ratios (SB224/HB485) --
The American health care system is in crisis. The only real solution is a national program of universal health care—and Council 31 is participating in the AFL-CIO’s nationwide campaign to press for the development and enactment of major health care reform to meet that goal. At the same time, we will seek to address problems that can be tackled at the state level.
To that end, AFSCME is leading a statewide coalition that is seeking to enact legislation to establish required nurse-to-patient staffing ratios in Illinois hospitals and to provide for nurse input into staffing plans. SB2224 and HB485 are being held in committee pending negotiations with the Illinois Hospital Association, which is fiercely opposing this measure.
Oppose efforts to reduce care and services for individuals with mental illness and developmental disabilities -- There is growing pressure to close or downsize state-operated centers for persons with mental illness and developmental disabilities. In addition, legislation has been introduced that would change the way disability services are funded, resulting in the drastic downsizing of all Intermediate Care Facilities, both state-operated centers and community-based disability agencies. Council 31 will continue to support a comprehensive array of services for people with mental illness and developmental disabilities and to oppose efforts to fund one type of service by cutting another.
There are a number of bills that have been introduced that would negatively impact state-operated mental health and developmental centers. None of these measures appears to have any traction at this point. Council 31 is monitoring them closely and will sound the alarm if they begin to move through the legislative process.
Restore and expand union rights (HB2445) -- Council 31 is working with the Illinois AFL-CIO to pass this omnibus reform of the Illinois public sector labor relations law in order to address key problems that have arisen, such as lengthy delays in adjudicating Unfair Labor Practice charges. AFSCME Position: Support. Status: Passed out of the Labor Committee and is on Second Reading in the House.
Bring greater equity to the Unemployment Insurance program (HB2555 and SB1350) -- AFSCME is seeking to pass legislation (HB2555, sponsored by Rep. Walker) that would expand UI benefits to those school district and university employees who are laid off in the summer months. However school districts and universities are vigorously opposing this measure because of the costs involved. In addition, Council 31 is seeking to enact legislation (SB1350, sponsored by Sen. Forby) that would extend the time period for cut-off of UI benefits when an employer has locked out its employees. AFSCME Position: Support. Status: HB2555 is in the House Rules Committee; SB1350 passed out of the Labor Committee and is on Second Reading in the Senate.
Establish fair mileage reimbursement rules (HB 480) – AFSCME has been pressing for several years now to bring state mileage reimbursement regulations in line with federal protocols which are fairer to employees. HB480, sponsored by Rep. Boland, would accomplish that goal.
AFSCME Position: Support. Status: Passed out of the House; awaiting committee assignment in the Senate.
Dozens of bills impact AFSCME members – There are literally dozens of other bills that the AFSCME lobbying team is working to support or defeat that would affect AFSCME members—in some cases as few as a dozen employees. Whatever the number of employees involved, if a bill could hurt or help them—and if it has a chance of moving forward in the General Assembly—Council 31 lobbyists are hard at work to make sure that the interests of union members are protected and advanced. If any of these bills emerge as a real threat to members’ well-being or as potential benefits to members, the local unions that are impacted will be notified so that they can assist in the lobbying effort.
Monday, March 16, 2009
Wednesday, March 11, 2009
Cutting Pensions Won’t Solve State Budget Crisis
Governor Quinn and legislative leaders are calling for a two-tier pension system—with new hires having lower pension benefits than current employees. They say these changes are needed to address the state’s $9 billion budget deficit. AFSCME opposes such a two-tier system. Here’s why:
*Cutting pensions and undermining retirement security for state employees is the wrong path. AFSCME is opposed to any unfair two-tiered system that forces employees doing equal work to receive unequal benefits.
*The average retired state employee's pension is about $1,500 a month or $18,000 a year. Many retirees get by on significantly less than even this modest amount. These benefits are earned compensation that state employees make regular contributions toward over the course of their working lives.
*The real problem is the huge unfunded liability already accrued for benefits owed to current employees and retirees. That is the fault of past governors and legislators who for years have failed to pay the state's true cost for pensions into the pension funds for these employees—even as employees always paid faithfully and in full.
*Establishing a new tier of pension benefits for new hires will not reduce the current unfunded pension liability by one penny. By definition, that unfunded liability is for current employees, for the benefits they have already earned. The only way to solve that problem is to develop a disciplined repayment plan, including a realistic source of revenue, and stick to it.
*Establishing a new tier of pension benefits for new hires only reduces the cost of pension benefits for those new hires. Therefore, any savings from such a lower tier for new hires are minimal for several years, until new hires become a significant portion of the workforce. This is NOT a real solution to the current budgetary crisis, though the business community is insisting that this proposal is necessary before they will support an income tax increase.
*Cutting benefits for new hires harms current employees too. As more new hires enter the workforce at a lower benefit rate, it is very likely that they will resent the fact that they are doing the same work for less compensation, creating tensions in the workplace, as well as within the union.
*Cutting benefits for new hires creates future problems. Cutting benefits for new hires won't solve current fiscal woes. But it will create new ones when those employees come of retirement age if their benefits are too low to meet their living costs.
*Cutting pensions and undermining retirement security for state employees is the wrong path. AFSCME is opposed to any unfair two-tiered system that forces employees doing equal work to receive unequal benefits.
*The average retired state employee's pension is about $1,500 a month or $18,000 a year. Many retirees get by on significantly less than even this modest amount. These benefits are earned compensation that state employees make regular contributions toward over the course of their working lives.
*The real problem is the huge unfunded liability already accrued for benefits owed to current employees and retirees. That is the fault of past governors and legislators who for years have failed to pay the state's true cost for pensions into the pension funds for these employees—even as employees always paid faithfully and in full.
*Establishing a new tier of pension benefits for new hires will not reduce the current unfunded pension liability by one penny. By definition, that unfunded liability is for current employees, for the benefits they have already earned. The only way to solve that problem is to develop a disciplined repayment plan, including a realistic source of revenue, and stick to it.
*Establishing a new tier of pension benefits for new hires only reduces the cost of pension benefits for those new hires. Therefore, any savings from such a lower tier for new hires are minimal for several years, until new hires become a significant portion of the workforce. This is NOT a real solution to the current budgetary crisis, though the business community is insisting that this proposal is necessary before they will support an income tax increase.
*Cutting benefits for new hires harms current employees too. As more new hires enter the workforce at a lower benefit rate, it is very likely that they will resent the fact that they are doing the same work for less compensation, creating tensions in the workplace, as well as within the union.
