Maine Stater : October 1985 by Maine State Library

Maine Stater

PUBLISHED BY THE MAINE STATE EMPLOYEES ASSOCIATION Vol. X X N o. 9

O ctober, 1 9 8 5

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UPS 709-700

Game W ardens’ Jobs Fall Victim To Misguided Application Of Fair Labor Standards Act “ Warden Service is unique in that a Warden works when and at hours he feels necessary to carry out his duties and get the jo b done. This in itse lf has been one o f the things that has made being a Game Warden a way o f life and n o t ju s t another jo b . . . I for one would never like to see the day when a Warden is told what hours to work and where. If that day ever comes then being a Maine Game Warden w ill become ju s t anoth er job. ” When Chief Warden Charles Allen wrote those com ments in a letter to Maine Game Wardens in 1975, he was co n cern ed ab o u t ap p licatio n of the Federal Fair

Labor Standards Act (FLSA) to their jobs.

Congress

had just passed an arncnamcm ™ i t -.w .T.^vwg state law e n f o r c e m e n t personnel like Game Wardens subject to fed eral overtim e pay rules.

In 1976, however, the Supreme Court rules against applying the FLSA to state and local government em ployees; the issue was forgotten until this year. Now, it’s returned with a vengeance. The Supreme C ourt’s Garcia decision this February reversed the previous court ruling; now the FLSA does apply to overtime work for state and local government employees. But the Brennan Administration has over reacted to the Garcia decision by drastically changing the Game W arden’s job — abruptly ending the ‘‘24hours a day, 7 days a week” service Wardens provided to the public until this year. The Governor has issued an Executive Order effective October 6 which puts Wardens on a “standard” 40 hour week, and takes away their “ non-standard” pay. Following an uproar over the enforcement of the FLSA across the country, Congress is considering Legislation this fall to delay the effective date of the Act to next April while they consider modifying it. Yet the Brennan Administration and the Department of Inland Fisheries & Wildlife seem determined to take away the “ non-standard” hours of work and the 16% pay differential that Game Wardens have successfully negotiated in MSEA contracts for their clearly “ non standard” kind of work. This one-sided decision is already having a seriousContinued on page 3.

Inside Bargaining Teams C h o sen.................................... MSEA Budget Proposes Dues Increase.......................

MSEA Executive D irector Phil M errill jo in e d Maine Game Wardens David Peppard (chapter president), Gary Sargent, and Glen Feeney at an O ctober 1 press conference in Augusta.

M itchell Plays Key Role

Mandatory Social Security Voted Down; Medicare Coverage Still Com ing The September issue of the Stater featured a front page story on two provisions of the proposed 1986 federal budget which would have significant impact on Maine state employees: mandatory social security coverage for all new state workers hired after January 1, 1986; and Medicare coverage effective the same date for new and current employees. The budget debate in Congress resumed in late September after its summer recess. MSEA joined nu merous other public employee unions and organiza tions lobbying in Washington. D. C. against the

imposition of these two provisions — which would force ma or changes in the Maine State Retirement System and in the Maine State Employees Health In surance Program — as Congress’ way of raising reve nue to fund the huge federal budget deficit. The lobbying effort met with some success. Following a close vote of the Senate Finance Committee, m anda tory social security was removed from the proposed budget resolution. Medicare coverage was voted to stay, and may still be coming for Maine state emC ontinuedon Page 2

CANDIDATES FOR TOP MSEA O F F IC E ........................... P P . 4-5

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ployees, but strong efforts are underway to delay its Social Security and Medicare coverage for state and implementation. local employees. Maine Senator George Mitchell, a member of the During consideration of the bill in the Senate Fi Senate Finance Committee, played a crucial role in eli nance Committee, on which I serve, the proposal to minating the mandatory social security provision, and mandate coverage under the Social Security retire is fighting to delay the onset of Medicare coverage — ment program was dropped. However, the proposal which would cost state workers 1.45°-- of monthly was included in the package to include all current and salary when it goes into effect. future state and local employees under the Medicare Mitchell sent a letter to the Stater in October de Program. I voted against this proposal, which passed scribing his efforts on behalf of Maine public em the committee by a vote of 13-5. ployees, printed here. I subsequently offered an amendment to delay the October 10. 1985 date of implementation of this provision until 'anuary To Members of the Maine State Employees Associa 1, 1987. While my amendment was not successful, the tion: * i, - . . * f. , . committee did agree to a September 30, 1986 date of A recent attempt was made to include in the Fiscaf enactment for coverage. year 1986 Budget Reconciliation Bill to mandate As I stated during the debate on this issue in the Fi nance Committee, it is inconsistent for the President and other federal officials to engage in rhetoric about 18PUBLICATIONNO 2OATEOFFILING not raising federal taxes while compelling every mu ATITLEOfPUBLICATION Oct.l, 1985 nicipality in Maine to raise property taxes. .Maine Stater 3 8 A N N U A L S U B S C R I P T I O N 3ANOOfISSUESPUBLISM EO PR'CE IFREQUENCYOfISSUE In Maine, the State Retirement Program has been $1.80 m onthly iCOM PLETEM AILINGADDRESSOfKNOW NOffICEOfPUBLICATION(StreetCM ).C.m independent and successful for many years. I am con 65 State St., Augusta, Maine 04330 cerned about the impact of the proposal on both cur >COM PLETEM AILINGAOORESSOFTHEHEADQUARTERSOFGENERALBUSINESSOFFICESOFTHEPUBLISHER(Nott rent employees and retirees. 65 State St., Augusta Maine 04330 6FULLNAM ESANOCOM PLETEM AH,<G>OOR£SSOFPUBLISHER.EDITOR.ANOM ANAGINGEDITOR;ThaitemM iSTNOTbeblank) While this provision is now part of the Budget Rec PUBLISHER(Nam eandComputeM ailingAtkin onciliation Bill before the Senate, I intend to offer an Philip Merrill, 65 State St., Augusta, ME. 04330 EDITOR(Nom eendCommuteXM .njAddreu) amendment to this legislation when the bill comes to Donald Matson. 65 State St., Augusta, ME. 04330 the Senate floor to delay the implementation of the VIANAGINGEOITOR(NomeendComputeM tdmgAddrtx provision for current employees for one year. New em >1/A ____ deddrtueiofthem >epubUca ployees would be covered on September 30, 1986. as >*hoidtnf/percent. edgivivdeunalIfow th

Senator George Mitchell at the MSEA Conven tion on the eve of the 1982 election: An MSEA en dorsement that counted. is mandated in the Senate Finance Committee bill. My amendment would give states and municipali ties an additional year to adjust their budgets to raise the needed revenues to pay the employer share of the Medicare tax. The delay would also give state and local employees additional time to prepare for this ad ditional tax on their salaries.

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OFFICERS PRESIDENT GerryStanton P.O. Box 9 So. Windham 04082 T H E M A IN E S T A T E R Phil Merrill, Editor Don Matson, Managing Editor (USPS 709-700) is published monthly for $1.80 per year by the Maine State Employees Association, 65 S ta te S tre e t, A ugusta, ME 04330. Second-class postage paid at Augusta, Maine and ad ditional mailing offices. POSTMASTER: Send address changes to The Maine Stater, MSEA, 65 State Street, Augus ta, ME 04330.

VICE PRESIDENT Robert Ruhiin 52 Manners Ave. Bangor 04401 TREASURER BradRonco RFD #1, Box 460 Hallowell 04347 SECRETARY OliveSmith P.O. Box 9 East Wilton 04234

S T E W A R D S

P L E A S E

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N O T E :

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The eligibility period for the Income Protection Plan has been changed. This will effect persons hired on or after 9/1/85. The new eligibility ruling is as follows: If you hold a permanent appointment and are a member of the Maine State Employees Association, you will be eligible for the Income Protection Plan,

DIRECTORS Robert Dugal 21 Teague Street Caribou, 04736 Wellington Noyes Jonesboro 04648

AREA1 George Burgoyne 228 Center St. Bangor 04401 Ervin Huntington P.O. Box 205 Bangor 04401

JimWebster 52 Glen St. Augusta 04330 Ed Wheaton RFD2 Pittston 04345

AREAII Bruce Hodsdon RFD #1, Box 1515 N. Monmouth 04265 Gary Brown R.F.D 1, Box 385 Augusta 04330

Ben Conant 66 High St. So. Paris 04281 Carol Gould 470 Court St. Auburn, 04210

AREAIII Bob Galloupe Box 681 Brunswick 04011 Susan Deschambault 9 Porter Street Biddeford 04005

RETIREE DIRECTOR Phil Goggins Cross Point Rd. N. Edgecomb 04556

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D provided that you join the MSEA within 180 days of hire and join the Income Protection Plan within 31 days from the date you become a member of MSEA. It will be necessary for you to file a satisfactory evi dence of good health if you fail to join the Income Pro tection Plan within the allotted time frame.

