brief memorandum in support of motion for summary judgment
DESCRIPTION
NLRB Case Number: 18-CB-111451Unfair Labor Practices caseCharging party: Human Development Center, Inc.Charged party: AFSCME Council 5TRANSCRIPT
UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD
Region 18
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, MINNESOTA COUNCIL 5, LOCAL NO. 3558
and Case 18-CB-111451 HUMAN DEVELOPMENT CENTER, INC.
GENERAL COUNSEL’S BRIEF IN SUPPORT
OF MOTION FOR SUMMARY JUDGMENT
The charge in this case, as amended (Exhibits 1 (charge) and 2 (amended
charge)) alleges that American Federation of State, County and Municipal Employees,
AFL-CIO, Minnesota Council 5, Local No. 3558 (Respondent) 1) violated its duty of fair
representation by threatening to seek discharge of certain employees for failure to pay
union dues without informing them of the amounts they owed; 2) coerced employees
into authorizing payroll checkoff of union dues by threatening to seek their discharge for
not paying “$0.00;” and 3) attempted to cause Human Development Center, Inc. (the
Employer) to discharge employees for failure to pay union dues without first giving
employees adequate notice of their dues obligations. Based on the amended charge, a
Complaint issued on November 20, 2013 (Exhibit 3). General Counsel submits that the
pleadings in this matter, together with the exhibits, including Respondent's answer
(Exhibit 4) and amended answer (Exhibit 5), demonstrate that there are no issues of
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fact requiring a hearing to be held and that the case should be determined on the
pleadings and exhibits.
I. UNDISPUTED ALLEGATIONS OF THE COMPLAINT
Exhibits attached to the Motion for Summary Judgment establish the following
undisputed facts:
1. The charge and amended charge were filed and served. Exhibit 3, para. 1; Exhibit 4, para. 2.
2. The Employer is engaged in commerce within the meaning of the Act. Exhibit 3,
para. 2; Exhibit 5, para. 1. 3. Respondent is a labor organization within the meaning of Section 2(5) of the Act.
Exhibit 3, para. 3; Exhibit 4, para. 4. 4. At all material times, Eliot Seide held the position of Respondent’s Executive
Director and has been an agent of Respondent within the meaning of Section 2(13) of the Act. Exhibit 3, para. 4; Exhibit 4, para. 4.
5. The following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(a) of the Act:
All full-time and regular part-time employees, including professional employees, employed by the Employer at or out of the Employer’s facilities located in St. Louis, Carlton, Lake and Cook Counties, Minnesota; excluding guards and supervisors as defined in the National Labor Relations Act, as amended, physicians, clients and consumers employed for rehabilitation or similar therapeutic purposes, and all other employees.
Exhibit 3, para. 5; Exhibit 4, para. 4.
6. At all material times, Respondent and the Employer have maintained and
enforced collective-bargaining agreements covering wages, hours and other terms and conditions of employment of the employees in the Unit described above in paragraph 5, including union-security and dues checkoff provisions. Exhibit 3, para. 6; Exhibit 4, para. 4. Relevant portions of the collective bargaining agreement are attached, Exhibit 6.1
1 The 2010-2012 contract included an “evergreen” clause that precluded any legal “hiatus” between agreements, which is not contested in this case.
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7. At all material times, based on Section 9(a) of the Act, the Union has been the exclusive collective-bargaining representative of the Unit described above in paragraph 5. Exhibit 3, para. 6; Exhibit 4, para. 4.
II. FURTHER UNDISPUTED FACTS
Respondent denied paragraphs 7 and 8 of the Complaint, which allege that its
communications with employees and with the Employer did not adequately inform
employees of their dues obligations before threatening them with, or seeking, their
termination. On the other hand, Respondent filed a position statement in response to
the charge providing copies of its communications to the Employer and to employees
that it considered relevant to the charge allegations. Exhibit 7. These communications
establish the following:
8. On various dates between September 10, 2012, and May 2, 2013, Respondent, by its Executive Director Eliot Seide, sent letters to at least eleven employees informing them of their obligation under the union security clause and providing a chart from which monthly dues may be calculated, variably based on employees’ monthly wage. Besides the address, these letters are identical, and will be referred to herein as the “Introduction for Employees Letter.” Exhibit 8.2
9. On March 15, 2013, Respondent followed up the Introduction for Employees
Letter with letters explaining the union security obligation and stating that the named employees were “[c]urrently . . . in arrears for one (1) month’s fees in the amount of $0.00.” The letter also states that “if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.” The letter also states that payment must be made at Respondent’s office in South St. Paul, Minnesota, between 8 a.m. and 4:30 p.m. weekdays, or “[a]lternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card.” Exhibit 9. Besides the address, these letters are identical and will be referred to herein as the “Threat to Employees Letter.”
10. On March 15, 2013, Respondent sent a letter to the Employer notifying the
Employer that at least eight named employees (those who were also sent the Threat to Employees Letter on the same date) have failed to comply with their union security obligations and have been notified of their impending termination.
2 These letters included an explanation of employees’ rights to opt out of full membership and any obligation to pay a share of Respondent’s nonrepresentational expenses, which is not contested in this case.
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This letter also says that if the named employees fail to comply, Respondent will send the Employer a “final confirming letter to terminate the employee(s) immediately upon receipt.” Exhibit 10. This letter will be referred to herein as the “Notice to Employer Letter.”
11. On April 16, 2013, Respondent sent a letter to the Employer requesting that it
immediately terminate two named employees for failing to comply with their union security obligations. Exhibit 11. This letter will be referred to herein as the “Demand to Employer Letter.”
12. On April 16, May 16, and July 8, 2013, Respondent sent additional Threat to
Employees Letters to three additional employees of Respondent. Exhibit 8. 13. On April 16, May 16, and July 8, 2013, Respondent sent additional Notice to
Employer Letters to the Employer naming three additional employees as being behind in their union security obligations.
Respondent denied the legal conclusions alleged in paragraphs 9, 10, and 11 of
the Complaint. Instead, it claims in its answer that it provided employees with proper
notice and opportunity. In its position statement, Respondent has been forthcoming
with the communications it made to employees and the Employer – it merely disputes
their legal sufficiency. It is clear from the position statement that the dispute in this case
is not with facts relevant to notice and opportunity, but whether the communications
described above are, as a matter of law, sufficient to establish notice and opportunity.
This is an issue for which no hearing is required.
III. ARGUMENT
A. The Threat to Employee Letters Fail to Satisfy Respondent’s Duty of Fair Representation
Before seeking an employee’s discharge for not paying dues, a union has a duty,
as part of its duty of fair representation under Section 8(b)(1)(A) of the Act, to give
employees “‘reasonable notice of the delinquency, including a statement of the precise
amount and months for which dues are owed and of the method used to compute this
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amount.’” Laborers Local 578 (Shaw Constr.), 352 NLRB 1005, 1013 (2008), enfd. 594
F.3d 732 (10th Cir. 2010) (quoting Coopers NIU (Blue Grass), 299 NLRB 720, 723
(1990). Accord Monson Trucking, 324 NLRB 933, 934 (1997); California Saw and Knife
Works, 320 NLRB 224, 232 (1995).
All of the Threat to Employee Letters in this case threaten discharge if employees
fail to pay “$0.00” within 15 days. This is not a clear statement of the amount owed and
the months for which dues are owed. On the contrary, it is a clear statement that
nothing is owed.
The Board has long held . . . that “the extremity of the penalty against the employee for nonpayment of dues requires that it should not be sanctioned unless as a practical matter the Union has taken the necessary steps to make certain that a reasonable employee will not fail to meet his membership obligation through ignorance or inadvertence but will do so only as a matter of conscious choice.”
Monson Trucking, 324 NLRB at 934 (quoting Conductron Corp., 183 NLRB 419, 426
(1970)).
It is unlawful for a union to give an employee an unexplained sum total and leave
the employee to do the math based on previous statements of the general formula for
calculating dues and fees. Laborers International Union Of North America, Local Union
578 (Shaw Stone And Webster Construction, Inc.), 352 NLRB 1005, 1013 (2008). In
this case, Respondent didn’t even give the employees a sum total – it left them totally in
the dark as to their actual arrearage. See also California Saw and Knife Works, 320
NLRB 224, 305 (1995) (strict fiduciary duty violated when union miscalculates).
