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S T R O N G E R T O G E T H E R Local 2001 CSEA NEWS The Voice of Connecticut’s Public Service Employees & Retirees VOL. 46, NO. 7 CSEA SEIU Local 2001 July, 2013 Postmaster: Please forward address changes to: CSEA, 760 CAPITOL AVE., HARTFORD, CT 06106 Visit Our Union’s Website at www.CSEA-CT.com Attorney General George Jepson To Appeal Decision On Governor Rowland’s Illegal Firings Connecticut Attorney General George Jepsen has decided to appeal last month’s federal court of appeals ruling that former Governor John Rowland’s lay off of nearly 3000 state employees in 2002 was illegal and a violation of our first amendment right to freedom of association. The decision was a victory for the free speech rights of all Americans. George Jepsen’s misguided decision is yet another attack on union members and our rights. The Second Circuit Court made the correct ruling and George Jepsen should not be aiding and abetting the illegal and unconstitutional actions of former Gov. Rowland. Back in 2002, SEBAC was negotiating with the State of Connecticut and then Governor John Rowland. Facing a deficit, the Rowland administration sought $450 million in long-term concessions from state employees, and threatened that unless SEBAC agreed to his demands, approximately 3000 union members would lose their jobs. Although all state employees receive the same health care and pension benefits, the administration intentionally directed their demands for health care and pension concessions, solely to unionized state employees. When SEBAC didn’t agree to their demands, Rowland followed through with his threat and ordered the laying off of 2800 union members, and only union members. While the terminated employees were told that they were being laid off due to economic necessity caused by the state’s 2003 deficit, the court found that the firings in fact had a minimal effect on the state’s expenses and did not correlate to the concession demands.The court found that the Rowland administration failed to show why the State’s fiscal health required terminating only union members, rather than implementing membership-neutral layoffs, and stated in its decision that for a state to terminate union members, and union members alone, in the hope of ultimately achieving economic concessions is little different from refusing to hire union members in the first place. “Conditioning public employment on union membership, no less than on political association, inhibits protected association and interferes with government employees’ freedom to associate.” Please take a couple of moments and call Attorney General Jepsen and tell him to accept the Second Circuit Court’s ruling and to not file an appeal with the Supreme Court; as of this writing, Mr. Jepsen has not formally filed his appeal, let’s keep it that way. Call Attorney General George Jepsen at 860.808.5318. Urge him to accept the court’s ruling, not file an appeal with the Supreme Court, and to stand with union members and for our Constitutional rights. Federal Sequestration Leads Norwalk Housing Authority Staff to Make Difficult Choices At the June Norwalk Housing Authority Board of Commissioner’s meeting, the Housing Authority staff packed the room and presented a resolution asking the Board to direct its Executive Director to pursue furlough days as the preferred method of closing a $700,000 budget deficit that was caused by the federal budget cuts commonly known as sequestration. Back in March, mandatory across-the-board budget cuts, commonly referred to as “sequestration” began to take effect. The sequestration cuts are set to total $1.2 trillion nationwide over ten years. As a result, Connecticut may see a total reduction of $52.6 million in federal funding for nondefense programs in fiscal year 2013, with more cuts down the road unless a deal can be reached. As a result of these cuts, the Norwalk Housing Authority saw their Federal funding cut by $700,000. Currently there are two competing proposals that address the funding shortfall in very different ways. A proposal by the Housing Authority’s Executive Director calls for layoffs of nearly 25% of staff, 10 furlough days and the restructuring and reduction of health care and pension benefits. While the Housing Authority staff’s contract runs until March of 2014, members have indicated they are open to forgoing a 3% raise in that contract if it means saving jobs. CSEA’s proposal closes the $700,000 shortfall through furlough days and would require no layoffs. Active State Employees: The Deadline To Retain The Old “Normal Retirement Date” Has Been Extended To September 1 st . All active state employees who will not have already attained their Normal Retirement Date by July 1, 2022 are required to complete the “Option to Retain Grandfathered Normal Retirement Date for the State Employees Retirement System” form (CO-1094) in order to opt in or waive the opportunity to retain the old “Normal Retirement Date”. Forms were supposed to have been submitted by July 1, 2013, that deadline has been extended to September 1, 2013. Beginning July 1, 2022 “Normal Retirement Date” will be raised to age 63 with 25 years of service or age 65 with 10 years of service. It is being raised for anyone actively employed on or after July 1, 2022, that had not previously attained their Normal Retirement Date. For those active state employees who are non-hazardous duty participants in the SERS Tier II, Tier IIA or the Hybrid Retirement Plan who were employed prior to July 1, 2011 and are still actively employed, you have a one-time irrevocable option to retain the old retirement date of age 60 with 25 years of service or age 62 with 10 years of service. Choosing this option will require an additional contribution on a continual basis until you either leave state service or you reach the new retirement age. For those choosing the option under the extended deadline, the contribution will be retroactive to July 1, 2013. You can obtain the form at your Human Resources office or by visiting the State Comptroller’s website at http://www.osc.ct.gov/ and clicking on the red hotlink button. The forms should be completed and signed prior to July 1, 2013 but no later than September 1, 2013 and returned to your Human Resources Office. Once you submit your paperwork for this election it cannot be revoked for any reason. Questions & Answers on The Rowland-Ryan Law Suit on Page 5 Continued on Page 4

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Page 1: SEIU Local 2001 | Stronger Together - S T R O N GER Violation of …seiu2001.org/files/2013/03/July-2013-CSEA-News1.pdf · 2013-07-31 · 2011. First, Governor Malloy did bargain

STRONGER

T O G E T H E RLocal 2001

CSEA NEWSThe Voice of Connecticut’s Public Service Employees & Retirees

VOL. 46, NO. 7CSEA SEIU Local 2001July, 2013

Postmaster: Please forward address changes to:

CSEA, 760 CAPITOL AVE., HARTFORD, CT 06106

Visit Our Union’s Website at www.CSEA-CT.com

2003 Firings Ruled Illegal!Violation of Our First Amendment Right to Freedom of Association.

Attorney General George Jepson To Appeal Decision On Governor Rowland’s Illegal FiringsConnecticut Attorney General George Jepsen has decided to appeal last month’s federal court of appeals ruling that former Governor John Rowland’s lay off of nearly 3000 state employees in 2002 was illegal and a violation of our first amendment right to freedom of association. The decision was a victory for the free speech rights of all Americans. George Jepsen’s misguided decision is yet another attack on union members and our rights. The Second Circuit Court made the correct ruling and George Jepsen should not be aiding and abetting the illegal and unconstitutional actions of former Gov. Rowland.