*Cutting benefits for new hires creates future problems. Cutting benefits for new hires won't solve current fiscal woes. But it will create new ones when those employees come of retirement age if their benefits are too low to meet their living costs.
Monday, March 2, 2009
Council 31 Legislative Update
March, 2009
Addressing the state fiscal crisis -- As the nation’s economy sinks ever deeper into recession, the State’s financial situation becomes ever more precarious—with the deficit now ballooning to some $9 billion. The state’s ongoing fiscal problems also have a negative impact on state-funded private agencies, public universities and local governments which are reliant on state funding.
Working as part of the A+ Illinois campaign, AFSCME has been a leading force in catalyzing a grassroots campaign to enact legislation that would raise desperately needed new revenue. Gov. Quinn has indicated that he will propose a plan to address the state’s revenue shortfall when he unveils his FY ’10 budget proposal later this month. But many Republicans in the General Assembly have already begun trashing any form of tax increase. Their only solution to the state’s fiscal woes is further cutbacks.
That’s why AFSCME Council 31 is initiating a grassroots campaign to begin now to build support for a tax increase sufficient to enable Illinois to weather the storms of recession, maintain vital services and create new jobs. Local unions will soon be getting materials to help you make sure your legislators get the message—We need new revenues NOW!
Aid to local governments -- Local governments throughout Illinois—cities, counties and school districts where so many AFSCME members work—have a big stake in passage of a state tax increase. Through the state’s Local Government Distributive Fund (LGDF), local governments receive a fixed portion of state income tax revenues. School districts receive much of their funding from the state. And most local governments also rely on numerous other state revenue streams to help them function effectively.
As state revenues have declined over the past few years, state funds flowing to local governments have also declined. An increase in the state income tax would benefit local governments in many ways—but most directly through the LGDF. A state income tax increase of 2% would generate more than $500,000,000 for disbursement to local governments.
Protect public employee pensions/Oppose SB303 and SB304 – Whether AFSCME members work for (or retired from) the state (SERS), a local government (IMRF, Cook County, City of Chicago) or a public university (SURS), their pensions are set and regulated by the Illinois General Assembly. As the liability for pension funding and retiree health care costs becomes an ever greater source of public controversy, more and more elected officials are seeking ways to reduce that liability by reducing retirement benefits. AFSCME has been a leader in the fight to protect public employee retirement security and we will continue to vigorously oppose all efforts to weaken that security.
Big business is stepping up its efforts to do away with traditional pension plans—defined benefit plans—for all public sector workers and instead move all employees into “defined contribution” plans, such as 401(k)’s which invest in the stock market and do not guarantee a specific pension benefit. Wall Street’s recent meltdown is a prime example of why workers cannot rely on the stock market for a secure retirement. But even that dire warning hasn’t slowed business lobbyists’ full court press for “pension reform” that will effectively wipe out pensions for all new employees in the public sector.
SB303 and SB304, sponsored by Sen. Bill Brady, are the opening shot in this war. SB304 would wipe out the current pension system for all new state or university employees and require that they participate in a defined contribution plan (“self-managed program”). SB303 would make such participation voluntary—but would still open the door to moving in the direction of eliminating pensions for new employees. AFSCME Position: Oppose. Status: SB303 and SB304 are in the Senate Pensions and Investments Committee
Before this legislative session ends, we expect to see other bills that will seek to eliminate defined benefit plans for all public sector workers and/or to reduce pension benefits for newly-hired employees. AFSCME is working with other public sector unions through the Illinois Retirement Security Initiative (IRSI) to thwart these efforts.
Adequate staffing levels for state agencies/End forced overtime (SB1369/HB1054) – AFSCME is continuing to press the Governor’s Office and legislative leaders to address the critical problem of understaffing in state agencies by including funding for additional staff in the upcoming FY 10 budget. Part of Council 31’s grassroots campaign for a tax increase will include outreach to legislators regarding the damage done to employees and the services they provide as a result of understaffing.
By continuing to press for enactment of legislation that would ban forced overtime (SB1369, sponsored by Sen. Frerichs and HB1054, sponsored by Rep. Dugan), we can heighten public—and legislative—awareness of the damage done by inadequate staffing levels, especially in 24-hour facilities. This legislation would ban forced overtime in IDOC, DJJ, DHS and Vets Affairs facilities. AFSCME Position: Support. Status: SB1369 is in Senate Labor Committee; HB1054 is in House Labor Committee.
Oppose closures or downsizing/Require legislative approval for closures (SB327/HB2376) --
This week the Union won a round in the fight against facility or site closures when Gov. Quinn announced the reopening of the state parks that his predecessor had closed. AFSCME is continuing to press for a reversal of the previous governor’s plans to close Pontiac CC, Howe DC, Tinley Park MHC. In addition, the Union is pushing for reopening state historic sites and for halting the planned move of the IDOT Traffic Safety Division.
Council 31 is working to enact legislation that will require greater legislative oversight of any proposed closure. SB357, sponsored by Sen. Crotty, and HB2367, sponsored by Rep. Gordon, would amend the state’s Facility Closure Act to require that if a facility or site is funded in the budget enacted by the General Assembly, it cannot subsequently be closed without a joint resolution of the General Assembly approving the closure. AFSCME Position: Support. Status: SB327 is in Senate State Government and Veterans Affairs Committee; HB2376 is in House State Government Administration Committee.
Funding for COLA for direct care workers in community service agencies (SB 1368/HB660) -- Employees in community-based agencies serving people with disabilities or others in need must depend on state funding. Thousands of these workers have joined the ranks of AFSCME in order to improve their low wage levels and inadequate benefits. We’ve made progress – but there’s still a long way to go. Last year, after vigorous grassroots lobbying by direct care workers, AFSCME succeeded in passing legislation for a 50 ct. pay increase for community disability workers. But the previous governor vetoed that funding. This year it will be even harder to win funding given the state’s budget shortfalls—but AFSCME is determined to make this fight.
SB1368, sponsored by Sen. Koehler, and HB660, sponsored by Rep. Froehlich, would require the inclusion of a 50 ct pay increase for community disability workers in the FY 10 budget. In order to have the best chance of securing this funding, it is critical that the General Assembly enact a tax increase that will close the state’s $9 billion budget shortfall. Council 31 will be working with direct care local unions to build a grassroots lobbying effort that will combine support for new revenue with pressure for a pay raise for direct care workers. AFSCME Position: Support. Status: SB1368 is in Senate Appropriations I Committee; HB660 is in the House Human Services Appropriations Committee.
