APRIL 2013
Common Ground Radio Show on AM790 is moving to Monday’s from 4-5 starting May 6th.
New report exposes wage theft in Rhode Island
By Common Ground staff
A new report issued by a community advocacy organization raises the alarm about rampant wage theft throughout Rhode Island, costing thousands of workers millions of dollars in the past decade. The report, issued by Fuerza Laboral in Central Falls, is believed to be the first analysis of its kind for the Ocean State. “We wanted to show what wage theft is and what it’s like in the state of Rhode Island,” said Heiny Maldonado, the executive director. The report included first-hand accounts from victims of wage theft as told in a series of focus groups. Their stories were backed up with a series of state and federal statistics, including data researched by the Schmitt Labor Research Center at the University of Rhode Island.
Millions stolen from workers The results painted a stark picture of the extent of wage theft in Rhode Island: An estimated $1.7 million has been stolen from Rhode Island workers over the past decade, according to the state Department of La-
bor. During the same period, federal labor authorities have determined that $3.2 million was owed to workers in the state. In the focus groups alone, participants told facilitators that they were owed $170,500 over the past five years, according to the report. One local labor leader endorsed the findings of the report, saying it confirmed his public statements on the issue. “It’s rampant in Rhode Island,” said Michael Sabitoni, the president of the Rhode Island Building and Construction Trades Council. “It’s awful.” Maldonado said the real numbers are actually far greater than what even the available data indicates. For every one complaint filed with state or federal labor authorities, she said between 10 to 12 wage theft incidents go unreported, according to a national estimate. “So we’re really talking about extremely alarming rates of money that’s being robbed of people,” Maldonado said. One question that arises is why wage theft is so chronically underreported. Some workers who complain directly to their employers are strung along with
excuse after excuse. When it finally becomes clear that the unpaid wages will not materialize, those workers have amassed such debts that they quickly have to find new work—leaving little time to file state or federal complaints, according to Maldonado. But other workers don’t report abuses either because they are unaware of their rights, or because they have received threats from their employers, she added. Wage theft both overt and hidden Wage theft can take many forms. One that Sabitoni has been in the forefront of fighting is the misclassification of full-time employees as independent contractors. But wage theft sometimes is a simple case of an employer refusing to pay full wages to a worker, according to Maldonado. She pointed to other examples as well: illegal deductions from a paycheck for broken machines, incorrectly finished projects, or the costs of materials and production. Refusal to pay time and a half for overtime work is considered yet another form See wage theft cont. on page 3
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APRIL 2013
Top labor leader speaker at St. Joseph’s Day celebration
By Common Ground staff
A national labor leader with strong roots in Rhode Island spoke of faith, family, and the value of hard work at a speech marking the St. Joseph’s Day celebration at Providence City Hall at the end of March. Armand Sabitoni, the general secretary-treasurer of the Laborers’ International Union of North America, described St. Joseph’s Day as a “deeply solemn” worldwide celebration recognized by Italians and other Roman Catholics that is based on faith, prayer, and traditional Italian food—fish, pasta, and pastries like zeppole. “These are the traditions my grandparents brought with them as they left the coastline of Calabria, Italy— immigrants to a new country, immigrants who stepped off a boat onto the shores of Rhode Island the place they would call home,” Sabitoni said. “The home of my mother and father and the home of my family, where traditions create the memories we cherish and pass on, regardless of where we grew up.” Sabitoni recalled his upbringing in a humble tenement house on Carpenter Street, which he said provided a foundation for the rest of his life. “My mother and father, through sacrifice and hard work, led by example. They chose not to be defined by their income or possessions. And they refused to be defined by ethnic slurs and social standing,” Sabitoni said. “Instead they chose to serve those who were less fortunate, represent those without a voice, and share their wealth.” Sabitoni said many of those at the celebration— which included a number of local labor leaders, such as
state Senate Majority Leader Dominick Ruggerio, state Senator Frank Ciccone, and former state Senator and Common Ground publisher John Tassoni—had similar stories. Sabitoni called them the “stories of freedom, the story of opportunity, the story we call the ‘American Dream.’” “As a second generation member of the Laborers’ International Union of North America—a labor organization that spans two countries with over 850,000 union members—I represent, as my father did before me, working men and women…all hoping for their part of the American Dream,” Sabitoni said. Sabitoni said the union provides immigrants and their children with a living wage, health care and retirement, education and training, as well as opportunity. “And, as proud as I am to be an Italian-American to remember the sacrifices of my father and mother, of my grandparents, I know each of you feel the same,” Sabitoni said, noting that Providence Mayor Angel Taveras particularly feels the same way as a first-generation Latino-American and the son of immigrants from the Dominican Republic. Armand said the diverse experiences of immigrants and their shared sense of family values and commitment to hard work are a reason why the country needs comprehensive immigration reform. “That is the beauty of America: We can gather together as Americans while retaining our heritage and rich traditions, traditions that help make this country so great,” Sabitoni said. “Unfortunately there are those See St. Joseph’s cont. on page 6
Common Ground
APRIL 2013
Page 3
Wage theft cont. from page 1 of stealing wages. The problem is further compounded by the fact that some employers pay their workers in cash, making it harder for those workers to prove that they were underpaid, Maldonado added. Businesses also hide underpayment by issuing one lump sum payment for work. Once the lump sum is divided out over the number of hours actually worked does it become apparent that a business has committed wage theft, Maldonado said. According to the report, almost all types of wage theft are made possible by misclassifying workers as independent contractors, rather than employees. That allows businesses and other employers to avoid payroll taxes and workers’ compensation insurance, as well as meeting minimum wage and overtime pay, according to the report, which is titled, Shortchanged: A Study of Unpaid Wages in Rhode Island. Wage theft is particularly common in about half a dozen industries: restaurants, construction, health care, manufacturing, cleaning, and retail, according to Fuerza Laboral. Although the report collected data for a decade-long period, Maldonado said the problem had worsened
when the recession hit. She noted that workers are not the only ones who suffer. “It’s not fair for honest businesses to have to compete with the businesses committing wage theft,” Maldonado said. She said wage theft allows unscrupulous businesses to lower the price of their bids, allowing them to garner more work than others. Calls for enforcement of the law Even before the release of its report, Fuerza Laboral has been successful in getting state officials to acknowledge the problem. In June 2012 Gov. Lincoln Chafee signed a revision to the state minimum wage law that enabled underpaid workers to file civil suit against their employers in an effort to recuperate stolen wages. The new law also boosts the amount of damages that can be awarded in such cases, according to a Fuerza Laboral summary of the changes. Maldonado said her organization had worked with labor unions to get the changes written into law. But getting a new law passed, it seems, is only half the battle. “We need the law to be enforced,” Maldonado said. Sabitoni agreed. “Passing bills is one thing. Getting
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laws enforced is another,” he said. He placed the blame on budget cuts that have “decimated” the state Department of Labor and Training. “They just don’t have enough people to go [and] do investigations and follow up on these claims,” Sabitoni said. But he said he is encouraged that the department director, Charles Fogarty, Gov. Chafee, and Attorney General Peter Kilmartin have developed a game plan to address the problem. “It’s a priority for them,” Sabitoni said. Fuerza Laboral meanwhile is doing everything it can to combat what it described in one press release as an “epidemic” of unpaid wages. Much of its work involves organizing workers to directly demand just payment from employers. But Fuerza Laboral sometimes also works within the legal process to help workers win wages that are rightfully theirs. “We understand the legal process with these government agencies is very slow, but we [also] understand workers need their money right away,” Maldonado said.
