Maine Stater : December 18, 1986

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New bargaining team member Sue Wight (far right) listens during discussion about upcoming negotiations. She was elected to Administrative Services team, as was Marilyn Crochere, sitting in background behind her. Others at the table: Roberta Schmitt, Kelly Webster, Linda Sawyer, and Roberta Lavallee.

P r e s id e n t’s

U n d e r th e T o rt C la im s A c t In the first week of December, York County Superior Court Justice Carl Bradford denied a preliminary motion to dismiss a lawsuit filed against several Department of Human Services social workers claiming they violated the constitutional rights of the parents and engaged in wrongdoing under Maine tort law during an investigation of alleged child abuse.

“In this case,” the judge wrote, “the plaintiffs have alleged specifically that the defendant social workers had knowledge of the likelihood that [the child] was suffering from a bone disease and that they initiated the child protection proceedings in retaliation for [the] parents’ refusal to accept [their] demands that they participate in family counseling.”

The lawsuit is still unresolved, but newspaper coverage of this preliminary action taken by Judge Bradford denying the motion to dismiss has caused increased concern among Human Services employees about their protection under state law while performing their jobs.

The judge did dismiss all claims against Department officials named in the suit (among them, Human Services Commissioner Michael Petit) because, he ruled, they were absolutely protected by the State Tort Claims act and by decisions in federal court. But, he wrote, concerning the four

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On Saturday December 6, 150 MSEA members from throughout Maine who serve on the Statewide Bargaining Committee met at the Augusta Civic Center to elect 1987 negotiating teams for Executive branch contract talks.

The solid turnout produced a number of close races for slots on teams representing each of the five statewide units, with a general consensus that the final results provided the union with one of the strongest, most broadly representative bargaining teams ever (see list, below).

MSEA President Bob Ruhlin and Chief Negotiator Stephen Leech began the day’s work with an overview of bargaining, including some of the facts and figures of Maine state employee contract talks in the past. MSEA Executive Director Phil Merrill then spoke about potential issues to be faced under new Republian Governor John McKernan.

Legislative Affairs Director John Lemieux reviewed MSEA’s lengthy 1987 legislative agenda, which features such diverse items as a proposal to modify state law to allow three-year contracts, and changing public worker health and safety laws to improve office building working conditions.

Chief Counsel Roberta ueAraujo spoKe briefly about progress in labor-management bargaining over Maine’s pay system, underway since September.

The meeting ended early in the afternoon following team elections. The new bargaining team planned to fully discuss contract proposals during a weekend retreat December 13 and 14 at the Bethel Inn. The teams will have a full schedule after the holidays, and will need encouragement from all MSEA members — a good contract takes hard work and strong, continuing support!

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By Bob Ruhlin 1986 is drawing to a close. As we look back over the year, I think we will agree that MSEA has continued to be an active and effective voice for our membership.. I did try to list our accomplishments for 1986 in a very general sense and found that I was creating a list that was apparently too long to print and still may not have been all inclusive. But it showed me that we have an organization which does the BEST JOB of representing our fellow members, and an organization that we can all be proud of. I want to thank all of you who took an active role in MSEA during 1986, and encourage you to continue during the coming year.

1987 lies before us. As in the past, the results of our accomplishments this coming year will rely in great part to our continuing to involve ourselves in those areas where we, as members, can devote some time and energy to remaining the

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BEST WE CAN BE. We are presently or will be facing contract negotiations for almost all of us, a legislative session that will consume a great deal of time and the continuing need to represent our fellow members. It is going to be a big task, but Ithink we are ready. I ask all of you to find time in 1987 to spend on yourselves — involved in your union.

I want to thank you, the membership, for the opportunity to serve as President during 1986. It has been a rich and rewarding experience that I will never forget. I also want to thank the staff of MSEA for their effort on our behalf. As your President in 1987, I ask you to join me in seeing that MSEA remains the best, most effective organization for the employees of the State of Maine.

I wish you all a Merry Christmas, and hope we all have a happy and prosperous New Year.

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D ecem b er 18, 1986

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By Don Matson, Editor At MSEA’s December 6 statewide bargaining committee meeting in Augusta, union members were presented with information compiled by the staff on the seven-year history of collectively-bargained wage increases for Maine State employees since 1979. In that year the first State contract was signed, five years after the bargaining law was passed and just one year after Brennan was first elected Governor.