To address the wide pay disparity between workers in community agencies and those in state-funded developmental centers, AFSCME is introducing legislation (SB1564/HB2259) that would require the state to regularly increase wage rates for community agency workers on an ongoing basis over the next five years. AFSCME Position: Support. Status: SB1564 has not been assigned to committee; HB2259 is in the House Executive Committee
Adequate funding for state universities -- State universities are anticipating that the state’s current fiscal woes will require severe budget cutbacks, which could threaten layoffs and make contract negotiations more difficult. AFSCME will continue to work in coalition with other unions, educational advocates and student organizations to ensure adequate funding for our state universities. As part of our campaign to build support for a tax increase, we will work to educate legislators about the importance of adequate for our state’s public universities.
Fight privatization of public services and assets/Support restrictions on state privatization (SB1602/HB588) -- AFSCME has introduced SB1602 and HB588 which would establish strict accountability standards for any proposal to privatize services currently provided by state government. This legislation is based on legislation that the union previously enacted that restricted privatization in local school districts. AFSCME position: Support. Status: HB588 is in the House State Government Administration Committee; SB1602 is in the Senate State Government and Veterans Affairs Committee.
Council 31 will oppose all legislation that would have the effect of privatizing any service currently provided by public employees. To that end, AFSCME is working to amend SB1654, sponsored by Sen. Harmon, which would privatize the management of the Illinois Lottery. AFSCME wants to ensure that the jobs of all current bargaining unit employees at the lottery would be protected with their status as state employees and their collective bargaining rights preserved.
Provide fairness for Corrections health care employees (SB1987/HB2375) – AFSCME-represented medical vendor employees in DOC and DJJ have made steady progress through their union toward achieving wage parity with state medical personnel in these departments. However, they still have to pay significantly more for their health coverage and do not have a defined benefit pension plan. AFSCME is pushing for passage of this legislation which would make employees of corrections medical vendors who are union-represented state employees and enable them to keep their union representation. AFSCME position: Support. Status: HB2375 is in the House Labor Committee; SB1987 has not yet been assigned.
Improve health care quality and access/Support nurse staffing ratios (SB2224/HB485) --
The American health care system is in crisis. The only real solution is a national program of universal health care—and Council 31 is participating in the AFL-CIO’s nationwide campaign to press for the development and enactment of major health care reform to meet that goal. At the same time, we will seek to address problems that can be tackled at the state level.
To that end, AFSCME is leading a statewide coalition that is seeking to enact legislation to establish required nurse-to-patient staffing ratios in Illinois hospitals and to provide for nurse input into staffing plans. SB2224 and HB485 are being held in committee pending negotiations with the Illinois Hospital Association, which is fiercely opposing this measure.
Oppose efforts to reduce care and services for individuals with mental illness and developmental disabilities -- There is growing pressure to close or downsize state-operated centers for persons with mental illness and developmental disabilities. In addition, legislation has been introduced that would change the way disability services are funded, resulting in the drastic downsizing of all Intermediate Care Facilities, both state-operated centers and community-based disability agencies. Council 31 will continue to support a comprehensive array of services for people with mental illness and developmental disabilities and to oppose efforts to fund one type of service by cutting another. There are a number of bills that have been introduced that would negatively impact state-operated mental health and developmental centers. None of these measures appears to have any traction at this point. Council 31 is monitoring them closely and will sound the alarm if they begin to move through the legislative process.
Restore and expand union rights (HB2445) -- Council 31 is working with the Illinois AFL-CIO to pass this omnibus reform of the Illinois public sector labor relations law in order to address key problems that have arisen, such as lengthy delays in adjudicating Unfair Labor Practice charges. AFSCME Position: Support. Status: HB 2445 is the House Labor Committee.
Bring greater equity to the Unemployment Insurance program (HB2555 and SB1350) -- AFSCME is seeking to pass legislation (HB2555, sponsored by Rep. Walker) that would expand UI benefits to those school district and university employees who are laid off in the summer months. However school districts and universities are vigorously opposing this measure because of the costs involved. In addition, Council 31 is seeking to enact legislation (SB1350, sponsored by Sen. Forby) that would extend the time period for cut-off of UI benefits when an employer has locked out its employees. AFSCME Position: Support. Status: HB2555 is in the House Executive Committee; SB1350 is in the Senate Labor Committee.
Address inequities in pension systems --While the State of Illinois’ chronic underfunding of the pension systems has created a hostile atmosphere for passing pension enhancements, there are some inequities that need to be addressed and Council 31 has introduced several bills to advance those remedies. Unfortunately, at this point, both houses appear to have put a hold on any legislation that would improve any public employee pension benefits. The Council will send out information to affected employees if any of these bills are allowed to move forward through the legislative process.
Protect state employee privacy (HB35) – AFSCME is working to defeat this measure, sponsored by Rep. Tryon, which would require that the names and salaries of all state employees be made available on a web portal that would be widely accessible to the general public.
AFSCME Position: Oppose. Status: On Second Reading in the House. Action Needed: There is broad support for this legislation in the General Assembly. State employees who are concerned about protecting their privacy should contact their state representatives and urge them to vote against HB35.
Establish fair mileage reimbursement rules (HB480) – AFSCME has been pressing for several years now to bring state mileage reimbursement regulations in line with federal protocols which are fairer to employees. HB480, sponsored by Rep. Boland, would accomplish that goal.
AFSCME Position: Support. Status: On Third Reading in the House.
Establish MRSA protections in law (SB105/HB185) – Since MRSA infections first emerged as a serious health threat, AFSCME has led a high-pressure effort to force employers to institute appropriate protocols to prevent the occurrence of such infections. Those efforts were largely successful and the incidence of MRSA infections has dramatically declined. While the urgency of establishing these protocols in law is not as great as it was initially, Council 31 is supporting this legislation to make sure that every workplace in Illinois has appropriate employee protections in place to prevent the spread of MRSA. AFSCME Position: Support. Status: HB185 is in the House Human Services Committee; SB105 is in the Senate Public Health Committee.
Dozens of bills impact AFSCME members – There are literally dozens of other bills that the AFSCME lobbying team is working to support or defeat that would affect AFSCME members—in some cases as few as a dozen employees. Whatever the number of employees involved, if a bill could hurt or help them—and if it has a chance of moving forward in the General Assembly—Council 31 lobbyists are hard at work to make sure that the interests of union members are protected and advanced. If any of these bills emerge as a real threat to members’ well-being or as potential benefits to members, the local unions that are impacted will be notified so that they can assist in the lobbying effort.
Addressing the state fiscal crisis -- As the nation’s economy sinks ever deeper into recession, the State’s financial situation becomes ever more precarious—with the deficit now ballooning to some $9 billion. The state’s ongoing fiscal problems also have a negative impact on state-funded private agencies, public universities and local governments which are reliant on state funding.