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Common Ground
APRIL 2013
Bills change dates for teacher layoffs, terminations By Common Ground staff
Competing bills submitted at the General Assembly would change the deadlines for when school districts can either lay off or fire teachers, moving away from the March 1 date that has been at the center of much controversy over mass terminations in recent years. Both the Rhode Island Department of Education and the teacher labor unions support some changes in the timeline, but they part ways over how to do it. The union-backed measure, House Bill 5186, sponsored by Rep Scott Guthrie, moves the layoff deadline from March 1 to May 15. “We’re flexible on the notice date for layoffs,” said James Parisi, a lobbyist for the Rhode Island Federation of Teachers and Health Professionals. But the bill also stipulates so that all layoffs are covered under its provisions—not just those involving layoffs because student population has declined, as the law currently states, according to Parisi. “That’s another bone of contention between us and so-called ‘ed reformers,’” Parisi said. He said layoffs should also encompass situations in which the teaching staff has to be reduced because of a reorganization in programs—a cut in music or other
art classes, for example—as well as reductions that are necessary because of budget constraints. “They’re all tied together. Program reorganization is tied to the budget as much as anything else,” Parisi said. Union raises objections to RIDE bill The RIDE-backed measure, House Bill 5066, sponsored by Rep Deborah Ruggiero, changes the deadline to June 1 for teacher terminations based on fiscal pressures or program changes. In a statement released March 3, state education Commissioner Deborah Gist said the March 1 layoff notices is an “exercise that has to be stopped.” She described the deadline as an arbitrary one that “serves no purpose” except to add to teacher stress. But Parisi raises two objections to the bill. First, he says that letting teachers go for such reasons are layoffs not terminations. (Gist describes them as layoffs but the bill instead uses the terms “dismissal” and “nonrenewal,” which are terminations.) Second, Parisi said terminations should still occur on March 1. Retaining March 1 as the deadline for terminations allows a teacher enough time to appeal their case to the school
board. Waiting until June 1, risks their due process rights because of the unfeasibility of getting the school board to meet during the summer, Parisi said. Parisi said the RIDE bill terms June 1 notices as “dismissals” or “non-renewals” of contract rather than as layoffs because they know that layoffs entail recall rights for teachers based on seniority. He also warns that the later June date could prevent teachers, parents, and community activists from having enough time to fight against program changes or deep budget cuts. He suspects that is intentional as well. “I think that bill is going to reduce advocacy,” Parisi said. Budget, stress cited as reasons for RIDE bill In her statement, Gist said a later date was necessary to allow the district to collect more information about the budget. “Because the March 1 deadline falls early in the budget process, well before school districts are certain about their state aid and local revenues, school committees feel compelled to notify many or all educators about pending layoffs—even though the members of the school committee know that many or all of See teacher layoffs cont. on page 6
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UFCW finally strikes deal with Stop & Shop
By Common Ground staff
Leaders of the United Food and Commercial Workers International Union last month finally agreed to a new contract with the Stop & Shop supermarket chain— bringing an end to a high-profile, months-long negotiations that once posed the possibility of a strike and the hiring of scabs to replace union workers. The deal affects more than 40,000 workers at hundreds of supermarket locations throughout southern New England. “I would echo the sentiments of the presidents of the five local unions—these were the most difficult negotiations of their careers,” said Jim Riley, the secretary-treasurer UFCW Local 328, which is based in Providence. The sticking point in the negotiations, according to Riley, was the new provisions in Patient Protection and Affordable Care Act, better known as the health care reform act passed during President Obama’s first term. “This really threw a fly in the ointment for us,” Riley said in an interview with Common Ground. The health care reform law posed a challenge to negotiators because the UCFW provides health care to both full- and part-time workers. It once provided it to parttimers at no cost, but in later years it came at a small cost, according to Riley. He said the health care law, which mandates health care coverage for part-times, did not
take into account the unique situation of UFCW. “It changed everything,” Riley said, referring to the law. “We don’t know what most of the changes are. … We are kind of swimming in the dark here.” Riley said that while he is glad more uninsured in the United States will be covered under the new law, he wishes federal lawmakers had considered what the UFCW already provides and left them out of the requirement. UFCW was among the first major unions to wade into the issues posed by the new law, according to Riley, making the negotiations process closely watched by observers across the country. Finally, at the beginning of March, UFCW negotiators reached a tentative agreement with Stop & Shop, including a one-week extension that expired at 4 a.m. Sunday March 10. At UFCW Local 328, the members ratified the new contract 889 to 17, before the expiration. On March 10 Stop & Shop released the following statement in response to the ratifications: “We are very pleased to announce that Stop & Shop has reached new bargaining agreements with each of the unions that represent our associates in New England. The agreements were ratified by union members in a series of meetings held earlier today.” “Our goal throughout this process has been to secure
fair and reasonable contracts that benefit our associates, their families and our customers, while also positioning Stop & Shop to compete effectively in what is increasingly a competitive environment,” the supermarket chain added. “We are very pleased that these contracts achieve this goal and recognize the outstanding contribution and hard work of our 40,000 store associates.” Besides successfully navigating their way through the complex requirements of the new health care law, the contract also brought a number of other benefits to rankand-file workers, according to Riley. Those benefits include across-the-board wage increases for both full- and part-time workers. “That was a sticking point for us,” Riley said. “That’s the reason we held out for so long.” Riley said everyone benefits from the wage increases, not just those receiving them. He said good jobs with pay and benefits ensure that employees stay in their positions longer. That means that the company doesn’t have to train new workers and it also helps veteran employees build long-term relationships with customers, Riley said. Another new benefit was the establishment of health savings accounts, according to Riley. The contract is retroactive back to February 23, 2013. It lasts until February 23, 2016.