STAFF EXECUTIVE DIRECTOR Phil Merrill ASSOCIATE DIRECTORS Steve Leech, CollectiveBargaining John Lemieux. Legislative Affairs CHIEF LEGALCOUNSEL Roberta deAraujo DIRECTOR, FIELDSERVICES Roger Parlin DIRECTOR, FINANCE &ADMINISTRATION JoanC. Towle INSURANCE ATTORNEYS COORDINATOR Shawn Keenan Ethelyn Purdy Eric Nelson MEMBERSHIP RESEARCH Barbara Chaffee Chuck Hillier ACCOUNT CLERK COMMUNICATIONS Carmen Gardner Don Matson SUPPORT STAFF EDUCATION/ Steven Butterfield TRAINING Doris Clark Wanda Ingham Eric Davis Margaret O'Connor FIELD C arol Wilson REPRESENTATIVES D ebbie Roy Ron Ahiquisi C heryl Stoddard Roger Dunning C rystal Hodsdon John Graham Andy Wing Meg Castagna D onna D avis Sandy Dionne TimWooten RECLASSIFICATION Carol Webb ANALYST Betty Robinson

65 State Street, Augusta, Maine 04330 Tel. (207)622-3151 1-800-452-8794

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ly, negative effect on the morale of the Warden Ser vice, and on the job they do protecting Maine’s natural resources. The changes may also be a long way in un dermining the credibility of Department of Inland Fish eries and Wildlife’s public promises that service won’t be compromised. MSEA is continuing negotiations with the State over Warden’s hours of work, with a mediator present — talks to date have gone nowhere. The union has also filed an unfair labor practice complaint with the Maine Labor Relations Board, following the October 6 Exec utive Order. Wardens have further filed class action grievances against the state for violating the contract, and a number of individual grievances. In recent days, the issue has been prominent in the public press, and been raised by concerned groups like those rep resenting Maine sportsmen. An October 11 editorial in Waterville’s Morning Sen tinel hit the nail on the head: “If wardens are to perform efficiently, they should be allowed flexibility in their work schedules . . . cer tainly the Administration in Augusta must comply with the ruling, but we hope it can find innovative ways of doing so that recognize the unique responsibilities and work patterns of fish and game wardens out in the field . . . There must be a better way.” Had the Administration been willing over summer and fall to constructively negotiate with wardens with such a view in mind, the problem would have been re solved “in a bettery way’’ long before this. The FLSA’s short but painful history this year in Maine reveals that Maine Game Wardens may be a test case used by the Administration to try to remove contract-protected “non-standard’’ work schedules from Maine State em ployees (including Maine State Troopers) under the guise of “enforcing” the Fair Labor Standards Act. THE CiARCIA CASE The Supreme Court decided the Garcia case in Feb ruary 1985, ruling that the Fair Labor Standards Act must apply to State workers as of April ’85. The Act provides that employees must be paid time-and-a-half for all hours worked over 40 in a week. MSEA Staff Attorney Eric Nelson analyzed the court decision, and wrote in the June Stater that enforce ment of the Act might “Significantly increase the State’s costs, since it is likely to require payment of overtime in many cases when overtime is not currently paid.” (Compensation time off has been an alterna tive). MSEA requested negotiations in anticipation that the State would propose changes as it was required to enforce the Act. When talks began with the Governor’s Office of Employee Relations, all “non-standard” state employee jobs in law enforcement were under dis cussion. MSEA and the State, faced with a complex law that was still being studied, first tried an informal, cooperative bargaining approach, seeking to identify which employee classifications might require mod ified schedules to contain the potential increased costs of overtime. When MSEA was told by Ken Walo, the State negotiator, that the 16% non-standard differ ential was also at issue, the negotiations turned from cooperative to adversarial. Then on June 11, Governor Brennan issued the first of two Executive Orders, limiting non-standard em ployees’ hours of work. The purpose was to avoid sig nificant overtime costs. In the Order the Governor stressed that the FLSA had created an “emergency sit uation which if not addressed, could lead to massive layoffs, and major cuts in essential services. . .” Negotiation continued into the early summer on behalf of all law enforcement groups, with MSEA at tempting to reach agreement on two items: (1) af fected employees’ work schedules; and (2) their compensation. In August, the state sent 30-day notice to MSEA seeking to “modify” Game Wardens’ work schedules:

changing everyone to straight shift work over a 28work cycle. The change also meant districts 3 times as large for each Warden to cover! MSEA and Game Warden representatives (2 from each of 5 (divisions) requested formal negotiations over the Warden’s hours of work. The state remained adamant over ending the 16% pay differential and re jected MSEA proposals, including a “Guaranteed work week” approach for Game Wardens. Under this approach, the 16% pay differential they received would be replaced by a guarantee of sufficient hours per week to maintain earnings equivalent to their base plus 16% as in the past. That weekly figure would be approximatey 45 hours. Wardens would be able to keep the current sized districts to cover, along with their flexibility of scheduling. As negotiations continued, the Governor’s Office of Employee Relations notified MSEA it intended to implement permanent changes on October 6. MSEA and the Wardens held on October 1 press conference in Augusta, pointing out the difficulties that would follow if the State plan went into effect: 25% less coverage by Wardens, and a “serious reduc tion in law enforcement protection available.” Conerned groups such as the Sportsman’s Alliance of Maine (SAM) also protested the effect of the change and its potential impact on safety in the woods, enforcment of hunting regulations, and adequate pro tection of natural resources. On October 3, MSEA Chief Negotiator Steve Leech sent a letter to the Department of Inland Fisheries and Wildlife reminding management of Game Wardens’ rights under their contract — specifically their right to choose new shift assignments by seniority. The new shift schedule went into effect on Sunday, October 6; the union filed the Unfair lahnr On October 9, MSEA received word that Congress is considering legislation to postpone the effective date of the Act (from April '85 to April ’86), and amend the laws to allow comp, time (days off) in place of paid overtime. Executive Director Phil Merrill requested in a letter to the Governor that he postpone his October 6 Executive Order, based on this legislative initiative in Congreess. At Stater deadline time, the Governor had responded only in the public press, saying that he would “take another look” if Congress passed legis lation amending the Act. Meanwhile, negotiation/mediation is scheduled to take place on Tuesday, October 22. Assessing the possibility of an early negotiated set tlement, Leech said, “There is no valid reason why that shouldn’t happen, especially now that the heat from FLSA is off. At minimum, the Wardens could be returned to their traditional schedules through hunt ing season, allowing both parties time to work out mu tually acceptable solutions to the many issues that currently separate us. There is, however, evidence that the State will continue to use FLSA to spearhead its attack on the non-standard differential, not only with the Warden Service but with all other Law En forcement employees and other non-standard Law Enforcement employees who currently receive the dif ferential. Our information is that they've already suc ceeded with the Maine State Troopers Association, through a tentative settlement (not yet ratified at this time) which contains elements we’ve consistently re jected because of the adverse impact on compensa tion. ”lf this is true, it will be a long fight with many.bat tlegrounds. The next few weeks will tell. “In the meantime, we will continue to propose equi table solutions at the bargaining table. There are only two basic issues as I see it: Effective law enforcement; and fair compensation. They’re not incompatible. No one is proposing to milk FLSA for extra overtime hours and pay. But neither can we allow FLSA to be used to disguise or justify the gutting of compensation for our membership.”