Back in 2002, SEBAC was negotiating with the State of Connecticut and then Governor John Rowland. Facing a deficit, the Rowland administration sought $450 million in long-term concessions from state employees, and threatened that unless SEBAC agreed to his demands, approximately 3000 union members would lose their jobs. Although all state employees receive the same health care and pension benefits, the administration intentionally directed their demands for health care and pension concessions, solely to unionized state employees. When SEBAC didn’t agree to their demands, Rowland followed through with his threat and ordered the laying off of 2800 union members, and only union members. While the terminated employees were told that they were being laid off due to economic necessity caused by the state’s 2003 deficit, the court found that the firings in fact had a minimal effect on the state’s expenses and did not correlate to the concession demands. The court found that the Rowland administration failed to show why the State’s fiscal health required terminating only union members, rather than implementing membership-neutral layoffs, and stated in its decision that for a state to terminate union members, and union members alone, in the hope of ultimately achieving economic concessions is little different from refusing to hire union members in the first place. “Conditioning public employment on union membership, no less than on political association, inhibits protected association and interferes with government employees’ freedom to associate.”

Please take a couple of moments and call Attorney General Jepsen and tell him to accept the Second Circuit Court’s ruling and to not file an appeal with the Supreme Court; as of this writing, Mr. Jepsen has not formally filed his appeal, let’s keep it that way.

Call Attorney General George Jepsen at 860.808.5318.Urge him to accept the court’s ruling, not file an appeal with the Supreme Court, and to stand with union members and for our Constitutional rights.

Federal Sequestration Leads Norwalk Housing Authority Staff to Make Difficult ChoicesAt the June Norwalk Housing Authority Board of Commissioner’s meeting, the Housing Authority staff packed the room and presented a resolution asking the Board to direct its Executive Director to pursue furlough days as the preferred method of closing a $700,000 budget deficit that was caused by the federal budget cuts commonly known as sequestration.

Back in March, mandatory across-the-board budget cuts, commonly referred to as “sequestration” began to take effect. The sequestration cuts are set to total $1.2 trillion nationwide over ten years. As a result, Connecticut may see a total reduction of $52.6 million in federal funding for nondefense programs in fiscal year 2013, with more cuts down the road unless a deal can be reached. As a result of these cuts, the Norwalk Housing Authority saw their Federal funding cut by $700,000.

Currently there are two competing proposals that address the funding shortfall in very different ways. A proposal by the Housing Authority’s Executive Director calls for layoffs of nearly 25% of staff, 10 furlough days and the restructuring and reduction of health care and pension benefits. While the Housing Authority staff’s contract runs until March of 2014, members have indicated they are open to forgoing a 3% raise in that contract if it means saving jobs. CSEA’s proposal closes the $700,000 shortfall through furlough days and would require no layoffs.

Active State Employees:The Deadline To Retain The Old “Normal Retirement Date” Has Been Extended To September 1st.

All active state employees who will not have already attained their Normal Retirement Date by July 1, 2022 are required to complete the “Option to Retain Grandfathered Normal Retirement Date for the State Employees Retirement System” form (CO-1094) in order to opt in or waive the opportunity to retain the old “Normal Retirement Date”. Forms were supposed to have been submitted by July 1, 2013, that deadline has been extended to September 1, 2013.

Beginning July 1, 2022 “Normal Retirement Date” will be raised to age 63 with 25 years of service or age 65 with 10 years of service. It is being raised for anyone actively employed on or after July 1, 2022, that had not previously attained their Normal Retirement Date.

For those active state employees who are non-hazardous duty participants in the SERS Tier II, Tier IIA or the Hybrid Retirement Plan who were employed prior to July 1, 2011 and are still actively employed, you have a one-time irrevocable option to retain the old retirement date of age 60 with 25 years of service or age 62 with 10 years of service. Choosing this option will require an additional contribution on a continual basis until you either leave state service or you reach the new retirement age. For those choosing the option under the extended deadline, the contribution will be retroactive to July 1, 2013.

You can obtain the form at your Human Resources office or by visiting the State Comptroller’s website at http://www.osc.ct.gov/ and clicking on the red hotlink button.

The forms should be completed and signed prior to July 1, 2013 but no later than September 1, 2013 and returned to your Human Resources Office.  Once you submit your paperwork for this election it cannot be revoked for any reason.

Questions & Answers on The Rowland-Ryan Law Suit on Page 5

Continued on Page 4

Page 2: SEIU Local 2001 | Stronger Together - S T R O N GER Violation of …seiu2001.org/files/2013/03/July-2013-CSEA-News1.pdf · 2013-07-31 · 2011. First, Governor Malloy did bargain

Page 2July, 2013 CSEA NEWS

Reading Is Fundamental is the largest literacy program in the United States. We could only hope that Attorney General, George Jepsen and the Hartford Courant would take advantage of the ideals to which this program aspires, to heart, when it came to reading the 2nd Circuit Court’s decision on

former Governor Rowland’s decision to layoff state employees. The Appeal Court found that former Governor Rowland and former OPM Secretary Marc Ryan violated our members’ First Amendment Rights of association.

Attorney General Jepsen stated in his brief press release, “After careful consideration, I have decided to seek review of the Second Circuit’s decision by the U.S. Supreme Court in light of the potentially significant fiscal consequences for Connecticut taxpayers.” I did not know that our First Amendment rights were subject to a cost benefit analysis. Is the First Amendment worth more than say, the Second Amendment or the Fifth Amendment?

