MSEA News, Jan-Feb 2014

MSEA

NEWSJAN/FEB 2014

VOLUME 24, ISSUE 1

LOCAL 5AFL-CIO

Civil Service Commission deadlocks,

then approves contracts for state employees.

(l-r): MSEA President Ken Moore and legal counsel Brandon Zuk testify regarding unitspecific contracts. Coalition spokesperson, UAW vice president Cindy Estrada, told theCivil Service Commission as the audience applauded, “It’s not fair when state workers

are villified!” (pgs. 12 &13)

Michigan State Employees Association AFSCME Local 5, AFL-CIO

2012 - 2015 State Board of Directors

Executive Council

President: Ken Moore

Vice President: Dan Matthies

Secretary: Brenda Kafer

Treasurer: Randy Jecks

Alternate

Region Directors Region Directors

Neil Seelig Region I Vacant

Edward Drier Region II Patricia Kitchen

Thomas Kelley Region III Cathy Connolly

Jeffrey Hemmelsbach Region IV Mark Baker

Paul Buchler Region V Michael Walker

Michael Morey Region VI Bryan Martin

Daniel Bumford Region VII Terry Swisher

Joseph Lake Region VIII Sylvester Berry, Jr.

Kevin Kotzian Region IX James Hedrick

Matthew Roback Region X James Guest

MSEA Staff

Administrative Assistant:

Nancy Durner, ext. 110

Accounting Assistant/Computers:

Kari Wilson, ext. 125

Communications Director:

Karen Murphy, ext. 122

Labor Relations Coordinator:

Joan Bush, ext. 116

Labor Relations Specialist:

Fidencio “Frank” Gonzales, ext. 121

Labor Relations Specialist:

Richard Ransom, ext. 111

Assistant to the President:

Tammy Voigt, ext. 113

Contact Us

Lansing Area Phone: (517) 394-5900

Toll Free: 1-800-228-5901

Fax: (517) 394-4060

Website: www.msea.org

LOCAL NEWS

2 MSEA NEWS JAN/FEB 2014

IN MEMORIUM

Former Lt. Gov. Connie Binsfeld, age 89, passed away on January 12, 2014. Binsfeld, a Republican, was the first woman to hold leadership posts in Michigan’s House, Senate and execu-tive branch. She served two terms as lieutenant governor under former Gov. John Engler, from 1991 through 1998. She declined to run again when Engler successfully sought a third term. Anative of Munising in Michigan’s Upper Peninsula, Binsfeld lived on Leelanau County’s Glen Lake. She began her political career as a Leelanau County commissioner and was elected to the Michigan House in 1974. She served four terms there and in 1982 won a seat in the Senate. She also served 10 years on the

Great Lakes Commission. A champion of children’s issues, Binsfeld led commissionson adoptions and the state’s child welfare system. The Binsfeld Children’s Commissionproduced 197 proposed reforms, many of which were enacted.

John C. “Jack” Dempsey, age 71, passed away on

January 10, 2014. He was AFSCME’s former general counsel who retired last March after serving with distinction for nearly four decades. “Brother Dempsey served the union with distinction for 38 years,” said Pres. Lee Saunders. “Much of our success is attributable to his ability to creatively problem solve while keeping the interests of the union and our members central in his work.” Dempsey played a major role in the affiliations of dozens of independent associations with AFSCME. He also played a leading role in designing and strengthening no-raid and organizing-

responsibility procedures that did much to eliminate inter-union battles that harmed thelabor movement. Dempsey was also active with Irish-American organizations. After aMass to commemorate his life, an Irish celebration was held at his favorite pub.

MSEA extends sincere sympathy to:

...Region VIII Alt.Director SylvesterBerry, Jr., on thedeath of his niece,Janise Berry-Coley.

...Region VII DirectorDan Bumford and hiswife Sandy on thedeath of her mother,Lyn Oliver.

...Richard White (VIIIDOC) on the death ofhis father, Reed A.White.

REQUIREMENTS FOR FILING A GRIEVANCE:Article 8, MSEA Primary AgreementArticle 8 of MSEA’s Primary Agreement details requirementsfor properly filing a Grievance. This is only a summary whichis not meant to replace Article 8 in the current MSEA contract.Please refer to the contract for specifics.EmployeeGrievances must be filed within 15 week days from the datethe employee knew OR SHOULD HAVE KNOWN of the infrac-tion.Step OneThe employer has 10 days to answer at Step One.--The employee has 10 days from answer or absent a StepOne answer, 10 days from the time the First Step Answer wasDUE to appeal to Step Two.Step TwoThe employer has 15 days to Answer at Step Two.--IF a Step Two meeting is held, such a meeting must takeplace within 15 days of the Employer’s receipt of the appeal toStep Two. The Step Two Answer is then due within 10 days ofthat meeting.Grievance to MSEAThe employee must then IMMEDIATELY request, in writing,that the matter be considered by MSEA’s Litigation andArbitration Committee. Only MSEA may appeal a Grievanceto arbitration and such MUST be filed within 45 week daysfrom the time the employer’s Second Step Answer wasreceived or from the date the employer’s Answer WAS DUE.NOTE: This is the most common time issue. MSEA has tosubmit appeals to the Lit and Arb Committee which only

meets once a month.Litigation and Arbitration CommitteeGiven MSEA’s Request for Arbitration procedure, MSEA’sappeal procedure, and Demand filing deadlines, the employ-ee’s written request for consideration by the Lit and ArbCommittee MUST be forwarded to the office as soon as possi-ble.--Arbitration & Litigation requests MUST have a cover let-ter attached specifying that it’s an Arbitration & Litigationrequest. --Failure to timely and appropriately submit a Grievance andits supporting documentation may result in the Grievancebeing considered untimely/improperly filed.

ALL ISSUES OF THE AWARD-WINNING

MSEA NEWS ARE AVAILABLE ONLINE at: www.msea.org

If Internet access isn’t available, members can go totheir local library and catch up on union news via

MSEA’s website. If you need help registering, contact

Karen Murphy, Communications Director, at: (517) 394-5900 ext. 122

PUBLICATION OF MSEA NEWSPlease note the publication schedule for the MSEA News.Printed/mailed issues are February, May, August, October andDecember (required financial issue includes mailing to fee payers). Allother monthly issues will be posted on the MSEA web site only.

Know YourMSEA Rights!

(If called to a meeting with management, read the following to management or present the card

before the meeting starts.)

If this discussion could in any way lead to mebeing disciplined or terminated, or issued a less

than satisfactory service rating, I respectfullyrequest that my union representative, officer, or

steward be present at this meeting. Without representation present, I request that this meeting

be postponed until such time as I have representation present.

MSEA News (ISSN 0747-2587USPS 594-900) is published inFebruary, May, August, October and December by the Michigan StateEmployees Association, 6035 Executive Dr., Lansing, MI 48911.Periodicals postage paid at Lansing, MI. POSTMASTER: Sendaddress changes to: MSEA News, 6035 Executive Dr., Lansing, MI48911.

www.msea.org 3

MSEA RETIREES--WE NEED YOU!Get involved in your union!

Retirees are valuable assets

and MSEA is working for you.

The cost for retirees to belong

to MSEA is just $12 a year as

stated in the MSEA Constitution:

Article VI, Section 8: Any retired

Union member age fifty (50) years or older or with at least

ten (10) years of membership, or a disabled Union member,

shall be entitled to retain membership in the Union for $1.00

per month, to be paid in advance at the rate of $12.00 per

year. Retiree’s dues are to be pro-rated from the date of

retirement to the next January 1st. Thereafter, the retiree’s

dues shall be payable on January 1st, with thirty days

advance notice given by MSEA Central Office.

By paying your retiree dues of only $12 per year, you

will continue to receive the MSEA News.

Please make checks payable to Michigan State

Employees Association and mail to: MSEA Central

Office, 6035 Executive Dr., Suite 104, Lansing, MI 48911

2014 Litigation & Arbitration DatesJan. 10 & 11, Feb. 7 & 8, Mar. 7 & 8, Apr. 4 & 5, May 2 & 3, June 6 & 7, July 11 & 12, Aug. 1 & 2, Sept. 12 & 13,Oct. 3 & 4, Nov. 7 & 8 and Dec. 5 & 6.

