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Council #10 Hot Issues:

PERC Rules Council #10 Likely to Win on Merits But Declines to Block Start of Furloughs Immediately

A New Jersey Public Employment Relations Commission designee issued an order on March 9 denying Council #10’s request for immediate relief in its Unfair Practice Complaint concerning Camden County’s unilateral implementation of furloughs. Although he found that he was unable to stop the furloughs  immediately because any harm could be remedied after a full hearing, significantly, he held that the Union demonstrated a likelihood of success on its unfair practice charge that the County violated the New Jersey Employer-Employee Relations Act by not bargaining over the furloughs. He rejected the County’s claim that it did not violate the law. Further, he ordered that a Complaint be issued on the charge. If Council #10 is successful in the hearing on the Complaint, Camden County will be required to reimburse employees for any furloughed days. While this is not the decision we wanted, it means that the case will proceed and the potential liability to Camden County will grow. The Union knew it was a long shot in requesting interim relief because we were seeking monetary damages. A hearing on the Complaint is expected before the end of the year.

In addition to the Unfair Practice Complaint, Council #10 has filed grievances concerning the same issue which are scheduled to be heard by the County hearing officer on March 22. The decision of the hearing officer is likely to be appealed no matter the outcome. As a result, the grievances are likely to be decided by an arbitrator. If successful on the grievances, union members will be reimbursed for the furloughed days. Although the Union believes it has a strong contract claim, like the Unfair Practice Charge, the grievance procedure is unlikely to result in a decision until the end of the year.

The real issue at stake in both the Unfair Practice Complaint and grievances is the failure of the County to negotiate. County employees through their bargaining representatives have a right to a say in this matter which impacts them so momentously. While not acknowledging an obligation to negotiate Camden County officials have entered into discussions with Council #10 concerning the furloughs. Whether these discussions result in an agreement is impossible to say; however, any agreement will be brought to members for approval.

Throughout this process, Council #10 will continue to update members on the status of the issue through its representatives, through emails and on this website (www.council10.org). (3/10/11)

 

Former General Counsel of PERC Alleges Wrongful Termination by Gov. Christie

Ira Mintz, the former General Counsel of the Public Employment Relations Commission (PERC), says he was wrongly terminated for political reasons by the Christie administration.  PERC is an independent agency that resolves labor disputes between the state and its public employees.  Over the course of Christie’s first year in office, Mintz says the commissioners issued four decisions that may have led to his dismissal. (Video) (3/3/11)

Support Group Formed For Laid Off Camden County Employees

Camden County employee Linda McHugh is starting a support group for Camden County laid off employees.  The first meeting of the support group is scheduled for Friday, March 18, 2011 at 1:30 pm at the William G. Rohrer Memorial Library, 15 MacArthur Blvd., Westmont, NJ.  Topics of discussion will be unemployment, healthcare, affordable counseling, and support/networking.  For additional information regarding this support group, contact Linda McHugh via telephone at 609-220-8435 or via email at redhead626@hotmail.com.  (3/10/11)

Council #10 Joins Other Public Employee Unions in Statehouse Rally Supporting Wisconsin Public Employees

Council #10 joined other New Jersey public employee unions in a rally at the Statehouse on Friday, February 25 in support of Wisconsin public employees. The fight in Wisconsin will have an impact on public employees throughout the country. (Photos) (2/28/11)

Sixers Defeat Pistons on Council #10 Night

With 140 fans from Council #10 in the stands, the Philadelphia 76ers defeated the Detroit Pistons 110-94 on Council #10 Night at the Sixers, Friday, February 25. (Photos) (3/3/11)

Tickets for Council #10 Night at the Phillies Now on Sale

Council #10 has 200 tickets for the Philadelphia Phillies game against the Cincinnati Reds on Wednesday, May 25 at 7 PM. Tickets are selling fast. Members interested in purchasing tickets should submit payment to the Council #10 office as soon as  possible. For more information on the event see the flier. (3/3/11)

Council #10 Files for "Interim Relief" to Block County Furloughs

Council #10 has filed a request for interim relief with the New Jersey Public Employment Relations Commission seeking to block Camden County's plan to furlough County employees for 22 days during 2011. A hearing on the request is scheduled for March 2. The furloughs are to begin March 4.