It is somewhat coincidental that after receiving kudos from former Governor Rowland on his afternoon radio talk show for standing up to Governor Malloy on an electrical supply auction legislation, that Attorney General Jepsen decides to pursue an appeal that could have a personal financial impact on former Governor Rowland. For those that have read the decision, they would

know that part of the lawsuit could hold former Governor Rowland and former Secretary Ryan personally responsible for damages if awarded in the case.

It will be interesting to find out if the Attorney General’s request for an appeal is denied, will the Attorney General indemnify the former Governor and former Secretary of OPM. By indemnifying both men, the State will pick up their legal costs of the litigation and any damages that may be awarded by the courts.

So, Mr. Attorney General, after giving away the first amendment rights of public employees to association, are there any other parts of the Bill of Rights or Constitution you plan to give away during your term? It is ironic that the U.S. Supreme Court has found that private corporations are “persons” under our Bill of Rights and are entitled to First Amendment Rights of Free Speech resulting in unlimited expenditures in political campaigns by exercising those first amendment rights, and now less than three years after the Citizens United Case, our own Attorney General from the Constitution State is asking that same court to strip our members of their First Amendment Rights of association. Shameful.

The Hartford Courant has weighed in on this issue in an editorial on June 15th stating, “State Attorney General Jepsen is right to appeal this ruling to the U. S. Supreme Court, …” In part, the Courant wrote, “Layoffs, however, may be the only way governors can pressure unions into changing pension, health care and other benefits set by contract.”

Again, reading is fundamental. The decision stated that former Governor Rowland could have laid off state employees, but could not just target unionized state employees. Remember, the governor only targeted unionized state employees whose union endorsed his opponent in the 2002 election. If former Governor Rowland had done across-the-board layoffs including managers and other non-unionized state employees, the 2nd Circuit Court may have ruled differently in the case.

The Courant justifies the Rowland Administration’s action by stating, “Democratic Gov. Dannel P. Malloy used layoff notices to get concessions from public unions in 2011.” I guess the Hartford Courant does not even read its own reporting on the events in 2011. First, Governor Malloy did bargain with State employees and only after the first agreement was not ratified did he issue layoff notices, and now here is the important part, the layoffs included non-unionized employees. In fact, under Governor Malloy, managers have been laid off.

Imagine if a Governor tried to restrict the First Amendment Right of a Free Press and the Attorney General defended that action. I expect that the Hartford Courant would have written a less favorable editorial on the Attorney General’s decision in that situation.

Reading and our First Amendment Rights are both fundamental.

EDITORIAL

Reading is Fundamental By CSEA Executive Director Robert Rinker

Wednesday, August 28th, 2013

Wednesday, August 28th, 2013

$43.00

Page 3: SEIU Local 2001 | Stronger Together - S T R O N GER Violation of …seiu2001.org/files/2013/03/July-2013-CSEA-News1.pdf · 2013-07-31 · 2011. First, Governor Malloy did bargain

Page 3July, 2013 CSEA NEWS

USPS # 224-100 ISSN # 0273-6055Published Monthly by

CONNECTICUT STATE EMPLOYEES ASSOCIATIONLocal 2001, Service Employees International Union, CTW, CLC

Patrice Peterson.......................................................................... PresidentStephen Anderson.................................................... Secretary/TreasurerRobert D. Rinker........................................................ Executive DirectorBenjamin Phillips.......................................... Communications DirectorJason P. Webster...................................... Graphic/ Technical Assistance

INSERTION DEADLINE: 1st of prior month.

MAILING ADDRESS: CSEA/SEIU Local 2001, 760 Capitol Avenue, Hartford, CT 06106; PHONES: (860) 951-6614, toll-free in Connecticut: (800) 894-9479, toll-free in Florida: (800) 437-5630; FAX: (860) 951-3526; INTERNET: www.csea-ct.com.

“CSEA NEWS” (USPS 224-100, ISSN 0273-6055) is published monthly for $2.80 per year members, $5.00 per year non-members, by CSEA/SEIU Local 2001, 760 Capitol Ave., Hartford, CT 06106-1263. Periodicals postage paid at Hartford, CT. Postmaster: Send address changes to “CSEA NEWS,” 760 Capitol Ave., Hartford, CT 06106-1263.

CSEA NEWSThe Voice of Connecticut’s Public Service Employees & Retirees

STRONGER

T O G E T H E RLocal 2001

PRINTED ON RECYCLED PAPERVisit Our Web Site: www.CSECreditUnion.com

Annual Dividend Rate Percentage Yield

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Minimum opening balance $25.00. The annual percentage yield is accurate as of the last dividend declaration date. Rate may change after the account is opened. Fees or other conditions may reduce the earnings on the account.

Visit Our Web Site

www.CSECreditUnion.com

Find all the essential information about the products and services we have to offer. You can even print a loan application online! Best of all, it’s accessible from your personal computer 24 hours a day, 7 days a week.

Dividend Rates - Second Quarter 2013

7 Full Service Offices To Serve YouNORWICH

Uncas on Thames401 West Thames St.Norwich, CT 06306

(860) 889-7378

MIDDLETOWNP.O. Box 2485

Middletown, CT 06457 (860) 347-0479

HARTFORD84 Wadsworth St.

Hartford, CT 06106 (860) 522-5388 (Savings) (860) 522-7147 (Loans)

STORRS1244 Storrs Rd.

Storrs, CT 06268 (860) 429-9306

SOUTHBURYSouthbury Training School

P.O. Box 644 Southbury, CT 06488

(203) 267-7610

NEW HAVEN1666 Litchfield TurnpikeWoodbridge, CT 06525

(203) 397-2949

NEWINGTON O’Neil Plaza

2434 Berlin Turnpike Newington, CT 06111

(860) 667-7668

Hours: Main Office: Mon-Fri, 9am-4pm Branches: Mon-Fri, 9:30am-4pm

Drive-Up Teller (Hartford Only): Mon-Fri, 9am-4pm; Paydays Open Until 5pm

Independence Day Thursday, July 4, 2013

At the time of publication, CSEA had not yet received the complete list from the

Comptroller’s office. This section will return in full next month.