AWESOME MITTENA territory since 1805, Michigan was admitted to the Union as the 26th state on January 26, 1837. This year, the annual Statehood Day celebration also honors the 70th anniversary of D-Day and Michigan’s role in

World War II. Go to MSEA’s Facebook page for“Decorate Your Mitten Cookie.” The Michigan cookiecutters are made in the U.P.!

STRONGER TOGETHER


Jamie Brandt (II DOC), a licensed plumber with the Dept. of Corrections, stood up for himself and his fellowco-workers when the Warden tried to bully him out of filing a grievance regarding an on-going workplace issue.

With the assistance from the labor representatives at MSEA Central Office, an Unfair Labor Practice (ULP) wasfiled and upheld by the State of Michigan Civil Service Commission. The hearing officer found that the DOCcommitted a ULP when it interfered with a bargaining unit member in the exercise of his rights as granted byCivil Service rules. To remedy this finding, the DOC was ordered to prominently post a Notice of Violation at allMichigan DOC worksites for a period of six months (see below).

Brandt had been dealing with an on-going problem concerning plumbing augers--also referred to as “snakes,”tools used to clean out clogged drains and stopped-up toilets. The plumbing augers would appear in theresidential units with no identification number indicating to whom or where they belonged. These are tools thatMSEA strongly believes should be locked up in the tool box or work area utilized by the plumbers, with safetybeing the primary concern for staff as well as clients of the facility.

After attempting to address this issue numerous times, Brandt indicated to the inspector that he would haveto file a grievance regarding the issue. Approximately 45 minutes later, Brandt was told to report to the DeputyWarden’s office immediately. Upon arrival, he was met by the Warden who slammed the door and demandedthat he have a seat. The Warden proceeded to act out in a fit of rage and then asked Brandt what his problemwas in regard to wanting to file a grievance. This bully tactic did not stop Brandt from standing up for his rightsand fellow MSEA bargaining unit members. In addition to the ULP charge which was filed and upheld, a griev-ance was filed on the use of the auger and is scheduled for arbitration in March 2014.

This type of bully management style can only be stopped if we stand united as Brother Brandt did and say,“Enough is enough!” Solidarity Forever!

NOTICE OF VIOLATION“Be advised that the undersigned has deter-

mined, following a hearing, that the respondentMichigan Department of Corrections has beenfound to have committed an unfair labor practice byinterfering with the right of a state employee to file agrievance in violation of Civil Service Rule 6-11.1,Coercion, which states as follows:6-11 Unfair Labor Practice for the Employer6-11.1 Coercion

It is an unfair labor practice for the employer tointerfere with, restrain, coerce, discriminate against,or retaliate against employees in the exercise ofrights granted by these rules.

The above rule protects the right of all stateclassified employees to file and to pursue griev-ances and grieve appeals without interference orfear of retaliation, coercion or discrimination. Therespondent Michigan Department of Corrections isordered to CEASE AND DESIST from any futuresuch violation of Civil Service Rule 6-11.1.

This notice shall be prominently posted at allMichigan DOC worksites for a period of six monthsfrom the mailing date of this decision.Signed by William P. Hutchens, Hearing Officer”

www.msea.org 5

Honoring His Life and Legacy

The Martin Luther King Jr., National Memorial Washington, DC

This is the first Memorial along the National Mall to be dedicated

to an African-American and to a non-president. The Memorial conveys three themes that were central throughout Dr. King’s life: Democracy, Justice and Hope. The 30-foot sculpture of Dr. King was carved from 159 granite blocks that were assembled to appear as one piece. There is also a 450-foot wall, made from granite panels, that is inscribed with 14 excerpts from Dr. King’s sermons and public addresses to serve as living testaments of his vision of America.

It took 15 years to create the federal Martin Luther King, Jr., Holiday. Congressman John Conyers, Democrat from Michigan, first introduced legislation for a commemorative holiday four days after Dr. King was assassinated in 1968. Finally, in 1983, Congress passed and President Ronald Reagan signed, legislation creating Martin

Luther King, Jr. Day on the third Monday in January. The MLK Day

of Service was initiated by Congress in 1994 and has been developed beyond a federal holiday honoring Dr. King into a national day of community service.

FEBRUARY ISBLACK HISTORY MONTH

A federal judge on Feb. 5 ruled that parts of a law blocking graduate student research assis-tants (GSRA) from joining a union are unconstitutional, according to Associated Press reports. The state Legislature

passed the law in 2012 when graduate studentsat the University of Michigan were attempting toorganize. Senate Minority Leader GretchenWhitmer (D-East Lansing) said in a statementthat she had opposed the law when it wentthrough the Legislature.

”Unfortunately, rather than ensuring they wereupholding their oath to the Constitution, myRepublican colleagues simply chose to brushthose concerns aside and pass this bill into lawas quickly as possible to avoid public scrutiny,”Whitmer said.

Progress Michigan sent out a statement fromAndrea Jokisaari, a GSRA who serves as chair ofthe Graduate Employee Organization’s GRSAcommittee.

“We’re gratified the judge ruled that the lawtargeting GSRA’s rights to organize is unconstitu-tional. We still firmly believe that GSRAs areworkers entitled to protections under the law,including the right to have a union should theydecide to organize,” Jokisaari said.--edited from MIRS

As this issue goes to print, the United Auto Workers (UAW) and its president, Bob King, could score a huge victory for organized labor if 3,200 workers at Volkswagen’s Chattanooga, Tenn., plant vote to unionize. The election will be

supervised by the National Labor Relations Board. Ifthe plant becomes unionized, it will be a possible firststep in opening up the non-union South for organizingcampaigns underway at Nissan auto plants inTennessee and Mississippi, and a Mercedes-Benzplant in Alabama. A UAW defeat would be a huge set-back for labor.

Volkswagen previously stated that it’s neutral aboutthe issue, but is already used to union-style representa-tion at most of its auto plants. In a statement,Volkswagen said it favors the formation of a “workscouncil,” which the UAW and Volkswagen are propos-ing to establish. In Germany, the works council repre-sents employees on a wide range of internal matters.The union negotiates working hours, compensation andbenefits. Tennessee has been a Right-to-Work statesince the 1940s.

“Our employees are free to discuss and state theiropinions at the plant and to distribute campaign materi-als, including flyers and other literature, irrespective ofwhether they are in favor of or against a union,” saidVolkswagen Chattanooga Vice President of HumanResources Sebastian Patta.

6 MSEA NEWS DEC 2013

6


Gov. Rick Snyder didn’t declare his candidacy during the January 16 State-of- the-State address at the Capitol, but he was clearly running for re-election. The governor’s address was called “The Comeback Continues,” and was relentlessly positive. There was information that was conveniently omitted and more spin than a Maytag dryer. As Karla Swift, Michigan state president of the AFL-CIO, pointed out in a Detroit News editorial: Michigan still has the third highest unem-loyment rate in the country. Michigan is on track to be 49th in projected job growth; only Maine has worse prospects. Manufacturing gains are almost exclusively in the auto industry and are due to workers cooperating with management to turn the companies around. Seniors, students and working families are still bearing the burden of a billion dollar tax giveaway to unaccountable cor-porate special interests.

“Snyder’s corporate tax breaks have failed to improve Michigan’s economicoutlook, and they came at the expense of education and other programs thatare necessary for future success and growth,” said Swift. “Snyder can’t run for re-election based on his record, so he used his State-of-the-State address to run from his record. But working families know when their interests are being ignored.”

Comeback Kid or Kid Crock? Gov. Rick Snyder kicked off his re-election bid with a Hollywood-produced Super Bowl television ad that was estimated in the $700,000 range. The ad ran in select Michigan areas and calls Snyder the “Comeback Kid” which Democrats immediately mocked and suggested that the governor instead be called “Kid Crock.” Snyder entered the 2010 Michigan governor’s race as a relative unknown before a Super Bowl ad made “One Tough Nerd” a household nickname.