Council #10 continues to discuss all options with County officials; however, the Union maintains its view that even reduced furloughs are not the answer to budget problems except as a bridge to permanently retain positions. (2/21/10)

Camden County Submits Layoff Plan that Includes 202 Council #10 Represented Employees

Camden County has submitted a layoff plan to the New Jersey Civil Service Commission for approval which includes the elimination of positions held by 202 Council #10 represented employees. (The list of positions targeted in the layoff and the names of incumbents in those positions begins on the 43rd page of the plan-"Attachment #6") The layoff is in addition to the previously announced furloughs. The Civil Service Commission has 30 days to review the plan and make corrections. A 45-notice of layoff will go out to employees after approval of the plan. Issuance of the notice is anticipated on February 18. The layoffs are scheduled to be implemented on April 4. Council #10 is planning a meeting with County members after the issuance of the notices to review the plan, options and Civil Service procedures. Council #10 will continue to discuss both the furloughs and the layoffs with County officials to determine all options.

The plan is not final. The number of positions/employees affected may be reduced by the County at any time. County officials have indicated they will continue to review ways to reduce the impact on employees and services. Employees listed in the plan MAY NOT be the employees laid off. In accordance with Civil Service regulations, employees in the plan may be able to bump less senior employees in comparable or lower titles.

N.J.A.C. 4A:8 "Layoffs" defines the layoff procedures and rights. (Brief explanation of Civil Service procedures and rights). (1/28/11)

 

City Employee Starts Support Group for Laid-off City Workers

Public Works employee Keanna Ralph is starting a support group for laid off City employees. Keanna says, "As of January 18th, many of us will experience a major shift in our lives but it doesn’t have to be for the worse. That’s why I’ve decided to establish a H.O.P.E Support Network, which will focus on empowering individuals to thrive in the midst of major setbacks in their lives. The acronym, itself, stands for Helping Others Progress & Excel. It came out of a desire to help ease some of the pains and frustrations associated with massive layoffs such as the one we are presently facing." Anyone interested in joining the group should contact Keanna at Hope2Thrive@live.com

(Flier) 1/12/11

Camden County Seeks Approval to Furlough Employees for 22 Days in 2011/Members Favor Fight

To address a budget shortfall, Camden County has sought approval from the New Jersey Civil Service Commission for a plan that would furlough non-public safety related employees every other Friday from the beginning of March through the end of the year. The plan would target the same employees furloughed in 2010. The action of the County in targeting only non-public safety departments is consistent a view that civil service rules permit furloughs, also known as temporary layoffs, only if every employee in a department is furloughed at the same time. In departments where a shutdown is not possible, furloughs are not being planned.

Additionally, Camden County has ordered every department to cut 15% from its operating budget. The planned furloughs are to be part of the 15% savings. In departments where furloughs are not currently planned, the savings may come from layoffs or staggered furloughs if staggered furloughs are agreed to by the employees’ union.

The County seeks concessions from employee unions to reduce the furloughs and layoffs. At a meeting on January 6 of Council #10 members from County bargaining units in Bellmawr Park Fire Co., members overwhelmingly opposed the concessions sought by the County and favored a fight over the furloughs knowing that preventing furloughs would increase the extent of layoffs.

While continuing to talk to County officials about all options, Council #10 is planning action in accordance with the views of its members. In addition, Council #10 will consult with other County employee unions concerning their response to the County and planned action. 1/7/11

Scholarship Applications Now Accepted

Applications for Henry Dunn/Council #10 scholarships are being accepted by the Council #10 office through the end of business on March 4, 2011.  To be considered eligible, an applicant must be in his/her senior year of high school, must be certified by the high school guidance office as prepared for college and must be the son or daughter of a Council #10 member in good standing.  For the past several years, all eligible applicants have received $500 scholarships.  Applications are available through high school guidance offices and here on the Council #10 website (Application).  Recipients will be recognized at the Union's March 2011 General Membership Meeting. (12/15/10)