Deaths Reported

Community Urges Plainfield School District To Negotiate A ‘Reasonable’ Contract With School Bus DriversAt the June Plainfield Board of Education (BOE) meeting, bus drivers accompanied by members of the community delivered a jumbo sized petition to the Board stating their opposition to outsourcing the Plainfield School District’s transportation services. The petition, signed by over 350 members of the community, stated that residents believe it is irresponsible for the BOE to hand over the safety of the town’s children or send scarce education resources to private, for-profit companies.

Monique Rouillard, a parent of a Plainfield student addressed the Board saying, ”These drivers are the first faces our kids see in the morning and at the end of the day before going home. I think it’s important that we keep these positions for these drivers who are residents of this town, so that as a community we can continue to take care of our own.”

Bus drivers spoke about their passion for the work they do transporting children safely to school and about the proposals made by the School District in contract negotiations, which have reached an impasse. The District’s proposals include a 15% pay cut and the privatization & outsourcing of the District’s transportation services.

“This was the first time I heard the proposals, drivers are being asked to take a 15% pay cut when everyone else in the District has gotten a raise or taken a freeze over the last 3 years.” said Board member Ron Benoit, who does not serve on the negotiation committee. “Taking a pay cut in this economy… it shouldn’t be done, it shouldn’t even be asked.”

“We just want the Board to negotiate a reasonable contract. We can’t have a pay reduction or the outsourcing of our jobs. Be fair with us.” said driver and chapter president Ruby Lombardy.

Again, reading is fundamental. The decision stated that former Governor Rowland could have laid off state employees, but could not just target unionized state employees. Remember, the governor only targeted unionized state employees whose union endorsed his opponent in the 2002 election. If former Governor Rowland had done across-the-board layoffs including managers and other non-unionized state employees, the 2nd Circuit Court may have ruled differently in the case.

The Courant justifies the Rowland Administration’s action by stating, “Democratic Gov. Dannel P. Malloy used layoff notices to get concessions from public unions in 2011.” I guess the Hartford Courant does not even read its own reporting on the events in 2011. First, Governor Malloy did bargain with State employees and only after the first agreement was not ratified did he issue layoff notices, and now here is the important part, the layoffs included non-unionized employees. In fact, under Governor Malloy, managers have been laid off.

Imagine if a Governor tried to restrict the First Amendment Right of a Free Press and the Attorney General defended that action. I expect that the Hartford Courant would have written a less favorable editorial on the Attorney General’s decision in that situation.

Reading and our First Amendment Rights are both fundamental.

Page 4: SEIU Local 2001 | Stronger Together - S T R O N GER Violation of …seiu2001.org/files/2013/03/July-2013-CSEA-News1.pdf · 2013-07-31 · 2011. First, Governor Malloy did bargain

Page 4July, 2013 CSEA NEWS

Happening Around Our Union

Tenants of the Norwalk Housing authority recognize that times are difficult and that sacrifices are needed. Addressing our proposal, Daisy Franklin, Vice President of the Public Housing Resident Network (PHRN) and a tenant of the Norwalk Housing Authority said, “With these cuts the upkeep of the buildings is not going to be the same, the application process is going to slow down and if you call someone, you may not hear back for several days. We are going to see a reduction in services either way, but they are trying to find a way to save money where nobody loses their job and if they have to take more time off to keep people employed, I’m fine with that.”

There is real concern over what lay-offs would do to the Housing Authority’s ability to manage its 18 properties. “To remain livable, maintenance has to be performed to prevent properties from falling into disrepair. We do the janitorial work, the maintenance and any needed repairs to the units and common areas. We try to keep the places clean and safe.” said Maintenance Supervisor Peter Agosto, a 33 year employee. “30 years ago we were over 50 strong on maintenance. Since then, we have acquired more properties and we’re down to 28 people. We’re already doing more with less; we can’t keep up if they lay off 6 people.”

Addressing the issues caused by sequestration in letter that will be read at the meeting, Congressman Jim Himes said. “Until sequestration is replaced with a more balanced plan, I ask that all parties involved work together to arrive at the best possible solution that both maintains quality service and respects the hard work of public employees.”

Norwalk Housing Authority (Continued From Page 1)

Maria Reyes and Teresa Perleche, members negotiating their first child care contract with the State, attended the Latino Caucus in Chicago this past month. Below are excerpts from Maria’s speech to the women’s assembly.

“[Child care] providers do a little of everything. We run our own small business, educate and care for children and a lot of times end up being social workers for the parents. In order to improve the future of the providers we have to meet the challenge of securing a contract. This can be achieved by fighting together and united. Now that we are part of the union and recognized as workers this is possible. My dear sisters why do we do so very little to take action for our own futures as women? Is it because we are afraid to take the risk? No matter how difficult the fight is we have a union and together we are strong.

This nation is full of workers, educators and nurses. We fight as a team with love, patience and dedication. We cannot forget the fight for immigration and health care [either.] Most people in this beautiful nation are immigrants. We are wives and mothers struggling to make a better life. We cannot be discouraged and we shouldn’t say NO to this important fight because we can win. It is important to value ourselves as women and workers. Like in baseball we have to hit a home run. That means not falling asleep at the bat. Sisters, Do it For You, for your community, for your neighbor, and in respect for social justice and the working class. We WILL achieve our goal and Si Se Puede!”

On June 17th, completed initial proposals for the contract negotiations were exchanged between the State and CSEA. There will be no rest for the bargaining team this summer! Seventeen child care providers have been guiding the process of proposal preparation and are eager to get down to the meat of the negotiations. The Child Care Team would like to thank the many members of other CSEA councils who signed cards and petitions to keep the child care subsidy program front-and-center with legislators and the Governor.

Child Care Update

On Thursday June 13th, the McCusker judges met at the union hall, to review the 133 applications for student financial aid.

Thankfully, CSEA members, Councils and Committees have stepped up to support this year’s class of scholarship recipients. And we still hope many more of us will contribute to supporting the education of McCusker scholarship winners.