Opponents of the governor say that Snyder’s taking credit for Michigan being the state that has recovered the most since the great Recession is a farce and that, when you scratch the surface, things aren’t all that rosy.

The Snyder re-election campaign planned a six-stoptour the week following the Super Bowl which Democrat

Mark Schauer’s gubernatorial campaign called the “SnyderRebranding Tour.” Retirees and workers from all over the state in Detroit, Lansing and Grand Rapids rallied to pro- test Snyder’s anti-middle class agenda.

“Republican Rick Snyder’s Super Bowl ad was clearlya super big waste of money,” said Lon Johnson, Michigan Democratic Party Chair. “Snyder’s campaign spentover a million dollars putting this ad on the air, and couldn’t even come up with 30 seconds of true statements.Now Snyder is traveling all over the state trying to rebrand himself, but Michigan families know the truth andwe’re not buying it...Michigan needs a governor who will work to strengthen our economy so it works for every-one, not just the wealthy and the well-connected.”

AROUND THE STATE

Progress Michigan introduced a“Fake Snyder,” played by an actorwho pre-empted the governor’sState-of-theState address with onecalled Snyder Fails.

(l-r): MSEA VP Dan Matthies; MSEA staff Kari Wilson;Michigan Democratic Party chair Lon Johnson; and MSEAstaff Frank Gonzales rally at Two Men and a Truck head-quarters in Lansing, the second stop on Gov. RickSnyder’s six-city campaign tour.

Democrats: Working Families Need More Help In FY 2015 BudgetMichigan Democrats said that Gov. Rick Snyder’s proposed Fiscal Year (FY) 2015 budget, which he presentedat a joint House-Senate Appropriations Committee meeting on February 5, won’t do enough to help middle classfamilies that previous budgets have hurt. House Democrats were hoping the governor would use the nearly $1billion in surplus to help middle-class families, seniors and others affected by the sweeping tax changes in 2012.Michigan residents are now paying 31.5 percent more in income taxes due to the elimination of numerous taxcredits, the implementation of the pension tax and the tax burden shift away from big corporations.

www.msea.org 7

HUG A SNOW PLOW DRIVERIt’s not easy being a snow plow driver in Michigan this winter: Non-stop

hours, dangerous road conditions, below zero temperatures and gale-forcewinds. The winter of 2013-14 is shaping up to be one for the record books.There was the ice storm that slammed mid-Michigan right before Christmas,causing massive headaches with entire sections of the state enduring poweroutages for days. We had barely recovered from that blast when we werehit with a blizzard during the first weekend in January that shut down stategovernment in Lansing for the first time in at least 35 years.

Gov. Rick Snyder declared a weather emergency, but essential workerswere on the job, helping to keep us safe. Those workers included MichiganState Police, corrections officers, snow plow drivers with the Dept. ofTransportation (MDOT), and DTMB employees monitoring the state’s datacenters, as well as infrastructure protection staff.

So far, there doesn’t seem to be an end in sight as the snow continues to pile up while the state runs out of propane and road salt, and the schools run out of snow days. Phil, the groundhog, came out of his burrow on Super Bowl Sunday. He saw his shadow, fell into a snowbank and decided to go back to bed for six more weeks. So a big “Thank-You” to all the hard-working folks this winter who are working for us...and working for Michigan! MSEA represents MDOT snow plow drivers and the Osceola County Road Commission.

President Barack Obama visited Michigan State University (MSU) on Feb. 7 to sign the Agricultural Act of 2014 into law, also known as the Farm Bill.

“In spite of its name, the Farm Bill isn’t just about helping farmers,” Obama said. “There are many parts to it--like a Swiss army knife.”

U.S. Sen. Debbie Stabenow (D-Lansing), chair of the U.S. Senate Agriculture Committee, was the driving force for the legislation.

“This isn’t your father’s Farm Bill,” Stabenow said in a press release. “It’s a bill for our future that grows our agricul-

ture economy, helps provide greater access to healthy Michigan-grown foods, preserves our land and water, and cuts unnecessary spending.”

PRESIDENT OBAMA VISITSMSU, SIGNS FARM BILL

(clockwise): MSU students listened to President Barack Obama before thesigning of the Farm Bill; (l-r): MSEA President Ken Moore, MSEA VP DanMatthies and gubernatorial Democratic candidate Mark Schauer; U.S. SenatorDebbie Stabenow attended the bill signing along with members of theMichigan congressional delegation.

WHAT THEY’RE SAYING...Thanks and gratitude to the manyRegion VIII DOC members whohave kindly donated annual leaveto help a union brother whose family has had a very rough year.--MSEA President Ken Moore

--Your union represents you innegotiations with the state so youdon’t have to do it on your own.--Your union negotiates paid holidays for you.The next paid holiday, ask the clerkwhere you’re shopping if they’regetting paid for the holiday or get-ting time and a half. Maybe thosemembers who think they don’tneed our union will wake up andsupport us!--Region IX, LARA

Some of the prisoners are threat-ening workers if they don’t get bet-ter food...there’s going to be a riot.--Region II, DOC

NATIONAL NEWS


In his fifth State of the Union address before a joint session of

Congress on Tues., January 28, President Barack Obama called for a “Year of Action”--if not by acts of Congress, then through his own executive powers. Michigan was represented at the address by a Detroit business owner, Andra Rush, a descendent of the Mohawk tribe, who is founder and CEO of the Rush Group, one of the largest Native-American owned companies in the country. The president also highlighted new General Motors CEO Mary Barra and spoke about the need to build “new ladders of opportunity.” Both Rush and Barra attended the State of the Union address as guests of First Lady Michelle Obama.

AFSCME President Lee Saunders issued the following statement in response to President Obama’s Stateof the Union Address:

"Tonight, President Obama presented a comprehensive plan to move our country forward, create jobs andprotect vital services for millions of Americans, with a focus on meaningful economic opportunity. Too often,opportunity comes with an inadequate wage for those who are unemployed and that exacerbates incomeinequality in our nation. Earlier today the President took the first step to address this issue by raising the mini-mum wage for new government contract workers through executive order. Now, Congress must heed his calland we must raise the minimum wage so that all Americans may live and prosper, not live in poverty.

We hope that the Congress will work with the President to take other steps to address the growing incomeinequality that hampers meaningful economic recovery in our country. This is the defining challenge of our timeand we must rise together to meet it.

Combatting income inequality also means empowering workers to bargain for better pay and secure benefits.When unions are strong, all workers benefit. Sadly, the nationwide attacks on collective bargaining persist, asdeep-pocketed, anti-worker forces systematically target unions. Their efforts to undo collective bargaining weak-en all workers."

As of December 28, 1.3 millionAmericans immediately lost all theirunemployment insurance when theEmergency UnemploymentCompensation program expired. Theresult? 1.6 million Americans are strug-gling to put food on the table, heat theirhomes and pay their bills weeks afterthey lost this lifeline. If Congress doesnot act now, 3.6 million more peoplecould lose benefits in 2014. In aspeech on the House floor, U.S. Rep.Gary Peters (D-District 14) called on hiscolleagues to put aside partisan politics,and come together to do the right thingfor Michigan families, families acrossthe country and for the economy.

The National Labor Relations Board (NLRB) has proposed rules that would allow unions to hold workplace elections more quickly by simpli-fying procedures, setting shorter deadlines and requiring businesses to hand over lists of employee phone numbers and emails to union leaders before an election. The NLRB approved similar rules more than two years ago, but busi-

ness groups challenged them in court and a federal judge ruled in2012 that the NLRB failed to follow proper voting procedures. Thejudge left the door open for the NLRB to try again which they did onFeb. 5 with three Democrat members approving and two Republicansopposed.

The NLRB said in a statement that the proposed rules are aimed at“modernizing processes, enhancing transparency and eliminatingunnecessary litigation and delay.” Businesses are opposed to the newrules because they say the shorter time frames won’t give employersenough of a chance to counter union organizers. Most labor electionstake place within 45-60 days after a union gathers enough signaturesto file a petition. The new rules could significantly cut that time.