Working as part of the A+ Illinois campaign, AFSCME has been a leading force in catalyzing a grassroots campaign to enact legislation that would raise desperately needed new revenue. Gov. Quinn has indicated that he will propose a plan to address the state’s revenue shortfall when he unveils his FY ’10 budget proposal later this month. But many Republicans in the General Assembly have already begun trashing any form of tax increase. Their only solution to the state’s fiscal woes is further cutbacks.
That’s why AFSCME Council 31 is initiating a grassroots campaign to begin now to build support for a tax increase sufficient to enable Illinois to weather the storms of recession, maintain vital services and create new jobs. Local unions will soon be getting materials to help you make sure your legislators get the message—We need new revenues NOW!
Aid to local governments -- Local governments throughout Illinois—cities, counties and school districts where so many AFSCME members work—have a big stake in passage of a state tax increase. Through the state’s Local Government Distributive Fund (LGDF), local governments receive a fixed portion of state income tax revenues. School districts receive much of their funding from the state. And most local governments also rely on numerous other state revenue streams to help them function effectively.
As state revenues have declined over the past few years, state funds flowing to local governments have also declined. An increase in the state income tax would benefit local governments in many ways—but most directly through the LGDF. A state income tax increase of 2% would generate more than $500,000,000 for disbursement to local governments.
Protect public employee pensions/Oppose SB303 and SB304 – Whether AFSCME members work for (or retired from) the state (SERS), a local government (IMRF, Cook County, City of Chicago) or a public university (SURS), their pensions are set and regulated by the Illinois General Assembly. As the liability for pension funding and retiree health care costs becomes an ever greater source of public controversy, more and more elected officials are seeking ways to reduce that liability by reducing retirement benefits. AFSCME has been a leader in the fight to protect public employee retirement security and we will continue to vigorously oppose all efforts to weaken that security.
Big business is stepping up its efforts to do away with traditional pension plans—defined benefit plans—for all public sector workers and instead move all employees into “defined contribution” plans, such as 401(k)’s which invest in the stock market and do not guarantee a specific pension benefit. Wall Street’s recent meltdown is a prime example of why workers cannot rely on the stock market for a secure retirement. But even that dire warning hasn’t slowed business lobbyists’ full court press for “pension reform” that will effectively wipe out pensions for all new employees in the public sector.
SB303 and SB304, sponsored by Sen. Bill Brady, are the opening shot in this war. SB304 would wipe out the current pension system for all new state or university employees and require that they participate in a defined contribution plan (“self-managed program”). SB303 would make such participation voluntary—but would still open the door to moving in the direction of eliminating pensions for new employees. AFSCME Position: Oppose. Status: SB303 and SB304 are in the Senate Pensions and Investments Committee
Before this legislative session ends, we expect to see other bills that will seek to eliminate defined benefit plans for all public sector workers and/or to reduce pension benefits for newly-hired employees. AFSCME is working with other public sector unions through the Illinois Retirement Security Initiative (IRSI) to thwart these efforts.
Adequate staffing levels for state agencies/End forced overtime (SB1369/HB1054) – AFSCME is continuing to press the Governor’s Office and legislative leaders to address the critical problem of understaffing in state agencies by including funding for additional staff in the upcoming FY 10 budget. Part of Council 31’s grassroots campaign for a tax increase will include outreach to legislators regarding the damage done to employees and the services they provide as a result of understaffing.
By continuing to press for enactment of legislation that would ban forced overtime (SB1369, sponsored by Sen. Frerichs and HB1054, sponsored by Rep. Dugan), we can heighten public—and legislative—awareness of the damage done by inadequate staffing levels, especially in 24-hour facilities. This legislation would ban forced overtime in IDOC, DJJ, DHS and Vets Affairs facilities. AFSCME Position: Support. Status: SB1369 is in Senate Labor Committee; HB1054 is in House Labor Committee.
Oppose closures or downsizing/Require legislative approval for closures (SB327/HB2376) --
This week the Union won a round in the fight against facility or site closures when Gov. Quinn announced the reopening of the state parks that his predecessor had closed. AFSCME is continuing to press for a reversal of the previous governor’s plans to close Pontiac CC, Howe DC, Tinley Park MHC. In addition, the Union is pushing for reopening state historic sites and for halting the planned move of the IDOT Traffic Safety Division.
Council 31 is working to enact legislation that will require greater legislative oversight of any proposed closure. SB357, sponsored by Sen. Crotty, and HB2367, sponsored by Rep. Gordon, would amend the state’s Facility Closure Act to require that if a facility or site is funded in the budget enacted by the General Assembly, it cannot subsequently be closed without a joint resolution of the General Assembly approving the closure. AFSCME Position: Support. Status: SB327 is in Senate State Government and Veterans Affairs Committee; HB2376 is in House State Government Administration Committee.
Funding for COLA for direct care workers in community service agencies (SB 1368/HB660) -- Employees in community-based agencies serving people with disabilities or others in need must depend on state funding. Thousands of these workers have joined the ranks of AFSCME in order to improve their low wage levels and inadequate benefits. We’ve made progress – but there’s still a long way to go. Last year, after vigorous grassroots lobbying by direct care workers, AFSCME succeeded in passing legislation for a 50 ct. pay increase for community disability workers. But the previous governor vetoed that funding. This year it will be even harder to win funding given the state’s budget shortfalls—but AFSCME is determined to make this fight.
SB1368, sponsored by Sen. Koehler, and HB660, sponsored by Rep. Froehlich, would require the inclusion of a 50 ct pay increase for community disability workers in the FY 10 budget. In order to have the best chance of securing this funding, it is critical that the General Assembly enact a tax increase that will close the state’s $9 billion budget shortfall. Council 31 will be working with direct care local unions to build a grassroots lobbying effort that will combine support for new revenue with pressure for a pay raise for direct care workers. AFSCME Position: Support. Status: SB1368 is in Senate Appropriations I Committee; HB660 is in the House Human Services Appropriations Committee.
To address the wide pay disparity between workers in community agencies and those in state-funded developmental centers, AFSCME is introducing legislation (SB1564/HB2259) that would require the state to regularly increase wage rates for community agency workers on an ongoing basis over the next five years. AFSCME Position: Support. Status: SB1564 has not been assigned to committee; HB2259 is in the House Executive Committee
Adequate funding for state universities -- State universities are anticipating that the state’s current fiscal woes will require severe budget cutbacks, which could threaten layoffs and make contract negotiations more difficult. AFSCME will continue to work in coalition with other unions, educational advocates and student organizations to ensure adequate funding for our state universities. As part of our campaign to build support for a tax increase, we will work to educate legislators about the importance of adequate for our state’s public universities.