The application period for 2013 McCusker Scholarships is now closed. But it’s not too late to give! Be sure to mail your check, payable to the “McCusker Memorial Scholarship Fund,” to

CSEA/SEIU Local 2001760 Capitol Ave Hartford, CT 06106 Attention Bernadette Conway

We look forward to the McCusker Awards Night on Thursday July 18th at 6:00pm. This will be the 52nd Anniversary McCusker Awards night. Join us and celebrate our commitment to working families as we provide scholarships to our members’ children and grandchildren for their higher education. Take this opportunity to come meet this year’s scholarship winners, who are also tomorrow’s leaders. Winners will be presented with a certificate and scholarship grant. Light meal and refreshments will be served following the ceremony. Contact Bernadette Conway: (800) 894-9479, ext. 120 or bconway @csea760.com

McCusker Scholarship Fund

CSEA Member Fred Diaz talks to television cameras about federal sequestration and its effects on the Norwalk Housing Authority

Plainfield Bus Drivers pose before delivering their anti-privatization petition to the Plainfield Board of Education

Page 5: SEIU Local 2001 | Stronger Together - S T R O N GER Violation of …seiu2001.org/files/2013/03/July-2013-CSEA-News1.pdf · 2013-07-31 · 2011. First, Governor Malloy did bargain

Page 5July, 2013 CSEA NEWS

Questions and Answers on the Second Circuit Decision in the Rowland-Ryan Lawsuit

1 | P a g e J u n e 1 9 , 2 0 1 3

On May 31, 2013, the Second Circuit granted summary judgment to a coalition of plaintiffs lead by SEBAC and its constituent unions in a case challenging former governor John Rowland’s 2003 lay off of nearly 3000 unionized state employees. The Court held that by singling out union members instead of including managers and other unrepresented employees, the Rowland Administration punished employees for exercising their fundamental right of free association, a right protected by the First Amendment to the United States Constitution. Effectively, the Court held that when a governor punishes people because of the group to which they belong - whether it's a union or a political party, or a religion - he or she violates our Constitution's most cherished provisions protecting free speech. Recently, Attorney General George Jepsen announced that he would seek to have the Second Circuit’s decision reviewed by the United States Supreme Court. The questions and answers below provide some additional information about the case.

Question Answer 1. What does it mean that Attorney General Jepsen has announced that he intends to ask the Supreme Court to review the decision?

To seek review, a petition for certiorari must be filed by August 29, 2013. If a petition for certiorari is filed, the Supreme Court normally decides whether to hear the case within 30-60 days (although if the petition is filed over the summer, the earliest it would be reviewed is the beginning of October). If the Supreme Court decides to hear the case, a briefing and argument schedule will be issued and the case would likely be decided by the end of June 2014. We are confident that the case was decided correctly so we believe it unlikely that the Supreme Court will agree to hear the case, and unlikely they would overrule it.

2. Who made this decision, Attorney General Jepsen, or the Governor?

The decision was made by the Attorney General who has the state constitutional and statutory responsibility to represent the State in these matters.

3. What does this decision mean to members that were laid off by Governor Rowland?

Once it is upheld, the decision directs the lower court to fashion appropriate equitable relief. That would typically involve reinstatement for laid off workers who are still laid off, and appropriate job adjustments for those who are working but in lower positions.

4. Are the damages just a make whole remedy, compensatory and/or punitive? Which leads to what is a make whole remedy, compensatory and punitive?

The grant of summary judgment is against the State in the federal court proceeding. No damages are available against the State in federal court. John Rowland and Marc Ryan are sued in their individual capacities, and damages are available against them in federal court if we prevail. In addition, there is a companion case pending in state court which does provide for damages against the state. Those damages would typically include lost pay, attorney’s fees, and in some cases punitive damages.

Questions and Answers on the Second Circuit Decision in the Rowland-Ryan Lawsuit

2 | P a g e J u n e 1 9 , 2 0 1 3

Question Answer 5. What about an employee not laid off but who was put into a lower classification or transferred a significant distance from his/her home?

Reimbursement of lost pay due to the involuntary demotion would be a normal part of damages if they are awarded. Travel expenses are less typically awarded.

6. Some employees elected to retire instead of being laid off, what happens to them?

This is still an open question. We will certainly argue that they should be offered reinstatement since the decision to retire wasn't truly voluntary. But that argument has not yet been made or ruled upon.

7. What happens to employees that lost grievance arbitrations over their layoffs including decisions that the decision to retire was a voluntary decision and their grievance was denied on this basis?

See the answer above.

8. Didn’t SEBAC file a case in State court on this the same issue? What is the status of that case?

Yes. That case has been on hold pending the decision on the First Amendment issues in the federal case. The State and we agreed that whatever the final ruling is in the federal action on the First Amendment claims will control in the state action as well. So, if the Second Circuit's decision stands, that means we should be entitled to recover damages in the state court action.

9. What does it mean that former Governor Rowland and former OPM Secretary Ryan were sued as individuals?

This means that we are seeking damages against them personally. Those damages, if awarded, could be reimbursed by the state or not, depending on the Attorney General's assessment of whether the wrong doing was intentional.

P-4 Council

z 2013 P-4 Summer PicnicFriday, July 19th from 12Noon to 5:00PM

At The Farmington Club. 162 Town Farm Road, Farmington CT

Activities:Basket Ball, Horseshoes, Tennis, Volley Ball, Swimming, Softball (Bring Gloves), Shuffle Board, Bingo, Egg Toss, Pool Relays, Plenty of Games and a Playground for Kids!

Lunch BuffetALL YOU CAN EAT!Hot Dogs, Hamburgers, BBQ Chicken, Corn on the Cob, Fried Peppers & Onions, Baked Beans, Salads (Egg, Potato, Toss), Sauerkraut, Beverage, and a Sundae Bar! Open Bar (Beer& Wine) 12:30-3:30PM

Cost:• Members: $25 Until July 9, $35 thereafter• Guests $35• Children Ages 10 and under are Free • Children Ages 11-20 are $28

There Will Be Prizes Raffled At The Picnic For Your Attendance.