Those wage increases — which eventually totaled 50% in five contract settlements between 1979 and 1986 — have raised Maine’s traditionally low-base public sector pay substantially. Along with other negotiated benefits like health and dental insurance, the five contracts also reflect the evolution of many rights and protections for state workers during this first era of Maine state worker collective bargaining. They tell their own story.

As a rule, unions have little reason to dwell on the past because the relationship between management and work force is dynamic and always demands attention from the present. But it’s hard to resist an appraisal of the Brennan-MSEA relationship, partly because of the value it may have in demonstrating how “the parties” have sought to define themselves and each other in a way dramatically different from the days before bargaining.

Maine state employees now have more say about their wages and working conditions. They have bargained with Joe Brennan for that say. At the very least, the last eight years

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H ig h lig h ts

Turnpike Contract — Roger Parlin informed the Board of the details of the recently ratified non-supervisory Turnpike Authority contract. The new pact calls for a 12.9% pay increase over 3 years and a longevity step increase.

Income Protection Decrease — The Board affirmed the decision of the VEBA Board of Trustees to reduce the cost of Income Protection to MSEA members by 5 cents-per week per $100 (for a new cost of 40 cents-per week for $100 of monthly coverage).

Steward Policy — The Board voted to adopt a new steward policy as presented by the Ad Hoc Steward Committee. This new policy has specific standards for stewards to meet in the future.

Clerical Meeting — Staff member Betty Robinson informed the Board of the planned clerical conference at the Samoset on November 8. The Board unanimously embraced the idea of sponsoring future meetings to encourage the increased participation of members of the clerical service in MSEA activities.

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show that collective bargaining works for Maine, and a solid foundation has been laid for future labor-management relations in state government.

Politics played a significant part. Brennan increased his political power as Governor. His election to two terms as a Democrat was by large margins; he presided over a predominantly Democratic Senate and House. Maine, a poor state, has seen prosperity during his tenure, a circumstance from which his Republican successor will clearly benefit.

But Democratic political strength hasn’t always translated into good news for Maine labor, which saw its support for his Administration diminish over Brennan’s years in the Blaine House. When MSEA President Gerry Stanton left office in1985, he commented that "It’s too bad that our Democratic Governor hasn’t always acted as a Democrat, and hasn’t treated state employees as he might have.” Stanton gave voice to a sentiment shared by many state employees.

Prolonged state contract negotiations and bitter disputes, even while Brennan got involved in trying to end other Maine Labor disputes like those at Keyes Fibre, Bath Iron Works, and Boise Cascade, and his 1985 weakening of the state’s workers’ compensation system while accomplishing little to improve worker safety, were among events causing resentment and frustration among workers and unions alike.

There has undoubtedly been conflict between MSEA and Brennan in the course of eight years of hard bargaining. But

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t whether or not the Governor has been a popular figure among employees, his Administration has done business with the union.

• Weeks of confrontation over the Administration’s “retirement offer” in September 1981 in the midst of talks for the third MSEA statewide contract led to picketing and a lunchtime demonstration by hundreds of state workers on the state house steps. The offer was later withdrawn by the Governor, and a contract with 15%% wage increase settled.

• In 1984, dragged-out talks ended in public disagreement over a fact-finding report. The fourth contract was eventually settled with 3%% pay increases and a bonus.

Many of the essential goals developed by MSEA in the first years of bargaining and resisted by Brennan — negotiation over the State pay plan, over job reclassifications, over retirement issues, the matter of state worker political rights — are largely being met by the union in 1986, with and without the Governor’s support.

What to say to Governor Brennan as he leaves office? It’s as tough a question as what to say to Governor McKernan entering the world of public employee collective bargaining for the first time. So, best of luck in Congress, Joe, and Happy New Year. Should auld acquaintance be forgot . .

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Don’t forget to check the amount of your monthly Income Protection benefits when you receive your salary increase in January, 1987. The amount of your new salary increase will be reflected in your paycheck on the following dates: CYCLE A CYCLE B January 28, 1987 — January 21, 1987 — both weeks at new rate one week at old rate and one week at new rate You wiil have thirty-one (31) days from the date the increase appears in your check to increase your coverage to a maximum of $200.

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The Maine Stater welcom es letters from MSEA m em bers on issues of general concern to the membership!

The Presidents and Vice Presidents of Area II thank and congratulate everyone who had a hand in getting Convention information to the delegates. The timely manner in which the information was received greatly facilitated the orderly conduct of Convention business.

In particular we want to single out the following for special thanks: the Resolutions Committee, the Finance Committee, PLEASE NOTE: If you are on leave-of-absence paying directly, and the Building Committee.