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Common Ground
Teacher layoffs cont. from page 4 the teachers will ultimately retain their jobs,” Gist said. But Parisi challenged that claim. He said local officials now have a good idea of how much they can expect in state aid because of the state education funding formula. Also maintenanceof-effort laws require that cities and towns allocate at least as much to their local schools as they did in previous years. “There’s not that much budget variability,” Parisi said. For Gist, moving the deadline avoids undue stress on teachers. “Laying off
St. Joseph’s cont. from page 3 hundreds of educators because of an imposed notification deadline leads to undue stress and anxiety and can disrupt the process of teaching and learning,” Gist said. But Parisi said union membership has not been clamoring for a change in how layoff notices are issued. “The truth is our young teachers don’t like this, but they’re used to the system and they know that many of them will be [rescinded],” Parisi said. “This is a management-driven bill,” he concluded.
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who forget this—those who would use immigration policies to restrict and punish, instead of reward and encourage. That is why we need immigration reform that is fair and balanced.” Sabitoni invoked the example of St. Joseph himself in making his case for immigration reform: “So let us start today. In celebration of St. Joseph, the protector of the Holy Family and the greatest example of strong family relationships because we are indeed family—family of our parents and grandparents but are also the family of humanity,” Sabitoni
said. The event included a vocal performance from Domenic DePasquale, who sang in Italian and was accompanied by Bill Moretti, who played an accordion. Taveras emceed the event, delivering opening and closing remarks. “The story of Italian-Americans is an inspiration to all of us,” Taveras said. “It reminds you what is possible when you commit yourself to hard work and dedication.”
RI Building & Construction Trades Council raises more than $1,500 for the Big Brothers of Rhode Island Not only did the Providence Bruins win big on Sunday, March 3 so did the Big Brothers of Rhode Island, thanks to the Rhode Island Building & Construction Trades Council. It was the 3rd Annual Building Trades night at the Dunkin’ Donuts Center Pictured from left to right: Scott Duhamel, Secretary Treasurer, RI Building and nearly a thousand & Construction Trades Council; Michael F. Sabitoni, President, RI Building union trades men and & Construction Trades Council; George Nee, President RI AFL-CIO. women and their families came out to support their team and the Big Brothers of Rhode Island. For every $16 ticket purchased by a union member, two dollars was donated to the Big Brothers of Rhode Island. Approximately $1,500 was raised. A special check presentation kicked off the start of the game, with the Construction Trades Council President , Michael F. Sabitoni and Secretary/Treasurer Scott Duhamel. Rhode Island AFL-CIO President, George Nee was also on hand. Families received free Bruins hats, great lower level seats, and a P-bruins victory over the Portland Pirates 7-1!
Common Ground
APRIL 2013
Page 7
Congressman Langevin pushes workforce bills By Common Ground staff
Congressman James Langevin in recent months has continued to press for continued federal support of workforce development and training— in the face of mounting fiscal pressures and protracted budget battle s with the House GOP. “My colleagues on the other side of the aisle who have made slashing federal spending the major purpose of their budget proposals need to step back and recognize that budget cuts are not an end unto themselves,” Langevin said in a statement to Common Ground. “We absolutely need to get our fiscal house in order, and I’ve supported a budget that seriously deals with our debt,” the Congressman added. “This includes cutting spending on many programs that we can’t afford, like subsidies to big agriculture, but also closing tax loopholes that benefit the very wealthy so we can make investments that yield a high return. Our overall objective should be to create quality jobs in an econo-
my that gives everyone a fair opportunity to reach their potential.” Langevin said lawmakers must commit themselves to quality education, modernizing the national infrastructure, medical research, and an affordable health care system. “These are certainly more important investments than tax breaks for big oil or other corporations that are making huge profits. If we get our priorities straight, we can deal with our budget challenges in a way that strengthens the economy for everyone, instead of imposing an austerity program that imperils our economic recovery and limits opportunities and quality of life for the middle class,” Langevin said.