Respondent’s position statement says it wrote “0” because dues are a
percentage of salary, salary was subject to negotiation at the time, and therefore
Respondent couldn’t tell how much in arrears any one employee was at the time.
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Respondent cannot evade its duty of fair representation by adopting a method of
assessing dues that makes things difficult. If clear notice of the amount owed is
required by duty of fair representation, then Respondent will have to adopt a method
and formula for assessing dues that will enable it to make a clear calculation before it is
entitled to enforce union security. The fiduciary obligation is not interpreted for a union’s
convenience, but for protection of the employees’ jobs. Cf. Monson Trucking, 324
NLRB at 935, which rejected the union’s contention that it needed employees’ social
security numbers to accept dues because that was the “code” it used to log dues
payments.
Moreover, even if wages were subject to negotiation at the time, unless
Respondent wants to claim that the Employer was issuing blank IOU’s instead of
paychecks pending completion of the negotiations, the Employer was still paying a
certain wage. Therefore, not only is Respondent’s claim legally insufficient even if true,
it just can’t be true.
B. The Threat to Employees Letters Reasonably Tend to Coerce Employees into Authorizing Dues Checkoff
In Comau, Inc., 358 NLRB No. 73, slip op. at 4 (June 27, 2012) (footnotes
omitted), the Board summarized the general legal principles applicable to this issue in
an 8(a)(1) case:
An employer may not lead employees to believe that the dues-checkoff authorization method of fulfilling financial obligations to their union is compulsory. Rochester Mfg. Co., 323 NLRB 260 (1997). The Board has repeatedly held that “the Act guarantees to each employee the right to determine for himself, free from coercion, whether he shall sign a checkoff authorization or not.” Herman Bros., Inc., 264 NLRB 439, 442 (1982). “Any conduct, express or implied, which coerces an employee in his attempt to exercise this right clearly violates [the Act].” Electronic
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Workers IUE Local 601 (Westinghouse Electric Corp.), 180 NLRB 1062 (1970). The same principle applies to unions, as established in Comau itself, in which the
Board found the employer and union both liable for a supervisor’s coercive statements
to an employee made in a union agent’s presence. No express threat of adverse
consequences was required – besides calling the employee to the human resources
manager’s office for an interrogation into the employee’s reluctance to sign checkoff, the
main statement found coercive in Comau was the manager’s response to the
employee’s offer to pay in cash – the manager “didn’t want [union] officials running
around once a month collecting 20 bucks from everyone.” Id.
The test of coercion is what a reasonable employee would think. See, e.g.,
Graphic Communications Conference/International Brotherhood Of Teamsters, Local
137c (Offset Paperback Mfrs., Inc.), 359 NLRB No. 22, slip op. at 7 (Nov. 27, 2012).
The first thing a reasonable employee would think after reading the Threat to
Employees letter is, “Everything is fine, I owe $0.00.” That’s what makes the letter a
breach of Respondent’s duty of fair representation. The next thing a reasonable
employee would think is, “This still says they are going to try to get me fired in fifteen
days if I don’t do something.” And what choices for action are offered? Either 1) “If you
choose to make payments directly to the Union, . . . you must [emphasis added] make
such payments by paying in cash, check or money order at the South St. Paul office
located at 300 South Hardman Avenue. The office will receive payments Monday-
Friday between the hours of 8:00 a.m. and 4:30 p.m.”; or 2) “Alternatively for your
convenience you can return the enclosed Authorization for Payroll Deduction card,
which permits [the Employer] to deduct the funds from your paycheck.”
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This choice coerces employees into authorizing checkoff in two ways. First, the
only alternative literally offered to checkoff is for employees to appear in person with
cash or check at Respondent’s office in South St. Paul, Minnesota during weekday
“banker’s hours.” The Employer is located in Duluth, Minnesota, 150 miles away, and
presumably all or most employees live within commuting distance of Duluth, not South
St. Paul. Counsel for the General Counsel urges the Board to find this choice coercive
absent some evidence or argument why mailing a check should not be sufficient. Cf.
Zurn Nepco, 316 NLRB 811, 818-819 (1995) (employer that offered no alternative to
signing checkoff forms unintentionally but unlawfully coerced checkoff).
Second, the demand for “$0.00” also makes this choice coercive independent of
the travel issue. Respondent claims it can’t tell employees in advance how much they
owe. A reasonable employee faced with this discharge threat would be likely to
conclude that signing checkoff is the only thing the employee can do to head off the
discharge threat, and just let the Employer’s accountants determine the final bill. Under
the reasoning of Comau and Zurn Nepco, Respondent’s demand is coercive within the
meaning of Section 8(b)(1)(A) of the Act.
C. The Demand to Employer Letters Violate Section 8(b)(2)
If Respondent’s Threat to Employees Letters are either a violation of the duty of
fair representation or coercive in violation of Section 8(b)(1)(A), then the Demand letters
sent to the Employer on April 16 are 8(b)(2) violations. See L.D. Kichler Co., 335 NLRB
1427, 1431-1432 (2001) (by not informing employee of precise amount of dues owed,
union “failed to lay the necessary groundwork for a lawful demand for discharge”);
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Hospital del Maestro, 323 NLRB 93, 94 (1997) (8(b)(2) violation based on coerced
checkoff and failure to inform employee of dues owed).
IV. CONCLUSION
Based on the foregoing, Respondent has violated Section 8(a)(1)(A) and (2) as
alleged in the Complaint. Therefore, General Counsel respectfully requests that the
Board enter an appropriate remedial order, including requiring Respondent to cease
and desist from threatening to seek employees’ termination without giving them lawful
notice of their dues obligations; to cease and desist from coercing employees into
authorizing payroll checkoff for dues payments; and to cease and desist from
demanding that the Employer terminate employees for not paying dues without fully
explaining employees’ legal obligations and without giving them an uncoerced choice of
payment method; and affirmatively to withdraw any termination demands made of this
Employer since March 1, 2013 and notify employees that it has done so.
Dated at Minneapolis, Minnesota, this 27th day of December, 2013
Respectfully submitted,
________________________________________ Joseph Bornong, Counsel for the General Counsel National Labor Relations Board Region 18 330 South Second Avenue Suite 790 Minneapolis, MN 55401
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Table of Exhibits 1. Charge filed in Case No. 18-CB-111451 on August 19, 2013 2. Amended Charge filed in Case No. 18-CB-111451 on November 6, 2013 3. Complaint in Case No. 18-CB-111451 issued on November 20, 2013 4. Answer in Case No. 18-CB-111451 filed on December 3, 2013 5. Amended Answer in Case No. 18-CB-111451 filed on December 11, 2013 6. Collective Bargaining Agreement 7. Respondent’s Position Statement filed on September 27, 2013 8. Introduction for Employees Letter 9. Threat to Employees Letter 10. Notice to Employer letter 11. Demand to Employer letter
EXHIBIT 1
INTERNET FORM EXEMPT UNDER 44 U Sc 3512
FORM NLRB-508 UNITED STATES OF AMERICA DO NOT WRITE IN THIS SPACE (2-08) NATIONAL LABOR RELATIONS BOARD
Case Date Filed CHARGE AGAINST LABOR ORGANIZATION
OR ITS AGENTS
INSTRUCTIONS. File an original with NLRB Regional Director for the region in which the alleged unfair labor practice occurred or is occurring.
1. LABOR ORGANIZATION OR ITS AGENTS AGAINST WHICH CHARGE IS BROUGHT
a. Name
American Federation of State, County and Municipal Employees, AFL-CIO, Minnesota Council 5, Local No. 3558
b. Union Representative to contact
Ken Loeffler-Kemp
c. Address (Street, city, state, and ZIP code)
211 West Second Street Duluth, rvini 55802
d Tel. No 218-722-0577
e Cell No
218-726-9606 f Fax No.
218-722-6802
g. e-Mail [email protected]
ro
h. The above-named organization(s) or its agents has (have) engaged in and is (are)engaging in unfair labor practices within the meaning of section 8(b), subsection(s) (list subsections) 2 of the National Labor Relations Act, and these unfair labor practices are unfair practices affecting commerce within the meaning of the Act, or these unfair labor practices are unfair practices affecting commerce within the meaning of the Act and the Postal Reorganization Act.