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Public employees who work in the field usually have the best sense of what their jobs accomplish and how valuable experience and dedication can be in solving worksite problems. Game wardens throughout the State have strong feelings about the effect of the Administration’s removal of their “non-standard” work schedules — on their jobs and on the credibility of the Department of Inland Fisheries and Wildlife. Many cite the same difficul ties over and over; some comments are reprinted below. • “The safety factor — Wardens now working alone at night in large, wooded areas in unfa miliar territory.” • “I have to quit at the end of my shift now de spite poaching going on in the area.” • “Great delay in time responding to citizen complaints.” • The Administration has now started to decide what constitutes a life-threatening situation (in reference to searches).” • ...“Eight-hour shifts are not a deterrent to poachers. (24-hour on-duty is a deterrent be cause Jhey never know when the Warden is working.)” • “Concerned citizens not liable to call Augusta because of need for anonymity...and local contact.” • “Lack of one-to-one contact with people in one’s district. Always enjoyed confidentiality of various people supplying information.” • “Not having another Warden available to work warrants.” A rb itra to r R u le s o f G a m e V e h ic le

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On October 11, arbitrator James Litton ruled that the state of Maine violated MSEA contracts by prohib iting game wardens from limited, personal use of state vehicles. He restored the right of limited, personal use and ordered that the state pay wardens for use of their own vehicles in instances where they would have driven state vehicles — back to the date of prohibition. September 1984. Language on the 1984-86 MSEA contracts fand in the preceding 1982-83 contracts) permits game warden use of state cars for personal business while off-duty. But the issue is by no means over. Legislation passed in late 1983 concerning personal use of state vehicles was interpreted by Department of Inland Fisheries and Wildlife management as forbid ding such use, and the Department acted to enforce their interpretation in September, 1984. MSEA then filed a complaint with the Maine Labor Board, and a separate grievance in behalf of game wardens protest ing the Department’s action as a contract violation. In January ’85, the Labor Board ruled on the com plaint in favor of the union, restoring the right of per sonal use of state vehicles to wardens. But an appeal of this Labor Board decision by the state to Superior Court reversed the Labor Board. MSEA has taken that case to the Maine Supreme Court. Meanwhile, the grievance filed at the same time went to arbitration — resulting in the case being dis cussed here. Arbitrator Litton ruled first that the grie vance indeed was arbitrable because it concerned a violation of the contract; he then concluded that the state’s ‘preventing Game Wardens from persona! use of state vehicles during off-duty time . . . violated the contract. So that right is now restored to Game War dens — but the State will probably appeal it, too. Stay tuned for further developments.

P a g e Four

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1985 Convention delegates will be voting for a new MSEA President and Vice President to lead the union in the coming year. Gerry Stanton, MSEA President for 1984 and ’85, finishes his term in December. MSEA’s Constitution and By-Laws currently provide that the elective offices of President and Vice President shall be for a term of one year and that “no officer shall serve more than two successive terms in any one office.”

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Successful candidates must receive a ma ority of votes cast by delegates to the Convention. (The offices of MSEA Secretary and Treasurer are appointed by the MSEA President annually, with the approval of the MSEA Board of Directors). This year, there are two candidates for MSEA Presi dent and three for Vice President. They have been pro vided space below to highlight their candidacies to MSEA members .

F o r P r e s id e n t

Robert Ruhiin Bob Ruhiin, of Bangor, is an Engineering Techni cian III in the Department of Transportation. My major reason for running for the office of Presi dent is my belief that MSEA is the best union in the state of Maine for Maine public employees, and I would like to continue to work with you to keep it that way. Our success in the past has come because we have been united, determined, and willing to stand and fight for what we believed was right. Success in 1986 and beyond will require no less of a commitment by all of us to those high standards we have set for ourselves. As members of MSEA. we cannot afford to relax or rest on our past accomplishments, nor can we dwell on our defeats. We must be able to learn from both. We must continue to be a strong advocate for our fellow members, both active and retired. Soon we will be facing another legislative session with a Governor who delights in going out of his way to make us the scapegoats or the ma or focus of his at tacks; a major state-level election in which we must be actively involved; and certainly no less important, ne gotiations for contracts for the five units of state gov ernment and a contract for the non-supervisory members of the Turnpike Authority. 1986 is going to truly be a year in which we, the membership, must continue to be actively involved. We must not pass up the opportunity before us, or we put at risk all that we have fought so long and hard to obtain. We must con tinue to work together to see that MSEA remains the best that it can be. I pledge to you, the members of MSEA, my efforts towards that goal. I offer my past and present involvement and experience in MSEA to you as President of MSEA in 1986. I will continue to be spokesperson for a stronger union addressing the needs and representing the views of a majority of MSEA’s statewide members. I’ve served since 1974 as chapter delegate to the annual convention, and as President of Penobscot Chapter. I have been a steward for the Administrative Services, OMS, and Professional/Technical units since 1980. I have been elected to the MSEA Board of Directors for three terms (1977-83' and served on ten MSEA committees — including the recently formed Bargaining Review Committee — and on every statewide bargaining committee since 1977.1received MSEA’s “Member of the Year” award in 1979 and 1982.

Gil Gilpatrick Waldo “Gi7” Gilpatrick of West Gardiner is Director Of the Housing Services at the Bureau of Maine’s El derly. A lot of the subsidized housing for the elderly you see all over the state. I had a hand in creating. My job title is one of a kind in State Government, it’s classi fied as supervisory, but I have no employees and I am evaluated as professional-technical, so much for state management. I have been active in union work throughout my 23 years of state service, having been delegate, steward, committee chair, bargaining team member and Board member. Why am I running? Members should have a choice. There are two clear paths being presented 1. Con tinue with the traditional groomed candidate trained to carry on business as usual, or 2. Select a more dy namic, creative approach to making gains and solving problems. I have long been an advocate of competition for every office to bring forth the best people to represent us, to generate interest and involve more members. To some we are an Association, to others a union. By whatever name, we are strong and capable, yet the drive and excitement of a workforce to be reckoned with does not seem to come out. The president, as representative of all the active and

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retired members, must set the tone, be visible, avail able, and generally enhance the standing of MSEA to the members and general public. Be it smoking policy, non-standard workweek or day care, we have to speak out, and still keep a good working relationship with state officials and legislators. It seems that now MSEA is taken for granted, and what we think appears not to carry much weight. We have to keep the avenues of communication open, not antagonize or alienate those that can help us. This is not a time for the same conservative “business as usual” approach. Change is difficult. I want steady improvement, not the aimless drift we’ve seen, more and broader membership in volvement in finding better answers with broad based support that will unify our efforts to make progress. For the dues you pay, you deserve an MSEA that holds the stature of a bonafide progressive labor organiza tion that serves its members well. Just keeping the store open under the same old administration isn’t enough. I believe state employees and other members should be thinking of more than a small percentage increase in pay. A reduced work week and longevity pay are just two possibilities. We need to broaden our view of what can be obtained through bargaining. Active members pay $150.80 a year now in dues to support our organization;,certainly it takes money to support good representation, yet we continue to see up to 13% a year average dues increases in the last five years. It was disappointing to learn that paid staff developed the budget for 1986. I see members of the Finance Committee as charged with that responsibili ty and would see to it that they fulfill their obligation. We also need an enlightened Board of Directors that will do some homework and think for ourselves. There is ample knowledge and a wealth of ability in the membership. Let s all select good quality people that will give us quality representation. We are a very diverse work group, we are janitors, secretaries, accountants, engineers and even doctors, all with very different needs. More than ever we must consider a wide range of issues. We must make plans drawn from the varied needs and desires of all the members. We, the membership, must control our own working lives. To have our employer dictate to us. to have some small group tell us what’s best for us is unacceptable in the 1980’s and beyond. Who do you want as your friend in Augusta speak ing up for you? Who do you want explaining your story to management and the legislature Darryl Scholz and I are running as a team, a ba lanced team that shows by example how we can all pull together for the common good. We believe we can represent you well; we offer you a clear choice. Examine the facts; arrive at an informed decision that you sincerely believe is in your best interest and the best interest of the future of MSEA.

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MSEA elects two active state workers and one re tiree representative to the Maine State Employees Health Insurance Program Board of Directors, each for 3-year terms. Current employee representatives are Jim Banks of Portland, serving a 3-year term ending in December 1986, and Tom Wellman of Winslow, whose term ends in December, 1985. The Board seat held by Wellman is open this year and will be filled at the 1985 MSEA Con vention in November. Trustees oversee the entire Health Insurance Pro gram for state employees and retirees. The Board usu ally meets monthly, more often in the spring when they settle the health insurance contract.