opment programs, not slashing them,” Langevin said in a recent House floor speech. “I especially want to point out that unemployment in Rhode Island remains unacceptably high, yet the skills gap is an employment obstacle that we can actually overcome with the right resources. Workers need proper training to succeed in a global economy, and the Workforce Investment Act programs have helped them to do just that.” In his speech, Langevin pointed to the local impact such cuts would have in Rhode Island, specifically at the Genesis Center in Providence and the Job Corps Centers in Exeter. As an alternative, Langevin has backed H.R. 798, which his Congressional office says would strengthen “accountability in WIA programs with common reWorkforce development a top priority porting and performance measures.” In mid-March Langevin spoke out against a GOP This is not the first time Langevin, who is the comeasure that would hurt efforts to close the skills gap chair of the Congressional Career and Technical Eduin Rhode Island. The reauthorization of the Workforce cation Caucus, has rushed to the defense of workforce Investment Act passed the House on a close vote of programs. Servingdevelopment the City of Providence since 1854 215 to 202 on March 15 and, if enacted, only makes it In late January he publicly urged the U.S. Departmore difficult for those who need job training to get it. ment of Labor to revisit its suspension of enrollment at FIRECenters FIGHTERS LOCAL 799 States, including “This is the time to be investing in workforcePROVIDENCE develJob Corps around the United INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS See Langevin cont. on page 9
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APRIL 2013
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APRIL 2013
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Langevin cont. from page 7 the one in Exeter. According to Langevin’s office, Job Corps, which is established through the Workforce Investment Act, offers business, construction, cooking, health, IT, and other courses to students aged 16 to 24 at no cost. “The severe cuts … combined with the decision to suspend student enrollment at all Job Corps centers, will not only be detrimental to students, it will have a significant negative impact on staff and local economies,” Langevin wrote in January 25 letter to acting U.S. Labor Secretary, Seth Harris. Langevin warned that local centers would be forced to institute layoffs. “There should be no higher priority of policymakers and this Administration than providing quality job opportunities for Rhode Islanders and all Americans,” Langevin said in a press statement. “Particularly in Rhode Island, we know that the disconnect between the skills our workers are learning and the qualifications employers need has held back our economic recovery,” he added. “The Job Corps initiative’s ability to collaborate with industries to prepare young people for available jobs is an important
Brett LaPlante Organizer/Agent
part of our efforts to address this challenge. This is not the time to be cutting back on the opportunities for our workforce to benefit from the program.” (As of this writing, the enrollment was still suspended, according to Langevin’s office.) For his efforts in this area, Langevin was named one of two recipients of the National Policymaker of the Year Award at a conference for the Association for Career and Technical Education held in Washington, DC early in March. Langevin pushes for full career education funding Langevin has also gone on the offensive to push for more federal support for vocational training. This past February he took to the House floor to call for full funding of the Perkins Act, which pays for career and technical education programs (known as CTE). Langevin said the need for such programs has only gone up since 2010—the last year full funding was provided. Langevin noted that President Obama in his State of the Union address had also called for a “new chal-
John McMullen Business Agent
lenge to redesign America’s high schools so they better equip graduates for the demands of a high-tech economy.” The President said: “We’ll reward schools that develop new partnerships with colleges and employers, and create classes that focus on science, technology, engineering, and math—the skills today’s employers are looking for to fill jobs right now and in the future.” Langevin said CTE programs have a “critical role” in “creating these effective partnerships” that align student skills with the needs of employers. “More and more employers need highly skilled workers,” Langevin said. “I hear right now from Rhode Island employers with job openings that they can’t fill because they can’t find workers with the right skills to fill the jobs that they do have available. And meanwhile, our unemployment rate remains unacceptably high… How can we expect or help businesses to start a company or expand their company or to relocate jobs from overseas if we don’t have the workers with the right skills to do the jobs that would be and are available?”
Paul Alvarez Business Agent
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Common Ground
APRIL 2013
Rhode Island carpenters give back to their community The 10th annual Rhode Island Carpenters raffle “Dollars for Food Drive” was a huge success. Thanks to our members, friends, families, co-workers and contractors, over $7800.00 in funds were raised this year to give to our community sponsored project. Every year, the local holds a raffle to help our hometown charity. For the last 10 years the local has held a raffle to help the Rhode Island Family Shelter. We would like to thank everyone who has helped over the years! You have truly made a difference in the lives of those who need a helping hand during a difficult time in their lives. THANK YOU!
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Common Ground
APRIL 2013
Page 11
The Dangers of Borrowing for College Gayle M. Jendzejec, the College Prep Collaborative
It has come to our attention that few parents take into consideration their debt-to-income ratio in preparation for sending their children to college and paying college tuition bills. PLUS (Parent Loan For Undergraduate Students) loans are easy to obtain. Because this loan is given out mainly based on your credit payment history, your debt-to-income ratio plays a minor role in getting this money for college. This could be very dangerous for the financial wellbeing of the parents. Borrowing too much money in the parents’ name could have a drastic effect on future
borrowing needs, not to mention taking money away that should be put aside for retirement. Borrowing too much money in a student’s name could also have a negative effect on the future debt-toincome ratio of the student, once the student receives a degree and enters the job market. If a student (after graduation) can keep their debtto-income ratio at 10 percent or less, it is considered very good (excluding holding a mortgage). A debt-toincome ratio of 20 to 28 percent is acceptable after graduation as long as the student’s income is enough to manage the debt (excluding holding a mortgage).
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So what is an acceptable debt-to-income ratio? On the average, an acceptable debt-to-income ratio of 36 percent or less is good. Some of you may live in an area with a high-cost of living. In this case, a debt-to-income ratio of 37 to 42 percent is acceptable by many lenders. If a person’s debt-to-income ratio is between 43 and 49 percent, some lenders will conclude that this is too much debt and you could pay a higher interest rate on new loans due to the higher risk of repayment. If the debtto-income ratio is above 50 percent, a person is headed toward serious financial problems. You should speak to someone who has the expertise to help you through the maze of borrowing for college while balancing your other obligations. Don’t get caught off guard, borrowing the wrong way can have a severe impact on your future and future financial goals. Talk to an expert now. Call or email us for your free report on student loans. Call us at 401-821-0080 ext. 12 and ask for Gayle. Or e-mail gayle@collegeadvisorsgroup.com. For more information, visit www.collegeadvisorsgroup.com.
