217-244-4095

You are invited to attend:

A FREE SEMINAR FOR YOU AND YOUR MEMBERS:

WORKERS’ COMPENSATION

Learn about the law and what it means specifically to you.

Learn what to do if you or someone in your group gets injured.

Learn about your rights and get all your questions answered.

Sponsor: I.A.T.S.E. Local 482 (Stagehands Union)

Place: Electricians Union Hall

Local 601, 3301 N Boardwalk, Champaign

Date/Time: Saturday May 15, 2010 at 10:00 a.m. to 1:00 p.m. (Refreshments will be served)

R.S.V.P.: Nancy Bues by May 1 at (217) 840-9969, Fax: (217) 688-3042 or

iatselocal482@aol.com

Event: David B. Menchetti of Cullen, Haskins Nicholson & Menchetti will address workers’ compensation issues that relate specifically to your group, including issues such as accident, medical treatment and temporary and total disability benefits.

As an advocate for workers’ compensation education, Cullen, Haskins, Nicholson & Menchetti P.C lecture frequently on workers’ compensation issues. At the request of the State Fed, our firm has served as technical advisor to the Illinois AFL- CIO. In this role we were involved in the day-to-day nuts and bolts negotiation and drafting of Public Act 94-277, which increased workers’ compensation benefits for union members and preserved freedom in choosing medical providers. Dave Menchetti was appointed to sit on the Illinois Workers’ Compensation Advisory Board to represent the interest of labor.

The Law Firm of Cullen, Haskins, Nicholson & Menchetti is proud to announce that we have once again been featured in the Leading Lawyers Network.

In addition, all four of our partners, George J. Cullen, Charles G. Haskins, Jr., Patrick B. Nicholson and David B. Menchetti have been personally recognized as leading lawyers in worker’s compensation.

State workers face the threat of layoffs next year and legislation this year that would vastly increase retiree health care costs — and further drag out payments to health care providers. University workers are facing demands for concessions at the bargaining table, pressure to take furlough days, nearly-missed paydays, and the very real threat of layoffs. City or county locals face demands for wage freezes or givebacks, furlough days, and layoffs. School districts are looking at massive funding cuts and will have no choice but to lay off hundreds of employees. Private sector nonprofit locals will find it even harder to win the pay increases they so desperately need and deserve.

Time to turn up the heat big time on April 21st. Not only will we have more participants than ever before, but we’re going to take stronger and more direct action in filling up the Capitol and sending big delegations to legislators’ offices.

But that won’t happen unless we get started IMMEDIATELY to build the biggest turnout your local union has ever had at a State Capitol rally. We know from long experience that the only way to get members to participate is to ask face to face. A flyer for the rally is attached. Work with your local union officers to build support for the rally TODAY!

Tips for Effective Stewards: 10 Rules for Stewards

1. Talk Straight With Members: As a steward, you will be the bearer of both good and bad news. If you’re straight with your members about what is going on, they will know that they should be straight with you.

2. Tell Them if You Don’t Know: You don’t have to be an expert on everything. Members will respect you more if you tell them “I don’t know but I will find out” and get back to them in a timely manner.

3. Deal With Small Problems Before They Become Big Ones: Strive to settle problems before they become grievances. Strive to settle necessary grievances at the first step. Bring issues of concern to the members’ attention when they first occur so you have a whole army of watchdogs alerted.

4. Size up the Opposition and Act Accordingly: There’s no one all-purpose way of dealing effectively with management. A good strategy involves a thorough assessment of a supervisor’s “management style” and the issue at hand. Sometimes you should come on like gangbusters; sometimes not.

5. Avoid Surprises: Surprises are great for birthdays, but they can be a real problem at grievance presentations and meetings with the boss. Prepare ahead of time for what will be said and done.

6. Set Limits: You work long and hard as a steward and you will want to do so, but you have the right to set limits. It will make you more effective in the long run.

7. Be a Credible Employee: Follow the contract yourself and abide by the rules it sets forth in the workplace. Both management and workers will be watching the kind of example you set.

8. Involve Others in the Work of the Union: The union steward is not a one-person show. The best stewards – the ones whose workplaces have really effective union activity – involve others in all kinds of union work including investigating grievances, passing petitions, registering voters, attending labor and community actions, and attending and working with unorganized workers.

9. Show your union colors: As the steward, you are the day to day representative of the union; for most members you are the union. Remember to speak about your commitment to the union both in and out of the workplace.

10. Know Yourself: Be honest about your own strengths and weaknesses. Being an effective steward is a work in progress. What more do you need to learn?

(Adapted and reprinted with permission from The Union Steward’s Complete Guide. For further information, contact www.unionist.com.)

Stewards Are Organizers Part II: 21st Century Goals a Priority

Our union is facing unprecedented challenges from fiscal crises, including layoffs, demands for concessions, downward pressure on wages, and an unrelenting assault on our health care and pensions. In order to ensure that AFSCME has the capacity to rise to these challenges, the International Union established a Committee on the 21st Century which produced a sweeping series of recommendations intended to reinvigorate and strengthen our union at every level. Its recommendations were endorsed by both the 2007 and 2009 Council 31 Biennial Conventions.

Two key 21st Century goals for local unions are signing up a large majority of the bargaining unit as members and a significant portion of the membership in the MVP PEOPLE political program. The targets for 2010 are 90% membership and 20% of the membership signed up for MVP.