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The Board of Trustees’ chief job is to get the best health insurance coverage and servicing at the lowest price. They also act as final arbiters of disputes which individuals may have over coverage under the health insurance contract. ‘‘The Board of Trustees are a very important link be tween MSEA membership and the Health Insurance Program," Wellman told the Stater two years ago. "Maine is one of the few states in which employees have a voice in the program.” Active members who are interested and feel qual ified to serve on the Board of Trustees of the Health In surance Program should send a letter expressing interest and describing qualifications to MSEA, 65 State Street, Augusta, 04330.

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Brad Ronco Brad Ronco, of Manchester, is a health care finan cial analyst for Human Services. Many of you already know me in my current capaci ty as MSEA Treasurer. Many of you also know I have decided to run for Vice President of MSEA. I’d like to share with you the reason why I have de cided to run. First, I tried to place the welfare of MSEA before any personal consideration. It would have been easy to continue to serve MSEA in my current office However, I believe MSEA greatly needs the back ground and experience I would bring to the office of Vice President. Second, before making the decision to run I thought over who among the MSEA Directors and other leaders could best serve MSEA members as Vice President? Who possessed the experience, knowl edge (as an MSEA activist and as a state employee) and maturity to best represent MSEA members? Who could best articulate the MSEA viewpoint to the public-at-large and to the state Mv conclusion was that the field of potential candidates is very limited. Moreover, I concluded that few other MSEA leaders possessed the combination of experience and knowl edge as a state employee or in MSEA, or the majority of judgment which I would bring to the office of Vice President. I have been a state employee off and on for 10 years, and an MSEA activist since I returned to state employment 6 years ago. The following is a summary of my experience as a state employee and MSEA leader: Member of Capitol-Western Chapter; Delegate to four Annual Conventions; Chapter Treasurer (2 years); President (2 years); currently Vice President: Chairman of MSEA Audit Committee 1982 : MSEA Treasurer (3 years): Chairman of Finance Commit tee (3 years); Member of Bargaining Committee (last 3 contracts); VEBA Committee; SOMSEA Bar gaining Committee. I have also held many other positions of responsibil ity and leadership at the state, local, and national level in several public interest, civic, church, and profes sional organizations. A word on the personal approach I will bring to the MSEA Vice Presidency, In my service as MSEA Trea surer, I have tried to operate on the basis of compe tence, honesty, integrity, and doing what is best for MSEA. As many of you know, I recommended doinq away with the automatic dues increase section of the MSEA By-Laws, believing that any dues increase should be justified to Convention delegates. I recom mended ho dues increase for 1985 because we had sufficient accumulated savings. In other words. "If you don’t need it, don’t ask for it.” As MSEA Vice Presi dent, I propose to ‘tell it like it is” to MSEA members. Traditionally, candidates are expected to have a platform, to make campaign promises which they may have no chance of accomplishing. I don’t intend to do this. I don’t view_the yjce presidency as a policy-

Darryl Scholz Darryl Scholz of Thomaston, is a highway mainten ance worker for the Department of Transportation. Democratic principles, in order to work, require in volvement. If we do not cast our vote, it is useless. If we don’t speak, our elected representatives can't act on our wishes. If we don’t provide thoughtful leader ship at the membership level, it shows in all levels of our union. The Stater is our public forum, and I am not com fortable discussing internal differences in a newspa per that is carefully read by management. Our convention is the proper place to do business, and if we are a true democracy, there will be more than one acceptable opinion, more than one proper way to pro ceed. I am offering myself as a candidate for Vice President who along with Gil Gilpatrick will provide an alternative, a real choice. We are proposing a partnership; not obedience to elected representatives, but obedience by those rep resentatives. All members of MSEA have many ave nues to voice their opinions, and as in any partnership, both sides have responsibilities. If you elect Gil and I, your job is not finished and ours begun. The election isn’t the last step in the process, it’s the first. Don’t elect us and leave us alone to run thinqs. Elect us and supervise us. Direct us and hold us ac countable for our actions. Work with us on commit tees, through the chapters, the Stater, the staff and the phone. One or two people can’t do it all or do it alone. That is why MSEA was formed, that is the Union way. A partnership. The greater the number of active partners, the greater the results. My involvement will continue, you will determine where I serve. IN SOLIDARITY, ___________ Darryl Scholz making position. It is an administrative position. The Convention makes policy for MSEA. The ' ice Presi dent (among other MSEA leaders) is charged with car rying out, through MSEA staff, the policies expressed by MSEA members through their elected delegates to the Convention. As MSEA Vice President, I will try to the best of my ability to serve MSEA members. There are 2 or 3 areas where I think we need to put more effort. We need to follow through on our effort to have an “MSEA” bulletin board in every worksite (In ternal communication with members). We should know where every member works and their new work site if they transfer. Furthermore, although much has been said recently about internal communication (we’re getting better at this every day). I don’t think we are doing nearly enough in the way of external com munication with our ultimate employer, the Maine public. We need them on our side. We need to do more in communicating the quality work we do in pro viding vital services which make their lives more en joyable (State Museum, State Parks, etc ) and safer (clean air, water and food, safe winter roads, etc.) We know the kind of quality job we do and how important

Jim Webster Jim Webster, of Augusta, is a medical claims evalu ator for the Department of Human Services. I’d like to take this opportunity to introduce myself to you. My name is Jim Webster, and I’m running for Vice President of MSEA. We, as MSEA members, have the opportunity in these next few years to make ourselves the strongest Labor Union in this state. Our membership around 9,500) is one of the largest (if not the largest) work force in this state and with members like this and good leadership, we can reach our potential. Each and every one of us benefits from each other. Together, we make up the MSEA. Apart we cannot survive. We must stay together, work together, and reap the benefits together. When we achieve and maintain this, we will be an even greater union. I believe I have proven my leadership abilities. As Chapter President, I feel I have helped to create a good, strong union atmosphere at my worksite (Human Services Building, 221 State Street. Augusta). Last year as Chairman of the Area II PresidentsA/ice Presidents Committee, I was instrumental in coordi nating 2 successful demonstrations of support for our bargaining teams first in getting a contract, then in getting our retroactive checks. I also helped sponsor a dance for Augusta area members that was extremely successful. Last year, I was chosen as one of two outstanding members of MSEA. This year, as a member of the Board of Directors. I feel I have done my utmost to communicate with mem bers about issues concerning them and relay their questions and concerns on to the rest of the Board of Directors. I feel we have better communication within Area II than we have had in a long time, and although I am not solely responsible for achieving this. I do feel strongly that my commitment to communication and membership participation has helped bring this about. Since I have been in the MSEA. I have shown I’m not afraid of hard work. I have been Vice President then President of the George Leadbetter Chapter, Steward, served on several committees, currently serving on negotiating team and on the Board of Directors. I be lieve I have shown my commitment and dedication to our organization. If elected, I will take on the responsi bility of Vice President with the same commitment. it is, but the general public needs to know. We ought to do 1 or 2 half-hour TV programs a year, similar to the one we did on the Corrections bond issue. We ought to produce several low-cost. 30 second public service announcements (PSA’s) for TV. Usually, these can be broadcast for free. These steps are just a start ing point. In closing, I’ve told you why I’m running, my prior and current service to MSEA. how I see the job of MSEA Vice President, and some projects to boost MSEA’s internal and external communications. I ask for your support and vote for Brad Ronco as MSEA Vice President.

age Six

October, 19 8 5

M ain e Stater

Bargaining Committee Elects Bargaining

One o f the labor-managem ent “ m o ck” bargaining teams practicing their ne gotiating skills on September 28.

A t the September 28 statewide bargaini B ill Donahue, Mary Ann Turowski and i

r MSEA members gathered to elect state worker bargain C ontract demand meetings were held in Portland, A ugi w ill start w orking on contract priorties.

V._________________________________________

argainmg Committee to !V!i

Executive D irector Phil M errill and MSEA President Gerry Stanton fielding questions from the floor.