Checks Payable to “CSEA, P-4 Council”

Questions or Ticket Purchases, Please Contact:Linda King-Corbin, Chair 860-827-2817 Denise Eaton, 203-389-3187 Oscar Gomez, 860-424-5456

Donna Seresin, 860-424-3267Georgette Eley, 860-418-6608CSEA Headquarters, 860-951-6614

Page 6: SEIU Local 2001 | Stronger Together - S T R O N GER Violation of …seiu2001.org/files/2013/03/July-2013-CSEA-News1.pdf · 2013-07-31 · 2011. First, Governor Malloy did bargain

Page 6July, 2013 CSEA NEWS

Saturday, September 28th

A Day In Boston On Your Own!

2013 Legislative Session Round Up

As public employees, CSEA members have a vested interest in the work of the General Assembly. The main task of this year’s session of our state legislature was passing Connecticut’s biennial budget, but, of course, that was not all that was happening. Protecting funding for programs, fighting privatization, and fending off assaults on the pay and benefits earned by members were at the center of CSEA’s work over the course of the 2013 General Assembly session.

The anti-public employee/anti-union forces were hard at work this year with scores of bills introduced to cut public employee pay, slash health care coverage for retirees, and eliminate defined-benefit pensions for state employees. Thanks to the work of CSEA members and our well-established political and lobbying program, each and every one of these anti-public employee bills died in committee. That will not stop these same legislators from reintroducing this type of legislation next year or railing on about the unsustainable pay and benefits of public employees, but because CSEA has a presence at the State Capitol we are able to beat back these attacks.

Connecticut’s economy, while slowly improving, is still feeling the lingering effects of the Great Recession. And, this year’s budget reflected that reality. The originally proposed state budget saw massive cuts in municipal aid and a host of misguided proposals, but working with legislative and organizational allies, CSEA was able to push General Assembly members to make better choices when it comes to the budget. For instance, along with our allies, CSEA helped stop a $27 million cut in school bus transportation funding while preventing a plan that would have decimated the work done by our members in the Department of Construction Services.

CSEA also worked to pass a number of pieces of legislation which have already been signed into law by the governor. As an example, CSEA, working with our brothers and sisters in CEUI – the union which represents highway maintainers – played an active role in passing House Bill 5250, a highway worker safety bill which increases fines for reckless driving in construction zones that set aside into a fund dedicated to protecting the safety of workers in highway work zones.

One of the bills that CSEA members successfully worked to amend was Senate Bill 1096. This bill would have turned the State Education Resource Center (SERC) into a quasi-governmental agency and would have furthered a trend of privatization and outsourcing in the area of education. In her testimony before the Education Committee,

CSEA president Patrice Peterson explained our opposition: “By all appearances, Senate Bill 1096 will legitimize the outsourcing of P3A bargaining unit work to the State Education Resource Center (SERC). By establishing the State Education Resource Center as a “quasi-public agency,” Senate Bill 1096 risks turning SERC into a shadow agency not subject to the same level of oversight and accountability as other state agencies.

After working with legislative and organizational allies, substantial changes were made to the legislation which has since been signed by the governor. Instead of turning SERC into a quasi-governmental agency, SB 1096 directs the commissioner of the State Department of Education SDE) to conduct a study regarding whether it would be best for SERC to be a quasi-governmental agency, a non-profit, or an office within SDE. Additionally, it now places SERC contracts under the review and oversight authority of the State Contracting Standards Board.”

While we made great progress on passing, defeating, and amending legislation of importance to CSEA members, there were bills that did not make it through the legislative process. One of those, House Bill 6673 would have required state agencies to perform a cost-benefit analysis before contracting out work. This is a commonsense piece of legislation that should have been supported by anyone who claims to want to safeguard taxpayer resources. Unfortunately, as one legislator who was opposed to the bill said, “This is a hurdle on the road to privatization.” Even though this bill would have saved money and provided increased transparency, for some legislators and ideological opposition to public employees is more important.

Above are just a few examples of the political and legislative work done by CSEA during this year’s General Assembly session. Below is a fuller list of the legislation CSEA members got involved with to pass, defeat, and amend.

Legislation Supported by CSEA: Passed Both Chambers and Signed By the Governor –

• House Bill 5250 – Work zone safety – passed both chambers, signed into law by the governor.

• Senate Bill 387 – Minimum wage increase – passed both chambers, signed into law by the governor.

• House Bill 6502 – Increasing the number of paras on the Paraprofessional Advisory Council – passed both chambers, signed into law by the governor.

• House Bill 6659 – Secure Communities – passed both chambers, signed into law by the governor.

• Senate Bill 1096 – State Education Resource Center – successfully amended thanks to the work of CSEA. Passed both chambers.

• Constitutional Amendment – House Joint Resolution 36 – Early voting/no-fault absentee ballot constitutional amendment – passed both chambers and will be on the ballot in 2014.

Passed One Chamber –

• Senate Bill 1056 – Construction Manager At-Risk. Members and staff working with Commissioner DeFronzo, agency staff, and legislators were able to reach a compromise on new language. The bill passed unanimously out of the Senate, not called in the House.

Not Called In Either Chamber –

• House Bill 6673 – Requires agencies to perform a cost-benefit analysis before contracting out work. Died in Appropriations on the JF deadline. Unable to find a new legislative vehicle by end of session.

• Senate Bill 823 – Worker’s Compensation for Post-Traumatic Stress Disorder (PTSD) – not called in the Senate.

• House Bill 6614 – Large employers pay for Medicaid benefits – not called in the House.

• Senate Bill 54 – Retirement for All – not called in the Senate.

• House Bill 5713 – Labor history in public schools – not called in the House.

• House Bill 6359 – The Office of Early Childhood – not called in the House.

• House Bill 6706: The General Government Implementer Bill:

• House Bill 6706 is the massive implementer bill that was passed by the General Assembly on the last day of session. This bill was, essentially, a collection of other implementer bills which had been introduced at the start of the session. One of those original implementers, House Bill 6354, included several proposals opposed by CSEA. Among other things, 6354 would have transferred the responsibility of oversight of state employee personnel policy from the Commissioner of the Department of Administrative Services to the Secretary of the Office of Policy and Management. 6354 also would have moved a number of construction project managers in the Department of Construction Services into the State Department of Education and the Board of Regents. House Bill 6706 included none of these proposals.