Page 12
State Housereport
Common Ground
APRIL 2013
Common Ground News & Radio
Labor Bills Filed in the RI Senate: The Complete List Note: Text is taken from official bill summaries with minor edits only for readability. As of March 7, 2013. SB No. 52 Sponsors: Lombardi, Doyle, Goodwin, McCaffrey, Ciccone Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS -- WORKERS’ COMPENSATION -- GENERAL PROVISIONS Summary: would require all bidders on public works projects to provide evidence of workers’ compensation coverage Status: 01/16/2013 Introduced, referred to Senate Labor SB No. 101 Sponsors: Doyle, Lombardo, Ciccone, Lombardi Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS -- WORKERS’ COMPENSATION BENEFITS Summary: would repeal the section of the RI General Laws relating to continuation of workers’ compensation benefits for partial incapacity. Status: 01/22/2013 Introduced, referred to Senate Labor SB No. 102 Sponsors: Doyle, Ciccone, Lombardi, Satchell Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS -- WORKERS’ COMPENSATION -- MEDICAL SERVICES Summary: would require employers to pay the reasonable transportation costs for employees that travel round-trip to receive workers’ compensation related health care services. Status: 01/22/2013 Introduced, referred to Senate Labor SB No. 149 Sponsors: Kettle Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS Summary: would submit to the electors of the state a non-binding referendum question concerning whether or not union membership would be a requirement of employment Status: 01/24/2013 Introduced, referred to Senate Labor SB No. 226 Sponsors: Doyle, DaPonte, Fogarty, Nesselbush Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS - HOISTING ENGINEERS Summary: would specify the experience and educational criteria required for the licensing of steam, electric, internal combustion, electric or compressed air hoisting engineers. Status: 02/06/2013 Introduced, referred to Senate Labor SB No. 228 Sponsors: Picard Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS - WORKERS’ COMPENSATION - BENEFITS Summary: would relieve the employee from the burden, when seeking to prove a recurrence of a work-related incapacity to work and the need to document a comparative change of medical condition. Status: 02/06/2013 Introduced, referred to Senate Labor SB No. 229 Sponsors: Doyle Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS -- WORKERS’ COMPENSATION -- BENEFITS Summary: would change the spendable base wage calculation from 75% to 85% under the workers’ compensation law. This act would also make additional changes to the law relating to partial incapacity. Status: 02/06/2013 Introduced, referred to Senate Labor SB No. 230 Sponsors: Crowley, Pichardo, Goldin, Sosnowski, Conley Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS -- RHODE ISLAND WORKER PROTECTION AND JOB LOSS NOTIFICATION ACT Summary: would create the “Rhode Island Worker Protection and Job Loss Notification Act” which would require an employer to give certain notifications to employees in businesses with at least seventy-five (75) employees, operating for more than three (3) years Status: 02/06/2013 Introduced, referred to Senate Labor
SB No. 231 Sponsors: Goldin, Paiva Weed, Miller, Nesselbush, Metts Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY INSURANCE Summary: would establish within the state temporary disability insurance program, a temporary caregiver insurance program to provide benefits to workers who take time off for a seriously ill child, spouse, parent, domestic partner or to bond with a new child. Status: 02/06/2013 Introduced, referred to Senate Labor SB No. 250 Sponsors: Goldin, Crowley, Jabour, Miller, Pichardo Title: AN ACT RELATING TO HUMAN SERVICES -- THE RHODE ISLAND WORKS PROGRAM Summary: would provide that if families qualify under income level, child care will be provided on a short-term basis so that the family can participate in training, apprenticeship, internship on-the-job training) Status: 02/13/2013 Introduced, referred to Senate Finance SB No. 256 Sponsors: Lynch, Gallo, Lombardi, Goodwin, Sosnowski Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS - MINIMUM WAGES Summary: would raise the minimum wage commencing January 1, 2014 to eight dollars and twentyfive cents ($8.25) per hour, and would require adjustments by the Department of Labor and Training commencing January 1, 2015. Status: 02/13/2013 Introduced, referred to Senate Labor SB No. 257 Sponsors: Pichardo, Walaska, Jabour, Raptakis, Goldin Title: AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- HUMAN RESOURCES Summary: would appropriate $2,000,000 from the general fund to the human resource investment council to build the skills of Rhode Island’s workforce. Status: 02/13/2013 Introduced, referred to Senate Labor SB No. 293 Sponsors: Miller, Doyle, Lombardi, Gallo, McCaffrey Title: AN ACT RELATING TO LABOR -- APPRENTICESHIP Summary: would require that all bidders responding to an invitation to bid on a public works project would have an indentured Class A apprenticeship program, and that no less than 15% of the project’s labor hours be performed by apprentices in this program. Status: 02/12/2013 Introduced, referred to Senate Labor SB No. 294 Sponsors: DiPalma, Sosnowski, Pearson, Lombardi, Ciccone Title: AN ACT RELATING TO PUBLIC PROPERTY AND WORKS -- LABOR AND PAYMENT OF DEBT BY CONTRACTORS Summary: would require that bidders provide a list of subcontractors prior to an award of a contract for public works. Status: 02/12/2013 Introduced, referred to Senate Labor SB No. 357 Sponsors: Metts, Goldin, Pichardo, Jabour, Miller Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS - FAIR EMPLOYMENT PRACTICES Summary: would prohibit inquiries on employment applications regarding prior criminal convictions except when federal or state law specifically disqualifies a person from employment because of a prior conviction or authorizes such inquiries Status: 02/13/2013 Introduced, referred to Senate Judiciary
Common Ground SB No. 363 Sponsors: McCaffrey Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS -- PUBLIC EMPLOYEE ORGANIZATION Summary: would authorize the labor board to certify and recognize union representatives of public employees that submit authorization cards signed by at least 70% of its eligible employee members. Status: 02/13/2013 Introduced, referred to Senate Labor SB No. 364 Sponsors: McCaffrey, Satchell Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS -- RESPONSIBLE CONTRACT RESOLUTION ACT Summary: would provide for binding arbitration for disputes between school committees and both certified teachers and non-teacher employees. This act would also provide that public school teachers could not strike Status: 02/13/2013 Introduced, referred to Senate Labor SB No. 365 Sponsors: McCaffrey, Satchell Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS - ARBITRATION - CONTINUING OF CONTRACTUAL PROVISIONS Summary: would require that contractual provisions contained in a collective bargaining agreement with the certified school teachers, municipal employees, firefighters and municipal police will continue until a successor agreement is reached Status: 02/13/2013 Introduced, referred to Senate Labor SB No. 366 Sponsors: Cool Rumsey, Doyle, DaPonte, Fogarty, Nesselbush Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS - HOISTING ENGINEERS Summary: would specify the experience and educational criteria required for the licensing of steam, electric, internal combustion, electric or compressed air hoisting engineers) Status: 02/13/2013 Introduced, referred to Senate Labor 03/05/2013 Withdrawn at sponsor’s request SB No. 367 Sponsors: Crowley, Sosnowski, Ottiano, Lynch, Metts Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS -- RHODE ISLAND WORKER PROTECTION AND JOB LOSS NOTIFICATION ACT Summary: This act would create the “Rhode Island Worker Protection and Job Loss Notification Act” Status: 02/13/2013 Introduced, referred to Senate Labor SB No. 368 Sponsors: McCaffrey, Goodwin, Lombardi, Miller, Gallo Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY--GENERAL PROVISIONS Summary: would clarify the definition of independent