< ___________

M S E A ’s next statew ide barg ain in g co m m ittee ga thering will be held on N ovem ber 9, 9:30 a.m . at the A ugusta Civic C enter. T h at Saturday, C o m m ittee m em bers will be looking at b arg ain in g proposals subm itted by M SEA m em bers to date, and setting priorities for the barg ain in g table. 250 C o m m ittee m em bers have signed up and are urged to attend. R epresenting the needs of 10,000 M aine state em ployees effectively d uring contract talks is no sm all task; the o ngoing job of the C o m m it tee, w orking w ith elected barg ain in g team m em bers and C hief N eg o tiato r Steve Leech, is crucial.

Calvin Hall, o f Caribou, and Nancy Henry of Bangor studying proposals in m ock bargain ing.

New State Employe* ADMINISTRATIVE SERVICES Name Job Class

Work Phone

J im W e b s t e r

M e d . C la im s E v a lu a t o r

2 8 9 -3 0 8 1

Jay P o o r

PCO BMHI D r. L ie. E x a m . I C le r k T y p i s t II

2 8 9 -2 1 5 5 9 4 1 -4 0 1 5 2 8 9 -5 4 0 2 6 8 8 -4 8 1 1

F o r e s t R a n g e r II J u v e n ile C a s e w o r k e r

4 5 3 -2 8 1 4

N ancy H e n ry Jack D e cke r J e a n n i n e B o u la n g e r

LAW ENFORCEMENT Dan Dan P h il Ben Ken

Day K e lly Dugas Conant Q u irio n

G am e W arden L iq . E n f. A g e n t F ir e I n v e s t i g a t o r

2 8 9 -2 4 7 0 l 8 0 0 -3 2 2 -9 8 4 4 2 8 9 -3 5 7 1 2 8 9 -3 4 7 3

OPERATIONS, MAINTENANCE & SUPPORT John Veader H o w a r d G e tc h e ll

Blackboard tells it all: clyse races for professional-technical bargaining team members during the team elections.

F re d C h a s e H a ro ld W est L is e H e r o l d

F is h H a tc h . W o r k e r A u to M e c h a n i c D r i v e r T r a in e r A u to M e c h a n ic I F ore st W a tc h p e rs o n

6 5 7 -4 9 6 2 4 9 2 -3 0 2 1 2 8 9 -2 6 7 7 5 4 6 -7 4 7 4 8 4 3 -6 5 0 0

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O ctober, 1985

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Chief Negotiator Steve Leech and MSEA Research Analyst Chuck Hillier at the October demand meeting in Bangor. W meet: (left to right) Jim Webster, 'arol Gould. \ hg teams on September 28 at the Augusta Civic Center; sfa, Bangor, and Presque Isle in October. Now the teams

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N o v e m b e r

Listed below are bargaining team members for each of MSEA’s five Executive branch units, elected at the September 28 statewide meeting in Augusta. They’ll be sitting down at the table with MSEA Chief Negotiator Steve Leech to work for the next contract with the state of Maine. MSEA has collected many pro posals for the upcoming talks and is in the process of setting up bargaining priorities. For those members who want to make sure their interests are pursued during this round of negotiations, keeping in touch with team members representing your unit is one of the best ways to do it.

r g

SUPERVISORY Wimpy Burnham Dan Casey Daryl Essency Waldo Gilpatrick Tiny Huntington Lou Poulin Dail Ruhiin John Walker Tom Wellman

i n

Reg. Super. Chief Eng. Guard Lieut. Dir. House Ser. Exec. Housekpr. Off. Eng. Inc. Maint. Super. Dist. Super. Super. Hear. Off.

PROFESSIONAL/TECHNICAL Inc. Maint. Spec. Mary Ann Turowski Caseworker Calvin Hall Nurse III Trudy Morine Voc. Train. Inst. Gerry Stanton Librarian II Sharon Hanley

289-2276 354-2535 354-2535 289-2561 941-4140 289-2171 947-0511 289-2401 289-7991

947-0511 498-8151 941 4089 892-6716 289-2956

One of four demand meetings across the state was held at BMHI (above and below). MSEA members presented proposals at the meetings which will be added to the results of MSEA’s bargaining survey to help shape this year’s con tract .

Page Eight

Maine Stater

October, 1985

1986 MSEA Budget Dues Increase Proposed At its S eptem ber 21 m eeting, the MSEA B oard o f Di re cto rs reviewed and approved a p roposed b udget fo r the union fo r 1986. The p roposed budget, drafted by the Finance C om m ittee, w ill be su b m itte d to 1985 C o nvention delegates fo r co n sid e ra tio n . A dues increase o f 35$ per w eek fo r MSEA m em bers is part of the proposed budget, w h ich w o u ld be e ffe c tive January 1, 1986. A breakdow n o f how the increase w o u ld be spent is presented below. A d d itio n a l C olle ctive B arg a inin g fu n d s o f $50,000 .............................................................................. $0.11 wk. (approx.) To fund services paid o u t of A ccu m u la te d Cash Re serves in 1985 $0.15/wk. (approx.) To fu n d c u rre n t level of services fo r 1986 w h ich re fle cts a projected rate of in fla tio n of 4% and in creases in o th e r co n tra c tu a l o p e ra tin g expenses .............................................................................. $0.09/wk. (approx.) P roposed W eekly Dues Increase.......................$0.35 wk. (As a p o in t of reference, each $0.05 increase in dues generates a New Incom e of $22,850 per year). The fo llo w in g statem en t sum m arizes the Proposed B u d g e t fo r 1986. For m ore in fo rm a tio n c o n c e rn in g in d ivid u a l MSEA P rogram Budgets, please c o n ta c t your C hapter P resident a nd/or C o n ve ntio n delegates. They have received copies of th o se P roposed P rogram B udgets fo r 1986, w h ich w ill be discussed and acted upon at the N ovem ber 22 C onvention.

One of the comparable worth evaluation teams at work in September

Studyof SexBiasin StatePay in Final Stage MSEA’s comparable worth study of jobs in Maine state government is nearly completed' Last spring, legislation permitting negotiation over the issue of sex bias in female-dominated job classifications was signed into law. Now the MSEA-State labor manage ment committee on comparable worth — formed as a result of the 1982-83 contract, and one of the first such joint undertakings in the country — will receive an outside consultant’s report on the pay structure estab lished under the Hay System. “ Based on the results of the report by the consul tant, Mercer-Meidinger Inc., we’ll be demanding that t h e s t a t e b a r g a in o v e r p a y e q u it y r e v is io n s t o t h e s ta te

MSEA Proposed Income and Expenditure Statement

For Period January 1, 1986 thru December 31, 1986 P a rt 1 A p p ro ved

P ro p o sed

B u d g et

1985

1986

O P E R A TIN G F U N D S R E C EIPTS :

M e m b e rs h ip D ues A c tiv e

1 ,3 3 9 ,5 2 0

1 ,5 2 3 ,3 4 0 3 3 ,7 5 0

3 3 ,7 5 0

R etirees 8 0 % F a ir S h are

6 ,9 8 9

6 ,2 9 0

In te re s t Earned

1 5 ,0 0 0

1 0 ,0 0 0

M is c e lla n e o u s In c o m e G ross R eceip ts Less C h a p te r A llo tm e n t

1 ,3 9 5 ,2 5 9

1 ,5 7 3 ,3 8 0

(7 3 ,6 9 2 )

(8 2 ,8 8 3 ) (7 ,6 5 1 )

(6 ,7 3 2 )

Less A rea C au cu s Exp. N e t R e ce ip ts

1 ,3 1 4 .8 3 5

1 ,4 8 2 ,8 4 6

PROG RAM E X P E N D IT U R E S : F in an c e & A d m in is tra tio n

2 5 2 ,2 3 0

2 5 7 ,1 7 4

8 8 ,1 0 9

9 4 ,7 5 2

F ie ld S ervices

3 5 7 ,1 4 0

3 7 9 .8 2 1

Legal S ervice s

1 4 2 ,5 0 4

2 2 0 ,5 9 8

E d u c a tio n /T ra in in g

P u b lic R elatio n s

7 1 ,0 1 8

7 6 ,4 0 6

R esearch

8 1 ,2 9 2

6 3 ,9 2 9

B u ild in g O p e ra tin g Exp.

3 0 ,4 1 5

2 7 ,3 0 3

C o lle ctiv e B a rg a in in g

9 7 ,5 9 8

1 0 4 ,1 9 5

2 4 5 ,1 8 3

2 3 9 ,6 3 5

G en e ra l O p e ra tin g Exp. C o m m itte e E xpenses

7 ,3 9 0

9 ,1 4 5

Leg. A ffairs C o m m .