Fight privatization of public services and assets/Support restrictions on state privatization (SB1602/HB588) -- AFSCME has introduced SB1602 and HB588 which would establish strict accountability standards for any proposal to privatize services currently provided by state government. This legislation is based on legislation that the union previously enacted that restricted privatization in local school districts. AFSCME position: Support. Status: HB588 is in the House State Government Administration Committee; SB1602 is in the Senate State Government and Veterans Affairs Committee.
Council 31 will oppose all legislation that would have the effect of privatizing any service currently provided by public employees. To that end, AFSCME is working to amend SB1654, sponsored by Sen. Harmon, which would privatize the management of the Illinois Lottery. AFSCME wants to ensure that the jobs of all current bargaining unit employees at the lottery would be protected with their status as state employees and their collective bargaining rights preserved.
Provide fairness for Corrections health care employees (SB1987/HB2375) – AFSCME-represented medical vendor employees in DOC and DJJ have made steady progress through their union toward achieving wage parity with state medical personnel in these departments. However, they still have to pay significantly more for their health coverage and do not have a defined benefit pension plan. AFSCME is pushing for passage of this legislation which would make employees of corrections medical vendors who are union-represented state employees and enable them to keep their union representation. AFSCME position: Support. Status: HB2375 is in the House Labor Committee; SB1987 has not yet been assigned.
Improve health care quality and access/Support nurse staffing ratios (SB2224/HB485) --
The American health care system is in crisis. The only real solution is a national program of universal health care—and Council 31 is participating in the AFL-CIO’s nationwide campaign to press for the development and enactment of major health care reform to meet that goal. At the same time, we will seek to address problems that can be tackled at the state level.
To that end, AFSCME is leading a statewide coalition that is seeking to enact legislation to establish required nurse-to-patient staffing ratios in Illinois hospitals and to provide for nurse input into staffing plans. SB2224 and HB485 are being held in committee pending negotiations with the Illinois Hospital Association, which is fiercely opposing this measure.
Oppose efforts to reduce care and services for individuals with mental illness and developmental disabilities -- There is growing pressure to close or downsize state-operated centers for persons with mental illness and developmental disabilities. In addition, legislation has been introduced that would change the way disability services are funded, resulting in the drastic downsizing of all Intermediate Care Facilities, both state-operated centers and community-based disability agencies. Council 31 will continue to support a comprehensive array of services for people with mental illness and developmental disabilities and to oppose efforts to fund one type of service by cutting another. There are a number of bills that have been introduced that would negatively impact state-operated mental health and developmental centers. None of these measures appears to have any traction at this point. Council 31 is monitoring them closely and will sound the alarm if they begin to move through the legislative process.
Restore and expand union rights (HB2445) -- Council 31 is working with the Illinois AFL-CIO to pass this omnibus reform of the Illinois public sector labor relations law in order to address key problems that have arisen, such as lengthy delays in adjudicating Unfair Labor Practice charges. AFSCME Position: Support. Status: HB 2445 is the House Labor Committee.
Bring greater equity to the Unemployment Insurance program (HB2555 and SB1350) -- AFSCME is seeking to pass legislation (HB2555, sponsored by Rep. Walker) that would expand UI benefits to those school district and university employees who are laid off in the summer months. However school districts and universities are vigorously opposing this measure because of the costs involved. In addition, Council 31 is seeking to enact legislation (SB1350, sponsored by Sen. Forby) that would extend the time period for cut-off of UI benefits when an employer has locked out its employees. AFSCME Position: Support. Status: HB2555 is in the House Executive Committee; SB1350 is in the Senate Labor Committee.
Address inequities in pension systems --While the State of Illinois’ chronic underfunding of the pension systems has created a hostile atmosphere for passing pension enhancements, there are some inequities that need to be addressed and Council 31 has introduced several bills to advance those remedies. Unfortunately, at this point, both houses appear to have put a hold on any legislation that would improve any public employee pension benefits. The Council will send out information to affected employees if any of these bills are allowed to move forward through the legislative process.
Protect state employee privacy (HB35) – AFSCME is working to defeat this measure, sponsored by Rep. Tryon, which would require that the names and salaries of all state employees be made available on a web portal that would be widely accessible to the general public.
AFSCME Position: Oppose. Status: On Second Reading in the House. Action Needed: There is broad support for this legislation in the General Assembly. State employees who are concerned about protecting their privacy should contact their state representatives and urge them to vote against HB35.
Establish fair mileage reimbursement rules (HB480) – AFSCME has been pressing for several years now to bring state mileage reimbursement regulations in line with federal protocols which are fairer to employees. HB480, sponsored by Rep. Boland, would accomplish that goal.
AFSCME Position: Support. Status: On Third Reading in the House.
Establish MRSA protections in law (SB105/HB185) – Since MRSA infections first emerged as a serious health threat, AFSCME has led a high-pressure effort to force employers to institute appropriate protocols to prevent the occurrence of such infections. Those efforts were largely successful and the incidence of MRSA infections has dramatically declined. While the urgency of establishing these protocols in law is not as great as it was initially, Council 31 is supporting this legislation to make sure that every workplace in Illinois has appropriate employee protections in place to prevent the spread of MRSA. AFSCME Position: Support. Status: HB185 is in the House Human Services Committee; SB105 is in the Senate Public Health Committee.
Dozens of bills impact AFSCME members – There are literally dozens of other bills that the AFSCME lobbying team is working to support or defeat that would affect AFSCME members—in some cases as few as a dozen employees. Whatever the number of employees involved, if a bill could hurt or help them—and if it has a chance of moving forward in the General Assembly—Council 31 lobbyists are hard at work to make sure that the interests of union members are protected and advanced. If any of these bills emerge as a real threat to members’ well-being or as potential benefits to members, the local unions that are impacted will be notified so that they can assist in the lobbying effort.
Tuesday, February 10, 2009
Dear Brothers and Sisters,
A couple issues that seem to be reoccurring issues for members right now are the affirmative attendance policy and sick leave, which were negotiated this last year at bargaining and are being enforced at TDF. I expect the state to print the contract as soon as it finds the money to do so. Therefore, I am having the contract changes in the problem areas printed for your benefit. Additions to the current contract are underlined and deletions are struck out. The equitable enforcement of policies has been a recent issue addressed at labor management. I hear people saying policies are not being enforced equitably, but people have failed to provide proof to the local that they are not. I am aware of use of time audits being done on random samples at TDF and employees being disciplined. I would advise everyone to read the policy, follow the rules, and conduct himself or herself in an ethical and professional manner.