2 Basis of the Charge (set forth a clear and concise statement of the facts constituting the alleged unfair labor practices)
On six occasions, commencing on 03/15/2013, and as recently as 07/17/2013, the labor organization has requested in writing that the employer terminate a number of newer unit employees for non-payment of dues or service fees. Some hadn't been employed long enough to reach a pay period, and some in fact had begun paying. More importantly, the labor organization has tolerated for months and years the non-payment of dues and service fees by many other unit employees. In response to the first termination request letter, the employer, on April 5, 2013, asked the labor organization to provide evidence that the employees were in fact delinquent and had been given fair warning. The labor organization never responded but instead continued to send termination requests.
The employer charges that the labor organization, in violation of Section 8(b)(2), has attempted to cause the employer to discriminate against employees in violation of Section 8(a)(3) on some ground other than the failure of the employees to tender periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership.
3. Name of Employer
Human Development Center 218-730-2351
4a. Tel No b Cell No
c Fax No
218-730-2363
d. e-Mail [email protected]
5. Location of plant involved (street, city, state and ZIP code)
1401 East Superior Street Duluth, MN 55805
6 Employer representative to contact
Didi Jezierski, HR Manager
7. Type of establishment (factory, mine, wholesaler, etc)
community mental health clinic
8. Identify principal product or service
mental health services
9 Number of workers employed
approx. 280
10. Full name of party filing charge
Human Development Center, 11a. Tel. No.
as above b. Cell No
a Minnesota nonprofit corporation C. Fax No. d. e-Mail
11. Address of party filing charge (street. city, state and ZIP code) as above as above as above
12. DECLARATION I declare that I have read the above charge and that the statements therein are true to the best of my knowledge and belief
_ By 0 t_<_____I- Didi Jezierski, HR Manager
Tel. No. as above
Cell No.
s u of represent ye or person ffigking charge) (PrinVtype name and title or office, if any)
Address as above (date) 8/0/2013
Fax No. as above
e-Mail as above
WILLFUL FALSE STATEMENTS ON THIS CHARGE CAN BE PUNISHED BY FINE AND IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001)
PRIVACY ACT STATEMENT Solicitation of the information on this form is authorized by the National Labor Relations Act (NLRA), 29 U S.C. § 151 et seq. The pnncipal use of the information is to assist the National Labor Relations Board (NLRB) in processing unfair labor practice and related proceedings or litigation The routine uses for the information are fully set forth in the Federal Register, 71 Fed Reg 74942-43 (Dec. 13, 2006). The NLRB will further explain these uses upon request. Disclosure of this information to the NLRB is voluntary, however, failure to supply the information will cause the NLRB to decline to invoke its processes
EXHIBIT 2
No 7633 P 3
FoRm exEmPT UNDER .4 u 5 G 351a
DO NOT WRITE IN THIS SPACE
Case
18-CB-111451
1 Date Filed
2 Basis of the Charge (set forth e clear and concise statement of the facts constituting the alleged unfair labor practices)
On various occasions since March 15. 2013, the Union violated its duty of fair representation by threatening to seek
discharge of certain employees for failing to pay union dues without informing them of the amounts they owed.
INS TRUCTfONS: File en original with NLRB Regional Director for the regron in which the alleged unfair labor practice occurred or rs occurring. • • • •
1 LABOR ORGANIZATION OR ITS AGENTS AGAINST WHICH CHARGE IS BROUGHT
a Name
American Federation of State, County and Municipal Employees. AFL-CIO,
Minnesota Council 5, Local No 3558
b Union Representative lo contact
Ken Loeffler-Kemp
c Address (Street, city, state, and ZIP robe)
211 West Second Street
d Tel No 218-722-0577
e. Cali No
218-726-9606
Duluth MN 55802 f Fat No g e•Mail
ken Ioefflerkemp@afsomemn a
_JO
[h The above•named organization(s) or its agents has (have) engaged in and is (are)engaging in unfair labor practices within the meaning of section 8(b)
subsection(s) Psi subsections) (1)(A) and (2) of the National Labor Relations Att, and these unfair labor practices are unfair practices affecting commerce within the Meaning of the Act, or these unfair labor practices are unfair practices affecting commerce within the meaning of the Act and the Postal RearqanIzation Act
218-722-5802
5 Location of plant involved (street, city, stare arid ZIP cove)
1401 East First Street
Duluth MN 55805
6 Employer representative to contact
Did! JeZterS1(1, HR Manager
as above 11 Address of party filing charge (street. city, stare and DP cella
as above
4a Tel No
218-730-2351 c Fax No
218-730-2353
b Cell No
d e•Meil kit tetterski@hdchre Gag
3 Name of Employer
Human Development Center
7 Type of establishment (factory, mine, wholesaler, etc j
8 Identify onncipel product or service
Community mental health clinic
Mental health services
10 Full name of party filing charge
ha Tel No
Human Development Center. a Minnesota nonprofit corporation
as above c Fax No d e•Man
as above
9 Number of workers employed
approx 280
b Cell No
I A I
7erson akin c arge) (Pnntrlype name and tide or office, if any)
DOI Jezierski, HR Manager
Nov. 6. 2013 3:252M JOHNSON KILLEN & SEILER
INTERNET FORM NLRB-SOS UNITED STATES OF AMERICA
(2-08) NATIONAL LABOR RELATIONS BOARD
AMIE IStnErf CHARGE AGAINST LABOR ORGANIZATION OR ITS AGENTS
On various occasions since March 15, 2013, the Union coerced employees into authorizing payroll check-off of Union dues
by threatening to seek their discharge for not paying 10 00
On various occasions since March 15, 2013, the Union attempted to cause the Employer to discharge employees for
nonpayment of union dues without first giving the employees adequate notice of their dues obligations
I declare el I have read the
By (signa we o repres
12. DECLARATION ye charge end that ill statements thereto are true to the best of my knowledge ant belief
Tel No as above
Cell No
Fax No as above
e•Mail as above
14.13 Address as above (ONO -
WILLFUL FALSE STATEMENTS ON THIS CHARGE CAN BE PUNISHED BY FINE AND IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001)
PRIVACY ACT STATEMENT Solicitation of the information on this form is authorized by the Nahum! labor Retahons Aci (NLRA). 29 US C § 151 el see The pnncipal use of the information is to assIsl he National Labor Relation9 Board (NLRB) in processing unfas lobo, peace and related proceedings or litigation The routine uses for the inlormetron are folly set forth in the Federal Register, 71 Fed Reg 7d942-43 (Dec 13, 2005) The NURB will further explain these uses upon request Disclosure of the intonation to the NLRB is voluntary, however, failure to supply the intorrnauon will cause the NLR8 to deckle lo invoke de processes
NOV-06-2013 15:20 2187223031 96% P.03
EXHIBIT 3
UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD
Region 18
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, MINNESOTA COUNCIL 5, LOCAL NO. 3558
and Case 18-CB-111451 HUMAN DEVELOPMENT CENTER, INC.
COMPLAINT
This Complaint is based on a charge filed by Human Development Center,
hereinafter referred to by its correct legal name, Human Development Center, Inc. (the
Employer). It is issued pursuant to Section 10(b) of the National Labor Relations Act,
29 U.S.C. § 151 et seq. (the Act), and Section 102.15 of the Rules and Regulations of
the National Labor Relations Board (the Board), and alleges that American Federation
of State, County and Municipal Employees, AFL-CIO, Minnesota Council 5, Local No.
3558 (Respondent) has violated the Act as described below:
1.(a) The charge in this proceeding was filed by the Employer on August 19, 2013,
and a copy was served by regular mail on Respondent on about that same date.
(b) The amended charge in this proceeding was filed by the Employer on
November 6, 2013, and a copy was served by regular mail on Respondent on about that
same date.
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2.(a) At all material times, the Employer has been a Minnesota corporation with
its principal office and place of business in Duluth, Minnesota, and has operated medical
clinics providing mental health care and services.
(b) In conducting its operations described above in subparagraph (a) during the
past calendar year, the Employer provided services valued in excess of $50,000 directly
to customers located outside the State of Minnesota.
(c) In conducting its operations described above in subparagraph (a) during the
past calendar year, Respondent purchased and received at its facilities located within
the State of Minnesota goods and supplies valued in excess of $5,000 directly from
suppliers located outside the State of Minnesota.
(d) In conducting its operations described above in subparagraph (a) during the
past calendar year, the Employer earned gross revenues in excess of $250,000.
(e) At all material times, the Employer has been engaged in commerce within
the meaning of Section 2(2), (6), and (7) of the Act, and has been a health care
institution within the meaning of Section 2(14) of the Act.