4 ,7 0 0

4 ,8 8 8

5 ,0 0 0

R etirees S te e rin g C o m m . T o ta l E xp e n d itu re s N e t R eceipts

1 ,3 8 2 ,5 7 9

1 ,3 1 4 ,8 3 5

T o ta l E xp e n d itu re s N e t Gain (L o s s )

5 ,0 0 0

1 ,4 8 2 ,8 4 6 1 ,4 8 2 ,8 4 6

1 ,3 8 2 ,5 7 9

(6 7 ,7 4 4 )

1 ,4 8 2 ,8 4 6

-0 -

B U IL D IN G F U N D : R eceip ts — D ues

4 7 ,8 4 0

E xp e n d itu re s N e t Gain (L o s s )

4 8 ,3 6 0 3 0 ,0 0 0

3 4 ,9 3 7 $

1 2 ,9 0 3

1 8 ,3 6 0

6 5 ,3 2 6

7 1 ,3 3 9

IN C O M E P R O TE C TIO N : R e ce ip ts — A d m in . S erv. Fee E x p e n d itu re s N e t G ain (L o s s )

6 5 ,3 2 6 $

-0-

7 1 ,3 3 9 $

-0 -

pay system,” said Chief Counsel Roberta de''raujo. In the most recent phase of the comparable worth study this fall, three “ evaluating teams’’ — each con sisting of three MSEA members and three manage ment personnel have been busy testing whether the Hay Job Evaluation System favors male jobs over female jobs. Each team looked at between 60 and 80 “ bench mark” jobs from a group originally selected to be studied for pay basis. Each team applied the Hay System to these jobs — two teams applying the system as it currently exists with different amounts of job in formation, one team applying the system as it has been modified by the MSEA-State Comparable Worth Committee. Information on these jobs was gathered from ques tionnaires sent out to state employees earlier this year. “ I wouldn’t have missed the process for the world.” commented team member Darla Chafin. “ I do hope our results will be used in a systematic way. A very necessary beginning.”

The results of these teams’ work will now be used by the consultant to decide if there is sex bias in Maine’s state pay system. The consultant will then draft a preliminary report in November, and issue a final report in December. Then it’s on to the bargain ing table. MSEA members who participated on the evaluation teams: ADMINISTRATIVE SERVICES Jim Webster, Medical Claims Eval. Virginia Harper, Window Clerk J a y P o o r , P o lic e C o m m . O p e r a t o r

PROFESSIONAL/TECHNICAL Elaine Grenier, Legal Researcher Barbara Smith, Medicare Medicaid Consultant Louise Hinkley, Comm. Services Librarian Eunice Cotton, Lab Tech Robert Perkins, DOT Attorney Ed Wheaton, Photographer Nick Arkas, Eng. Tech. Robert Dugal, Eng. Tech. Liz Harper, Caseworker Lois Kelly, Income Maint. Spec. Darla Chafin, Plan. & Research Assoc. OPERATIONS, MAINTENANCE & SUPPORT Howard Getchell, Auto Mechanic George Holmes, Boiler Operator Charles Bosse, Custodial Worker SUPERVISORY Stephen Lambert, State Police Lieutenant Robert Barton, Men. Health Worker LAW ENFORCEMENT Terry Michaud, Juvenile Caseworker

Pay Equity Lawsuit M oves Ahead in California The AFL-CIO News reported in September that the California State Employees Association (CSEA) — af filiated with the Service Employees International Union — has won a federal judge’s approval to “ pro ceed with a pay equity suit against the State of Califor nia on behalf of 37,000 state employees in femaledominated jobs.” The judge encouraged the union to concentrate its effort on proving ‘‘intentional” discrimination in deciding pay for these jobs. The lawsuit, which seeks to end sex and race-based wage discrimination in California state employment, is the largest class action ever filed under the 1964 Civil Rights Act. CSEA’s attorney Winn Newman argues that “ wage disparities between male and female jobs may be a product of unlawful discrimination even if

the jobs being compared are not substantially equal.” Newman said that “ the evidence shows that the state ignored the labor market” when setting these wage rates, but he also emphasized that Title VII of the Civil Rights Act prohibits sex-based wage discrimina tion even though wage rates may have had their origin in that market. Like other unions in a number of states. MSEA has chosen the collective bargaining route, intending to negotiate with state management to end any possible pay discrimination in Maine state jobs, the MSEAState Labor-Management Committee on Comparable Worth is due to finish its analysis of state jobs in Maine by the first of next year and will make recommen dations for negotiation thereafter.

R e s o lu tio n s C h a n g e

W h ic h

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M S E A

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With the September 24,1985 deadline now past, the union has received eight resolutions seeking to change or amend the MSEA Constitution. No further changes to the Constitution can be considered by del egates to the 1985 Convention unless submitted from the convention floor and approved for consideration by a 2'3 vote of delegates. Last year, twelve such resolutions were submitted and acted upon, or deferred for action to the Spring Council Meeting. One of those, the proposal for a full time MSEA President, will be looked at again at this year’s convention. Resolutions proposed this year to change the Con stitution:

That the By-Laws be amended to read Before the Board of Directors can authorize a decertification attempt of any Union that rep resents a bargaining unit, that sixty percent (60%) of that unit must sign decertification cards. Units that have no Union representation would not come under this clause. That Article IX. Section 1, be amended as fol lows: Association members who have submitted their names in writing and are qualified shall be elect ed at the Area Caucus closest to the Annual Con vention. Nominations and volunteers will be accepted from the floor, at the Caucus, with a % vote of those present. From the slate of people running, the top two vote-getters will be seated on the various Committees. A run-off election would only occur in the event of a tie between the 2nd and 3rd top vote receivers. In the event that any committee lacks members, the Board of Directors will be empowered to fill any vacan cies, after the usual procedure has been fol lowed. That Article IX, Section 1, be amended as fol lows' Section 1. Association members . . . Selection for committees shall be made so that to the greatest extent possible there will be equal rep resentation from each Area.

•

That Article IX be changed to read “The Del egates to the Annual Meeting will nominate at least 4 more candidates than the number of Fi nance Committee positions to be filled. If more than 4 are nominated as alternates, the 4 with the highest vote totals but not elected shall become the alternates to the Finance Commit tee.

•

That Article IX. Section 3 be amended to read “Any member or alternate of the Finance Com mittee who misses three consecutive meetings for other than reasonable cause shall be re moved . . .

That Article II, Sec. 7 of the MSEA By-Laws be amended as follows after the phrase ‘in a spe cial account” add the words “both active and re tiree ’ and proceed with the current languaoe

•

That the MSEA By-Laws be changed to prohibit passage of deficit budgets at the Annual Con vention.

That the position of President of the MSEA shall be a paid full-time position based upon negotia bility with the state of Maine.

L E T T E R S T o T

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P a g e N ine

M a in e S ta te r

O ctober, 1985

d i t o r

The Maine Stater w elcom es letters from MSEA m em bers on issues of general concern to the m em bership! To the Editor: I find it Incomprehensible that (1) the bargaining committee meeting was held as scheduled 9/28/85, and (2) that bargaining team members were elected at the meeting. Ignoring the obvious inconvenience that a hurri cane can cause (even the day after, or should I say es pecially the day after!), there was no advance notice given that bargaining team members were to be se lected 9/28/85 or that nominations could be arranged for absent members. This kind of decision-making only reinforces the perception that MSEA operates according to the whims of a closed group and makes it much more dif ficult to believe those in leadership who say that it does not. I would strongly urge that the bargaining committee meeting to select bargaining team members be re scheduled, be advertised as such, and that proce dures for the selection of bargaining team members be spelled out in advance. Knowing that the committees are still under manned, we are still trying to recruit volunteers. How are we supposed to sell them to become part of a fore gone conclusion? Bill Wainer President Portland Human Services Chapter (Much of the August, 1985 Maine Stater, including the front page, was devoted to the starting up of .statewide bargai.hifig.]Xhe date., tirhe, and piece of the

