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This just in… AFSCME takes pay raise case to arbitrator

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Illinois

* 2:04 pm - From a press release…

In response to Gov. Quinn’s Friday afternoon announcement canceling scheduled pay increases for some 30,000 employees of 14 state agencies, the largest union representing employees in those agencies is seeking a ruling from an independent arbitrator to enforce the terms of its collective bargaining agreement with the state of Illinois.

The American Federation of State, County and Municipal Employees (AFSCME) Council 31 contends that by rescinding a negotiated pay increase, the Governor has violated the union’s contract.

In January 2010, Edwin Benn served as a mediator to resolve the union’s grievances and litigation over layoffs threatened by Quinn. The resulting grievance resolution—which provided for tens of millions of dollars in cost-savings, wage deferrals and a voluntary furlough program, as well as a bar against state employee layoffs—gave Benn the authority to resolve disputes regarding its implementation. He retained that jurisdiction under the terms of a subsequent agreement which again modified the wage provisions of the union contract.

Following the AFSCME request, Benn convened a preliminary conference. Today he issued a scheduling order directing both the state and union to submit briefs on the matter by July 16. Benn could then rule on the question or schedule a further evidentiary hearing. The arbitrator’s ruling may be appealed in state court.

“By refusing to pay state employees in accordance with the contract, Governor Quinn has violated an agreement that was fairly bargained and legally binding,” AFSCME executive director Henry Bayer said. “This is about integrity. What is the value of the governor’s word if he can break it? What is the value of a contract if it can be ignored? Bringing this matter before the arbitrator is our union’s first step in seeing that the contract is upheld and integrity is restored.”

Union attorneys continue to review other legal options. Seeking an arbitrator’s ruling does not preclude AFSCME from filing suit in state or federal court.

“Frontline employees do the real work of state government,” Bayer said. “They care for the disabled, protect children from abuse and neglect, risk their lives in state prisons and provide countless other vital public services in every Illinois community every day. They deserve to be paid fairly, to be treated with respect, and to know that their employer, the governor, will keep his commitments. AFSCME will do everything possible to hold Pat Quinn to his word.”

In addition, AFSCME announced that state employees at worksites throughout Illinois will hold informational pickets on Tuesday, July 12, to raise awareness of the vital work they do on the frontlines of state government.

posted by Rich Miller
Thursday, Jul 7, 11 @ 2:05 pm

Comments

–Union attorneys continue to review other legal options. Seeking an arbitrator’s ruling does not preclude AFSCME from filing suit in state or federal court.–

Parsing words here: “Seeking” an arbitrator’s ruling doesn’t preclude going to court — what about if an arbitrator issues a ruling?

If you can go to court after arbitration, then it’s really not arbitration. What is it, then, exactly?

Comment by wordslinger Thursday, Jul 7, 11 @ 2:57 pm
===What is it, then, exactly?===

Non-binding arbitration is like marriage counseling. If it doesn’t work, you can always sue for divorce.

Comment by 47th Ward Thursday, Jul 7, 11 @ 3:05 pm
Wow, how much will this lawsuit cost taxpayers. I sympathize with the union. They were bought and sold…too late for a refund even if they have a receipt.

Comment by Wumpus Thursday, Jul 7, 11 @ 3:05 pm
what i find interesting is how PQ picked which agencys to hold out on.

Comment by Just Because Thursday, Jul 7, 11 @ 3:45 pm
“what i find interesting is how PQ picked which agencys to hold out on.”

It depended on the level of approp. the GA put in HB 3717 for each agency. I don’t think PQ really picked, it was which departments were shorted in the bill.

Comment by Give Me A Break Thursday, Jul 7, 11 @ 4:15 pm
I’ve said it a dozen times—take away the free vehicle service and gas for upper management and Stop paying our Reps and Senators to drive back and forth to work. We’ll save a ton of money for well deserved pay increases.

Comment by Hoosier Thursday, Jul 7, 11 @ 4:18 pm
Somebody missed a trick by not announcing this as “bringing union pay raises to the same level that non-union merit compensation employees enjoy.”

Comment by lincoln's beard Thursday, Jul 7, 11 @ 4:48 pm
Oh, tenny shoes and sunblock day on the 12th…one of my favorite lunch activities.

Comment by Cindy Lou Thursday, Jul 7, 11 @ 5:17 pm
Quinn is a one term gov. He promised to rid the state of waste but instead like all good Dems he raises taxs and lies to us

Comment by Anonymous Thursday, Jul 7, 11 @ 9:01 pm
agree with lincoln’s beard….me and hundreds of others went 7 years without a raise. No one went nuts over that. I think union folks should live in the real world like everyone else. I’d rather go without a raise than get laid off which will happen in March without appropriations which just ain’t there now.

Comment by Former Merit Comp Slave Thursday, Jul 7, 11 @ 10:07 pm
Let me predict the future! AFSCME has already postponed the contract raises several times. Henry will tell the members SORRY there is nothing we can do. the arbitrator has ruled. AFSCME has used this in the past several time. And who wins in this? AFSCME still gets all the Union dues, no layoffs. Quinn wins by saving the state millions. In three years Union members will get letters, cards, flyers, and phone calls! Quinn supported the union worker, no layoffs.

Comment by Bob Thursday, Jul 7, 11 @ 10:15 pm
For all of the union people who knocked on 400000 plus doors for gov. Quinn, I say thanks for making illinois even worse…The union establishment which controls our destine has sold us out again. They all know this was coming, and didn’t tell us….thanks afscme union for backing Quinn…

Comment by ironman Friday, Jul 8, 11 @ 1:01 am
He promised to rid the state of waste but instead like all good Dems he raises taxs and lies to us

Actually he promised to raise taxes.

thanks afscme union for backing Quinn…

Yup - I am sure that Governor Brady would have taken care of AFSCME.

Comment by dave Friday, Jul 8, 11 @ 7:52 am
Arbitration is the only thing that makes sense.

Since the state is broke and people want raises, and legislators try to appease rather than govern, this was the only choice.

Comment by JBilla Friday, Jul 8, 11 @ 11:06 am