The NLRB will review all of the comments filed in response to theproposed rules and allow 60 days for the public to submit new comments.

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NATIONAL NEWS

“We Must Address Income Inequality in America”--We need an economy that works for everyone, not just the wealthy few.--There is a lack of opportunity for working people and the system is rigged in favor of the powerful. It's not that Americans are jealous of those who are successful, we are angry about abuse of power by those at the top.--When unions are strong, all workers benefit. Sadly, the nationwide attacks on collective bargaining persist, as deep-pocketed, anti-worker forces systematically target unions.--America is the land of opportunity. We must ensure that the playing field is leveled so that the middle class does not continue to suffer while the rich get richer.--The absence of collective bargaining leads to greater wage inequality. --On average, employees represented by a union make about $200 more per week than

their non-unionized counterparts. --In "Right-to-Work" states, where employees cannot be required to pay union dues as a condition of theiremployment, workers get paid less than the rest of the U.S. --Thirty years ago, workers claimed over 60 percent of national income. If such were the case today, the 120 mil-lion American workers employed in the private sector would have received over $5,000 extra per worker. --Collective bargaining also lifts wages and benefits for those not directly covered. --For women, if union participation had remained at the same level as 30 years ago, wage inequality amongwomen in the private sector today would be reduced by 30 percent. --For African-American men in the same scenario, their annual income would have seen an increase of approxi-mately $2,600 a year. --Union decline explains one third of the growth in inequality--an effect equal to the growing stratification of howmuch people earn based on their level of education. --Unions have the power to reshape income inequality by negotiating better wages, benefits and hours. --When unions are strong, there is greater civic support for crucial programs such as quality, affordable healthcare and pension plans. There is also a significantly reduced risk of workers living at the poverty line.

Controversy is building over a U.S.Postal Service (USPS) trial program,called the “Retail Partner Expansion,”that began in November 2013 in 80Staples stores across the country. Theprogram staffs “postal” counters inStaples stores with non-postal employ-ees. The deal threatens good-payingunion jobs and jeopardizes public postoffices. The American Postal WorkersUnion (APWU) is demanding that postalemployees be assigned to perform thepostal work at Staples stores. If Staplesand the USPS refuse, the APWU willask customers to take their businesselsewhere.

A leaked PowerPoint presentation provides Walmart managers with talking points to dis-courage workers from joining a union. The PowerPoint instructs managers to remind

workers that union-backed groups aren’t trying to help them--they’rejust looking to take their money. The United Commercial Food Workers(UCFW) union has played a big role in attempting to organize Walmartworkers. The UCFW has called attention to Walmart’s low pay andpoor working conditions. They say that if Walmart and other low-wageworkers don’t have the right to organize, they’ll never escape the tensework environment that makes them afraid to speak up.

The Lilly Ledbetter Fair Pay Act of 2009 was the first bill signed into law by President Barack Obama on Jan. 29, 2009. The law is named after a woman who discovered that her employer, Goodyear, was paying her less than men doing the same job. To make sure that people can effective- ly challenge unequal pay, the Act amends the Civil Rights Act of 1964 so that unfair pay complaints

can be filed within 180 days of a discriminatory paycheck--and that 180days resets after each paycheck is issued.

“It is important in our country that we are paid equitably and fairly,”Lilly Ledbetter said. “It is a family affair to be paid properly. It’s the dif-ference between paying tuition, your mortgage or putting food on yourtable.”

AFSCME PresidentLee Saunders

RIGHT-TO-WORK


“We must guard against beingfooled by false slogans, suchas ‘Right to Work.’It is a law to rob us of our civil rightsand job rights. Its purpose is todestroy labor unions and the free-dom of collective bargaining.Wherever these laws have beenpassed, wages are lower, job oppor-tunities are fewer and there are nocivil rights. We do not intend to letthem do this to us.”--The Rev. Martin Luther King, Jr.

Politico Magazine recently came out with anew ranking of the 50 states. They compiled 14different state rankings from sources like theCensus Bureau, the Centers for Disease Controland Prevention, and the FBI. Important factorssuch as high school graduation rates, per capitaincome, life expectancy and crime rates wereranked and then each state’s rankings were aver-aged to come up with a master list.

The results suggest the opposite of corporateclaims that Right-to-Work (RTW) states are doingbetter than others. According to Politico, 4 of the 5 best states to live inare non-Right-to-Work. In order, they are New Hampshire, Minnesota,Vermont, Utah and Massacusetts. RTW states account for 8 of the 10worst states, and all 5 of the 5 worst states. In order from 46th-50th:Alabama, Tennessee, Arkansas, Louisiana and Mississippi. Michiganranked 36th. University of Oregon labor scholar and EPI research associ-ate Gordon Lafer points out how there is relatively poor quality of life inRight-to-Work states, on average, compared to states that don’t restrictunion contract rights.

Sen. Arlan Meekhof (R-West Olive) issponsoring Senate Bill 0743 whichwould make State Bar of Michigan(SMB) membership optional forlawyers. Meekhof says what’s beingproposed is a reduced payment, sothat lawyers would have to pay forSBM’s enforcement and section fees,but could skip dues that go toward lob-bying or political matters. The MichiganFreedom Fund, a big fan of Right-to-Work, called on the Legislature to actquickly on the bill. However, the SBMsaid in a statement that mandatory barassociation was good for taxpayersand “the most cost-effective way toregulate the legal profession and pro-tect the public.” The bill has beenreferred to Senate Majority LeaderRandy Richardville’s GovernmentOperations Committee. The State Barhas also asked the Michigan SupremeCourt to examine the issue. A report isexpected by June 2014.

MICHIGAN UNION MEMBERS HOLD STRONG IN 2013In its annual report on the subject, the U.S. Bureau of Labor Statisticsfound that Michigan’s union membership increased by 4,000 in 2013,although the percentage of workers who are members of unions wasdown slightly from 16.6 to 16.3 percent.

“In spite of repeated attacks on working people and their right toorganize by Gov. Snyder and Republicans in the statehouse,Michigan workers recognize the value of union membership,” saidMichigan State AFL-CIO President Karla Swift. “Collective bargainingis the backbone of the middle class and workers in our state will con-tinue to come together and raise their voices on the job.”

Swift said the numbers are proof that organized labor is holdingstrong in spite of the 2012 passage of Right-to-Work legislation,which makes union membership optional.

Michigan ranks sixth among the states for the percentage of its work-ers in a union. New York has the largest percentage of its workforcein a union at 24.2 percent, followed by Alaska (23.1 percent), Hawaii(22.1 percent), Washington (18.9 percent) and Rhode Island (16.9percent). North Carolina has the lowest at 3 percent.

The full impact of Michigan’s RTW law hasn’t been felt yet. The lawdidn’t affect existing contracts and many unions extended contractsbefore the law took effect in late March 2013.

www.msea.org 11

White Shirt Day has been celebrated in Flint every Feb. 11 since 1948 to mark the end of the Sit Down Strike of 1936-37. On Feb. 11, 1937,General Motors agreed, for the first time, that it would recognize the United Auto Workers (UAW) as bargaining agent for its hourly workers. The agreement came after a historic 44-day strike that began in Flint andultimately affected 150,000 workers and closed more than 60 plants in 14 states. Workers wear white shirts to send the message that blue-collar workers deserve the same respect as their management counterparts.

This year, about 400 workers rallied at UAW Local 599 in Flint and spoke out against Michigan’s Right-to-Work law and how it affects unions and families. Democratic candidate for governor Mark Schauer got loud applause for his remarks at the rally: “I stand before you today on White Shirt Day--the son of a teacher and the son of a nurse--and a proud card

carrying, dues paying union member. The best way to stand up for what’s right is by sitting down. This day isabout looking forward toward a better future.”

The National Right to Work Committee (NRTWC) has asked the U.S. Supreme Court to hold that public employee unions are unconstitutional. Clients of the NRTWC are home care providers paid by the state of Illinois with federal state Medicaid funds.

