Feb. 4, 2010
Local 598 President Responds to Administration’s Comments
By Jim Porter
Special to Huntingtonnews.net
Editor’s Note: On Wednesday, Feb. 3, Brandi Jacobs-Jones, director of finance and administration, responded to a letter sent by Jim Porter , president of Local 598, concerning the status of labor negotiations with the city and the commencing of informational pickets in front of City Hall.
Here is the union leaders response to the City Administration that we previously published.
Huntington, WV (HNN) - AFSCME, local 598, has been trying to negotiate a contract for a year and seven months. We had negotiated two complete contracts with the last administration. The union body approved the first contract but it was rejected by council. However mayor Felinton extended the current contract, with the exception of two Articles, that insurance and raises. Another contract was negotiated that addressed the concerns of council, the union requested the second contract be approved by council before, so that would know it was a valid offer. This was never done.
After the election, and the new mayor took office, we were advised that they would not negotiate until the police and fire pension problem was solved. Days turned into months, months turned into more than a half a year. The union body voted to put up a informational picket around City Hall, the city offered to negotiate in exchange for removal of the information picket. The city held exactly two negotiating sessions and one of those was only over ground rules, in the next four months that lasted less than an hour each. It was obvious to all that the city had no intent of doing anything but dragging their feet.
(Porter now discusses the issues about which Ms. Jacobs-Jones wrote on behalf of the administration. Those statements can be found at: http://www.huntingtonnews.net/local/100203-rutherford-localafscmeletter.html)
"Inequity of Time Devoted to Negotiations with AFSCME Local 598 versus Other Unions”
Ms. Jacobs-Jones for the administration: It is true that the City negotiator met with representatives from the FOP and IAFF to negotiate collective bargaining agreements. However, the City negotiator also met with AFSCME state representative Ed Hartman to establish negotiation sessions on January 28, 2010. As a result of these discussions, a mutually agreeable date of February 11, 2010 has been set as the date for further negotiations. Though the City is prepared to review proposals from all bargaining units regarding health insurance, only the IAFF and FOP have provided proposals for review. Nonetheless, regardless of whether any changes are made to the current health insurance plan, all City employees will be provided the same health insurance.
Porter: A labor management meeting was held on Jan 26, in that meeting we inquired when we would be next meeting with the attorney negotiating for the city, as a meeting was held with the Firefighters local, and one was scheduled with the police that week. We were informed that there would be no meetings with local 598 until the health insurance was settled with the fire and police locals. We were assured that we would be stuck with what ever the police and fire negotiated. there would be only one insurance policy for all city employees. A union meeting was held later that evening and the body voted for an informational picket. Two days later, low and behold the attorney the city hired to negotiate the contract scheduled a meeting but only after the picket started. Ed Hartman is not a member of local 598, and is no way authorized to negotiate any part of the contract without the local 598 negotiating team present. The proper way to negotiate a health insurance policy, that all bargaining units must live, is to do as the previous administration did and meet with few representatives of all three bargaining units in one meeting. Since the police and firemen have a higher pay, they can afford to pay a higher premium that would mean even more Local 598 members would be able to afford health insurance.
"Lack of Grievance Procedure“
Ms. Jacobs-Jones: Grievance procedures for state employees are typically provided and regulated by state statutory law. Any grievance rights belonging to AFSCME Local 598 employees are strictly contractual in nature. The contract between the City of Huntington and AFSCME Local 598 expired on June 30, 2008. Thus, there is no collective bargaining agreement in effect. AFSCME 598 has been given several opportunities to enter into a "Memorandum of Understanding" as it relates to conditions of employment. The most recent opportunity to enter into an MOU was July 2009. This Memorandum mirrored the language of the expired agreements in many of its terms, including the grievance procedure. Despite repeated attempts to encourage AFSCME 598 to sign the Memorandum of Understanding, the union has refused to enter into said agreement. The local union could have had a grievance process in place if it would have so chosen."
Porter: At a council meeting an employee of local 598 asked council if there was a grievance procedure in place, the administration quickly replied , there was one but 7 months later the grievance remains unanswered. Any employer with common sense wants a working grievance procedure to resolve dispute in the work place. Mayor Felinton extended the contract indefinitely, with the exception of two articles, that cover raises and health insurance, he was a authorized agent of the city and his actions are binding on the city, at no time was Felinton extension revoked by the current administration. The contract had an automatic renewal clause that required a 60 day notice or the contract renewed, that passed with no action from this administration.
The memorandum of understanding was binding only on the bargaining units and would require them to sign away rights they already had and included a unilateral clause that the allow the city to change it at any time. It would be like signing a contract to buy a car that allowed the seller to take it back after you made 98% of the payments, no one signs anything like that. We could have signed the memorandum of understanding and they could have taken the grievance procedure the next day. This administration treats the employees like fools. Since when did two become several, an agreement is binding on both parties otherwise you have a fools bargain.