contractor by providing a presumption that a person is an employee unless certain specific conditions are met Status: 02/13/2013 Introduced, referred to Senate Labor SB No. 372 Sponsors: Walaska Title: AN ACT RELATING TO PUBLIC PROPERTY AND WORKS -- STATE PURCHASES Summary: would amend the law on state purchases so that when the chief purchasing officer determines an allowable cost it would include the cost of labor and benefits of programs mandated by a workers’ compensation insurer. Status: 02/13/2013 Introduced, referred to Senate Finance SB No. 400 Sponsors: Picard, Walaska Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS - PAYMENT OF WAGES Summary: would allow employers who have at least 1,200 employees and if their average payroll exceeds 200% of the state minimum wage to pay wages less frequently than weekly, biweekly, or semi-monthly. Status: 02/26/2013 Introduced, referred to Senate Labor SB No. 401 Sponsors: Satchell, Pichardo, Conley, Cote, Lynch Title: AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF LABOR AND TRAINING-SUBSIDIZED TRAINING AND EMPLOYMENT PROGRAM Summary: would establish the subsidized training and employment program within the Department of Labor and Training for the purpose of assisting small businesses. Status: 02/26/2013 Introduced, referred to Senate Labor SB No. 402 Sponsors: Lynch, Paiva Weed, Algiere, Cote, Ruggerio Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS -- ESTABLISHING BACK TO WORK RHODE ISLAND PROGRAM ACT OF 2013 Summary: would assist employers and potential
APRIL 2013
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employees by creating the “Back to Work Rhode Island Program.” Status: 02/26/2013 Introduced, referred to Senate Labor SB No. 403 Sponsors: Sheehan, Fogarty, Paiva Weed, Ruggerio, Algiere Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS - THE RHODE ISLAND JOBS MATCH ENHANCEMENT PROGRAM Summary: would establish the RI jobs match enhancement program to streamline and enhance the efficiency of the department of labor and training. Status: 02/26/2013 Introduced, referred to Senate Labor SB No. 418 Sponsors: Cote, Sheehan, Felag, Lombardo, Kettle Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS Summary: would establish the E-Verify compliance chapter. It would also require all non-governmental employers within the state with 3 or more employees to apply to participate in the E-Verify program and to participate if accepted. Status: 02/26/2013 Introduced, referred to Senate Judiciary SB No. 475 Sponsors: Cool Rumsey, Doyle, DaPonte, Jabour, Nesselbush Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS - HOISTING ENGINEERS Summary: would require participation in an apprentice program and other requirements to obtain a hoisting engineers license. Status: 02/28/2013 Introduced, referred to Senate Judiciary 03/05/2013 Withdrawn at sponsor’s request SB No. 493 Sponsors: Ruggerio, Miller, Lynch, Jabour, Nesselbush Title: AN ACT RELATING TO EDUCATION AND LABOR - SOCIAL MEDIA PRIVACY Status: 02/28/2013 Introduced, referred to Senate Judiciary SB No. 531 Sponsors: Pichardo, Jabour, Goldin, Crowley Title: AN ACT RELATING TO HUMAN SERVICES - THE RHODE ISLAND WORKS PROGRAM Status: 02/28/2013 Introduced, referred to Senate Finance SB No. 545 Sponsors: McCaffrey, Lynch Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS -- WORKERS’ COMPENSATION COURT Status: 02/28/2013 Introduced, referred to Senate Judiciary SB No. 571 Sponsors: Lynch, Gallo, McCaffrey, Lombardo Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY – BENEFITS Status: 02/28/2013 Introduced, referred to Senate Labor SB No. 572 Sponsors: Gallo, Lynch Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY--GENERAL PROVISIONS Status: 02/28/2013 Introduced, referred to Senate Labor SB No. 573 Sponsors: Cool Rumsey, Cote, Fogarty, Ottiano, Raptakis Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT SECURITY--GENERAL PROVISIONS Status: 02/28/2013 Introduced, referred to Senate Labor SB No. 574 Sponsors: Lynch, Ciccone, Archambault, Conley Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS Status: 02/28/2013 Introduced, referred to Senate Labor SB No. 683 Sponsors: Pichardo, Miller, Felag, Lynch, Goldin Title: AN ACT RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY-CONTRIBUTIONS Status: 03/06/2013 Introduced, referred to Senate Labor
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Third Anniversary of the Affordable Care Act By Lt. Gov. Elizabeth Roberts, Chair of the Healthcare Reform Commission March marked the third anniversary of the Affordable Care Act (ACA), the health reform law also known as Obamacare. In Rhode Island, the law is best known for the new health benefits it offers residents to help them take care of themselves, their families, and their employees. When the Supreme Court upheld the law last year, it cleared the path for Rhode Island to continue to implement the health reforms it has been working on since 2010. It seems everyone knows someone who is better off because of the ACA—whether it’s the grandmother
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Common Ground
APRIL 2013
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Common Ground
APRIL 2013
Would You Know How to Price Your Home? Submitted by The Simoneau Group Many homes remain unsold for a long time because they’re over-priced. Pricing your home right is essential if you want to sell your home in quick time. Expecting more for your home than the rates that prevail in the market will only delay the sale of your home, unless your home has something more to offer than other homes. When it comes to pricing your home for sale, you need to consider that your home is going to be competing with other similarly priced homes in your area and unless there’s a short supply of homes for sale, you’re going to have to set a competitive price. All that being said, some homes do sell for more, as do some homes for less. It all comes down to how you set your asking price, how your agent goes about negotiating, and what are your costs involved in the selling process. Let’s discuss some options on how you can determine a fair asking price for your home in the current prevailing market conditions. Real estate agents: Whether you intend on using the services of an agent to sell your home or not, keep in mind, they do provide you with some very valuable services to get your home sold fast. Agents will usually offer to give you a free “Comparative Market Analysis (CMA)” of homes recently sold and presently on sale
in your neighborhood. This data should be useful in helping you set a reasonable asking price, keeping the features of your home in mind and how it compares with the others. Internet Listings: Browsing Internet home listings will give you a fair idea of how much homes are priced in your neighborhood and how much you might be able to sell it for. Many Internet sites are available with listings and there is also realtor.com which offers MLS listings. Driving by the neighborhood: Surveying the area yourself by visiting homes presently on sale will give you a good idea of how much you can possibly quote for your home. Home Appraisal: Getting a real estate appraiser to put a value on your home, based on its condition and recent home sales in your neighborhood, should give you a fair price range in which you can sell your home. The appraisal can also be used to help justify your price when your agent starts negotiating with buyers. So setting your price range after investigating two or more sources is a great start. This would help you to justify the price you hope to set. Use your agent’s experience and knowledge to tweak that range of values
to your advantage. Your home should sell fast as long as there’s a reasonable amount of demand for homes in your neighborhood and you don’t overprice your home when compared to other homes in your area. Feel free to contact our real estate group for any issues or questions that you might have! We are here to help. At The Simoneau Group we are “Realtors for Working Families.” Contact us at 401-349-5034 (office) or 401837-6328 (cell). For more information, visit us online at www.thesimoneaugroup.com.
