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AFSCME loses layoff arbitration, vows appeal

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Illinois

* From AFSCME Council 31…

Dear AFSCME Member:

Because you are among those potentially impacted by a layoff plan that Governor Rauner announced last summer, I wanted to let you know the most recent development in the Union’s efforts to prevent those layoffs. As you are likely very aware, AFSCME filed a grievance challenging the layoffs at the time they were announced. We also filed a motion in state court seeking an injunction to halt the layoffs until the grievance was resolved. In response to the Union’s legal action, the Rauner Administration entered into an agreement with the Union to suspend any layoffs pending arbitration of the Union’s grievance—as well as any potential appeal of the arbitrator’s ruling in circuit court.

It is because of that agreement that none of the layoffs have proceeded thus far and you have been able to continue working in your current position.

The grievance was heard by an arbitrator several months ago and yesterday we received notification that the arbitrator had ruled against the Union. The arbitrator found that the state had demonstrated there was a lack of funds in each affected state agency and that there was a lack of work and a material reorganization at the ICC and IDOT. Needless to say, we are very disappointed in this outcome.

However, we are not done with this fight. We will now appeal the arbitrator’s ruling in state court. Per the agreement entered into with the Rauner Administration, the layoffs will remain on hold while that appeal is pending—so there will be no change in your employment status at this time.

If you are among the employees who work at an Illinois State Museum site, you should also be aware that AFSCME is working with Senator Andy Manar to develop a new bill that could help the ISM to reopen.

We know this is a very difficult situation for you—and you can be assured that AFSCME is doing everything possible to prevent the harm that layoffs would cause to Union members.

In Unity,
Roberta Lynch

* The union may not have much of a case on appeal, judging from the ruling…

The breadth of the management rights clause in the contract required the Union to present clear evidence of an improper motive on the part of the State or some other indication the State was acting in an arbitrary or capricious manner. While the Union urged the layoffs were a “political football” designed to gain political leverage, there needed to be evidence presented to support that notion other than references to Governor Rauner’s ubiquitous comments about creating “wedge” issues and his often proclaimed animus toward public sector unions. The State’s fiscal condition and its lack of a budget are unique in its history, a fact even the Union acknowledged in its opening statement when it stated “…things are special this time, things are extraordinary, we’ve never had this situation before…especially when you get into a legal battle, but it’s truly the case that both the state and the union are operating in waters that are both uncharted and unsettled.”

The layoff language has been a part of the parties’ agreement for decades and has been tested in many other court battles and grievance arbitrations over layoffs and issues associated with layoffs. Each time the language has been put to test in the past, the State has prevailed on the question of its authority to layoff. Neither that language nor the law permit the Union or this arbitrator to supplant the Governor’s decision-making with their own. Suggestions of what he could have done or should have done have no bearing on the meaning or application of “lack of work or other legitimate reasons.” Neither the Union nor the arbitrator was elected to be the chief executive officer of this State. It goes without question the Union would have acted otherwise if the power to make such decisions rested with it; so too likely would have this neutral.

The purpose of this arbitration is not for it to constitute an endorsement or a condemnation of the State’s actions, what has transpired with the Illinois State Museum, or the withholding of support for the social service and education programs historically funded by the State. Rather the purpose of this award is limited by the parties’ agreement to being a determination of whether the State violated the negotiated contract language governing the State’s authority to layoff. The burden was on the Union to prove the State’s actions were arbitrary, capricious or arose from an illegal motivation was simply too great for it to surmount. There is no proof in the record that is the case. The Union’s grievance is denied for the detailed reasons that follow in this award.

posted by Rich Miller
Tuesday, Mar 15, 16 @ 3:12 pm

Comments

Dear AFSCME,

Today was the the FIRST day to… “Vote Accordingly”.

We will ALL see if a message is sent.

Dillard got 61% in a four way race in all of Sangamon, just for reference.

Comment by Oswego Willy Tuesday, Mar 15, 16 @ 3:16 pm
Great news.

Comment by The Machine Tuesday, Mar 15, 16 @ 3:25 pm
I hope AFSCME members in Illinois’ 50th Senate District picked the correct ballot, voted accordingly.

Comment by Nick Name Tuesday, Mar 15, 16 @ 3:26 pm
- The Machine - Tuesday, Mar 15, 16 @ 3:25 pm:
Great news
==================================================

Yeah.Because people getting laid off is ALWAYS a reason to celebrate.
What the …. is wrong with you??

Comment by btowntruth Tuesday, Mar 15, 16 @ 3:27 pm
To “The Machine”:
Last I checked layoffs are nothing to yell “great news” about.

Comment by btowntruth Tuesday, Mar 15, 16 @ 3:33 pm
How soon will the mass lay-offs begin?