As usual, the staff did an outstanding job. JoAnn Towle has and filing an Income Protection claim, this is a reminder that a right to be proud of her team.

MSEA dues are increasing from $3.25 to $3.65 per week To anyone we missed in our comments who had a hand in effective January 5, 1987. the pre-Convention information process, thank you.

STAFF OFFICERS

T H E M A JN 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.

DIRECTORS AREA I PRESIDENT DanGidden MaryAnne Turowski Robert Ruhtn Box351 P O Box8191 52 Manners Ave Bangor. ME04401 Ashland. ME04732 Bangor ME04401 Wellington Noyes Fred Chase Jonesboro 04646 Box606 Bradford 04410 VICE PRESIDENT AREA II Jin Webster EurxceCotton Sharon Hanley 52 GlenSt 3 Lancaster Place 97 LincolnAve Augusta. ME04330 Augusta. ME04330 Gardiner ME04345 Bruce Hodsdon Gary Brown RFD #1 Box 1515 RFD 1 Box 385 N Monmouth 04265 Augusta 04330 SECRETARY Norma Amoid AREA III RFD#5. Box 243 ayDzialo Wayne Hofcngworm Augusta. ME04330 R RH #3. Box 230G RFD#3 Biddeford, ME04005 Freeport, ME04032 Ben Conant Bob Galloupe 66 H igh S t Box 681 TREASURER So Pans 04281 B runswick 04011 BradRonco RFDVi. Box460 RETIREE DIRECTOR !. ME04347 Ph4Goggns Cross Point Rd N Edgecomb04556

EXECUTIVE DIRECTOR Phil Merrill ASSOCIATE DIRECTORS Stephen L. Leech, Collective Bargaining John Lemieux, Legislative Affairs CHIEF LEGAL COUNSEL RobertadeArauio ' DIRECTOR, FIELD SERVICES Roger Parlin DIRECTOR, FINANCE &ADMINISTRATION Joan C. Towle ATTORNEYS INSURANCE Shawn Keenan COORDINATOR EricNelson Ethelyn Purdy ASS’T. NEGOTIATOR MEMBERSHIP ChuckHillier BarbaraChaffee RESEARCH ACCOUNT CLERK John Marvin CarmenGardner COMMUNICATIONS SUPPORT STAFF DonMatson Steven Butterfield Doris Clark EDUCATION+ EricDavis TRAINING Margaret O'Connor Wanda Ingham Carol Wilson FIELD Debbie Roy REPRESENTATIVES Cheryl Stoddard RonAhlquist Crystal Hodsdon Roger Dunning AndyWing JohnGraham Donna Davis MegCastagna RECLASSIFICA­ Sandy Dionne TION ANALYST TimWooten BettyRobinson Carol Webb

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

O L IO S 643

D e c e m b e r 18, 1986

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With the exception of Maine Turnpike employees, all MSEA bargaining units have recently entered or will shortly be entering negotiations for new contracts. “We’re moving into high gear,” according to MSEA Chief Negotiator Stephen Leech. Preparations continue through the holiday season.

Contract talks currently involve four different employers: the State of Maine; the Administrative Office of the Courts; the Vocational-Technical Institute System; and the City of Lewiston.

VTI and Local 5 bargaining have already begun. Statewide and judicial talks start in January 1987. For MSEA, it means a record number of rank-and-file members participating in the collective bargaining process at the same time. Dozens of others are working on eight labor/management committees recently created to address issues of health and safety, stress, contract administration, child care, and teaching. Pay plan talks are also underway.

1987 is clearly shaping up to be a year where the collective voice of Maine public employees will be heard and the impact felt — at the bargaining table, in the Legislature, and at the public workplace.

Bargaining teams are listed below.

President Bob Ruhlin and Chief Negotiator Stephen Leech at the December 6 bargaining meeting.

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President: Vice President

Two veteran statewide team members re-elected: John Veader for OMS, and Nancy Henry for Ad. Services.

Bob Ruhlin Jim Webster Administrative Services Marilyn Crochere Clerk Steno III Howard Thurston Tax Compliance Technician Nancy Henry Account Clerk II Bob Galloupe Driver License Examiner Susan Wight Clerk Typist II Law Enforcement Dan Day Forest Ranger II Stu Morin Marine Patrol Officer Ken Quirion Fire Investigator Ray Dziato Probation Officer Bob LaGuardia Liquor Enforcement Officer Operations, Maintenance and Support John Veader Fish Hatchery Worker Ed Higgins Highway Worker II Fred Chase Driver Trainer Darryl Scholz Highway Maintenanceman II Neil Litchfield Highway Worker III Professional/Technical Mary Anne Turowski Income Maintenance Specialist Cathy Cotton Laboratory Technician II Muffie Smith Psychiatric Social Worker Tom Birmingham Industrial Arts Consultant Brad Ronco Health Care Financial Analyst Supervisory Ed Wilson State Police Captain Darryl Essency Guard Lieutenant Dail Ruhlin Income Maintenance Supervisor Tom Wellman Supervisor, Hearings Officer Barry Newell Mental Health Worker VI Ron Hunt Assistant Regional Park Super.