Common Ground
APRIL 2013
Page 19
Sequester Leaves Seniors in the Cold By John A. Pernorio, President, Rhode Island Alliance for Retired Americans Washington, D.C.—Across-the-board budget cuts that take effect from the sequester will affect senior citizens across the country. The failure of the Senate to pass the American Family Economic Protection Act (S. 388), which would have raised revenue from the wealthiest Americans and corporations who send jobs overseas, means that many seniors will face cuts to programs and services they need. Without the Low-Income Home Energy Assistance Program (LIHEAP) assistance, many seniors will not be able to pay their heating bills. Without transportation service assistance to help them perform vital tasks like going to the doctor or picking up prescriptions, many retirees will face hardship. While key programs such as Social Security, Medicare, and Medicaid benefits, are untouched by the sequester, the Social Security Administration (SSA), which administers the benefits, is not. Cuts to the SSA budget will make it more difficult to pay beneficiaries correctly and to promptly correct mistakes. Already, years of budget cuts and hiring freezes have affected Social Security’s ability to handle workload increases, and the additional cuts required under sequestration will cause further erosion. Office hours na-
tionwide have been already slashed by 23 percent causing in-person meetings and telephone interviews to be significantly delayed. The Alliance for Retired Americans will keep a close eye on future budget discussions and work to ensure that Social Security, Medicare, and Medicaid are not unjustly targeted to balance a budget deficit they did not create. It’s time for our country to take on the deficit fairly. That means raising revenues from those who can afford it. We must keep our nation’s promises to Social Security, Medicare, and Medicaid. Impress your friends, learn what the Health Benefits Exchange is To view a link from the U.S. Department of Health and Human Services, go to http://tinyurl.com/b9odxnb. It explains the Health Benefits Exchange, an important part of health care reform that takes effect in 2014. It will be a new way for individuals, families, and small businesses to get health insurance. Whether you’re uninsured, or just want to explore new options, the exchange will give you more choice and control over your health insurance options.
Small business owners oppose cuts to Social Security and Medicare Small business owners are adamantly opposed to benefit cuts. Eighty percent of small business owners oppose cutting Social Security benefits, and 75 percent oppose any cuts to Medicare, according to a recent poll by Small Business Majority. Business owners realize that if these vital programs are cut, their customers will no longer have money to spend, which would hurt their businesses and, by extension, the entire economy. Respondents said that instead of cutting benefit programs, the government should raise money by closing tax loopholes for large corporations and ending subsidies to oil and gas companies. To see the Washington Post’s write-up of the poll, go to http://tinyurl.com/ayf9xm2. These numbers show that small business owners are keenly aware that any cuts to Medicare and Social security would not just be a disaster for seniors by leaving beneficiaries without a substantial portion of their income, these cuts would also cause great harm to the economy as whole by forcing seniors to sharply reduce their spending. For more information visit: www.ri-ara.org
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Common Ground
APRIL 2013
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APRIL 2013
Page 21
U.S. children are ‘sicker’ than ever: Do we have the courage to stop this? By Joy Feldman
When did we as a society become so disconnected from the food we eat that we no longer know how it affects our body and our health? For children, this is evident in Jamie Oliver’s Food Revolution which chronicled unhealthy American school lunches and his struggle to introduce healthier foods to school-aged children. How shocking, more so than the school lunches, was the inability of children to distinguish between tomatoes or potatoes, and sadly elementary-aged children, again and again, could not identify even the most common of foods. Indicative of a widespread detachment from one of the most basic survival instincts, eating for health seems to be lost. Knowing about fresh foods helps to combat unhealthy food choices. And one wonders why the obesity rate is soaring for our young people? The childhood obesity rate has more than doubled since 1980, and the number of children considered obese has shot past 12 million. Obesity is now considered a national epidemic, spurring a cocktail of kindred ailments: coronary heart disease, Type 2 diabetes, cancers, hypertension, dyslipidemia, stroke, liver disease, sleep apnea, osteoarthritis, and gynecological problems. And the disconnect continues between what we consume and health. Take soda for example. The health hazards of drinking this sweetened carbonated beverage is no secret and yet American children and adolescents continue to imbibe this product as the largest source of sugar in their diet. A Yale University Rudd Center for Food Policy and Obesity study supports this fact, yet sadly we continue as a nation to rank first
among countries in soft drink consumption. It is time for us, and for our children to learn that they are what they eat. The early years are crucial for children’s health because young people have tremendous internal demands on their bodies for development. They are building a system and laying a foundation of health for a lifetime. Vitamin and mineral-rich diets are crucial to children’s healthy development and ensure that biochemical processes trigger excellent energy production. Appropriately sized nutrient-dense meals (proteins, vegetables, whole grains, and healthy fats) are needed to power the complex biochemical processes required to optimize metabolism, which minimizes the risk of many health issues. We are at a juncture where we need to empower children to learn what healthy foods are and are not, and to help them become their own best advocates when asking for and receiving meals. On March 11 the first annual RI Statewide Read took place as an act of solidarity on behalf of children’s health (it was March 12 in Warwick and Narragansett). Over 75,000 students at more than 200 schools, libraries, youth programs, and health centers throughout the state participated in the Statewide Read event of Is Your Hair Made of Donuts , a book I wrote and published to speak directly to young children and engage them with a fun story line they can relate to—but with a serious underlying message. If my book has one point to make it is that “you are what you eat.” This event recognized March as National Nutrition Month—the 40th anniversary of nutrition awareness.