first statewide bargaining committee meeting was clearly indicated several times. In addition, a follow-up notice on that meeting went to all those who had signed up for the statewide bar gaining committee throughout the state, well before the meeting date). Editor To the Editor: At the September Board of Directors Meeting, the proposed budget for 1986 was approved. That budget will be submitted to the 1985 Annual Convention for its consideration. Board members who had comments on the proposed budget were requested to submit those comments to the Stater for publication. I would like the delegates to the 1985 Annual Meet ing to consider the following: 1. Given past history, it is not likely that we will have a contract before mid-1987. 2. The budget for 1987 will be larger than the 1986 budget because of inflation. 3. Most MSEA members would prefer to have a dues increase take effect at the same time as a general wage increase takes effect. Therefore, when the Convention considers the 1986 budget the delegates should think about having enough money in that budget so that there would be no need for a dues increase until mid-1987. George Burgoyne Area I Director To the Editor: The Board of Directors recently passed a budget proposal for the 1986 fiscal year. This proposal will be voted on at the 1985 Convention. As a member of the Board of Directors from Area II, I received an advance copy of the proposal 1 week prior to the board meeting. At the time the Board discussed this proposal, I didn’t feel I had had the opportunity to completely digest it, and therefore urged the Board to postpone action. The majority of the Board felt that they did have enough time to review the proposal, and because of the time frame in getting the proposal out to the membership, decided to take action then. I voted against the budget at that time. I have since had enough time to review the budget proposal, and feel *qomfortabferditoti^ti'to sapport ft:I acjree with the rr>a-

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On Wednesday evening, October 16, caseworker bargaining team members tallied ballots cast by co workers that were solidly in favor of a recently-negoti ated settlement which stemmed from a January 1985 arbitration award reallocating that classification from range 20 to 21. MSEA had argued in support of a change to range 24, which would have offset any loss of overtime com pensation because of the range 20 cutoff for overtime eligibility. However, the difference between 20 and 21 losing overtime eligibility would have caused .numer ous caseworkers who regularly work overtime loss of pay py varying amounts. Among the terms of the settlement are: (1.) The con tinuation of overtime eligibility at straight time and (2.) A retroactive formula of $12.50 per week for every week worked for all caseworkers who worked as such between January 1 and November 5, 1985. This was a compromise which provided less retroactivity for some, but more for others who would have been denied back pay due to past earning of overtime, or for those caseworkers who had been classified as Human Service Worker I prior to the 1980 reorganiza tion. . The Caseworker Bargaining Team consisted of Liz Harper, Cindy DeWitt, Tom Profenno, and Doug Boothby, along with Chief Negotiator Stephen Leech.

jority of the Board and feel this proposal should go to the Council for their action. This is a budget in which no additional programs are being introduced. It is merely one in which we can continue to serve our members as we have in the past. This letter is not meant as an endorsement of a $.35 dues increase, nor is it to urge people to vote against it. It’s to inform membership of my rationale for initial ly voting against it and to urge all delegates to spend time reviewing their copies and get the membership input, so that when we have to deal with this at Con vention we can be aware of members’ feelings to wards it. Sincerely, Jim Webster _ Board Director, Area II Dear Mr. Editor: Once again I take up my pen to protest the filthy conditions that exist in the toilet facilities on the Maine State ferry boats. These toilets use human waste solution as a flush system. This raw sewerage sometimes leak from the cracked toilet chassis, especially on the North Haven ferry. The Coast Guard condemned these toilets back in 1983 and ordered the Ferry Service to change to a san itary system. The passengers and crews now have clean salt water flush systems with porcelain bowls on the Islesboro and Vinalhaven ferries. However, the Swan Island, North Haven and the spare ferry, the William Silsby, still have the old filthy systems. With the new awareness to public health and com municable diseases one should think twice before using these facilities. ^ Also, ripped and crumbling asbestos exist in the engine room of the North Haven ferry. The asbestos should be checked on all the ferries. Unfortunately for the public, the Maine State Ferry Service has been dying of benign neglect due to impu dent management. Sincerely, Vangel Asimakopoulos Able Seaman Maine State Ferry Service

P a g e Ten

M a in e S ta te r

O ctober, 1985

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Ballots returned by court employees on the tentative judicial unit settlements easily ratified their first agreement. The 2-year contract is effective retroactive to July 1, 1985 — assuming it is acceptable to the Leg islature

M e m b e rs h ip

Local 6 votes to end strike: Over 3,000 Bath Iron works shipbuilders lined up outside the Augusta Civic Center on October 7 to vote by secret ballot on a ten tative contract agreement. The resulting vote ended the longest walkout in Bath Ironworks history —

MSEA members in Bangor have negotiated a 10% discount on firearms and supplies with Van Raymond Guns in Brewer. The discount is for all items except PMC ammunition and store specials. Catalogs are available from the dealer.

which began last July 1 — and gave Local 6 a 3-year contract featuring a wage freeze, $2,000 in bonuses for each worker, and a temporary two-tier wage plan. MSEA supported the strikers during the 3-month ordeal.

B ecau se y o u 'r e a m e m b e r o f th e M a in e # 0 S tate E m p lo y e e s A sso ciatio n , y o u c a n sav e m o n e y o n y o u r a u to in s u ra n c e b / c o m p a rin g co sts rig h t in y o u r o w n h o m e . T h e M SEA A u to P la n o ffe rs y o u s e c u rity and savings in one a ttra c tiv e p a c k a g e : M o n e y - s a v in g r a t e s b a s e d o n y o u r a s s o c i a t i o n 's b u y i n g p o w e r . 2 4 - h o u r n a t i o n w i d e c l a i m s e r v ic e .

AMERCAN INTERNATIONAL COMBINES

N a m e __ A d d ress.

S en d fo r a fre e q u o ta tio n re q u e s t fo rm today. T h e re 's n o o b lig atio n , a n d y o u 'll h a v e a q u o ta tio n in y o u r h a n d s th a t sh o u ld c o n v in c e y o u th a t th e M SEA A u to P la n is th e rig h t ch o ic e for y o u . O r sh o p b y p h o n e b y callin g 1 - 8 0 0 - 3 2 2 - 0 3 9 5 o r 7 7 4 - 1 5 3 8 in P o rtla n d .

□ Y e s - s e n d m y fre e q u o ta tio n re q u e s t rig h t aw ay .

S h o p a n d C o m p a re

m s e a m a in e s ta te e m p lo y e e s a s s o c ia tio n

C i t y ____

I n s u r a n c e t h a t w o n 't b e c a n c e l le d b e c a u s e o f c la i m s , a c c i d e n t s o r a g e .

C o v e r a g e t h a t 's p e r s o n a l i z e d t o y o u r i n s u r a n c e n e e d s , b u t c o s ts y o u le s s . I I I I

D is c o u n t

S t a te .

Z ip .

M y p o lic y e x p i r e s . M a il to M SEA A u to P la n , 8 3 5 F o re st Ave, P o r tla n d , M a in e 04103.

Maine Stater

October, 1985

Page Eleven

Retiree News Sub-Com m ittee Studying Paym ent of M edicare Part B Premium for Retirees One of the subjects discussed at the S eptem ber 10 Retirees S teering C om m itte e m eeting was M SEA's bill to have the state pay fo r M edicare Part B coverage (d o cto rs services) fo r those retirees w ho fall u nder S ocial S ecurity coverage and m ust sign up fo r M edi care at age 65. MSEA has su b m itte d th is proposal to the le gislature fo r the past three years, seeking to have the $15 per m onth cost of M edicare Part B fo r these 4,000 retirees picked up, p ro v id in g them w ith the same be n efit that all oth e r state retirees u nder the Maine state em ployees health insurance p rogram have at no cost. This fall, a su b -co m m itte e of the le g is la tu re ’s Aginq. R etirem ent, and Veterans C om m itte e led by Sen. Paul G auvreau (D -Lew iston) is stu d yin g M SEA’s proposal am ong others fo r c o n sid e ra tio n in the u p c o m in g ses sion. At the same tim e, re tire d M aine teachers are seeking state-paid health in su ra n ce b e n e fits — som e th in g they d o n ’t have now — a proposal w h ich w o u ld mean c o n sid era b le cost to th e state. The need fo r legislative fu n d in g of many b ills — re tiree le g isla tio n in clu d e d — always plays a s ig n ific a n t role in th e ir success or fa ilu re each year. T hough M SEA’s bill seeking state paym ent of M edicare Part B fo r e lig ib le retirees has not g o tte n past the legis la tu re ’s A p p ro p ria tio n s C om m itte e in the past, p o te n tia l changes in federal law, if passed, may have an im p act on its success in the future. The U.S. C ongress is cu rre n tly p ro p o sin g in the 1986 federal bud g e t th a t all state em ployees across the co u n try w ho do not now begin paying in to the M e d i c a r e s y s t e m s t a r t i n g n e x t O ctober. If t h i s p ro p o s al does indeed becom e part of the fin a l 1986 budget, active state w o rke rs in M aine w ill fall under m andatory M edicare Part A coverage w hen they reach age 65 70 if they w ork beyond 65 . They w ill then have the o p tio n of ta kin g M edicare Part B coverage fo r w h ic h they w ill have to pay a m o n th ly prem ium . The M aine state health in surance program stands to save m uch m oney if all fu tu re retired em ployees re ceive M edicare as th e ir prim ary health in surance co v erage. MSEA believes that th is w o u ld s tre n g th e n the case fo r all those w ho retire, reach age 65, and fall u nder M edicare coverage to have the state pay fo r th e ir M edicare Part B coverage — in c lu d in g present retirees w ho m ust pay fo r it now. MSEA w ill be fo llo w in g the s u b -c o m m itte e ’s w ork and re co m m e n d a tio n s closely. H ealth care coverage fo r active union m em bers and fo r retirees is am ong the m ost im p o rta n t benefits available, and we w ill seek to im prove and p ro te c t it w henever possible.