Nancy Downs District Supervisor Chris Crinion Casework Supervisor Ben Kreiton Park Manager II J u d ic ia l

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T eam 941-4534 289-3081 289-3494 289-3306 941-4015 289-5400 289-5233 453-2814 546-2064 289-3473 324-5520 289-3571 657-4962 876-3042 289-2677 236-2397 363-4562 947-0511 289-3701 622-3751 289-5854 289-2716 289-2346 354-2535 947-0511 289-7991 622-3751 693-6231 795-4550 774-4581 389-1335

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Administrative Unit Penny Whitney Victoria Wilson Lonnie Messore Alternate Nancy Ellingsen

743-8492 786-3501 879-4708 941-3040 Supervisory Unit

Joyce Page Joan Millett Thelma Holmes Susan Simmons Alternate Susan MacDonald Judicial employees met at the South Parish Church in Augusta during November to elect their bargaining teams. (L. to R.) MSEA Research Analyst John Marvin, Thelma Holmes, Bob Poulin, Victoria Wilson, Shirley Blanchard, Diane McManus, Shari Majeski, Arlene Edes, Joyce Page, Joan Millett, Penny Whitney.

338-1940 743-8942 941-3040 594-2576 879-4745 Professional Unit

Bob Poulin Shari Majeski Diane McManus

879-4714 667-7176 784-3568

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P age Four

MSEA staff member Wanda Ingham greets new employees with information about the union. .

Orientation for new state employees: On December 16, well over one hundred newly-hired Maine state workers attended an orientation program presented jointly by the State Department of Personnel and MSEA. After learning about personnel functions, health insurance benefits and the employee assistance program, employees were provided with information about union membership by Education and Training Coordinator Wanda Ingham.

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Social Security and the Maine State Retirement System: On December 9, MSEA Legislative Affairs Director John Lemieux was among those testifying at a public hearing at the State House on whether the Retirement System should develop a supplemental pension for public employees who are or may be covered under Social Security (state workers currently are not). The hearing was set up by the Commission to study the Integration of Social Security and the Maine State Retirement System, which will report to the upcoming Legislature.

Lemieux testified that “MSEA has consistently taken the position that retirement benefits are mandatory subjects of collective bargaining.” He noted that in 1986, MSEA won a Labor Board case upholding the union’s right to bargain over retirement issues, now being appealed by the State in Superior Court.

Lemieux suggested that no legislative action be taken on the matter in the upcoming Session, pending results of that appeal and possible action taken by Congress. He recommended that over the next year the Commission develop a method for determining the cost of current proposals to integrate Retirement System benefits and Social Security benefits. That information could be used in collective bargaining and for developing a plan for employees not covered by bargaining, if it should become necessary.

MSEA is opposed to imposition of mandatory Social Security on Maine state workers.

The Board of Trustees of the Retirement System is meeting this December to consider the Commission’s report.

D ecem b er 18, 1986

At least one new employee has already decided!

The joint orientation program, to be offered regularly during the year at different locations throughout the State, is the result of MSEA-supported legislation passed in the second session of the 112th Legislature. MSEA’s chief goal — that employees become aware of their rights and benefits as MSEA members as soon as they become public employees.

e c e n t R e c l a s s i f i c a t i o n s L a w su it (Cont’d from pg. 1) MSEA recently negotiated an agreement with State Personnel concerning the pay range of Probation-Parole Officers, and won an arbitration seeking a range change for social worker defendants, “the court must conclude that they Hearing Examiners working for the Department of Human were performing essentially administrative and not quasi-judi­ Services. cial functions” while conducting an investigation of alleged Probation-Parole Officers child abuse “and are not entitled to absolute immunity.”