3. At all material times, Respondent has been a labor organization within the
meaning of Section 2(5) of the Act.
4. At all material times, Eliot Seide held the position of Respondent’s Executive
Director and has been an agent of Respondent within the meaning of Section 2(13) of
the Act.
5. At all material times, by virtue of Section 9(a) of the Act, Respondent has
been the exclusive collective-bargaining representative of the following employees of
the Employer, herein called the Unit:
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All full-time and regular part-time employees, including professional employees, employed by the Employer at or out of the Employer’s facilities located in St. Louis, Carlton, Lake and Cook Counties, Minnesota; excluding guards and supervisors as defined in the National Labor Relations Act, as amended, physicians, clients and consumers employed for rehabilitation or similar therapeutic purposes, and all other employees.
6. At all material times, Respondent and the Employer have maintained and
enforced collective-bargaining agreements covering wages, hours and other terms and
conditions of employment of the employees in the Unit described above in paragraph 5,
including union-security and dues check-off provisions.
7.(a) By letters dated March 15, April 16, May 16, and July 8, 2013, Respondent
threatened to seek the discharge of employees’ employment with the Employer for
failure to pay union dues without giving those employees a statement of the amount
owed or a reasonable opportunity to pay.
(b) In the letters described above in subparagraph (a), Respondent coerced or
attempted to coerce employees of the Employer into signing dues check-off
authorization forms.
8. By letters dated March 15, April 16, May 16, and July 8, 2013, Respondent
requested that the Employer discharge several employees for failure to pay union dues
without first having given those employees a statement of the amount owed or a
reasonable opportunity to pay.
9. By the conduct described above in paragraphs 7 and 8, Respondent has been
restraining and coercing employees in the exercise of their rights guaranteed in Section
7 of the Act, in violation of Section 8(b)(1)(A) of the Act.
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10. By the conduct described above in paragraph 8, Respondent has been
attempting to cause an employer to discriminate against its employees in violation of
Section 8(a)(3) of the Act, in violation of Section 8(b)(2) of the Act.
11. The unfair labor practices of Respondent described above affect commerce
within the meaning of Section 2(6) and (7) of the Act.
ANSWER REQUIREMENT
Respondent is notified that, pursuant to Sections 102.20 and 102.21 of the
Board’s Rules and Regulations, it must file an answer to the complaint. The answer
must be received by this office on or before December 4, 2013, or postmarked on
or before December 3, 2013. Respondent should file an original and four copies of the
answer with this office and serve a copy of the answer on each of the other parties.
An answer may also be filed electronically through the Agency’s website. To file
electronically, go to www.nlrb.gov, click on File Case Documents, enter the NLRB
Case Number, and follow the detailed instructions. The responsibility for the receipt and
usability of the answer rests exclusively upon the sender. Unless notification on the
Agency’s website informs users that the Agency’s E-Filing system is officially
determined to be in technical failure because it is unable to receive documents for a
continuous period of more than 2 hours after 12:00 noon (Eastern Time) on the due
date for filing, a failure to timely file the answer will not be excused on the basis that the
transmission could not be accomplished because the Agency’s website was off-line or
unavailable for some other reason. The Board’s Rules and Regulations require that an
answer be signed by counsel or non-attorney representative for represented parties or
by the party if not represented. See Section 102.21. If the answer being filed
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electronically is a pdf document containing the required signature, no paper copies of
the answer need to be transmitted to the Regional Office. However, if the electronic
version of an answer to a complaint is not a pdf file containing the required signature,
then the E-filing rules require that such answer containing the required signature
continue to be submitted to the Regional Office by traditional means within three (3)
business days after the date of electronic filing. Service of the answer on each of the
other parties must still be accomplished by means allowed under the Board’s Rules and
Regulations. The answer may not be filed by facsimile transmission. If no answer is
filed, or if an answer is filed untimely, the Board may find, pursuant to a Motion for
Default Judgment, that the allegations in the complaint are true.
Dated at Minneapolis, Minnesota, this 20th day of November, 2013
___ /s/ Marlin O. Osthus________________ Marlin Osthus, Regional Director National Labor Relations Board Region 18 330 South Second Avenue Suite 790 Minneapolis, MN 55401
EXHIBIT 4
UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD
Region 18
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, MINNESOTA COUNCIL 5, LOCAL NO. 3558
and
Case 18-CB-111451
HUMAN DEVELOPMENT CENTER, INC.
ANSWER
Respondent, for its Answer to the Agency's Complaint, states and alleges as follows:
1. Denies everything contained in the Agency's Complaint except as is affirmatively admitted, qualified, or otherwise explained in this Answer.
2. Respondent admits to the information set forth in Paragraph 1 of the Agency's Complaint.
3. Respondent lacks sufficient information and knowledge to admit or deny the allegations set forth in Paragraph 2 of the Agency's Complaint.
4. Respondent admits to the information set forth in Paragraphs 3 through 6 of the Agency's Complaint.
Allegations
5. Respondent denies the characterizations, things and matters alleged in Paragraph 7 of the Agency's Complaint. Respondent provided employees with both proper notice and opportunity.
6. Respondent denies the characterizations, things and matters alleged in Paragraph 8 of the Agency's Complaint. Respondent requested discharge after providing employees with both proper notice and opportunity.
7. Having denied the alleged conduct in Paragraphs 7 and 8 of the Agency's
Complaint, Respondent denies the characterizations, things and matters alleged in Paragraphs 9 and 10 of the Agency's Complaint.
8. Respondent denies committing the unfair labor practices referenced in Paragraph 11.
Affirmative Defenses
Pending further discovery and in order to protect and preserve the rights of Respondent, the following affirmative defenses are stated:
9. Respondent asserts no affirmative defenses at this time.
WHEREFORE, Respondent respectfully requests Judgment against the Agency:
a. Dismissing the case on the merits with prejudice;
b. Awarding Respondent any other relief deemed just and appropriate.
-
, 2013 GREGG M. CORW ASSOCIATE Dated: OFFICE, P.
1/M4 Gregg orwin, #19033 508 East Parkdale Plaza Building 1660 South Highway 100 St. Louis Park, MN 55416 Phone: (952) 544-7774 Fax: (952) 544-7151
2
EXHIBIT 5
EXHIBIT 6
EXHIBIT 7
EXHIBIT 8
Minnesota Council 5
American
Federation EGE2330.
Municipal
Employees
County
F44,44441,4
211 West 2nd street Duluth, MN 55802
(218) 722-0577
fax (2 I 8) 722-6802
300 Hardman Avenue S. South St. Paul, MN 55075 (651) 450-4990
(651) 455-1311 fax
www.afsanemmorg
DATE: September 10, 2012
L3558 TO: RICHARD YOUNG
1001 30TH ST CLOQUET MN 55720-2823
FROM: Mike Buesing, President Eliot Seide, Executive Director Minnesota AFSCME Council 5, AFL-CIO Minnesota ARSCME Council 5, AFL-CIO
RE: UNION DUES/FEES
AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working conditions and welfare of our members.
It is a condition of employment that all employees of HDC covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by HDC within 30 days after receipt of written notice from the Union.
As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included.
Effective January 1, 2012 to December 31, 2012 your local union dues will be:
MONTHLY dues will be as follows:
FT Membership Dues
>=3,000.01 /MO 51.80
>=2,500 01 /MO 47.06
>=2,000,01 /MO 5 42.72
>=1,500.01 /MO S 37.60
>=1,000.01 /MO 32.74
>=500.01 /MO 28.28
<=500.00 / MO 14.24
Union deductions will not begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of 71.71% of member dues. This percentage will be in effect during the period January 01, 2012 through December 31, 2012, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change.
Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership.
Alone, workers 'are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.
www.afscmemmorg
American
Federation ' ea15:=1) County
and
Municipal
Employees
Meladv)
300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-4990 (651) 155-1311 fax
21 I West 2nd street Duluth, MN 55802
(218) 722-0577 fax (218) 722-6802
DATE: September 10, 2012
L3558 TO: GEORGENE TISDELL
56 E 2ND ST SUPERIOR WI 54880-3021
FROM: Mike Buesing, President Eliot Seide, Executive Director Minnesota AFSCME Council 5, AFL-CIO Minnesota AFSCME Council 5, AFL-CIO
RE: UNION DUES/FEES
AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals arc those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working conditions and welfare of our members.