Eastern Maine Retirees Gather on Verona Island: September 24, though cloudy and windy, proved an auspicious day for a lobster cookout for over 75 mem bers o f B angor’s Eastern Maine retirees chapter. Held on the back lawn of chapter president William Deering's home on Verona Island, the cookout featured

many o f the ch ap ter’s charter members and some new faces. Form er BM HI employee A rnold Smith manned the fire and lobster p o t th ro ug h ou t the day; MSEA Executive D irector Phil M errill and Board Di rectors Geonge Burgoyne and Jim Webster stopped by to say hello.

Eastern Maine Chapter President B ill Deering, top left, has help loading I p icn ic tables back on the car after the lobster bake.

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P a g e T w elve

L a b o r H is to ry MSEA is running a series of labor history articles from time-to-time in the Stater. These articles, written by members of the New York State Labor History Association, provide a continuing source of information for this central but often-ne glected feature of U.S. History.

O ctober, 1985

M a in e S ta te r

I L

“footloose rebel,” a wandering worker, and an IWW member, made it impossible for him to get a fair trial in Utah in 1914. In prison, Joe fought “to have a new trial or die trying,” and wrote more songs including the one he considered his best, “The Rebel Girl” (“to the working class he’s a precious pearl”). Only hours before facing the firing squad he com posed his stunning “Last Will”: My will is easy to decide, For there is nothing to divide. My kin don’t need to fuss and moan — Moss does not cling to a rolling stone. My body — Oh! — if I could choose, I would to ashes it reduce, And let the merry breezes blow My dust to where some flowers grow. Perhaps some fading flower then Would come to life and bloom again. This is my Last and Final Will. Good luck to all of you, — Joe Hill

and the death sentence, Utah’s governor responded with greater resolve to go ahead with the execution. Sixty-five years later, Utah’s conservative U.S. Senator Orrin Hatch, still agreed with the Utah governor’s

Joe Hill, born in October 1879, was a hobo, a rebel, and a dedicated rank-and-file member and songwriter of the Industrial Workers of the World (IWW). His best labor songs, such as “The Preacher and the Slave” (“Pie in the Sky”) and “The Rebel Girl” are still sung today. He himself is immortalized in a song, “I Dream ed I Saw Joe Hill Last Night.” Born Joel Hagglund in Sweden, he came to the United States with one of his brothers in 1902. Chang ing his name to Joseph Hillstrom and then simply Joe Hill, he lived and worked all over the United States, from New York to Hawaii, sending cards to his sisters back home and even an eyewitness account of the 1906 San Francisco earthquake to his hometown newspaper. He was fired from at least one job for trying to organize his fellow workers. In 1910, he joined the IWW in San Pedro, California. By this time, the five-year-old IWW had begun to use music to get the attention of workers at street corner meetings. As Joe put it, “a pamphlet, no matter how good, is never read more than once, but a song is learned by heart and repeated over and over.” The IWW’s formula was to put catchy new words to the tunes of popular songs or hymns urging workers to unionize, respect themselves, and fight for rights and dignity. They wanted a society different from the one in which “hunger and want are found among millions of working people, and the few, who make up the em ploying class, have all the good things of life.” Joe produced a stream of IWW “hit” songs. To the tune of the “Starvation Army” hymn “Sweet Bye and Bye,” he poked fun at missionaries who promised, “You will eat, bye and bye/in that glorious land above the sky/Work and pray, live on hay/You’ll get pie in the sky when you die.” To the tune of “There is Power in the Blood,” he wrote, “There is power, there is power/in a band of workingmen/When they stand, hand in hand.” He rewrote “Tramp, Tramp, Tramp, the Boys Are Marching” as a tribute to tramps, “not the kind that shirk, looking hard for work,” but who hear “the same old story everywhere, tramp, tramp, tramp, keep on atramping.” As one IWW member later commented, “Joe un derstands our troubles, because he has had to sleep in barns and haystacks, and those who have never had to live such life can never understand.” Then, in January, 1914, Joe was arrested in Salt Lake City, Utah, and charged with murder. Twenty-two months later, despite nationwide and international protests, he was executed by a firing squad. The state claimed that Joe and another man (who was never identified or found) were the two people who rushed into John Morrison’s grocery store at closing time on January 10, 1914 and shot Morrison and his son to death. It appeared to be an act of re venge: Morrison’s store was not robbed and John Morrison had once been a policeman and had often voiced fears of a revenge attack. Joe Hill had been shot in the chest that same night, as had the killer by Morrison’s son. Joe refused to explain how he had been wounded except to say that it was in a fight over a woman he refused to name. To the IWW and many others, the state of Utah was tagging Joe as the killer in retribution for the IWW’s organizing efforts in the Utah mining regions. The prosecutors claimed that Joe’s refusal to prove his alibi was proof he didn’t have one. When the IWW called for his release, and the American Federation of Labor, the Swedish government, and President Woo drow Wilson called for reconsideration of the verdict

Joe Hitt in prison decision: “All the evidence, after all, is that Joe Hill ac tually was involved in killing John and Arling Morrison while robbing their grocery store.” Others are not so sure. It is certain that the federal government, the press, prosecutors, juries, pardon boards, and gover nors hated and feared the IWW. Joe’s status as a

e t i r e m

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Joe also wrote a farewell telegram to the leader of the IWW, Bill Haywood: “Goodbye Bill: I will die a trueblue rebel. Don’t waste any time in mourning — organ ize!”

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S e r v i c e

On October 10 the Maine State Retirement System’s Board of Trustees held a public hearing as part of its rule-making procedure on military service credits for Maine state employees. MSEA members testified at the hearing. Chief Counsel Roberta deAraujo sent further written com ments to the MSRS Board of Trustees, who will be is suing new rules shortly. Included below is a portion of her letter. Employees were told by the Maine Legislature, their Retirement System, and their employer that if they had become members of the Retirement System prior to 1976 and they earned fifteen years of membership credit under the System, they would be entitled to pur chase up to four additional years of credit based on their prior military service — regardless of whether they were entitled to benefits under other retirement plans based on their military time. If, at the time, the eligibility criteria had prohibited purchase of credit based on entitlement to other pension benefits, many

J o in

T h o se

W h o

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r e d i t s of those employees may have decided to work for other employers who imposed no such restriction on purchase of military service credit. At the time these members chose public sector em ployment, they were at least nine years younger than they are today; alternative employment was a viable option. Since then, these employees have given the State the most productive years of their lives. They did so in reliance on promises made to them regarding their compensation and other working conditions, in cluding their right to purchase military service credit regardless of eligibility for benefits from other retire ment plans. Those workers would now find it extremely difficult, if not impossible, to obtain alternative employment that would provide them benefits comparable to those they were promised under the Retirement System. It is for these reasons that these members' rights are con stitutionally protected, and why it is now too late to change the rules...

th a t J u s tic e

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