Council #10 Responds to October 19 Courier-Post Editorial "In Camden, Reality Means Layoffs Coming"

The Courier-Post editorial of October 19 may have given some who read it the wrong impression concerning the financial plight of Camden and the ability of unions representing City workers to fix the problem. The editorial states “the ball is in the court of unionized city workers”. On behalf of the City’s non-uniformed workers (non-police, non-firefighter) represented by Council #10, we want it understood that  the ongoing one day per week non-negotiated furloughs of all City workers outside of the police and fire departments has already cost these workers 20% of their income for the past six months. (Complete response)

(As published in the Courier-Post on 11/14/10)

Are Government Employees Overcompensated? - Recent Studies Show Government Employees Receive Less Pay Than Private Sector Employees

Recent studies have shown public employees (both in New Jersey and nationwide are paid less than their private sector counterparts. An April 2010 nationwide study by the "National Institute on Retirement Security, Center for State & Local Government Excellence concluded that when factoring for the higher education level of public workers, state employees earn 11% less and local government workers 12% less than comparable private sector workers.

An Economic Policy Institute, July 30, 2010, briefing paper noted 57% of New Jersey full-time public sector workers hold at least a four-year college degrees compared to 40% of full-time private sector employees. New Jersey state and local governments pay college-educated labor on average 10% less than private employers. The paper states, "considering both the cost of employer-provided benefits and direct pay, public sector workers in New Jersey have very similar total compensation as they would earn in the private sector."

The National Institute on Retirement Security report concludes, "If the goal is to compensate state and local sector employees in a manner comparable to those in the private sector, the data do not call for reductions in state and local wages. If anything, they call for increases." (11/8/10)

One Year After Passage of NJ Family Leave Insurance- Program Proves a Success!

New Jersey Family Leave Insurance, signed into law last year by Governor Jon Corzine, celebrated its first anniversary on July 1. Concerns voiced by the business community at the time of its passage have proved overstated.

Here are the most recent statistics from the NJ Department of Labor:

 

*Between July 1, 2009 and July 1, 2010, approximately 26,000 people benefited from the program.

*86% of the beneficiaries were women between the ages of 25 and 44.

*80% of claims were to allow parents to bond with newborn or newly adopted children.

77% of beneficiaries were employed in the private sector.

*The average duration of leave was 4.6 weeks, less than the 5.5 weeks expected when the law was enacted.

*85% of those who applied were approved for leave. Denials were predominantly due to an insufficient relationship between the worker and family member needing care (parent, spouse - yes; great aunt, step-uncle - no).

Family Leave Insurance benefits in New Jersey are funded entirely by employee payroll deductions based on a formula adjusted annually according to the taxable wage base. For this year, the payroll deduction was .012% of wages earned. The maximum amount anyone was required to contribute was $35.64. The weekly benefit rate is 2/3 of average weekly wages, with a maximum of $561. Employers with fewer than 50 workers are not required to hold open the employee's job. (7/6/10)

The Real Story on NJ Public Employee Pensions

Pushing the need for reform of New Jersey’s pension system in his budget address, Governor Chris Christie said, “One state retiree, 49 years old, paid, over the course of his entire career, a total of $124,000 towards his retirement pension and health benefits. What will we pay him?  $3.3 million in pension payments over his life and nearly $500,000 for health care benefits—a total of $3.8m on a $120,000 investment.   Is that fair?”

 

The “fairness” of public employee pensions in New Jersey is the heart of a huge dispute between public employees and those who claim, like Governor Christie, the system is unfair to taxpayers. In making his claim, the Governor cited the most extreme example to make his case (And one that legitimately needs to be addressed.) However, in considering substantial reform it makes sense to keep in mind typical public employees, for example, one that works 30 years and retires at age 62 when earning $50,000. This typical employee in the Public Employee Retirement System or PERS (the fund serving most employees in state and local government) would receive a pension of around $27,000 per year or less—depending on survivor beneficiary options. (Actually, the average “service” pension for county and municipal employees in PERS as of June 2009 was $10,989/year).....(the rest of the story) (6/22/10)

 

New Jersey's pension crisis-How did we get here?