Sincerely,
Travis L. Houzenga
Memoranda of Understanding/Side Letters
Affirmative Attendance Policy MOU
1. The Employer recognizes that personal problems may affect employee attendance and encourages utilization of the Personal Support Program.
2. Unauthorized absences shall be those absences for which time is not approved. The threshold between late arrival and unauthorized absence is one hour after the starting time. Although tardiness is not considered an unauthorized absence under this agreement, employees are expected to report to work on time each day as scheduled. Any negotiated tardiness policies shall remain in full force and effect during the life of the Master Agreement unless otherwise negotiated by the parties.
Where current practices exist, any unauthorized absence which is less than a ½ day will be treated under Article IX of the Master Contract as misuse of time inclusive of all other time related infractions (including late arrival, extended breaks and lunch hours, leaving work without authorization, etc.) as one progressive and corrective disciplinary track. However, such absences shall not be subject to #9 of this agreement.
3. Authorized dock time shall be granted when sick time has been exhausted if proper medical certification is provided within three (3) work days. It is the employee’s responsibility to provide medical certification to their supervisor. Documents that do not contain the necessary elements will not be accepted and the employee will be so notified. The absences shall be considered unauthorized if acceptable certification is not subsequently provided within five (5) work days.
Proper medical certification must contain the following elements:
a) Signature, address, and phone number of the medical practitioner (or the authorized designee);
b) The pertinent dates in question of the illness or injury;
c) An Indication that the employee was unable to work on the date(s) in question for the reasons of personal or family illness;
d) The original medical statement; if the employee needs a copy management will provide.
Notwithstanding the above, the Employer may accept an electronically generated statement with an electronic signature or a facsimile with cover page, as long as the necessary information is provided as set forth in 3(a), (b), (c) and (d).
Vacation, holiday, compensatory and personal business time shall be requested in advance, except in emergency situations and as set forth in Paragraph #5. If no personal business, vacation, holiday or compensatory time is available, authorized dock time shall be approved for emergency situations, subject to verification of the emergency situation.
4. Authorized dock time under these circumstances is limited to five (5) days within a twelve (12) month period, unless approval for more time is granted by the authorizing supervisor. Employees who have used all allowable authorized dock time shall be informed of their right to apply for an appropriate leave of absence. Employees who have been on proof status within the previous three (3) months shall have no right to authorized dock time.
5. All employees’ requests for benefit time usage must be supported by a request for time off form submitted by the employee. In accordance with agency practice, requests for available benefit time other than unscheduled sick leave, emergency personal business and inclement weather situations, shall be made reasonably in advance, in writing, using the proper form. Consideration of such requests shall be in accordance with the Master Agreement.
Where current practices exist, same day call-in requests for vacation, compensatory, and holiday time shall be made only when it is not possible to request such time in advance and in writing using the appropriate form. When an employee is claiming that it is not possible to request the vacation, compensatory or holiday time reasonably in advance in writing, the Employer has the right to inquire as to why it was not possible, although such inquiry may only be made when reasonable grounds exist to suggest abuse. Same day call-in requests for vacation, compensatory or holiday time shall not be denied unless a bona fide operating need exists to do so. Under no circumstances will such request be denied solely because a request is called-in on the day requested. The form must be provided to the supervisor no later than two (2) of the employee’s workdays after the employee’s return from the absence.
Supervisors must ensure that the form is readily available to the employee. Failure of the employee to provide this form may result in the absence being considered unauthorized, and the employee may be docked and disciplinary referral may be initiated. If the employee subsequently submits the form within two (2) of the employee’s workdays after notification of being docked, the determination of an unauthorized absence shall be corrected.
6. Supervisors must process all completed forms generated from call-ins within five (5) calendar days of submission, either approving or disapproving the request.
7. As long as the employee meets the applicable Leave of Absence requirements, the Employer will approve leave for the time frame documented, including request for short-term leaves.
It is the employee’s responsibility to provide proper medical certification to their supervisor. Documents that do not contain the necessary elements will not be accepted and the employee will be so notified. The absences shall be considered unauthorized if acceptable certification is not subsequently provided within five (5) workdays. Proper medical certification must contain the following elements:
a. Signature, address, and phone number of the medical practitioner (or authorized designee)
b. The pertinent date(s) in question of the illness or injury.
c. An indication that the employee was unable to work on the date(s) in question for reasons of personal or family illness.
d. The original medical statement must be submitted; if the employee needs a copy management will provide.
Notwithstanding the above, the Employer may accept an electronically generated statement with an electronic signature or a facsimile with cover page, as long as the necessary information is provided as set forth in 7(a), (b), (c) and (d).
8. Unauthorized absences shall be subject to the following corrective and progressive disciplinary action:
A.
Occurrence
Unauthorized absence with call-in
1st
Counseling
2nd
Oral reprimand
3rd
Written reprimand
4th
2nd Written reprimand
5th
1 day suspension
6th
3 day suspension
7th
5 day suspension
8th
7 day suspension
9th
10 day suspension
10th
15 day suspension
11th
20 day suspension
12th
Discharge
B. Each day of unauthorized absence shall be considered a separate offense for the purposes of progressive discipline.
C. Each day of unauthorized absence without a call-in shall be considered as two offenses, and appropriate progressive discipline shall be administrated pursuant to Paragraph 8.A. above.
Under this Affirmative Attendance Agreement, except for the last offense before discharge, no employee will serve any suspension time. Employees will be given the usual notice of a suspension but will be expected to report to work and lose no wages. An employee will only serve five (5) days of actual suspension time for the last offense prior to discharge.
D. The parties agree that this section does not alter the provision in Article IX of the Master Agreement regarding discharge for five (5) consecutive days of unauthorized absence with no call-in (XA).
9. Discipline will be considered timely and progressive based on a rolling 24-month period. If the last disciplinary action is more than 24 months old, the progression will start over.
10. Employees not covered by an Affirmative Attendance Agreement prior to the effective date of this agreement shall be considered to have committed no offense. Employees, who have discipline under a prior Affirmative Attendance Policy, shall be placed on the closest step of the discipline track for the same offense that does not represent an increase in the level of discipline.
11. The Employer recognizes that personal problems may affect the attendance of employees. Upon request by the local Union president or designee, employees will be afforded a joint Union/Management consultation at the last suspension prior to discharge. The purpose of such consultations will be to provide guidance and counseling to the employee as to the need for their services, the consequences of continued unauthorized absences, the ability of services for problems, specifically including PSP, which may be identified and the ability to request a leave of absence.