Comment by Mama Tuesday, Mar 15, 16 @ 3:35 pm
@btowntruth sigh. Sometimes things just have to happen for people to get it.

Comment by present Tuesday, Mar 15, 16 @ 3:36 pm
The bubble AFSCME has lived in has finally burst. Terrible leadership and no political plan of action finally cost rank and file jobs. Wouldn’t be surprised to see McCann lose. Another sign of AFSCME on their way to obscurity.

Comment by Almost the Weekend Tuesday, Mar 15, 16 @ 3:38 pm
Oswego Willy - most people do not vote in Dunkin or McCann or Madigan districts. Please explain how AFSCME can send a message when they can not vote for or against those candidates. Thank You

Comment by Mama Tuesday, Mar 15, 16 @ 3:39 pm
Btw I’m on the layoff list. I had a job to transfer to. Right before the transfer I was told layoffs were on hold. I couldn’t go if i wanted to. It functions are now going to consolidate. This was just a time-out and AFSCME lost.

Comment by present Tuesday, Mar 15, 16 @ 3:41 pm
“How soon will the mass lay-offs begin?” Sez a person who no doubt believes that the Turnaround Agenda will create more jobs and hence boost the State’s finances. Can’t have it both ways bucko.

Comment by Skeptic Tuesday, Mar 15, 16 @ 3:44 pm
Mama — I had the same problem….one Raunerbot running for state rep. unopposed. Best I could do is hand in a ballot with one minor office checked. Frustrating when the biggest imapact you can make in the voting booth is an “undervote”.

Comment by Stumpy's bunker Tuesday, Mar 15, 16 @ 3:44 pm
- Mama -,

If your state Representative or state Senator is a current Republican, ask yourself, where do they stand on Labor?

If your GA Members are Democrats that have been pro-Labor, keep supporting them.

In November, find the Raunerites, “vote accordingly”

Education and follow thru is the key.

Comment by Oswego Willy Tuesday, Mar 15, 16 @ 3:47 pm
@bigmuddy you have no idea. None. I’m too exhausted for anything else.

Comment by present Tuesday, Mar 15, 16 @ 3:53 pm
It’s never a good day to see someone potentially lose their job. Coming here to gleefully gloat shows your true worth to society…

Comment by Mouthy Tuesday, Mar 15, 16 @ 3:54 pm
Jim Nolon had an editorial on the union and said dept directors needed more flexibility to hire outside talent. Why do I think that isn’t going to be a problem in the next fear years. Long term, who would want to work for Illinois now?

Comment by Liberty Tuesday, Mar 15, 16 @ 3:54 pm
I’m not a Raunerite, thanks.

Oh - Big Muddy -, why don’t you just tell them to eat cake?

Your compassion is compelling.

Oh, abd you own Ken Dunkin. How about them apples, - Big Muddy -

Comment by Oswego Willy Tuesday, Mar 15, 16 @ 3:59 pm
Sorry for those affected directly. November is still a long way away. Does anyone know the likely timing of the appeal process?

Comment by X-prof Tuesday, Mar 15, 16 @ 4:04 pm
“Neither the Union nor the arbitrator was elected to be the chief executive officer of this State.”

The very argument used against the ‘no strike’ bill last year.

Comment by NIU Grad Tuesday, Mar 15, 16 @ 4:09 pm
Glad to see Raunerite is okay to say but challenging someone who claims to be a Republican but better aligns with Madigan isn’t. Rich, I appreciate you and this blog but you’re a little heavy-handed on the censorship today. Didn’t use a banned word and showed compassion for those effected. We just gotta change our ways as a state folks. All I’m saying.
OW, only thing I own is an open mind to how we move our state forward. You should try it. It would do Governor Edgar proud.

Comment by Big Muddy Tuesday, Mar 15, 16 @ 4:12 pm
Disappointing ruling but probably not really a surprise.

Comment by Stones Tuesday, Mar 15, 16 @ 4:12 pm
I think one could stand with Labor and not believe that there should never be any layoffs in state government ever. If we are going to move to a world in which lifetime employment is a universal human right, more planning is needed.

Meanwhile, this all seems rather predictable. AFSCME has to appeal, their membership would expect it, and rightly.

Comment by Cassandra Tuesday, Mar 15, 16 @ 4:16 pm
===It would do Governor Edgar proud.===

Rauner isn’t doing Edgar proud, so I’ll stick with Gov. Edgar, thanks.

How’s that Rauner Contract going with AFSCME?

Just asking…

Comment by Oswego Willy Tuesday, Mar 15, 16 @ 4:18 pm
=How’s that Rauner Contract going with AFSCME?=

About as well as CTU’s dealing with Rham’s CPS.