It is a condition of employment that all employees of HDC covered 'by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by I-DC within 30 days after receipt of written notice from the Union.
As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included.
Effective January 1, 2012 to December 31, 2012 your local union dues will be:
MONTHLY dues will be as follows:
FT Membership Dues
>=3,000.01 /MO 51.80
>=2,500.01 /MO 47.06
>=2,000.01 /MO 42.72
>=1,500.01/ MO 37.60
>=1,000.01 /MO 32.74
>=500.01 / MO 28.28
<=500.00/ MO 14.24
Union deductions will not begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of 71.71% of member dues. This percentage will be in effect during the period January 01, 2012 through December 31, 2012, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change.
Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. If you prefer to be an agency lee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership.
Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.
Minnesota Count/15
American
c0 E3203:30
Municipal
Employees
Federation County
and
tdh4,44401,4 wiza.
211 West 2nd Street
Duluth, MN 55802 (218) 722-0577
fax (218) 722-6802
300 Hardman Avenue S. South St. Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax
www.afscmemmorg
DATE: September 10, 2012
L3558 TO: TAUSI-11A BROOKS
1917 LONDON RD DULUTH MN 55812-2039
FROM: Mike Buesing, President Eliot Seide, Executive Director Minnesota AFSCME Council 5, AFL-CIO Minnesota AFSCME Council 5, AFL-CIO
RE: UNION DUES/FEES
AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunitylo join with us in working to improve the working conditions and welfare of our members.
It is a condition of employment that all employees of HDC covered by the Agreement with the Union must tender their membei ship dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by HDC within 30 days after receipt of written notice from the Union.
As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included.
Effective January 1, 2012 to December 34, 2012 your local union dues will be:
MONTHLY dues will be as follows:
FT Membelship Dues
>=3,000 01 /MO 51.80
>=2,500.01 /MO 47.06
>=2,000 01/M0 S 42.72
>=1,500.01 /MO 37.60
>=1,000.01 /MO S 32.74
>=500 01 /MO 28.28
<=500.00 /MO 14.24
Union deductions will not begin until you have completed your 31 day probationary period, Agency fee payer fees will be assessed at the rate of 71.71% of member dues. This percentage will be in effect during the period January 01, 2012 through December 31, 2012, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change.
Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union offiems. If you choose to be an agency fee payer, you will miss those opportunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership.
Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.
www.afscmemn.org
Federation
132e320
Municipal
Employees American
County
*44,441
tvg44.044.4.
4,1401i
211 West 2nd 6tree1 Duluth, MN 55802
(218) 722-0577 fax (218) 722-6802
3001-larclrnan Avenue S. South St. Paul, MN 55075 (651) 450-4990 (651)455-13!1 fax
WAKIMP,-...100...11PRM04,....4^5 .1•01s*enz
DATE: October 03, 2012
L3558
TO: ANN1KA JO BROWN
4106 E 3RD ST SUPERIOR WI 54880-4219
FROM: Mike Buesing, President Eliot Seide, Executive Director Minnesota AFSCME Council 5, AFL-CIO Minnesota AFSCME Council 5, AFL-CIO
RE: UNION DUES/FEES
AFSCME Council 5 would like to welcome you to employment Ma position covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working conditions and welfare of ow' members.
It is a condition of employment that all employees of HDC covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by HDC within 30 days after receipt of written notice from the Union.
As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included.
Effective January 1, 2012 to December 31,2012 your local union dues will be:
MONTHLY dues will be as follows:
FT Membership Dues
>=3,000.0I /MO 51,80
>=2,500.0l IMO 47.06
>=2,000.01 /MO 42.72
>=1,500,0 I /MO 37.60
>=1,000.0 I /MO 32.74
>=500 / MO 28.28
<=500.00 /MO $ 14.24
Union deductions will not, begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of 71.71% of member dues. This percentage will be in &net during the period January 01, 2012 through December 31, 2012, when a new percentage will be calculated and plated into effect. As dues rateS change, your agency fee payer fee may change.
Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers, If you choose to be an agency fce payer, you will miss those opportunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership.
Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is Stronger Mail the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.
www.afscinemn.org
American
Federation cOMea%
Employees
County
and
Municipal
211 West 2nd Street
Duluth, MN 55802 (218) 722-0577
fax (218) 722-6802
300 Hardman Avenue S. South St. Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax
DATE: October 03, 2012
L3558
TO: DAWN MAGNUSON
1913 LONDON RD STE 2
DULUTH MN 55812-2084
FROM: Mike I3uesing, President Eliot Seide, Executive Director
Minnesota AFSCME Council 5, AFL-C10 Minnesota AFSCME Council 5, AFL-CIO
RE: UNION DUES/FEES
AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals are those
which are established by our members. We hope that you will take this opportunity to join with us in working to improve the
working conditions and welfare of our members.
It is a condition of employment that all employees of HDC covered by the Agreement with the Union must tender their
membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to
voluntarily end their employment and will be discharged by IIDC within 30 days after receipt of written notice from the Union.
As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included,
Effective January 1, 2012 to December 31, 2012 your local union dues will be:
MONTHLY clues will be as follows:
FT Membership Dues
>=3,000.01 IMO 51 80
>=2,500.01 /MO 47.06
>=2,000.01 /MO 42 72
>=1,500.01 /MO 37.60
>=1,000.01 /MO 32.74
>=500 01 /MO 28 28
<=500 00/M0 14 24
Union deductions will not begin until you have completed your 31 day probational), period. Agency fee payer fees will be
assessed at the rate of 71.71% of member dues. This percentage will be in effect during the period January 01, 2012 through
December 31, 2012, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee
payer fee may change._
Only union members have the right to attend local union meetings, offer input, vote on contraeLs, run for union office, and elect
union officers. If you choose to be an agency fee payer, you will miss those opportunities. It' you prefer to be an agency fee
payer (non-member), please send a request to the address at the top of this letter, Attn: Membei ship.
Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the
bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work, We
hope you choose to join and become an active member of ow powerful union.
Minnesota Council5
03020T:1D County
and
Municipal
Employees American
Federation
1.1 .44.4seta4 4/444e
211 West 2nd .::itreet
Duluth, MN 55802 (218) 722-0577
fax (218) 722-6802
300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax
www.afscmemn.org ,Atee, -nn, ,mempoh Inammee,I.
DATE: January 25, 2013
L3558
TO: BRACKIN IvIIGGINS
7926 SALO RD SAGINAW MN 55779-8045
FROM: Judy Wahlberg, President Minnesota AFSCME Council 5, AFL-CIO
RE: UNION DUES/FEES
Eliot Seide, Executive Dilector Minnesota AFSCME Council 5, AFL-CIO
AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working conditions and welfare of our members.
It is a condition of employment that all employees of HDC coveted by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by "HDC within 30 days after receipt of written notice from the Union.
As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included.
Effective January 1, 2013 to December 31, 2013 your local union dues will be:
MONTHLY dues will be as fbllows:
FT Membership Dues
>$3000.01/M0 52.10
>=$2500.01/MO 47.36
>=2000/MO 43 02
>---.1500,01/M0 37.90
>=1000.01/M0 33.04
>=500.01/MO 28.58
<500/M0 14.54
Union deductions will not begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of 73.27% of member dues. This percentage will be in effect during the period January 01, 2013 through December 31, 2013, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change.
Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you ehoose to be an agency fee payer, you will miss those opportunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership.
Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the. bosses who threaten our pensions, our health care, and even our jribs as they by to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.
a on Fede and County GO Efsackra) Municipal nG532503aD Employees 0,44,141 144.4.44444
300 Hardman Avenue S.
South St Paul, MN 55075 (651) 450-4990
(651) 455-1311 fax
_ lorwvfscnietrimorg
21 I West 2nd :itreet
Duluth, MN 55802 (218) 722-0577
fax (218) 722-6802
AFSCME Minnesota CountilS
DATE: January 25, 2013
L3558 TO: MATTHEW ZEMLER
2205W 10TH ST DULUTH MN 55806-1234
FROM: Judy Wahlberg, President Eliot Seide, Executive Director Minnesota AFSCME Council 5, AFL-CIO Minnesota AFSCME Council 5, AFL-CIO
RE: UNION DUES/FEES
AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working conditions and welfare of our members.
It is a condition of employment that all employees of HDC covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shalt be electing to voluntarily end their employment and will be discharged by HDC within 30 days alter receipt of written notice from the Union.