The agreement on Probation and Parole Officers, ratified MSEA is seeking more information about the ongoing by officers almost unanimously, stemmed from an appeal filed case, to help determine what needs to be done to protect

by Juvenile Intake Workers in 1985. Non-standard social workers and other state employees under the Tort employees, they received an upgrade from pay range 20 to Claims Act. The union will take whatever action is necessary 21 retroactive to January, 1985. Following negotiations with MSEA, the Department merged the two classes of Probation to see that is achieved. and Parole Officer I and II into one at pay range 21, maintaining all current Probation Officer ll’s at pay range 22 — “grandfathered” for as long as they hold the position.

I2DATEOFFILING EOfPu8UC*»TiC The funds for the agreement are included in the s Stater 7IQ|9| 7|0 |Q 10/2/86 IFHEOUINCYC Department of Corrections budget package, to go before the monthly upcoming legislative session. ,"COM FLITIM AILINGADOHESSOFKNOW NCficcorpublication73 Hearing Examiners 65St ite St.. Augusta. Kennebec, Maine 04330 "COM PLETEM AILINGAOORESSOFTH EM EAOOUARTEASOFGENERALBUSINESSOFFICES A November decision by permanent arbitrator Roberta 65State St., Augusta, M E04330 Golick gave Hearing Examiners in Human Services a pay fullnamesanqcompletemailingaqqressofpublisher,editor,anomanage PUBLISHER(Nam eamiCom pleteM arlm gAdJreui increase from range 23 to range 26. !

P hilip Merrill, 65State St.. Augusta, M E04330 The amount of back pay each worker receives should be IEO lTOR(Ierneam !Cam plelettaUm gAM *euI substantial since the original appeal was filed in 1983.

Donal iMatson, 65State St,. Augusta, M E04330 M ANAGINGEDITORINam etapCom plete Noting there was no disagreement between the parties that the Hearing Examiner job had changed in recent years, Jaddreueioflltxkhoidert OW NER oripooererI o(rUowned/*p7er•ee<m the arbitrator wrote that the issue was “not merely whether nj,,ipyHuAed*7•aonproPt< the jobs changed, but whether the changes affected the COM PLETEM AILINGADDRESS Maine State Employees Assocx 65State St., Augusta. M E04330 essential nature of the work being performed.”

She decided that the changes were significant.

“This is a matter of Hearing Examiners taking on a variety of KNOW NBONOHOLOERS.M ORTGAGEES.> new programs governed by new statutes,” Golick argued.

COM PLETEM AILINGAQQRESS Among other changes, she cited the fact that “with the heightened legalistic approach taken by attorneys and accountants, Examiners must be prepared to handle R T*Ein S(Speeuurpp*o,tn4 9 FORCOM PLETIONBVNONPROFITORGANIZATIONSAUTHORIZEDT T XSfaPdE aC <»IA >L m coA m increasingly complex issues.”

H A S C H A N G E D O U R I N G H A S N O T C H A N G E D D U R I N G IPRECEDING17M IPRECEOING12M ONTHS ONTHS Hearing Examiners work independently and “make final O IEN SE O FRS LO ^ A R G EN O C OPEIC ESEACH ACTUALNO EXTEN TeeAm NO R UL IISC H EPD A EISN TG T ISV SE U EA O U IN G P decisions that affect parties’ rights and obligations, and so (S tenN reA nT eU m tE onO rF e^C e-IiR eC tid e,ATION 12RM O N TR HSEDING ISSUEPUB FIL L N G DA TE 13.000 forge agency policy,” according to the arbitrator, who felt TdTALNO.COPIES(NetPtaaiA— J 12,800 PAjOANO/ORREOUESTfOCIRCULATION -0their authority had been undervalued and awarded the pay -02*iPU 12.418 range 26.

11,936 a.riJiu antada/ocnrprefop*o*lied, total O N R 11.929 11,936 'StemofP 1A OIB IaA m iD I/0O B J,REOUESTEOCIRCULATION FA RM EE D S.TC R IB U N BT Y M I.LA .N CO AR R EE RR O R TH E R EANS 489 486 S PL EIS O M PT LIIO M EN A RA Y O TIH F RO EE C O PIM ES D a te s to R e m e m b e r TOTALDISTRIBUTIONiB rnemC.ml1) 12.418 12,422 COPIESNOT(HSTRIBUTEO 582 }78 MSEA’s annual Leadership Conference has been 2Rif***•»«»«NmA *r— » -0-0rescheduled for January 31, 1987 at the Augusta Civic TO^ALlX*mref4IIami >*«iVrpnalarep*eum mIHm*«•4/ 13,000 1 12.800 Center.

ACA M .OROW NER V/ The 1987 Steward Conference will be held on February 0 20-21 at the same location.