As this event was being organized—literally one school, one library being recruited at a time—we sought out guest readers and we are pleased to report that Governor Chaffee, Dr. Fine, the Director of the RI Dept. of Health, as well as eight mayors from across the state volunteered to read to young children. Both educational and news leaders, medical professionals, and parents, read as well. Nine corporate sponsors joined to provide support, including books, educational materials, and healthy snacks. The perilous effects of obesity will continue to plague our children if we do not muster up the courage to stand for change. It is imperative that we begin to re-educate our children on the ABC’s of optimal nutrition and the benefits of nutrient-dense foods so that our young people can flourish and develop into healthy adults. By modeling healthy behaviors for our children, we can reverse the mindless eating trends that have now become commonplace and acceptable in our country. The theme for Nutrition Month is “Eat Right, Your Way, Every Day”—but I raise the more serious question “Do we have the courage to stop this?” The smallest state in the country led the way last month, and by the outpouring of support, we have stood up and said, “Yes, we have the courage.” We can set a lasting example for the entire country—beginning here, beginning now. Joy Feldman is the President of JHF Nutritional Consulting and author of Joyful Cooking in the Pursuit of Good Health and Is Your Hair Made of Donuts? For more information visit www.joyfeldman.com or www.isyourhairmadeofdonuts.com.
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Common Ground
APRIL 2013
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Common Ground
APRIL 2013
Page 23
The big reason for postal service woes By Fredric Rolando
Washington, D.C.—Rooted in the U.S. Constitution and older than the country itself, the U.S. Postal Service supports 7.5 million private-sector jobs in the mailing industry. The Postal Service is essential to the fast-growing Internet-sales industry. And the USPS is navigating this struggling economy relatively well, even making an operating profit in the most recent quarter. Yes, making a profit. When you count how much money the Postal Service earned on postage, and subtract how much it spent delivering the mail and paying related bills, the Postal Service earned a $100 million profit in the last three months of 2012. And remember, the USPS uses no taxpayer money. So why all this talk about the Postal Service losing money? And why is Postmaster Gen. Patrick Donahoe planning to end Saturday mail delivery? There’s no question that the Postal Service faces big challenges. Both e-mail and a struggling economy are dragging down mail volume. But the Postal Service’s financial problem is actually driven by Congress’s decision to “pre-fund” retiree health-care costs. Beginning in 2007, the USPS has been required to pay 75 years of those costs in advance, and to do so within just 10 years. This pre-funding accounts for about 80 percent of the “losses” sustained by the Postal Service over the last six years that you’ve heard so much about. Indeed, that last quarterly profit was wiped out by a $1.4 billion pre-
funding payment. No other government agency or private company is required to pre-fund retiree health care. This isn’t the same thing as postal pensions, which should be, and are, pre-funded. Most businesses just pay retiree health-care bills when they’re due, but the pre-funding law forces the USPS to pay these bills all at once, far in advance. Any other company would use its available funds to modernize so that it can stay healthy. The Postal Service should be taking advantage of the enormous growth in package delivery driven by Internet sales. Instead, because it must put every spare penny into pre-funding retiree health care, it’s stuck in crisis mode. What’s more, the savings from dropping Saturday delivery would be much smaller than they appear. Cutting Saturday service will drive away some Monday-throughFriday customers, too, such as magazine and newspaper publishers that may just switch to other delivery services for the entire week. A study by the Postal Regulatory Commission found that ending Saturday delivery would hurt the public and save significantly less than assertions suggest. Saturday delivery is particularly vital for the elderly, disabled, people in rural areas, and those who need medicine or equipment delivered to their doors. No other company provides universal delivery service to every address in the country, six days a week. Even such private
shippers as Federal Express and United Parcel Service use the U.S. Mail for up to a third of their final deliveries to customers’ doors because they can’t match the efficiency of the postal network. Congress has required Saturday delivery by law for three decades. Instead of trying to defy Congress, Postmaster Gen. Donahoe should urge lawmakers to fix the pre-funding problem and give the Postal Service room to adapt for the future. Letter carriers aren’t waiting for Donahoe to figure this out. We’ll be out in full force across America on Sunday, March 24. At rallies in Mobile, Ala., Bismarck, N.D., San Diego, Calif., and more than 100 other cities and towns, we’ll have a clear message for Congress—keep Saturday delivery, end the unnecessary pre-funding, and develop a real reform plan that gives the Postal Service the freedom to grow and innovate in the digital era. For more information or to find a rally near you, please visit deliveringforamerica.com. Fredric Rolando is president of the National Association of Letter Carriers. Editor’s note: The Rhode Island AFL-CIO urges readers to support their Brothers and Sisters at a National Association of Letter Carriers (NALC) “Delivering for America Rally” on Sunday, March 24 from 1 p.m. to 3 p.m. at the Garden City Post Office, 200 Midway Road, in Cranston.
Common Ground
APRIL 2013
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