As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been - included.
Effective January 1, 2013 to December 31, 2013 your local union dues will be:
MONTHLY dues will be as follows:
FT Membership Dues
>$3000.01/M0 52.10
>=$2500.01/M0 47.36
>=2000/M0 43.02
>=1500,01/M0 $ 37.90
>=1000.01/M0 33,04
>=500 01/M0 28.58
<500/M0 8 14.54
Union deductions will not begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of' 73:27% of member dues. This percentage will be in effect during the period January 01, 2013 through December 31, 2013, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fcc may change.
Only union members have the right to attend local union meetings, offer input, vote on contracts,.run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those oppoitunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the-top of this letter, Attn: Membership.
Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.
Minnesota Council 5
American
Federation C32e(IGb
and
Municipal
County
Employees
H4,444014
300 Hardman Avenue S. South St Paul, MN 55075 (65 I ) 450-4990 (651) 455-1311 fax
211 West 2nd Street Duluth, MN 55802
(2 I 8) 722-0577 fax (218) 722-6802
www.afsatiemmorg
DATE: February 20, 2013
L3558
TO: MANDY JOHNSON
674 ABLE1TER RD WRENSHALL MN 55797-9108
FROM: Judy Wahlbcrg, President Eliot Seide, Executive Director Minnesota AFSCME Council 5, AFL-00 Minnesota AFSCME Council 5, AFL-CIO
RE: UNION DUES/FEES
AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working conditions and welfare of our members.
It is a condition of employment that all employees of HDC covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by HDC within 30 days after receipt of written notice from the Union.
As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included.
Effective January 1,2013 to December 31, 2013 your local union dues will be:
MONTHLY dues will be as follows:
>$3000 01/M0
>42500.01/MO
FT Membership Dues
52.10
47 36
>=2000/M0 8 43 02
>=1500,01/MO 37 90
>=1000.01/M0 33 04
>=500,01/M0 8 28 58
<500/M0 8 4 54
Union deductions will not begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of 73.27% of member dues, This percentage will be in effect during the period January 01, 2013 through December 31, 201,3, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change.
Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership.
Alone, workers are like fingers poking at had bosses. United, we fuse our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work, We hope you choose to join and become an active member of our powerful union.
Mhinvota Co ail 5
211 West 2rd z;treet
Duluth, MN 55802 (218) 722-0577
fax (218) 722-6802
County Municipal Emplo ees
vacem .1 fl American Federa
300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax
,WWW.afcernernri•Org
DATE: March 05, 2013
L3558 TO: NANCIANNE WITT
PO BOX 162 12405 E COUNTY ROAD 11 LAKE NEBAGAMON WI 54849
FROM: Judy Wahlberg, President Eliot Scidc, Executive Director Minnesota AFSCME Council 5, AFL-CIO Minnesota AFSCME Council 5, AFL-CIO
RE: UNION DUES/FEES
AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working conditions and welfare of our members.
It is a condition of employment that all employees of UDC covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by HDC within 30 days after receipt of written notice from the Union.
As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included.
Effective January 1, 2013 to December 31, 2013 your local union dues will be:
MONTHLY dues will be as follows:
FT Membership Dues
>$3000.01/M0 52 10
>42500.01/MO 47.36
>=2000/M0 5 43.02
>=1500 01/M0 5 37.90
>=1000.01/M0 33.04
>=500.01/M0 28 58
<500/M0 14 54
Union deductions will not begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of 73.27% of member dues. This percentage will be in effect during the period January 01, 2013 through December 31, 2013, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change.
Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership.
Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.
American
Federation 23eWo County
and Municipal Employees
(pag
q=a
44.44444 Vitaa
300 Hardman Avenue S.
South St Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax
A CME
Minnesota Council
www.afsonemmorg
211 West 2nd street Duluth, MN 55802
(218) 722-0577 fax (218) 722-6802
DATE: April 17, 2013
L3558 TO: ERIC CARLSON
1817 E 3RD ST STE 2 DULUTH MN 55812-1776
FROM: Judy Wahlberg, President Eliot Seidc, Executive Director Minnesota AFSCME Council 5, AFL-CIO Minnesota AFSCME Council 5, AFL-CIO
RE UNION DUES/FEES
AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working conditions and welfare of our members.
It is a condition of employment that all employees of IIDC covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by I-IDC within 30 days after receipt of written notice from the Union.
As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included.
Effective January 1, 2013 to December 31, 2013 your local union dues will be:
MONTHLY dues will be as follows:
FT Membership Dues
>$3000.01/M0 52.10
>=$2500.01/M0 47,36
>=2000/M0 43.02
>=1500.01/M0 37.90
>=1000.01/M0 1 33 04
>=500.01/M0 28 58
<500/M0 14.54
Union deductions will not begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of 73.27% of member dues, This percentage will be in effect during the period January 01, 2013 through December 31, 2013, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change.
Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership.
Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work, We hope you choose to join and become an active member of our powerful union.
w w.atscmemn.or2
DATE: May 02, 2013
300 Hardman Avenue S. South St. Paul, MN 55075 (651) 450A990 (651) 455-1311 fax
211 West 2nd Street
Duluth, MN 55802 (218) 722-0577
fax (2 I 8) 722-6802
L3558
TO: HEATHER BEAM 4351 W TISCHER RD DULUTH MN 55803-9404
FROM: Judy Wahlberg, President Eliot Seide, Executive Director Minnesota AFSCME Council 5, AFL-C10 Minnesota AFSCME Council 5, AFL-C10
RE: UNION DUES/FEES
AFSCME Council 5 would like to wercome'you to employment in a pOsition covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working cOnditions and welfare of our members.
It is a condition of employment that all employees of HDC covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by HDC within 30 days after receipt of written notice from the Union.
As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included.
Effective January 1, 2013 to December 31, 2013 your local union dues will be:
MONTHLY dues will be as follows:
FT Membership Dues
>$3000.01/M0 52 10
>42500.01/M0 47.36 >=2000/MO 43.02
>=1500.01/M0 37 90 >=1000.01/M0 33.04 >=500.01/M0 28.58 <500/M0 14.54
Union deductions will not begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of 73.27% of member dues. This percentage will be in effect during the period January 01, 2013 through December 31, 2013, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change.
Only union members have the right to attend local union meetings,, offer input, vote 011 contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. If you meter to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership.
Alone, workers are like fingers poking at bad bosses. United, we fuSe our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our „jobs as they try to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.
EXHIBIT 9
211 West 2nd Street
Duluth, MN 55802
(218) 722-0577
fax (218) 722-6802
300 Hardman Avenue S.
Soulh St Paul, MN 55075 (651) 450-4990
(651) 455-1311 fax
www.afscmemnoorg
March 15, 2013
Local 3558-HDCDU Richard Young 1001 30th St Cloquet, MN 55720-2823
ATTN: Hdc Employee
RE: Termination letter for non-payment of Member Dues/Agency Fee Payer Fees
A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by 1-Idc within 30 days after receipt of written notice to Hdc from the Union.
Currently you are in arrears for one (1) month's fees in the amount of $0.00.
Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter.
Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.
Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities.
We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward.
AFSCME Council 5 Membership Department
Enclosures
Count
and
Municipal
Emplo ees American
Federation
44.4a itypia/14 4141
211 West 2nd Street
Duluth, MN 55802 (218) 722-0577
fax (218) 722-6802
Minnesota ;RAW 5
300 Hardman Avenue S.
South St Paul, MN 55075 (651) 450-4990
(651) 455-1311 fax
www.afsanemmorg
March 15, 2013
Local 3558-HDCDU Georgene Tisdell 56 E 2nd St Superior, WI 54880-3021
ATTN: Hdc Employee
RE: Termination letter for non-payment of Member Dues/Agency Fee Payer Fees
A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union.
Currently you are in arrears for one (1) month's fees in the amount of $0.00.
Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter.
Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.
Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities.
We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward.
AFSCME Council 5 Membership Department
Enclosures
and Courity American Municipal Employees Federation
Minneso Council 5
AFSCME 300 Hardman Avenue S.