Just answering…

Comment by Big Muddy Tuesday, Mar 15, 16 @ 4:27 pm
== Does anyone know the likely timing of the appeal process? ==

Glaciers generally have been known to move faster. [snark]

Comment by Williamson Co. Resident Tuesday, Mar 15, 16 @ 4:34 pm
Rauner wants to destroy CPS… So I don’t get what the correlation is, but… if it makes you feel fuzzy inside, lol

Comment by Oswego Willy Tuesday, Mar 15, 16 @ 4:36 pm
Actually, the place I’d like to see some layoffs caused by lack of work is DOC. Then we’d know some progress is being made against mass incarceration of mostly minority young men for non-violent offenses. The Democrats failed utterly in this area of state govt policy; the Rauner admin claims it is reducing the state’s prison population, but we’ll see.

Comment by Cassandra Tuesday, Mar 15, 16 @ 4:39 pm
I have been trolling for some help on when the labor board is supposed to rule on impasse. Anybody know anything?

Comment by Blue dog dem Tuesday, Mar 15, 16 @ 4:40 pm
Rauner has nothing to do with CPS currently and Rham owns it. Both Republican and Democrat leadership are now challenging to unions and their demands.
Try and keep up please OW.

Comment by Big Muddy Tuesday, Mar 15, 16 @ 4:48 pm
===Rauner has nothing to do with CPS currently…===

So Rauner doesn’t want to take over CPS, stop their bonding, have them bailed out, and bankrupt CPS all by Rauner’s current moves?

Are you willfully ignorant, or blissfully unaware? lol

Comment by Oswego Willy Tuesday, Mar 15, 16 @ 4:51 pm
Conclusions without supporting facts are the mother’s milk of politics (seems $$$ aren’t as important as in the past) and many in the media. Not so most of the time in a legal proceeding.

The “bad motive” clause to resist layoffs was common in my union days (private sector). I’m surprised that the union incurred considerable expense to its members when all it had was “huff and puff.” But union management has moved to the public sector, and that’s a different game.

Comment by Cook County Commoner Tuesday, Mar 15, 16 @ 5:09 pm
Blue Dog Dem @ 4:40:
I wish I knew, cuz I will be caught in that sunami if Rauner is granted permission to have his way with us.

Comment by Stumpy's bunker Tuesday, Mar 15, 16 @ 5:39 pm
Willy, no one is running against my State Rep or State Senator.

Comment by Mama Tuesday, Mar 15, 16 @ 6:28 pm
- Mama -

There very well may be Raunerite statewide proxy races… come November.

Comment by Oswego Willy Tuesday, Mar 15, 16 @ 6:32 pm
“… a material reorganization at … IDOT.”

There was no material “reorganization” at IDOT. All they did was move bureaus from 1 silo to another. They went from 13 silos to 10 silos. The intent is to make the department more “responsive” by having the various modes of transportation more communicative between each other.

At IDOT there are 2 budgets: Operations and Capital. The capital budget was passed to provide money for construction and consultant services. The operations budget was never completely passed. Bits and pieces were passed to pay for salt and MFT distribution to local agencies.

If you want to see a bunch of useless engineers floundering around, start layoff the AFSCME secretarial and file room staff.

Comment by Huh? Tuesday, Mar 15, 16 @ 6:36 pm
To this “Terrible leadership and no political plan of action” I would add, plus a membership full of dunderheads who proudly voted for Rauner 16 months ago. And by proudly I mean they wouldn’t shut up about how they had shown Quinn he can’t take them for granted.

If you can’t tell the difference between an indifferent ally like Quinn and a class enemy like Rauner, sorry but you don’t deserve to keep what you have.

Comment by DuPage Dave Tuesday, Mar 15, 16 @ 7:56 pm
rauner wants CPS to thrive. Unfortunately, he thinks the only way that will happen is by crushing CTU. AFSCME is not his only target.

Comment by PENSIONS ARE OFF LIMITS Tuesday, Mar 15, 16 @ 9:09 pm
The state is going to have to consolidate some of it’s functions. Let’s face it, we are living way beyond our means. Even in Edgar’s and Blago’s admin, there were layoffs and many took lateral transfers. Nothing stops these individuals from being recalled into a different position either. The majority of your IDOT jobs are Teamsters and very few are AFSCME. Rauner is just bullheaded, and I just hope he comes to his senses soon. Edgar where are we when we need you…

Comment by Anonymous Wednesday, Mar 16, 16 @ 12:49 am
*Edgar where are you when we need you…

Comment by Anonymous Wednesday, Mar 16, 16 @ 12:50 am
This is now the game. Rauner will exact his revenge through layoffs. I predict huge layoffs first at DCEO then CMS. Why those agencies? Hoffman. I think he’s probably a hatchet man. It explains why nothing has been done for or in DCEO. It’s being carefully lined up for the axe not for success.

Comment by Honeybear Wednesday, Mar 16, 16 @ 7:41 am