Though they get state pay-checks, they’re selected and supervised by the familiesthey serve. But the NRTWC lawyers have asked theCourt to hold that permitting unions to collect fees forrepresenting non-members, the so-called “agency fee,”violates the First Amendment. The argument againstpublic-sector agency fees is this: Since public employ-ees work for government, everything they bargainabout is political. Higher wages, better benefits, newwork rules--all affect the state budget. Assessing feesfrom non-members thus requires them to pay for politi-cal speech. All the expenses, in other words, are non-chargeable.

The four Democratic Court appointees referenced35 years of labor law as precedent. U.S. JusticeStephen Breyer suggested that the NRTWC wants theCourt to:1. Hold that public employees cannot have unions or2. Their unions can exist, but can’t bargain about

wages and benefits or3. The courts of the United States are going to fashion,

using the First Amendment as their weapon, a new special labor law for government employees.

Millions of public employees are watching this caseclosely--collective bargaining rights are in jeopardy.

--edited from The Atlantic

The Michigan Supreme

Court will consider whether or not Michigan’s Right-to-Work (RTW) law applies to state employees and if employees hired before 1997 can be required to make contributions to their pensions. The Coalition of

State Employee Unions is challenging the RTW law.The unions had asked the Michigan Supreme Court totake up the case last September after a divided panelof the Michigan Court of Appeals upheld the law.Union attorneys had argued the Michigan Civil ServiceCommission (CSC) has exclusive authority to setemployment conditions for state workers and legisla-tors overstepped their constitutional bounds in applyingthe law to state employees.

Justices will hear the case the same day they takeup a challenge to a 2011 law which made changes tothe state’s employee pension system. Unions won apartial victory last August when the Michigan Court ofAppeals concluded that a provision of the law requiringstate employees hired before April 1997 to contribute 4percent to their retirement or switch to a 401(k) wasunconstitutional. The Court of Appeals declined tostrike down the entire law, instead asking the trial courtto consider if that provision could be removed from thelaw without affecting the entire statute. Attorneys rep-resenting the state appealed the decision to theMichigan Supreme Court.

The Court plans to hear the two cases togetherbecause both involve the constitutional authority of theCivil Service Commission. An argument date has notyet been scheduled by the court.

RIGHT-TO-WORK


On January 15, the Civil Service Commission

(CSC) gave state employees “a slap in the face,”according to Commissioner Robert Swanson.Members of the CSC voted 3-1 to approve stateemployee contracts which had been extended sincetheir meeting on Dec. 18, 2013, when the CSC dead-locked on the impasse panel’s recommendations.Swanson said it was a “travesty,” and explained thathe was reluctantly changing his “No” vote to “Yes”because it would be far worse to leave state employ-ees with no contracts and no pay increases if theimpasse panel’s recommendations weren’t approved.Commissioner Charles Blockett remained a “No” voteas he was in December.

“During contract negotiations, the Employer wasfocused on wringing still more health care concessionsout of state employees,” said MSEA President KenMoore, noting that the state is expecting a projected$1.2 billion budget surplus.

“Michigan is fortunate to have such a highly skilledand dedicated workforce,” said Swanson. “Stateemployees have stepped up time and again. And contrary to what the Employer is saying, the StateBudget Director has indicated this isn’t just a one-timesurplus.”

Commissioner Swanson expressed his disappint-ment with the negotiations and the failure of theEmployer to reach agreement with state employeeunions. Coalition spokesperson and UAW VicePresident Cindy Estrada, and Office of the StateEmployer (OSE) Director Jan Winters gave conflictingtestimony to the CSC about health care spendingcosts.

The Commission’s vote came after they gave theparties time to confer after reviewing hard health caredata that wasn’t available during bargaining andimpasse proceedings despite the unions’ repeatedrequests for the data. Those discussions broke downwhen the Governor’s bargaining representative refusedto consider other health care options even though BlueCross Blue Shield data showed no need for conces-sions. Union bargaining proposals to save an estimat-ed $24 million in health care costs through wellnessand managed therapy programs were also ignored.

Commissioner Charles Blockett refused to changehis “No” vote and indignantly said it was “shameful” forthe administration to want state employees to paymore money for their health insurance.

“Since 1980, state employees have taken furloughdays and endured pay freezes. Now, when we have ahuge surplus, we’re asking them to sacrifice again bydrastically increasing their health care costs.”

MSEA President Ken Moore and legal counselBrandon Zuk also testified about MSEA’s contract.

“There were a large number of oustanding issues.We received minimal cooperation from the Employer atthe bargaining table,” Moore told the CSC.

“If the Governor really wanted to save taxpayersmoney, he would work with our members to tackle the areas we outlined for him in our Pure Michigan Wastereport,” said Bill Ruhf, president of SEIU Local 517M,referring to research conducted by economists for theunions and published in October. “The Governorneeds to stop attacking people who work on the frontlines of state government.”

“We’re tired of our members being hammered atthe bargaining table,” said Moore. “There is no justicein this decision.”

WHAT IT MEANSApproval of the two-year contracts means that approx-imately 32,000 state employees will get a 2% base-wage increase in 2014 and 2015, plus a one-timelump sum payment of .5% awarded next year. It alsomeans that all state employees will move into a newhealth care plan which new hires began entering intoin 2010. Unions were opposed because it drasticallyincreases out-of-pocket costs for services like doctorvisits. The impasse panel recommendations whichwere passed by the Civil Service Commission (CSC)are posted on the MSEA website for registered users.Under Member Menu, click on the left tab entitled,“Contracts” to view:1. Impasse Panel Recommended Health Plan2. Impasse Panel Unit Specific Recommendation,

Contract Term Jan. 1, 2014 - Dec. 31, 20153. Impasse Panel Recommendation,

Contract Term Jan. 1, 2014 - Dec. 31, 2015 At their Jan. 15 meeting, The CSC agreed to extendthe State Labor Unions secondary contracts for up to12 months pending secondary negotiations under theApproved CBA, as provided in Rule 6-9.7(b)(2).Current secondary contracts are posted on the MSEAwebsite at www.msea.org.

IN THE FACE

www.msea.org 13

“It’s extremely disheartening that the Snyder Administration continues to attack our state’s

valued public employees as an endless source of revenue. This hardly seems like ‘shared

sacrifice’ to take more money away from Michigan workers in light of scandalous salaries

being paid to Treasury executives, including former employees, and on the eve of Snyder’s big

night (State-of-the State address) where he plans to shout from the rooftops about the state’sbig ‘surplus.’” --Senate Minority Leader Gretchen Whitmer

THE CIVIL SERVICE COMMISSION...is a bipartisan, four-member body, appointed by the Governor.

CommissionerThomas M. Wardrop, ChairAn attorney and partner withWardrop and Wardrop, P.C.in Grand Rapids. Wardropwas appointed to the CSCas an independent andvoted in favor of the con-tracts. His term expiresDec. 31, 2016.

CommissionerJames BarrettBarrett was the presidentand chief executive officerof the Michigan Chamber ofCommerce for 32 years.He is a Republican andvoted in favor of the con-tracts. His term expiresDec. 31, 2020.

CommissionerCharles Blockett, Jr.Blockett has 45 years ofexperience in humanresource administration,including 15 years as direc-tor of the State of Michigan’sselection and/or classifica-tion system for state employ-ees. He owns a personnel-executive search firm.Blockett was appointed tothe CSC as an independentand voted against the con-tracts. His term expiresDec. 31, 2014.

CommissionerRobert W. SwansonHas more than 34 years ofstate and local governmentservice in the state ofMichigan. He retired in2007 from the Dept. ofLabor and EconomicGrowth (DLEG) where hehad been Deputy Director.He is a Democrat who ini-tially voted “No,” butchanged his vote due toconcerns about stateemployees working withouta contract. His termexpires Dec. 31, 2018.