Legislation Opposed By CSEA:• Senate Bill 978 – To change the threshold

for requiring contracts be awarded to the lowest responsible and qualified bidder from five hundred thousand dollars to two million dollars, to require subcontractors to be prequalified at the time of bid submittal and to change the threshold for separate specifications for classes of work from twenty-five thousand dollars to one hundred thousand dollars – CSEA was opposed to raising the threshold to any amount above $1 million. Although this bill passed out of the Senate, CSEA was able to prevent this bill from being called in the House.

• Senate Bill 53 – An Act Eliminating Longevity Payments And Eliminating Overtime Compensation From The Calculation Of Pensions For State Employees – died in committee.

• Senate Bill 346 – An Act Concerning A Defined Contribution Plan And State Employee Pensions – died in committee.

• Senate Bill 347 – An Act Concerning The Method Of Calculation Used To Determine Pension Benefits – died in committee.

• Senate Bill 348 – An Act Reforming The Workers’ Compensation System – died in committee.

• Senate Bill 457 – An Act Concerning Full Funding Of The State Employees’ Retirement System – died in committee.

• House Bill 5698 – An Act Concerning State Employee Pension Plans – died in committee.

Continued on Page 7

Page 7: SEIU Local 2001 | Stronger Together - S T R O N GER Violation of …seiu2001.org/files/2013/03/July-2013-CSEA-News1.pdf · 2013-07-31 · 2011. First, Governor Malloy did bargain

Page 7July, 2013 CSEA NEWS

Social Activities

Saturday, September 28th

Send Reservations and Payments to: CSEA Social Activities, 760 Capitol Ave, Hartford CT 06106Or Pay Online Via Credit Card/Paypal at www.CSEA-CT.com

$32 Per PersonOnline Paypal payments add $2 convenience fee.

Pick Up Points

Explore the great city of Boston at your own pace. Do whatever you like; view historic

sites, dine at fantastic restaurants, shop the many stores. Return Bus to Connecticut

leaves Boston at 5:30PM, so you’ll be home in time for dinner!

Manchester—9:15AM

Park & Ride Commuter Lot, Off Exit 62 on I-84 Buckland Street & Pleasant Valley Rd

Waterbury—8:30AM

Hamilton Ave Commuter Lot off I-84

A Day In Boston On Your Own!

CSEA is not responsible in whole or part for any loss, damage, injury, financial loss or whatever to persons or property however caused during or in

connection with any tour, trip or activity.

• House Bill 5702 – An Act Concerning Pension Contributions, Cost-Of-Living Adjustments And Defined Benefit Contribution Plans – died in committee.

• House Bill 5703 – An Act Eliminating Longevity Payments For All State Employees – died in committee.

• House Bill 5705 – An Act Concerning Union Stewards And State Compensation – died in committee.

• House Bill 5710 – An Act Concerning Newly Hired State Employees And Pension Options – died in committee.

• Senate Bill 153 – An Act Concerning Reform Of The State Employees Retirement System – died in committee.

• SENATE BILL 245 – An Act Concerning Pension Preservation – died in committee.

• Senate Bill 308 – An Act Excluding Overtime Pay From The Calculation Of State Employee Pension Benefits – died in committee.

• Senate Bill 312 – An Act Concerning The State Employees Retirement Commission – died in committee.

• House Bill 5009 – An Act Concerning A Defined Contribution Retirement Plan For State Employees – died in committee.

• House Bill 5010 – An Act Excluding Reimbursements To State Employees For Mileage Or Other Expenses From The Calculation Of Retirement Income – died in committee.

• House Bill 5011 – An Act Establishing A Defined Contribution Benefit Plan For Unclassified State Employees – died in committee.

• House Bill 5013 – An Act Concerning Certain Agreements Or Stipulations Required To Be Approved By The General Assembly – died in committee.

• House Bill 5137 – An Act Reducing The Salaries Of State Elected Officials And State Employees – died in committee.

• House Bill 5190 – An Act Concerning A Defined Contribution Benefit Plan For New State Employees – died in committee.

• House Bill 5191 – An Act Concerning Contributions By State Employees To The State Employee Retirement System – died in committee.

• House Bill 5257 – An Act Concerning The Assumed Rate Of Return On The Fund Established For Payment Of Certain Post-Employment Obligations To State Employees – died in committee.

• House Bill 5321 – An Act Requiring The General Assembly To Vote On Collective Bargaining Agreements And Agreements And Stipulations In Connection With A Lawsuit – died in committee.

• House Bill 5454 – An Act Concerning Voting By The General Assembly On Collective Bargaining Agreements And Agreements And Stipulations In Connection With A Lawsuit – died in committee.

• House Bill 5559 – An Act Replacing The Defined Benefit Retirement Plan For State Employees With A Defined Contribution Retirement Plan – died in committee.

• House Bill 5563 – An Act Excluding Overtime Payments From The Calculation Of State Employee Retirement Income – died in committee.

• House Bill 6172 – An Act Excluding Overtime Payments From The Calculation Of Retirement Income For State Employees Subject To Collective Bargaining – died in committee.

• House Bill 5689 – An Act Concerning Union Recertification – died in committee.

• House Bill 5699 – An Act Concerning Proper Expenditure Of Union Dues – died in committee.

If you are interested in learning more about any of these bills, you can get the complete history of any legislation by visiting the Connecticut General Assembly website at www.cga.ct.gov

Legislative Session (Continued)

Page 8: SEIU Local 2001 | Stronger Together - S T R O N GER Violation of …seiu2001.org/files/2013/03/July-2013-CSEA-News1.pdf · 2013-07-31 · 2011. First, Governor Malloy did bargain

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159360_03212013_v2_Layout 1 3/21/13 2:25 PM Page 1

Life insurance. Nobody likes to think about it, much less talk about it. But if you want to help safeguard your family’s financial well being, you need to talk about it.

ING Employee Benefits is offering current State of Connecticut employeesour Premier Universal Life Insurance policy. This is life insurance that buildscash value1, and offers other benefits that you and your family can use right now.For more information, be sure to talk to a licensed insurance producer in yourfacility or department, or call 1-888-909-4274, extension 4.