"Procedure for Filling Vacant Positions“
Ms. Jacobs-Jones: The purpose of the new procedural change was to ensure that the City of Huntington has the ability to hire the most qualified applicant available for the job and not merely for the employee who has the greatest length of service without regard to qualifications, skill and merit. We are implementing a system that leads to greater efficiency and removes waste of scarce governmental resources. All Public Works positions continue to be posted internally for a period of seventy-two hours. Individuals, who are interested in the positions sign the bid sheet, submit a resume or updated application, and may undergo appropriate tests and interviews at mutually agreed upon times. In the event that two or more perspective candidates are equally qualified for the position, seniority will govern the awarding of said position. "
Porter: Politics, unlike the private sectors thrives on the favor bank, to get elected to a political office it takes the work of many people, one man can not elected on his own. When the favors are called in they are often in the form of jobs. It is common that people who worked for the election of a candidate want to get someone a job. Often this person that worked for the candidate has a good job but they always have a worthless son-in-law or nephew who can't hold a job, that needs one. State and city jobs fill up with these people.
The current job procedure in the contract required that a person have the minimum qualification for the position and that seniority prevail if he met the minimum qualifications. There are enough uncle Joe's boys at the city now, there are currently too many of Uncle Joe's boys at the city now and they are in entry level positions, but new procedure will put them in the higher paying positions. When they don't work and they don't it discourages the other employees from working also. One department head who had two of the Uncle Joe's boy type, that a former mayor refused to let the department head discipline, had them taken out of his department.
If human nature didn't exist and pigs could fly there might be a chance the new procedure might work. The best of people are human and I never saw a suck that couldn't get over over on a boss, they work like a house afire while the boss is in sight and take credit for everyone else work when he isn't. All people encounter people they like and those they don't but when that becomes, and it does the bases of how promotions are handled we are all in trouble. A procedure that can never ever be questioned, that no one is ever entitled to even know the qualifications of those who got the job is corrupt without question.
"Observation of Expired Contract“
Ms. Jacobs-Jones: There is no contract in effect for Local 589. The prior agreement has expired. Contract negotiations will continue as scheduled.
Porter: The Administration recognizes the employees’ right for an informational picket, and we are confident that the informational picket will not disrupt the delivery of service to the citizens of our great City. Every day we are proud of all our employees and the service they provide to our citizens. Each day we seek to improve as a City and as a community. "
The contract is in effect though it may take an expensive lawsuit to prove it. It would be much simpler to treat your employees fairly and negotiate a fair contract. The employees have been here for decades, it is their career, but administrations come and go.
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Local 598 President Responds to Administration’s Comments
By Jim Porter
Special to Huntingtonnews.net
Editor’s Note: On Wednesday, Feb. 3, Brandi Jacobs-Jones, director of finance and administration, responded to a letter sent by Jim Porter , president of Local 598, concerning the status of labor negotiations with the city and the commencing of informational pickets in front of City Hall.
Here is the union leaders response to the City Administration that we previously published.
Huntington, WV (HNN) - AFSCME, local 598, has been trying to negotiate a contract for a year and seven months. We had negotiated two complete contracts with the last administration. The union body approved the first contract but it was rejected by council. However mayor Felinton extended the current contract, with the exception of two Articles, that insurance and raises. Another contract was negotiated that addressed the concerns of council, the union requested the second contract be approved by council before, so that would know it was a valid offer. This was never done.
After the election, and the new mayor took office, we were advised that they would not negotiate until the police and fire pension problem was solved. Days turned into months, months turned into more than a half a year. The union body voted to put up a informational picket around City Hall, the city offered to negotiate in exchange for removal of the information picket. The city held exactly two negotiating sessions and one of those was only over ground rules, in the next four months that lasted less than an hour each. It was obvious to all that the city had no intent of doing anything but dragging their feet.
(Porter now discusses the issues about which Ms. Jacobs-Jones wrote on behalf of the administration. Those statements can be found at: http://www.huntingtonnews.net/local/100203-rutherford-localafscmeletter.html)
"Inequity of Time Devoted to Negotiations with AFSCME Local 598 versus Other Unions”
Ms. Jacobs-Jones for the administration: It is true that the City negotiator met with representatives from the FOP and IAFF to negotiate collective bargaining agreements. However, the City negotiator also met with AFSCME state representative Ed Hartman to establish negotiation sessions on January 28, 2010. As a result of these discussions, a mutually agreeable date of February 11, 2010 has been set as the date for further negotiations. Though the City is prepared to review proposals from all bargaining units regarding health insurance, only the IAFF and FOP have provided proposals for review. Nonetheless, regardless of whether any changes are made to the current health insurance plan, all City employees will be provided the same health insurance.