OUTSOURCING

Democrats are demanding an independent investigation into the escape of four-time convicted murderer Michael David Elliot from the Ionia Correctional Facility on Sunday, Feb. 2. After escaping from the Ionia facility, Elliot, who was armed with a box cutter and hammer, car-jacked a local woman and drove south. She drove him to Middlebury, Ind., where she was able to call 911 around midnight while locked in a Marathon gas station bathroom. The pursuit of Elliot ended when he led LaPorte County deputies into a rural area where authorities deployed stop sticks shortly before 5:30 pm on Monday. Elliot attempted to run from his disabled vehicle, but was captured by police. No one was injured during the pursuit. Elliot has refused to waive extradition and is being held in Indiana on a $1 million bond. He is charged with auto theft in Indiana, as well as carjacking, kidnap-ping and escape in Michigan.

Elliot was serving life in prison without parole for fatally shooting four people and burning down their Gladwin County house in 1993 when he was 20 years old. He and his accomplices were trying to

steal money from a drug dealer at the time police said.The Michigan Dept. of Corrections (MDOC) has suspended two employees--a shift commander and a cor-

rections officer--as the investigation continues. The employees are on suspension during the investigation whichis supposed to conclude in about a week. The Michigan Corrections Organization (MCO) represents the sus-pended corrections officer. Republican Attorney General Bill Scheutte is also investigating the escape at therequest of Gov. Rick Snyder. However, House Democratic Leader Tim Greimel (D-Auburn Hills) and state Rep.Collene Lamonte (D-Montague) have called for an independent investigation into the escape “that is free of polit-ical bias” because they say Republicans who control state government can’t be trusted to fairly assess whetherbudget cuts contributed to the escape. Democrats have questioned if Republican-backed cuts to perimeterpatrols and manned gun towers factored into the escape. The state denies that cutbacks had a role. However,MCO had raised security issues with the private food service contractor Aramark in a letter to MDOC last month,which were not addressed by the department. DOC spokesperson Russ Marlan said the escape was not to beblamed on budget issues or the recent privatization of food services at Michigan prisons.

Elliot made his one phone call to the Detroit Free Press to discuss his escape with the newspaper. In anexclusive interview, he told the Freep that he’d been planning the escape for months. He wore layered whitethermals underneath his blue jail uniform so he could blend into the snow outside the prison facility. He evenhad white shoes, white gloves and a white ski mask. Once outside, he took off his jail uniform, dived into thesnow, crawled to a fence and went under it. Elliot said it took at least 30 minutes to escape and another hour torun to the city of Ionia where he started looking for a car to steal. Court records show that Elliot began hisescape at 6 pm Sunday and was out of the facility by 6:53 pm. Corrections officers noticed Elliot was missingaround 9:15 pm during a prisoner count.

DEMOCRATS DEMAND INDEPENDENT INVESTIGATION INTO PRISON BREAK

A guard tower at the Ionia CorrectionalFacility on Feb. 3, 2014. (AP Photo/TheGrand Rapids Press, Chris Clark)

The Michigan Corrections Organization (MCO) sent a letter in January to the Dept. of Corrections, expressing concerns about safety due to the outsourcing of food services in state prisons to Philadelphia corporate giant Aramark. Aramark was approved as the vendor to pro-vide food services for Michigan prisons in the fall of 2013, replacing state workers with private workers. The outsourcing was effective Dec. 1. Republicans in the state legislature claim it will save the state 17 percent in its food services budget.

The letter says Aramark employees have a “disregard for security, including issues like over-familiarity complaints, contraband issues (and) tons of no-call/no-shows.” Additional issues listed by MCO included:--Aramark employees not locking the off-limits cutting room and allowing inmates to go into the tool locker with them at

the Ionia Correctional Facility.--Aramark employees accusing corrections officers of harassment after they documented food complaints from

inmates.--Black inmates serving food and white inmates cleaning tables at the Handlon Correctional Facility, which MCO said

“caused needless tension in the chow hall.”

www.msea.org 15

CAPITOL WATCH

A petition drive for a part- time Legislature was approved by the State Board of Canvassers on Feb. 6. The Committee to Restore Michigan’s Part-Time Legislature, led by conserva-tives and Tea Party activists

in West Michigan, will attempt to collect 400,000 signa-tures by June in order to put a constitutional amend-ment in front of voters this November. It would alsorequire “disclosure of all state payments to legislators,”the posting of all bills on the Internet five days beforeadoption and a 250-person limit on legislative staff.The amendment would suspend executive actions

when the legislature is not in session. It would cut leg-islative sessions to 60 days a year and cut legislators’pay in about half to $35,000 per year from their current$71,000 per year. Currently, the Michigan Legislaturehas a budget of $144.4 million and employs more than700 people. There are only four full-time legislatures inthe country: California, Michigan, New York andPennsylvania.

“We believe Michigan’s former 1963 amendment,which adopted our present full-time legislature, has ledto the over-regulation and over-taxation of Michigan’sresidents and businesses,” said the group’s chair,Norm Kammeraad. “This has resulted in the declineand economic hardship for all of Michigan over thepast 50 years.”

Michigan United launched its “Raise Michigan” campaign on Feb. 8 at the Communications Workers of America Local 4100 headquarters in Detroit to secure a spot on the Nov. 4 ballot for an increase in the minimum wage. After language is approved by the Board of Canvassers, Raise Michigan will need to collect 258,088 valid signatures of Michigan registered voters and sub-mit them to qualify the question for the November 2014 election. Proposed ballot language would raise the minimum wage in Michigan to $9.50 an hour by

2016. Michigan’s minimum wage is currently $7.40 per hour; the federal minimum wage is $7.25. The last min-imum wage increase in Michigan was 2008 when the minimum wage went from $7.15 to $7.40. There are threeproposed bills in the state Legislature, all sponsored by Democrats, calling for an increase in the wage to either$9 or $10 per hour. Minimum wage workers are mostly women, disproportionately of color and in service indus-tries where there’s no way up or out. Michigan’s business community is strongly opposed to any increase in theminimum wage.

“Raising the minimum wage would help bring thousands of families out of poverty, bring a much-neededboost to our local economies and help people create a better future for workers and their families,” said LonnieScott, executive director of Progress Michigan.

Some Michigan legislators are pushing for a balanced budget amendment which would require that Congress call a convention of the states specifically to propose a balanced budget amendment to the U.S. Constitution. If 34 states took that step, a convention of the states would be able to propose an amendment that could be ratified with the approval of 38 states. Under the Michigan proposal, the federal government would be required to make sure its spending in a year doesn’t exceed its revenues unless there’s a “national emergency.” Gov. Rick Snydersupports the effort and according to one tally, about 20 states have sent in requests already. But because the convention-of-the-states process is relatively new ground, there are questions about how similar the proposals from the states have to be to force Congress to call the convention.

Nick Ciaramitaro, AFSCME Director of Legislation and Public Policy, believes it’s a really bad idea. His analysis of Michigan resolutions HJR V V and SCR C, which call for a United States Constitutional Convention, is posted under the United

Voices tab on the MSEA website (www.msea.org). “If you open up the U.S. Constitution for one change, you open it up for a lot of tinkering, potential mischief

and a run-away convention,” said Ciaramitaro.Charles Ballard, professor of economics at Michigan State University, said it could make economic problems

a lot worse by turning a recession into a “catastrophic downturn.”

HEROES

AMONG USThey stepped forward to volunteer in a

dangerous situation and two lives were saved as aresult. All in a day’s work for the DNR park rangerswho braved blizzard conditions and hostile terrainto rescue a pair of snowmobilers who were lost formore than 24 hours in the Porcupine MountainsWilderness State Park, located in a remote area ofthe Upper Peninsula.

The drama began on the afternoon of Sunday,January 26, when Benjamin M. Jenney Sr. andBenjamin M. Jenney Jr., a father and son fromAlbertville, Minn., became stranded after their snowmobiles got stuck in the deep snow and also broke through the ice on the Little Iron River. Porcupine Mountains Wilderness State Park is pretty much a dead zone for cell phones, but thereare pockets of reception and the pair was able to sendseveral text messages to family, relaying their situation.

“The cold weather drains batteries and quite early on,their cell phones quit working,” said DNR Lead RangerDavid Merk.

Family members and friends tried to look for the pair,but the weather conditions were hazardous and gettingworse with four foot deep snow and drifts topping 6 feet.Wind chills were 40 degrees below zero.