The Newark Star-Ledger has produced a video explaining in part how the problems with the pension fund were created. (3/25/10).

New Jersey's pension crisis-Was it an accident or totally predictable?

A look back through a February 22, 1995 editorial by Bob Herbert of the New York Times tells you all you need to know about the predictability of today's crisis. Unfortunately, our current Republican governor again ignores the truth to get where he wants to go. (4/1/10)

Negotiations Ongoing

Negotiations are ongoing for the County Library Support Staff and Supervisory Units, Pine Hill Borough Unit, the City of Camden Supervisory, Non-supervisory and Crossing Guard Units, the Gloucester Township Administrative Staff, Public Works and Supervisory Units, the Camden County Prosecutor's Office Clerical Staff Unit and the Camden Parking Authority Unit. (Updated 2/22/10)

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Karl Walko
President Karl R. Walko

 

Message from the President -

 

The Governor's "Toolkit" is A Wrecking Ball Aimed at Public Workers and Collective Bargaining                         

 

Dear Friends:

While cutting aid to municipalities in his first budget, Governor Christie promised to provide a toolkit to help towns maintain services without raising taxes. In May, Christie submitted 33 legislative proposals to Senate and Assembly leadership, asking them to sponsor and pass legislation to enact his “tool kit”. The tool kit proposal gaining the most attention is one that would cap increases in State and other government operations at 2.5% in any year. Other proposals would dismantle civil service protections, legislatively remove wage increases from bargaining, and legislatively empower any government employer to impose furloughs at any time without negotiations. When considered as a whole, it is apparent the Governor is aiming directly at public workers and their unions while attempting to divide residents from workers by citing them as the reason for high property taxes. In his dealings with unions, the Governor clearly intends to legislate rather than negotiate. These bills would set the Governor up for State negotiations next year and give dictatorial power to County and municipal governments at their bargaining tables with the ability to furlough and cap wages.

Here is a brief summary of the proposals:

2.5% Cap on Spending – If passed it would send to voters a Constitutional Amendment to cap State, County and Municipal spending increases at 2.5% each year.

Proposal on Temporary Layoffs / Furloughs – If passed it would allow government at all levels to impose temporary layoffs / furloughs at any time and in any way. The proposal would specifically remove furloughs from negotiation and would supersede court rulings requiring some furloughs to be negotiated. If passed, temporary layoffs would become a permanent budgeting tool regardless of an in-force contract.

Proposal on Civil Service Opt Out – If passed it would allow counties and municipalities to opt out of civil service by ordinance or referendum. In those that opt out, veterans’ preference would not be required; patronage and preference hiring and promotions would increase; fifteen sick days would not be required; seniority bumping would not be required.

Proposal on the Use of Sick Leave – If passed it would prohibit an employee from using more than 6 sick days in the last year of service before retirement without a doctor's note and would impose a fine of three days pay for every day of sick leave used without a doctor's verification.

Proposal on Revisions to Civil Service Regulations – If passed it would allow less senior employees to avoid bumping, displacing or bumping a more senior employee; cap carrying of vacation days from year to year; increase the definition of minor discipline to 30 day suspensions and eliminates appeal rights for employees who are disciplined for less than 30 days; bar

Proposal on Arbitration – If passed it would keep arbitrators from awarding any labor contract exceeding 2.5%, which includes all salaries, wages, vacation leave, and health insurance costs. This essentially means the employer and/or arbitrator would have to settle a contract with wage freezes any time there is a health insurance increase that eats up a 2.5% increase over the previous year.

Shared Services – If passed it would eliminate civil service protections when services are shared. When Local units decide to share services, law now requires the honoring of contracts, as well as bumping and other civil service protections.

Public employees across the state oppose these provisions recognizing them for what they are—a direct attack on public workers and their unions. It is expected that the proposals will be considered by the legislators after the budget is passed this month.

Fraternally,
Karl R. Walko
President

6/15/10

 

 

 

 

The full Gov. Christie "toolkit":

Toolkit Part 1

Toolkit Part 2

Toolkit Part 3


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