South St Paul, MN 55075 (651) 450-4990
(651) 455-1311 fax
4,4441 4/04Ze fr14.444014 &dam
www.afscrnemmorg
211 West 2nd Street
Duluth, MN 55802
(218) 722-0577
fax (218) 722-6802
March 15, 2013
Local 3558-HDCDU Taushia Brooks 525 Kenwood Ave #325 Duluth, MN 55811-2157
ATTN: Hdc Employee
RE: Termination letter for non-payment of Member Dues/Agency Fee Payer Fees
A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union.
Currently you are in arrears for one (1) month's fees in the amount of $0 00.
Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter.
Please make immediate arrangements to pay your member dues or agency fee payer fees You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4.30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.
Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities.
We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward.
AFSCME Council 5 Membership Department
Enclosures
American Municipal Employees
21 I West 2nd Street
Duluth, MN 55802 (218) 722-0577
fax (218) 722-6802
Federation
300 Hardman Avenue S.
South St Paul, MN 55075 (65 I) 450-4990 (651)455.1311 fax
County 03 eMeGo
AFSCINE
and
www.afscmemmorg r ,Argoir* Ears—',Parri.
March 15, 2013
Local 3558-HDCDU Annika Jo Brown 4106 E 3rd St Superior, WI 54880-4219
ATTN: Hdc Employee
RE: Termination letter for non-payment of Member Dues/Agency Fee Payer Fees
A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union.
Currently you are in arrears for one (1) month's fees in the amount of $0.00.
Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter.
Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8.00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.
Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers, If you choose to be an agency fee payer, you will miss those opportunities.
We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward.
AFSCME Council 5 Membership Department
Enclosures
www.afscmemn.org
oCECE0a,
Municipal
Employees American
Federation County
and
211 West 2nd Street
Duluth, MN 55802 (218) 722-0577
fax (218) 722-6802
3001-lardman Avenue S. South St. Paul, MN 55075 (651) 950-4990
(651) 455-1311 fax
March 15, 2013
Local 3558-HDCDU Brackin Miggins 7926 Salo Rd Saginaw, MN 55779-8045
ATTN: Hdc Employee
RE. Termination letter for non-payment of Member Dues/Agency Fee Payer Fees
A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union.
Currently you are in arrears for one (1) month's fees in the amount of $0.00.
Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter.
Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.
Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers If you choose to be an agency fee payer, you will miss those opportunities.
We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward.
AFSCME Council 5 Membership Department
Enclosures
co and County American Municipal Employees Federation 4241 4tio14€44 4,44e4444
www.afsanemn.org
211 West 2nd Street
Duluth, MN 55802 (218) 722-0577
Fax (218) 722-6802
300 Hardman Avenue S.
South St Paul, MN 55075 (651) 150-4990 (651) 455-1311 fax
101/0110" Co Lig
March 15, 2013
Local 3558-HDCDU Matthew Zemler 2205 W 10th St Duluth, MN 55806-1234
ATTN: Hdc Employee
RE: Termination letter for non-payment of Member Dues/Agency Fee Payer Fees
A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union.
Currently you are in arrears for one (1) month's fees in the amount of $0.00.
Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter.
Please make immediate arrangements to pay your member dues or agency fee payer fees, You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.
Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities.
We regret taking this action and sincerely hope there will be no interruption in your employment If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward.
AFSCME Council 5 Membership Department
Enclosures
www.afscmemneor
American Federation toCIE120130 wei}rJ191,
Municipal Employees County
and
300 Hardman Avenue S. South St. Paul, MN 55075
(651) 450-4990
(651) 55-1311 fax
21 I West. 2nd Street
Duluth, MN 55802
(218) 722-0577
fax (218) 722-6802
March 15, 2013
Local 3558-HDCDU Mandy Johnson 674 Ableiter Rd Wrenshall, MN 55797-9108
ATTN: lido Employee
RE: Termination letter for non-payment of Member Dues/Agency Fee Payer Fees
A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union.
Currently you are in arrears for one (1) month's fees in the amount of $0.00.
Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter.
Please make immediate arrangements to pay your member dues or agency fee payer fees You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.
Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities.
We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward.
AFSCME Council 5 Membership Department
Enclosures
American Federation ca 23032t) County Employees and
Municipal
14444444
04144144
300 Hardman Avenue S.
South St Paul, MN 55075 (651) 450-4990
(651) 455-1311 lax
Minnesota 211 West 2nd Street
au"Tail Duluth, MN 55802
(218) 722-0577 fax (218) 722-6802
www.afscrnemmorg
April 16, 2013
Local 3558-HDCDU Nancianne Witt 12405 E County Road B Lake Nebagamon, WI 54849
ATTN Hdc Employee
RE: Termination letter for non-payment of Member Dues/Agency Fee Payer Fees
A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union.
Currently you are in arrears for one (1) month's fees in the amount of $0.00.
Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter.
Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment
Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities.
We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward.
AFSCME Council 5 Membership Department
Enclosures
innesota CouncuS
211 West 2nd Street Duluth, MN 55802
(218) 722-0577
fax (218) 722-6802
300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-4990
(651) 455-1311 fax
Federation County Municipal Employees and
www.afsariemn.ors
May 16, 2013
Local 3558-HDCDU Eric Carlson 1817 E 3rd St Ste 2 Duluth, MN 55812-1776
ATTN: Hdc Employee
RE: Termination letter for non-payment of Member Dues/Agency Fee Payer Fees
A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union.
Currently you are in arrears for one (1) month's fees in the amount of $0.00.
Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter.
Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.
Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities.
We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward.
AFSCME Council 5 Membership Department
Enclosures
and County 00020300 American Municipal Employees Federation
300 Hardman Avenue S.
South St Paul, MN 55075
(651) 450-4990 (651) 455-1311 fax
www.afscmemn.org
211 West 2nd Street
Duluth, MN 55802 (218) 722-0577
fax (2 I 8) 722-6802
July 08, 2013
Local 3558-HDCDU Heather Beam 4351 W Tischer Rd Duluth, MN 55803-9404
ATTN: Hdc Employee
RE: Termination letter for non-payment of Member Dues/Agency Fee Payer Fees
A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union.
Currently you are in arrears for one (1) month's fees in the amount of $0.00.
Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter.
Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.
Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities.
We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward.
AFSCME Council 5 Membership Department
Enclosures
MEW° County
and
Municipal
Employees American
Federation
c`033c,t4ews
300 South
Hardman Avenue S. lelinneso
St Paul, MN 55075 C
211 West 2nd Street Duluth, MN 55802
(651) 450-4990 (218) 722-0577
(651) 455-1311 fax fax (218) 722-6802
www.afscmemmerg
March 15, 2013
Local 3558-HDCDU Lena Peterson 5602 Loop 36 Aurora, MN 55705-8300
ATTN: Hdc Employee
RE: Termination letter for non-payment of Member Dues/Agency Fee Payer Fees
A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union,
Currently you are in arrears for one (1) month's fees in the amount of $0.00.
Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter.
Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due, You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.
Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities.
We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward.
AFSCME Council 5 Membership Department
Enclosures
EXHIBIT 10
Minnesota Council s
American
Federation CO Wea.2i)
Municipal
County
and
Employees
t4:444.444 1104a
211 West 2nd Street Duluth, MN 55802
(218) 722-0577 fax (2 1 8) 722-6802
300 Hardman Avenue S South St Paul, MN 55075 (651)1150-4990 (651) 455-1311 fax
www.afscmemn.org
March 15, 2013
HOC Attn: Didi Jezierski 1401 EAST FIRST STREET DULUTH, MN 55805
RE: UNION SECURITY COMPLIANCE
Dear Didi:
Our records show that the employees on the attached list have not complied with the Contract Agreement between HOC and AFSCME. Consequently and regretfully it is necessary for us to request that HDC terminate the employee(s) for failure to comply with this portion of the Contract Agreement.
Prior to this letter, the employee received a card and information letter with their orientation packet as sent by AFSCME to the employees regarding this contractual responsibility. To date, the employee(s) has failed to comply. The employee(s) noted have now been notified of their pending termination. This notice is to serve of the advance notice of termination as described in the collective bargaining agreement. Should the employee(s) fail to comply with said notice you will be sent a final confirming letter to terminate the employee(s) immediately upon receipt.
If you have questions, please contact Kristi Hendel in our membership department via email at [email protected] or by calling 651-287-0503.