Using geo-location data attached to the text messages,Michigan State Police and the Civil Air Patrol identified aremote four-square-mile area where the snowmobilerswere last known to be, allowing the DNR ranger team tobegin a coordinated search and rescue effort along theLittle Iron River corridor Monday morning.

“We tried to get in there with snowmobiles, but thesnow was so deep they were all getting stuck, so we hadto go in using snowshoes,” said DNR Ranger EmilyPleiness.

“What they likely won’t tell you is that they all volun-teered to go in on snowshoes,” said Bill Doan, WesternUpper Peninsula District Supervisor. “This was a realteam effort on behalf of all the Porkies staff. The DNRrangers are a modest bunch, but if they hadn’t volun-teered, there’s little doubt the two snowmobilers wouldnot have made it another night in the woods.”

The group agreed that DNRRanger Justin Farley covered themost miles, spending more thaneight hours searching off-trail onsnowshoes in the blinding blizzard.

“I honestly didn’t think we weregoing to find them alive,” saidFarley. “They had no food and nofire and spent the night outside insoaking wet clothes because theykept breaking through the ice. Theriver is always moving, so it’s hard

to freeze. The snow acts as an insulator.” The Jenneys hunkered down in snowbanks for 10

minutes and would then try to walk--all night long. TheDNR rangers found them at approximately 2 pm onMonday.

“They were really tired,” said Pleiness. “Their coordi-nation wasn’t so good and hypothermia had set in. Ittook all of us to help them up the river bank.”

The Jenneys were given water, food, blankets andgloves since their gloves had frozen into a solid block ofice. They were taken to the residence of retired DNR parkranger and long-time MSEA member Don Harris. Thenambulances took them to a hospital in Ontonagon.

“Don helped us figure out where to look for them sincehe lives in the area,” said Merk.

Doan emphasized that the Park Rangers were sup-ported by a multitude of other agencies, including theOntonagon County Sheriff Dept., Ont. Co. CERT, SONCOAmbulance, Michigan State Police, USFS Law Division,DNR Law, U.S. Coast Guard, Civil Air Patrol and U.S. AirForce. “Without the support and assistance of theseagencies, we could not have done what we did.”

Farley says the pair is very lucky. “The best adventure is the one you live to tell about.”

A snow plow is dwarfed by the drifts inIronwood, Mich.--photo courtesy Ken Moore

(l-r): William Doan, Western Upper Peninsula District Supervisor;David Merk, Parks and Rec Lead Ranger (I DNR); and Parks andRec Rangers Emily Pleiness, Justin Farley and O’Neil (Jimmy)Newkirk (all I DNR). --photo courtesy Bob Wild, DNR Park Interpreter

Benjamin M. Jenney, 40, and his son,Benjamin M. Jenney Jr., 19, from Albertville,Minn., survived a night in a blizzard near thePorcupine Mountains. They are shown in aFox TV-6 Marquette photo in a hospitalroom after the ordeal.


MOTOR CARRIER OFFICER

OF THE YEAR

Alan Oosterbaan (VII MSP) of the Coldwater Post isthe recipient of the 2013 Motor Carrier Officer of the YearAward. He received the award at a special ceremony inLansing on January 16.

The Motor Carrier Officer of the Year award, spon-sored by the Michigan Trucking Association since 1985,recognizes the Michigan State Police (MSP) motor carrier officer who symbolizes outstanding professional ethics,dedication to duty and concern for giving back to theircommunity.

“Motor Carrier Officer Oosterbaan’s dedication andknowledge in commercial vehicle enforcement makes himan excellent selection to receive this honor,” said MSPDirector Col. Kriste Kibbey Etue. “He exceeds expecta-tions and delivers excellent service to citizens, while onand off the job.”

Motor carrier officers are armed, uniformed membersof the MSP Commercial Vehicle Enforcement Divisionwith the task of enforcing traffic safety laws on commer-cial vehicles, checking for vehicle weight restrictions andconducting vehicle and driver inspections. They alsoassist the Dept. of Homeland Security with enforcing haz-ardous materials regulations.

“When talking to anyone you come in contact with,you look for things that stand out and just don’t seemright,” said Oosterbaan.

“A motor carrier officer is a specialized job,” he contin-ued. “There are many laws, rules and regulations thatcommercial vehicles are required to follow. Knowing whoand how they apply can be challenging. Also, completinga Level 1 safety inspection requires you to be on a creeper underneath the vehicle--I’ve done this in blizzardconditions and it’s definitely challenging.”

He notes that during the winter, people in general,including commercial vehicle drivers, drive too fast for theweather conditions and end up in the ditch...or worse.

“Trucks can weigh over 160,000 pounds, and it’s badnews if that gets out of control,” said Oosterbaan. “Thehighway also can become so slick that they have troublemaking it up hills.”

One memorable situation occurred when Oosterbaanwas still new and his performance was being evaluatedon a daily basis. He was part of the Jackson Post andwas working the West-bound Grass Lake scale with hisMCO Training Officer.

“I had a semi stopped behind the scale for a wheel-base violation. I was in my patrol vehicle, in the processof writing the driver a citation, when I smelled smoke. Ilooked up and there was smoke billowing from under thehood of the vehicle. The driver had jumped out of histruck and was running toward me shouting that his truckwas on fire. I instructed him to grab his fire extinguisherand attempt to put out the fire. I then had the driver getinto my vehicle and we backed to a safer distance. Icalled out to dispatch that I had a truck that was on fireand I would be needing the assistance of the fire depart-ment. By the time they arrived, the truck was fullyengulfed in flames, and we had backed even furtheraway from the burning vehicle. The driver explained thathe had heard a loud pop and that he may have had somesort of electrical problem. He had also just filled up bothgas tanks. In the end, there wasn’t much left of the truckother than the engine, smoke stack and frame of the trail-er. I used some discretion and decided, in the end, not towrite the driver the ticket.”

Oosterbaan is known for his outstanding work per-formance, knowledge and training. He serves as a fieldtraining officer responsible for guiding incoming officersand is a tactical combat casualty care instructor. He hascompleted advanced training in his area of expertiseincluding Advanced Roadside Impaired DrivingEnforcement and stolen commercial vehicle identificationtraining. Oosterbaan graduated from the 17th MotorCarrier Recruit School in November 2011. He was firstassigned to the Jackson Post and then transferred to theColdwater Post in 2012. He is currently assigned to theMSP Fifth District Hometown Security Team in southwestMichigan.

Oosterbaan is a veteran of the Army National Guard,where he served as a combat medic. He served one tourof duty in Afghanistan in 2009, with the 1431st EngineerCompany of Calumet.

“Many men and women have sacrificed a lot,” saidOosterbaan. “Not everyone gets to come home. Thething that helps you cope the most is the people aroundyou. We trained together before we were deployed, and

formed bonds, friendships and trust. When things hitthe fan, you knew that the guy next to you had your back.I was lucky to be deployed with an amazing group ofguys.”

Oosterbaan is a graduate of Unity Christian School inHudsonville and Lansing Community College, where heearned an associate’s degree in fire science/emergencymedical services. He lives in Battle Creek with his wifeAmy, daughter Kayla and new baby son Foster.

(l-r): MSP Director Col. Kriste Kibbey Etue; Motor CarrierOfficer of the Year, Alan Oosterbaan; and Lawrence Fennell,President, Michigan Trucking Association.

www.msea.org 17

RETIREES


House Bill 5219 was introduced in January by Rep.Scott Dianda (D-Calumet), and calls for the repeal ofMichigan’s new pension tax. The pension tax wasvoted into law by the Republican legislature in 2011and first negatively impacted seniors filing their taxreturns last year. Under the current law, the tax treat-ment of retirement income is largely based on the ageof the taxpayer and affects anyone who was born in orafter 1946. For married taxpayers, retirement/pensiondeductions are based on the oldest spouse.Exemptions can be claimed for up to $20,000 for a sin-gle filer and up to $40,000 for joint filers.

The new tax is being deducted from pension andretirement benefit distributions, including IRAs, annu-ities, profit-sharing, stock bonuses and any otherdeferred compensation plan or certain life insurancecontracts issued by life insurance companies.