After training materials have been distributed to those Agencies previously not covered under an Affirmative Attendance Policy, the Employer will start the Affirmative Attendance Policy. Additionally, Agencies and the Union shall establish joint training program presentations in those Agencies previously not covered under an Affirmative Attendance Policy at the request of either party. In the event a training program is presented, the Employer will initiate the Affirmative Attendance Policy within one month upon completion of the presentation.
12. This agreement supersedes any other agreement(s) on this issue.
Section 15. Sick Leave
A. …For all bargaining units, supervisors may however, grant employee requests to use sick leave in increments of one-half (1/2) hour fifteen (15) minutes after a minimum use of one-half (1/2) hour. The Employer will not discipline an employee for legitimate use of sick days if taken within procedural guidelines…
…Abuse of sick time is the utilization of sick days for reasons other than those stated in the Collective Bargaining Agreement. Visits of two (2) four (4) days per year to a Veterans' hospital or clinic for examination needed because of military service connected disability shall be in pay status without charge to sick leave.
B. Guidelines on Proof Status. At the time an employee is placed on proof status, the Employer will submit to the employee, in writing, the reasons for placing the employee on proof status. The amount of usage of sick time alone shall not be the basis for placing an employee on proof status. Proper medical certification must contain the following elements:
a. Signature, address, and phone number of the medical practitioner (or authorized designee)
b. The pertinent date(s) in question of the illness or injury.
c. An indication that the employee was unable to work on the date(s) in question for reasons of personal or family illness.
d. The original medical statement must be submitted; if the employee needs a copy management will provide.
Notwithstanding the above, the Employer may accept an electronically generated statement with an electronic signature or a facsimile with cover page, as long as the necessary information is provided as set forth in (a), (b), (c) and (d).
An employee, not on proof status, who utilizes sick leave may, at the employee’s discretion provide medical certification for any such absence and have such certification included in his/her supervisor’s file. Absences for which medical certification has been provided shall not be a consideration in the determination of whether or not to place an employee on proof status.
P. S. Remember that sick leave is used for illness, disability, or injury of the employee, appointments with a doctor, dentist or other professional medical practitioner or death of a member of an employee’s immediate family or household (includes grand-relations, parent-in-laws, and child-in-laws).
A couple issues that seem to be reoccurring issues for members right now are the affirmative attendance policy and sick leave, which were negotiated this last year at bargaining and are being enforced at TDF. I expect the state to print the contract as soon as it finds the money to do so. Therefore, I am having the contract changes in the problem areas printed for your benefit. Additions to the current contract are underlined and deletions are struck out. The equitable enforcement of policies has been a recent issue addressed at labor management. I hear people saying policies are not being enforced equitably, but people have failed to provide proof to the local that they are not. I am aware of use of time audits being done on random samples at TDF and employees being disciplined. I would advise everyone to read the policy, follow the rules, and conduct himself or herself in an ethical and professional manner.
Sincerely,
Travis L. Houzenga
Memoranda of Understanding/Side Letters
Affirmative Attendance Policy MOU
1. The Employer recognizes that personal problems may affect employee attendance and encourages utilization of the Personal Support Program.
2. Unauthorized absences shall be those absences for which time is not approved. The threshold between late arrival and unauthorized absence is one hour after the starting time. Although tardiness is not considered an unauthorized absence under this agreement, employees are expected to report to work on time each day as scheduled. Any negotiated tardiness policies shall remain in full force and effect during the life of the Master Agreement unless otherwise negotiated by the parties.
Where current practices exist, any unauthorized absence which is less than a ½ day will be treated under Article IX of the Master Contract as misuse of time inclusive of all other time related infractions (including late arrival, extended breaks and lunch hours, leaving work without authorization, etc.) as one progressive and corrective disciplinary track. However, such absences shall not be subject to #9 of this agreement.
3. Authorized dock time shall be granted when sick time has been exhausted if proper medical certification is provided within three (3) work days. It is the employee’s responsibility to provide medical certification to their supervisor. Documents that do not contain the necessary elements will not be accepted and the employee will be so notified. The absences shall be considered unauthorized if acceptable certification is not subsequently provided within five (5) work days.
Proper medical certification must contain the following elements:
a) Signature, address, and phone number of the medical practitioner (or the authorized designee);
b) The pertinent dates in question of the illness or injury;
c) An Indication that the employee was unable to work on the date(s) in question for the reasons of personal or family illness;
d) The original medical statement; if the employee needs a copy management will provide.
Notwithstanding the above, the Employer may accept an electronically generated statement with an electronic signature or a facsimile with cover page, as long as the necessary information is provided as set forth in 3(a), (b), (c) and (d).
Vacation, holiday, compensatory and personal business time shall be requested in advance, except in emergency situations and as set forth in Paragraph #5. If no personal business, vacation, holiday or compensatory time is available, authorized dock time shall be approved for emergency situations, subject to verification of the emergency situation.
4. Authorized dock time under these circumstances is limited to five (5) days within a twelve (12) month period, unless approval for more time is granted by the authorizing supervisor. Employees who have used all allowable authorized dock time shall be informed of their right to apply for an appropriate leave of absence. Employees who have been on proof status within the previous three (3) months shall have no right to authorized dock time.
5. All employees’ requests for benefit time usage must be supported by a request for time off form submitted by the employee. In accordance with agency practice, requests for available benefit time other than unscheduled sick leave, emergency personal business and inclement weather situations, shall be made reasonably in advance, in writing, using the proper form. Consideration of such requests shall be in accordance with the Master Agreement.
Where current practices exist, same day call-in requests for vacation, compensatory, and holiday time shall be made only when it is not possible to request such time in advance and in writing using the appropriate form. When an employee is claiming that it is not possible to request the vacation, compensatory or holiday time reasonably in advance in writing, the Employer has the right to inquire as to why it was not possible, although such inquiry may only be made when reasonable grounds exist to suggest abuse. Same day call-in requests for vacation, compensatory or holiday time shall not be denied unless a bona fide operating need exists to do so. Under no circumstances will such request be denied solely because a request is called-in on the day requested. The form must be provided to the supervisor no later than two (2) of the employee’s workdays after the employee’s return from the absence.
Supervisors must ensure that the form is readily available to the employee. Failure of the employee to provide this form may result in the absence being considered unauthorized, and the employee may be docked and disciplinary referral may be initiated. If the employee subsequently submits the form within two (2) of the employee’s workdays after notification of being docked, the determination of an unauthorized absence shall be corrected.