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159360_03212013_v2_Layout 1 3/21/13 2:25 PM Page 1

July, 2013 Page 8CSEA NEWS

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Life insurance. Nobody likes to think about it, much less talk about it. But if you want to help safeguard your family’s financial well being, you need to talk about it.

ING Employee Benefits is offering current State of Connecticut employeesour Premier Universal Life Insurance policy. This is life insurance that buildscash value1, and offers other benefits that you and your family can use right now.For more information, be sure to talk to a licensed insurance producer in yourfacility or department, or call 1-888-909-4274, extension 4.

Universal life insurance is one way you can be more prepared for the future.

Your future. Made easier.®

EMPLOYEE BENEFITS

159360 03/21/2013

You can’t reduce yourlife’s value to a number...But you can help protect your family’s financial future with a number.

1 Universal Life Insurance builds cash values, changes in the current non-guaranteed interest rate, and changes in the current cost of insurance rates will affect cash value.However, the current nonguaranteed interest rate will never be less than the guaranteed rate shown in the policy.

Broker: Kronholm and McCollam Insurance

Issued by ReliaStar Life Insurance Company, a member of the ING family of companies. Administrative and Home Office: Minneapolis, MN

©2013 ING North America Insurance Corporation LG10735

159360_03212013_v2_Layout 1 3/21/13 2:25 PM Page 1

Life insurance. Nobody likes to think about it, much less talk about it. But if you want to help safeguard your family’s financial well being, you need to talk about it.

ING Employee Benefits is offering current State of Connecticut employeesour Premier Universal Life Insurance policy. This is life insurance that buildscash value1, and offers other benefits that you and your family can use right now.For more information, be sure to talk to a licensed insurance producer in yourfacility or department, or call 1-888-909-4274, extension 4.

Universal life insurance is one way you can be more prepared for the future.

Your future. Made easier.®

EMPLOYEE BENEFITS

159360 03/21/2013

You can’t reduce yourlife’s value to a number...But you can help protect your family’s financial future with a number.

1 Universal Life Insurance builds cash values, changes in the current non-guaranteed interest rate, and changes in the current cost of insurance rates will affect cash value.However, the current nonguaranteed interest rate will never be less than the guaranteed rate shown in the policy.

Broker: Kronholm and McCollam Insurance

Issued by ReliaStar Life Insurance Company, a member of the ING family of companies. Administrative and Home Office: Minneapolis, MN

©2013 ING North America Insurance Corporation LG10735

159360_03212013_v2_Layout 1 3/21/13 2:25 PM Page 1

Life insurance. Nobody likes to think about it, much less talk about it. But if you want to help safeguard your family’s financial well being, you need to talk about it.

ING Employee Benefits is offering current State of Connecticut employeesour Premier Universal Life Insurance policy. This is life insurance that buildscash value1, and offers other benefits that you and your family can use right now.For more information, be sure to talk to a licensed insurance producer in yourfacility or department, or call 1-888-909-4274, extension 4.

Universal life insurance is one way you can be more prepared for the future.

Your future. Made easier.®

EMPLOYEE BENEFITS

159360 03/21/2013

You can’t reduce yourlife’s value to a number...But you can help protect your family’s financial future with a number.

1 Universal Life Insurance builds cash values, changes in the current non-guaranteed interest rate, and changes in the current cost of insurance rates will affect cash value.However, the current nonguaranteed interest rate will never be less than the guaranteed rate shown in the policy.

Broker: Kronholm and McCollam Insurance

Issued by ReliaStar Life Insurance Company, a member of the ING family of companies. Administrative and Home Office: Minneapolis, MN

©2013 ING North America Insurance Corporation LG10735

159360_03212013_v2_Layout 1 3/21/13 2:25 PM Page 1

Life insurance. Nobody likes to think about it, much less talk about it. But if you want to help safeguard your family’s financial well being, you need to talk about it.

ING Employee Benefits is offering current State of Connecticut employeesour Premier Universal Life Insurance policy. This is life insurance that buildscash value1, and offers other benefits that you and your family can use right now.For more information, be sure to talk to a licensed insurance producer in yourfacility or department, or call 1-888-909-4274, extension 4.

Universal life insurance is one way you can be more prepared for the future.

Your future. Made easier.®

EMPLOYEE BENEFITS

159360 03/21/2013

You can’t reduce yourlife’s value to a number...But you can help protect your family’s financial future with a number.

1 Universal Life Insurance builds cash values, changes in the current non-guaranteed interest rate, and changes in the current cost of insurance rates will affect cash value.However, the current nonguaranteed interest rate will never be less than the guaranteed rate shown in the policy.

Broker: Kronholm and McCollam Insurance

Issued by ReliaStar Life Insurance Company, a member of the ING family of companies. Administrative and Home Office: Minneapolis, MN

©2013 ING North America Insurance Corporation LG10735

159360_03212013_v2_Layout 1 3/21/13 2:25 PM Page 1

* Tenure discount is not available in MA. MetLife Auto & Home is a brand of Metropolitan Property and Casualty Insurance Company and its affiliates: Metropolitan Casualty Insurance Company, Metropolitan Direct Property and Casualty Insurance Company, Metropolitan General Insurance Company, Metropolitan Group Property and Casualty Insurance Company and Metropolitan Lloyds Insurance Company of Texas, all with administrative home offices in Warwick, RI. Coverage, rates and discounts are available in most states to those who qualify. © 2012 MetLife Auto & Home L0912280044[exp0815][All States] © 2012 PNTS 1204-1707

Call MetLife Auto & Home today for free quotes:1 800 GET-MET 8 (1-800-438-6388)

State of Connecticut employees:

Make the most of your workplace benefi ts from MetLife Auto & Home®.

Maximize your company’s benefi t program:• Save up to an additional 10% right away with the Welcome Discount for

NEW customers.

• Qualify for a group discount.

• Save more with our superior driver discount.

• Choose from a variety of convenient payment options.

• Receive extra savings if you’ve been with your company for a long time.*