“Punishing seniors who are already struggling to make ends meet is wrong,” Dianda said in an interview with The Daily Mining Gazette. “The pension tax has made life difficult for a lot of seniors in the U.P. who have worked hard their whole lives and are now surviving off a fixed income. I will do everything in my power to see that it’s repealed.”

House Democrats have introduced a number of proposals

aiming to “undo the heavy tax burden LansingRepublicans put on Michigan’s middle-class familiesand seniors.” They include measures to restore theHomestead Property Tax Credit, increase the EarnedIncome Tax Credit (EITC), require employers to inform

workers about the EITC, restore the $600 per childdeduction and ban businesses from deducting theexpense of moving jobs out of the state.

However, Gov. Rick Snyder has said he has noplans to reconsider the pension tax. Michigan has alarge budget surplus, but Snyder told The DetroitNews that revisiting the 2012 tax is not on his radar.He calls it an issue of fairness, saying pensionsshouldn’t be treated differently for tax purposes thanother retirement income. Instead, Snyder says he’slooking at increasing the personal tax exemption onthe first $4,000 of income.

The pension tax is one of the leading issues of the2014 election season. Former Congressman MarkSchauer (D) is hoping to challenge Snyder in theNovember general election. He blasted the “SnyderRetirement Tax” on Feb. 3 as the governor launchedhis re-election campaign with events throughout thestate. About 50 protesters organized by the MichiganDemocratic Party rallied outside the corporate head-quarters of Two Men and a Truck in Lansing, one ofSnyder’s kick-off campaign stops (below).

Rep. Scott Dianda(D-Calumet)

Democrats Trying to Repeal Michigan’s Pension Tax

Court of Appeals Upholds MPSERS Reforms

The Michigan Court of Appeals on January 15 unanimouslyupheld the 2012 law that reformed the Michigan PublicSchool Employees Retirement System (MPSERS). AFTPresident David Hecker released the following statement onthe ruling: “...Republicans appear bent on pulling the rug outfrom under the women and men who have devoted their livesto educating our children, breaking the promises made to

them by the state for decades...we need leaders who willpromote a secure retirement for Michigan’s working fami-lies--not take it away from them.”

AG Wants Ruling to Protect Detroit PensionsAttorney General Bill Schuette has asked the 6th CircuitCourt of Appeals for a quick ruling on whetherMichigan’s constitution protects pensions in Detroit’sbankruptcy case. Schuette said the state constitutionprevents cuts to retiree pensions. That contradicts a ruling by U.S. Bankruptcy Judge Steven Rhodes whosaid vested retiree pensions could be cut in federalbankruptcy court like other contracts. The pension rulingneeds to be addressed while mediation is underway,according to the January 27 filing.

MSEA BASIC STEWARD TRAINING: WEDNESDAY, MARCH 26 & THURSDAY, MARCH 27, 2014MSEA ADVANCED STEWARD TRAINING: FRIDAY, MARCH 28 & SATURDAY, MARCH 29, 2014 8:00 AM - 5 PMREGISTRATION: 8:00 AM - 8:30 AM SIGN UP NOW! THE DEADLINE TO SIGN UP IS BY 5 PM ON MONDAY, MARCH 10, 2014. IF YOU NEED OVERNIGHT ACCOMMODATIONS OR HOTEL INFORMATION, PLEASE CONTACT NANCY DURNER AT MSEA: (517) 394-5900 EXT. 110. IF YOU REGISTER AND THEN CANCEL WITHOUT NOTIFYING MSEA, YOU WILL BE RESPONSIBLEFOR THE ROOM CHARGE!

NOTE: Annual Leave Buy-Back will be used. Please notify Nancy Durner at MSEA Central Office by5 p.m. on Monday, March 10, 2014, with the number of days you would like to use.NO TIME WILL BE REQUESTED AFTER MONDAY, MARCH 10, 2014!

BRING THE CURRENT CONTRACT, SECONDARY CONTRACT, PAPER & PEN WITH YOU TO TRAINING. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

MAIL-IN REGISTRATION FORM 8 AM (SHARP!) - 5 PM

BASIC STEWARD TRAINING: WEDNESDAY, MARCH 26 & THURSDAY, MARCH 27, 2014 ____________

ADV ANCED STEWARD TRAINING: FRIDAY, MARCH 28 & SATURDAY 29, 2014 ____________________

NOTE: IF YOU DON'T NOTIFY MSEA AND ARE A NO-SHOW, YOU WILL BE CHARGED FOR THE ROOM!

Name:__________________________________________________________________________Address:________________________________________________________________________City, State, Zip Code:______________________________________________________________Department:_______________________________Worksite:_______________________________Shift ( 1 2 3 ): Circle appropriate. Number of hours in shift: ( 8 10 ) Circle appropriate.Work Phone:( )___________________________________________________ Home Phone:( )___________________________________________________ Personal email:_____________________________________________________Arrival Date:______________________________ Arrival Time:____________________________ Departure Date:_________________________________________________

Handicap Accessible Room: YES NOAnnual Leave Buy-Back Requested? YES NO Date(s) Needed:_____________________________DATES RECEIVED AFTER 5 PM ON MONDAY, MARCH 10, 2014, WILL NOT BE PROCESSED.

PLEASE NOTE THAT HOTELS ARE SMOKE- AND PET-FREE.RETURN THIS FORM BY 5 PM ON MONDAY, MARCH 10, 2014, TO:

MICHIGAN STATE EMPLOYEES ASSOCIATION6035 EXECUTIVE DR., SUITE 104LANSING, MI 48911

Email the completed form to: [email protected] fax the completed form to MSEA at (517) 394-4060.

IF YOU ARE NOT SIGNED UP BY MONDAY, MARCH 10, 2014, WE WILL SEE YOU AT THE NEXT STEWARD TRAINING!

STEWARD TRAINING

www.msea.org 19

MSEA NewsMichigan State Employees Association

AFSCME Local 5 - AFL-CIO6035 Executive Dr., Suite 104

Lansing, MI 48911

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LANSING, MI

ay 3,

Pete Seeger, legendary banjo player, singer-songwriter-activist and friend to the labor movement, died at age 94 on January 27, 2014.Seeger marched and performed at hundreds of rallies for differentunions over the years. Seeger’s involvement in the labor move-ment began decades ago, when he worked with the Congress of Industrial Organizations in the 1940s. Seeger joined with folk legend

Woody Guthrie and others to form The Almanac Singers, who in 1941, recorded Talking Union, the first album ofgeneral union songs issued in the United States. The Almanac Singers viewed themselves as singing organiz-ers, not as entertainers.

Seeger is the only singer in the Rock and Roll Hall of Fame who was convicted of contempt of Congresswhere he was accused of being a communist and blacklisted. Seeger and his band, the Weavers, were forcedto cancel tour dates and give up their recording contract. In 1961, his conviction was overturned on appeal, butSeeger continued to be blacklisted by commercial TV networks until 1967. Seeger also worked hard to promotethe civil rights movement, marching with Dr. Martin Luther King, Jr. and introducing him to the song, “We ShallOvercome.”

Seeger’s 90th birthday party was sold out and held at Madison Square Garden, a fund-raiser for his favoritelocal cause: cleaning up New York’s Hudson River. Scores of musicians attended and Bruce Springsteen intro-duced Seeger by saying, “He’s gonna look a lot like your granddad that wears flannel shirts and funny hats.He’s gonna look like your granddad if your granddad can kick your ass. At 90, he remains a stealth daggerthrough the heart of our country’s illusions about itself.” Springsteen persuaded Seeger to sing “This Land IsYour Land” with him at President Barack Obama’s inaugural concert on the steps of the Lincoln Memorial.

Seeger would help out with any labor cause, no matter how big or small. In 2011, he joined a march in support of the Occupy Wall Street protests. He was always in the hearts and minds of the rank and file.

THE PEOPLE’S PETEMay 3, 1919 - January 27, 2014

Hammer of Justice...Bell Of Freedom

MSEA News, Jan-Feb 2014

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Transcript of MSEA News, Jan-Feb 2014