6. Supervisors must process all completed forms generated from call-ins within five (5) calendar days of submission, either approving or disapproving the request.
7. As long as the employee meets the applicable Leave of Absence requirements, the Employer will approve leave for the time frame documented, including request for short-term leaves.
It is the employee’s responsibility to provide proper medical certification to their supervisor. Documents that do not contain the necessary elements will not be accepted and the employee will be so notified. The absences shall be considered unauthorized if acceptable certification is not subsequently provided within five (5) workdays. Proper medical certification must contain the following elements:
a. Signature, address, and phone number of the medical practitioner (or authorized designee)
b. The pertinent date(s) in question of the illness or injury.
c. An indication that the employee was unable to work on the date(s) in question for reasons of personal or family illness.
d. The original medical statement must be submitted; if the employee needs a copy management will provide.
Notwithstanding the above, the Employer may accept an electronically generated statement with an electronic signature or a facsimile with cover page, as long as the necessary information is provided as set forth in 7(a), (b), (c) and (d).
8. Unauthorized absences shall be subject to the following corrective and progressive disciplinary action:
A.
Occurrence
Unauthorized absence with call-in
1st
Counseling
2nd
Oral reprimand
3rd
Written reprimand
4th
2nd Written reprimand
5th
1 day suspension
6th
3 day suspension
7th
5 day suspension
8th
7 day suspension
9th
10 day suspension
10th
15 day suspension
11th
20 day suspension
12th
Discharge
B. Each day of unauthorized absence shall be considered a separate offense for the purposes of progressive discipline.
C. Each day of unauthorized absence without a call-in shall be considered as two offenses, and appropriate progressive discipline shall be administrated pursuant to Paragraph 8.A. above.
Under this Affirmative Attendance Agreement, except for the last offense before discharge, no employee will serve any suspension time. Employees will be given the usual notice of a suspension but will be expected to report to work and lose no wages. An employee will only serve five (5) days of actual suspension time for the last offense prior to discharge.
D. The parties agree that this section does not alter the provision in Article IX of the Master Agreement regarding discharge for five (5) consecutive days of unauthorized absence with no call-in (XA).
9. Discipline will be considered timely and progressive based on a rolling 24-month period. If the last disciplinary action is more than 24 months old, the progression will start over.
10. Employees not covered by an Affirmative Attendance Agreement prior to the effective date of this agreement shall be considered to have committed no offense. Employees, who have discipline under a prior Affirmative Attendance Policy, shall be placed on the closest step of the discipline track for the same offense that does not represent an increase in the level of discipline.
11. The Employer recognizes that personal problems may affect the attendance of employees. Upon request by the local Union president or designee, employees will be afforded a joint Union/Management consultation at the last suspension prior to discharge. The purpose of such consultations will be to provide guidance and counseling to the employee as to the need for their services, the consequences of continued unauthorized absences, the ability of services for problems, specifically including PSP, which may be identified and the ability to request a leave of absence.
After training materials have been distributed to those Agencies previously not covered under an Affirmative Attendance Policy, the Employer will start the Affirmative Attendance Policy. Additionally, Agencies and the Union shall establish joint training program presentations in those Agencies previously not covered under an Affirmative Attendance Policy at the request of either party. In the event a training program is presented, the Employer will initiate the Affirmative Attendance Policy within one month upon completion of the presentation.
12. This agreement supersedes any other agreement(s) on this issue.
Section 15. Sick Leave
A. …For all bargaining units, supervisors may however, grant employee requests to use sick leave in increments of one-half (1/2) hour fifteen (15) minutes after a minimum use of one-half (1/2) hour. The Employer will not discipline an employee for legitimate use of sick days if taken within procedural guidelines…
…Abuse of sick time is the utilization of sick days for reasons other than those stated in the Collective Bargaining Agreement. Visits of two (2) four (4) days per year to a Veterans' hospital or clinic for examination needed because of military service connected disability shall be in pay status without charge to sick leave.
B. Guidelines on Proof Status. At the time an employee is placed on proof status, the Employer will submit to the employee, in writing, the reasons for placing the employee on proof status. The amount of usage of sick time alone shall not be the basis for placing an employee on proof status. Proper medical certification must contain the following elements:
a. Signature, address, and phone number of the medical practitioner (or authorized designee)
b. The pertinent date(s) in question of the illness or injury.
c. An indication that the employee was unable to work on the date(s) in question for reasons of personal or family illness.
d. The original medical statement must be submitted; if the employee needs a copy management will provide.
Notwithstanding the above, the Employer may accept an electronically generated statement with an electronic signature or a facsimile with cover page, as long as the necessary information is provided as set forth in (a), (b), (c) and (d).
An employee, not on proof status, who utilizes sick leave may, at the employee’s discretion provide medical certification for any such absence and have such certification included in his/her supervisor’s file. Absences for which medical certification has been provided shall not be a consideration in the determination of whether or not to place an employee on proof status.
P. S. Remember that sick leave is used for illness, disability, or injury of the employee, appointments with a doctor, dentist or other professional medical practitioner or death of a member of an employee’s immediate family or household (includes grand-relations, parent-in-laws, and child-in-laws).
Monday, February 2, 2009
People Conference
1/31/2009
Governor Pat Quinn and US Representative Phil Hare were guest speakers this year. Both speakers were inspiring and optimistic about issues despite the current state of affairs for our state and nation. Henry Bayer, Executive Director Council 31, expressed concern over developments in other states due to budget problems. Major take backs are being requested at the cost of current and past employees, pay , benefits, vacation time, furloughs, layoffs, pensions, and retiree health insurance. Governor Pat Quinn when speaking about the State of Illinois stated, “[This is] the most serious budget crisis ever”. The governor is soliciting help on all issues at http://www.reformillinoisnow.org/. The consensus seems to be that budget cuts will not fix the problem; the state needs new sources of revenue. In a practical sense, this means increasing taxes. For more information on the budget and solutions go to http://www.ctbaonline.org/.
The 2009 Legislative Agenda for AFSCME Council 31 PEOPLE includes:
Address revenue shortfalls in state and local government
Adequate staffing levels for state agencies
Oppose facility or site closures or downsizing
Ban forced overtime
Funding COLA for direct care workers in community agencies
Adequate funding for state universities
Protect public employee pensions and retiree health care benefits
Address inequities in pension systems
Fight privatization of public services and assets
Improve health care quality and access
Oppose efforts to reduce care and services for individuals with mental illness and developmental disabilities.
Restore and expand union rights
Bring greater equity to Unemployment Insurance program.
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