Sincerely,
Eliot Seide Executive Director AFSCME Council 5, AFL-CIO
ES/membership
DIANE FIRKUS
Local Field Representative File (electronic)
Cii
7-DULUTH
Fr. . Last Namet,, First Narrie, erile?YieName
iPOTENTIAL 'POTENTIAL
-1A:515!.r,§ss..k!r 2 BROOKS ITAljSHIA 11917 LONDON RD
BROWN IANNIKA JO SUPERIOR
. . !Cä Sign Oka. mployee,No .JOb Status Date ,ILOc.al,Code
,V,ZE.Si.P0,..." • 9/10/2012 1:3558
110/3/2012 ;3558 2/20/2013 POTENTIAL I 3558 WRENSHALL 1
SUPERIOR
SAGINAW
_i_AURORA
SUPERIOR
1CLOQUET
-1DULUTH
14106 E 3RD ST
1674 ABLEITER RD 1117 GRAND AVE
JOHNSON ;MANDY MAGNUSON 157V,TVN
7926 SALO RD MIGGINS 71-13R-A-CKIN
PETERSON 1LENA
TISDELL IGEORGENE
15602 LOOP 36
156 E 2ND ST
1'1001 30TH ST
t 10/3/2012 3558 .
IPOTENTIAL t _ o
11/25/2013-1
PoTENTIAL I --- — --i10/3/2012 —133555588 — - I- POTENTIAL 1
19/10/2012 ...._,_ 13558 I I IPOTENTIAL --ii_
19/10/2012 13558 tPOIENTIAL
11/25/2013 _ _j3558 , f POTENTIAL — 2205 T W 10TH S
YoUTIG 1RICHARD
ZEMLER 'MATTHEW
532Wb County American Municipal Employees Federation. veLZ.a.. 41,401 44/.044€44 1440444,4
300 Hardman Avenue S. South St Paul, MN 55075
AFSCHE 211 West 2nd Street
Duluth, MN 55802 Minnesota Council '5
(651) 450-4990 (218) 722-0577 (651) 455-1311 fax fax (218) 722-6802
wyfyi.afscmerrin,prg,
April 16, 2013
HDC Attn: Didi Jezierski 1401 EAST FIRST STREET DULUTH, MN 55805
RE: UNION SECURITY COMPLIANCE
Dear Didi:
Our records show that the employees on the attached list have not complied with the Contract Agreement between HDC and AFSCME. Consequently and regretfully it is necessary for us to request that HDC terminate the employee(s) for failure to comply with this portion of the Contract Agreement.
Prior to this letter, the employee received a card and information letter with their orientation packet as sent by AFSCME to the employees regarding this contractual responsibility. To date, the employee(s) has failed to comply. The employee(s) noted have now been notified of their pending termination. This notice is to serve of the advance notice of termination as described in the collective bargaining agreement, Should the employee(s) fail to comply with said notice you will be sent a final confirming letter to terminate the employee(s) immediately upon receipt.
If you have questions, please contact Kristi Hendel in our membership department via email at [email protected] or by calling 651-287-0503.
Sincerely,
Eliot Seide Executive Director AFSCME Council 5, AFL-CIO
ES/membership
DIANE FIRKUS
Local Field Representative File (electronic)
, ... ,
Employee No • Firit -N*fie., . - Last -IVrtle. - .. - •A:cicires§.1-in'el„ - ' -,-Oty ,, -, , , .':-,. -- - State Abbr, . _ Zip _ctige - '''Aflembet.Tipe-t.slpine 1 Lii-01 Co* . Employer Nri•i, ae ..... • ..- ..- - - , - .'N-AkIA-1.1Nig -"V1ilft - . 12406 E -oititjr4-r'r .iiifiii.Akil -b.AdAiCiibt4 WI---- - --4849.— ' POTENTIAL ' .— ' - .. a .. - -.' '-HD
--
4441404 1-1;44,44,444
and Municipal
300 Hardman Avenue S. South St Paul, MN 55075 (651)21504990 (651) 455-1311 fax
211 West 2nd Street Duluth, MN 55802
(218) 722-0577 fax (218) 722-6802
American Federation Ets32t) County Employees
May 16, 2013
HDC Attn: Didi Jezierski 1401 EAST FIRST STREET DULUTH, MN 55805
RE: UNION SECURITY COMPLIANCE
Dear Didi:
Our records show that the employees on the attached list have not complied with the Contract Agreement between HDC and AFSCME. Consequently and regretfully it is necessary for us to request that HDC terminate the employee(s) for failure to comply with this portion of the Contract Agreement.
Prior to this letter, the employee received a card and information letter with their orientation packet as sent by AFSCME to the employees regarding this contractual responsibility. To date, the employee(s) has failed to comply. The employee(s) noted have now been notified of their pending termination. This notice is to serve of the advance notice of termination as described in the collective bargaining agreement. Should the employee(s) fail to comply with said notice you will be sent a final confirming letter to terminate the employee(s) immediately upon receipt.
If you have questions, please contact Kristi Hendel in our membership department via email at [email protected] or by calling 651-287-0503.
Sincerely,
Eliot Seide Executive Director AFSCME Council 5, AFL-CIO
ES/membership
DIANE FIRKUS
Local Field Representative File (electronic)
. ,. . Employee NiTitiNanTe:;,Last kaole.' :Address Line-1, . , —, City ' . State ,,Zip Cade , .; Card Sign Date ,. Membertype Nai Local Cade " .: Employer Wine
__ ERIC di4RLsoN 1817- POTENTIAL
3558 E 3RD ST STE 2 DULUTH MN 55812-1776 HDC
. _ .. -.
and County American Municipal Employees Federation 41/41 410;.ce 4,14441 F14.444.41.4
300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-4990 (651) 155-1311 fax
www.afsmtemmor
2 I I West 2nd Street Duluth, MN 55802
(2 I 8) 722-0577 fax (218) 722-6802
July 08, 2013
HDC Attn: Didi Jezierski 1401 EAST FIRST STREET DULUTH, MN 55805
RE: UNION SECURITY COMPLIANCE
Dear Didi:
Our records show that the employees on the attached list have not complied with the Contract Agreement between HDC and AFSCME. Consequently and regretfully it is necessary for us to request that HDC terminate the employee(s) for failure to comply with this portion of the Contract Agreement.
Prior to this letter, the employee received a card and information letter with their orientation packet as sent by AFSCME to the employees regarding this contractual responsibility. To date, the employee(s) has failed to comply. The employee(s) noted have now been notified of their pending termination. This notice is to serve of the advance notice of termination as described in the collective bargaining agreement. Should the employee(s) fail to comply with said notice you will be sent a final confirming letter to terminate the employee(s) immediately upon receipt.
If you have questions, please contact Mary Miller in our membership department via email at [email protected] or by calling 651-287-0500.
Sincerely,
Eliot Seide Executive Director AFSCME Council 5, AFL-CIO
ES/membership
DIANE F1RKUS File (electronic)
Local Field Representative
First Name :Last Name -Address Line t - 'City State Abbr. Hire Date— :Job Status Nam Local Code Member Type Name
HEATHER BEAM 4351 W TISCHER RD DULUTH MN 4/8/2013 ACTIVE • 3558 POTENTIAL _
EXHIBIT 11
AFSCME Minnesota C=1 5
American Federation agE320320
Coun
Municipal
Employees
44041
300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-9990 (651)955-1311 fax
aaa 14444444,4
211 West 2nd Street Duluth, MN 55802
(218) 722-0577 fax (218) 722-6802
v_IyAw.a4;
April 16, 2013
HDC Attn: Didi Jezierski 1401 EAST FIRST STREET DULUTH, MN 55805
RE: UNION SECURITY COMPLIANCE
Dear Didi:
Our records show that the employees on the attached list have not complied with the Union Security Clause in the Collective Bargaining Agreement between HDC and AFSCME. Consequently and regretfully it is necessary for us to request that HDC immediately terminate the employee(s) for failure to comply with this portion of the Contract Agreement.
Please notify us of your action.
If you have questions, please contact our membership department at 651-450-4990.
Sincerely,
Eliot Seide Executive Director AFSCME Council 5, AFL-C10
ES/membership
DIANE FIRKUS
Local Field Representative File (electronic)
Employee No. First Name Last Name Address Line 1 City State Abbr. Zip Code Card Sign Date Member Type Name Local (Employer Name
TAUSHIA BROOKS 1917 LONDON RD DULUTH MN 55812-2039 POTENTIAL 3558 HOC
LENA PETERSON 5602 LOOP 36 AURORA MN 55705-8300 POTENTIAL 3558 HOC ,