Porter: A labor management meeting was held on Jan 26, in that meeting we inquired when we would be next meeting with the attorney negotiating for the city, as a meeting was held with the Firefighters local, and one was scheduled with the police that week. We were informed that there would be no meetings with local 598 until the health insurance was settled with the fire and police locals. We were assured that we would be stuck with what ever the police and fire negotiated. there would be only one insurance policy for all city employees. A union meeting was held later that evening and the body voted for an informational picket. Two days later, low and behold the attorney the city hired to negotiate the contract scheduled a meeting but only after the picket started. Ed Hartman is not a member of local 598, and is no way authorized to negotiate any part of the contract without the local 598 negotiating team present. The proper way to negotiate a health insurance policy, that all bargaining units must live, is to do as the previous administration did and meet with few representatives of all three bargaining units in one meeting. Since the police and firemen have a higher pay, they can afford to pay a higher premium that would mean even more Local 598 members would be able to afford health insurance.
"Lack of Grievance Procedure“
Ms. Jacobs-Jones: Grievance procedures for state employees are typically provided and regulated by state statutory law. Any grievance rights belonging to AFSCME Local 598 employees are strictly contractual in nature. The contract between the City of Huntington and AFSCME Local 598 expired on June 30, 2008. Thus, there is no collective bargaining agreement in effect. AFSCME 598 has been given several opportunities to enter into a "Memorandum of Understanding" as it relates to conditions of employment. The most recent opportunity to enter into an MOU was July 2009. This Memorandum mirrored the language of the expired agreements in many of its terms, including the grievance procedure. Despite repeated attempts to encourage AFSCME 598 to sign the Memorandum of Understanding, the union has refused to enter into said agreement. The local union could have had a grievance process in place if it would have so chosen."
Porter: At a council meeting an employee of local 598 asked council if there was a grievance procedure in place, the administration quickly replied , there was one but 7 months later the grievance remains unanswered. Any employer with common sense wants a working grievance procedure to resolve dispute in the work place. Mayor Felinton extended the contract indefinitely, with the exception of two articles, that cover raises and health insurance, he was a authorized agent of the city and his actions are binding on the city, at no time was Felinton extension revoked by the current administration. The contract had an automatic renewal clause that required a 60 day notice or the contract renewed, that passed with no action from this administration.
The memorandum of understanding was binding only on the bargaining units and would require them to sign away rights they already had and included a unilateral clause that the allow the city to change it at any time. It would be like signing a contract to buy a car that allowed the seller to take it back after you made 98% of the payments, no one signs anything like that. We could have signed the memorandum of understanding and they could have taken the grievance procedure the next day. This administration treats the employees like fools. Since when did two become several, an agreement is binding on both parties otherwise you have a fools bargain.
"Procedure for Filling Vacant Positions“
Ms. Jacobs-Jones: The purpose of the new procedural change was to ensure that the City of Huntington has the ability to hire the most qualified applicant available for the job and not merely for the employee who has the greatest length of service without regard to qualifications, skill and merit. We are implementing a system that leads to greater efficiency and removes waste of scarce governmental resources. All Public Works positions continue to be posted internally for a period of seventy-two hours. Individuals, who are interested in the positions sign the bid sheet, submit a resume or updated application, and may undergo appropriate tests and interviews at mutually agreed upon times. In the event that two or more perspective candidates are equally qualified for the position, seniority will govern the awarding of said position. "
Porter: Politics, unlike the private sectors thrives on the favor bank, to get elected to a political office it takes the work of many people, one man can not elected on his own. When the favors are called in they are often in the form of jobs. It is common that people who worked for the election of a candidate want to get someone a job. Often this person that worked for the candidate has a good job but they always have a worthless son-in-law or nephew who can't hold a job, that needs one. State and city jobs fill up with these people.
The current job procedure in the contract required that a person have the minimum qualification for the position and that seniority prevail if he met the minimum qualifications. There are enough uncle Joe's boys at the city now, there are currently too many of Uncle Joe's boys at the city now and they are in entry level positions, but new procedure will put them in the higher paying positions. When they don't work and they don't it discourages the other employees from working also. One department head who had two of the Uncle Joe's boy type, that a former mayor refused to let the department head discipline, had them taken out of his department.
If human nature didn't exist and pigs could fly there might be a chance the new procedure might work. The best of people are human and I never saw a suck that couldn't get over over on a boss, they work like a house afire while the boss is in sight and take credit for everyone else work when he isn't. All people encounter people they like and those they don't but when that becomes, and it does the bases of how promotions are handled we are all in trouble. A procedure that can never ever be questioned, that no one is ever entitled to even know the qualifications of those who got the job is corrupt without question.
"Observation of Expired Contract“
Ms. Jacobs-Jones: There is no contract in effect for Local 589. The prior agreement has expired. Contract negotiations will continue as scheduled.
Porter: The Administration recognizes the employees’ right for an informational picket, and we are confident that the informational picket will not disrupt the delivery of service to the citizens of our great City. Every day we are proud of all our employees and the service they provide to our citizens. Each day we seek to improve as a City and as a community. "
The contract is in effect though it may take an expensive lawsuit to prove it. It would be much simpler to treat your employees fairly and negotiate a fair contract. The employees have been here for decades, it is their career, but administrations come and go.
Share This Story:
Make HNN Your Homepage (IE Users Only)