Council 31 is well ahead of other councils across the country but still short of that goal. The current Council average is 88% membership overall and 19% on MVP. Some locals have 100% membership and MVP membership of well over 50%. Last week the Council 31 Executive Board approved a motion calling on all locals to reach this goal before the June International Convention.

We need to build the membership and MVPs to concentrate our strength, stand tough against demands for givebacks and keep the politicians in line. As stewards, we own our workplaces – it’s up to us. Make sure everyone in your work area is a member and on MVP!

Arbitration Common Law: Bargaining During the Term of the Contract

No Unilateral Changes in Collective Bargaining Agreements: When there is an exclusive bargaining representative (union), an employer is not permitted to unilaterally change any terms and conditions of employment. While most members understand this to be the case when the entire contract is being negotiated, many members are unaware that a similar prohibition exists during the term of the contract, unless the contract clearly permits the unilateral change.

The Duty to Bargain if the Contract is Silent. If a term or condition of employment is not addressed in the contract and is a mandatory subject of bargaining (a subject that the employer must bargain over under the collective bargaining law) the employer must give the union notice of the proposed change of condition and bargain before any unilateral change is made. Even if the employer does have the right to make a unilateral change, the employer may still have an obligation to bargain over the impact of the change prior to implementation.

Purposeful and Inadvertent Union Waiver of Bargaining Rights: Unions can lose their right to bargain over changes in terms or conditions when the contract is silent in a number of ways. If the union made a proposal to prohibit a particular practice and failed to win it during bargaining; or if the union is aware of and fails to demand to bargain over a unilateral change, the labor relations board may conclude that the union has waived its right to bargain over the issue.
The union can also lose its right to bargain over unilateral changes if it has agreed in the contract to a “waiver” or “entire agreement” clause (often known as a “zipper clause”) in which it waives the right to demand bargaining on any matter not dealt with in the contract. Such a provision does not usually limit the union’s right to bargain over matters not covered by the contract, unless the provision clearly and unmistakably waives that right.

Terms You Should Know: Expedited Arbitration

An effort to streamline the arbitration hearing by reducing both time and cost. Transcripts and post hearing briefs are usually eliminated. And the decision, while binding, is usually not precedent setting. Often the arbitrator issues a decision upon the completion of the hearing or shortly thereafter.

Steward Resources: Brand New MVP Rewards Program

The MVP Rewards program is a new, internet-based incentive program for AFSCME members and their families who contribute annually at the MVP level ($100 per year) to AFSCME’s political action fund (PEOPLE). The program replaces the current VIP and MVP incentive programs.

Effective January 2010, MVP members get to choose incentives from a variety of items in an on-line catalogue full of union-made merchandise based on the amount of Rewards points they accumulate by contributing to PEOPLE. Every dollar contributed to AFSCME PEOPLE earns a Rewards point. Once members register to create their own password-protected Rewards account, they will be able to keep track of their points.

To register for Rewards got to http://www.afscme.org/legislation-politics/24472.cfm and follow the prompts.

This Month in Labor History: 1968 Sanitation Workers March

On March 28, 1968 Martin Luther King, Jr. led a march of striking AFSCME sanitation workers in Memphis, Tenn. Violence during the march persuaded him to return the following week to Memphis to lead a non-violent demonstration, where he was tragically assassinated. The strike ended two weeks later with a settlement that included union recognition and wage increases. Dr. King’s involvement in the strike is a vital part of labor and civil rights history.

http://www.rrstar.com/news/x1499085237/House-advances-pension-cutbacks-for-new-hires

Major revisions to state pension benefits for future public employees sailed out of a House committee this morning and could be voted on by the full House this afternoon.

Proposed by House Speaker Michael Madigan, D-Chicago, the changes raise the retirement age to 67 to qualify for full benefits, restrict annual cost of living increases for retirees, limit the salary that can be used to determine retirement benefits and restrict those who qualify to earn enhanced benefits under the “alternative formula” set aside for high risk jobs.

If eventually enacted into law, the changes would go into effect Jan. 1 and affect future members of the State Employees Retirement System, State Universities Retirement System and Teachers Retirement System. Senate Bill 1946 also incorporates changes to lawmaker and judges retirement systems that were approved by the House last week.

Madigan said pension costs “have become a drag on the fiscal condition of Illinois.”

A precise savings from the changes has not been determined, but a top Madigan aide said it should save “well over $100 billion” over several decades.

David Vaught, budget director for Gov. Pat Quinn, said lawmakers need to act quickly before an upcoming bond sale to pay for public works projects. Vaught said bond rating agencies will be looking at whether Illinois is taking steps to address its budget problems and could downgrade Illinois’ bond rating if nothing is done.

However, unions representing teachers and state employees said the changes will be detrimental to attracting top quality job applicants. The also renewed complaints that Illinois’ pension problems are the result of underfunding of the systems, not overly generous benefits.

Meeting starts at 6:00p.m.

We will review upcoming grievances, status of ongoing concerns and answer questions.

Long story short: welcome to AFSCME1058.org version 2.0.

Things have been streamlined a bit but if there’s any functionality that the group would like to see implemented, or if you have any questions, let Chet or I know in the comments.

Enjoy!