Page 8 - Demo

Monroe County retirees working for justice
ROCHESTER — CSEA is working for fairness for thousands of retiree members in Monroe County who have seen their health benefits diminished by county officials.
Union leaders and staff recently met with members to discuss the status of pending litigation concerning the county’s unilateral changes to the health benefits. CSEA had negotiated these benefits with the county and did not approve these changes.
CSEA Senior Associate Counsel Jennifer Zegarelli, CSEA Western Region President Flo Tripi and Labor Relations Specialist Robbie Ellis led a two-hour question and answer session to educate more
than 200 local retirees on the status of the legal proceedings.
Over time and without advanced notice, previously negotiated health care benefits earned by retirees from Monroe Community College, Sheriffs command and support staff and the
Monroe County Unit have been significantly altered. We believe the changes violate good-faith bargaining and do not meet the intended spirit of the insurance language provisions under which the members retired.
In recent years, CSEA filed legal papers challenging these actions on behalf of members to hold them harmless. Since 2009, we have filed several grievances and improper practice charges against Monroe County leading up to these court proceedings. Many of the attendees at the July 24 meeting were signatories to pending litigation and were thankful for the meeting update.
“I can appreciate the fact that CSEA is representing us regarding these unethical and possibly illegal actions taken by Monroe County’s administration,” said former Monroe County Unit President Cris Zaffuto.
“I don’t have the personal resources to take on Monroe County myself, but collectively as a union we can do this,” Zaffuto said. “Together, we can see this through with the hope that it sends a message to county lawmakers and administrative law judges everywhere that negotiated collective bargaining agreements are a done deal. You can’t change terms and conditions of what we agreed to after the fact. What they are doing to us is morally and ethically bankrupt.”
While several retirees who attended the meeting admit it may take some time for justice to prevail, they are not giving up hope and are banding together. “We know this is an uphill battle,” Tripi said. “But it’s one worth fighting for.”
The CSEA Legal Department is now in the process of filing one appeal with the NYS Appellate Court, 4th Department and has other proceedings in lower courts.
CSEA committed to standing together as we face Janus v. AFSCME Council 31
The U.S. Supreme Court will hear Janus v. AFSCME, a case that challenges the constitutionality of agency fees (fair share fees) in the public sector.
The case specifically seeks to overturn the Court’s 1977 Abood v. Detroit Board of Education decision, which permits employers and unions to negotiate contracts that provide for payment of fair share fees by non-members who receive the benefit of representation. Arguments before the court are expected early next year.
A similar case, Friedrichs v. California Teachers Assocation, was argued before the court in 2016, but ended in a 4-4 tie following the death of Justice Antonin Scalia. Because of the tie, the lower court’s decision upholding fair share fees stood.
With the election of President Trump, he got to appoint the next Supreme Court justice. With the appointment of Neil Gorsuch, the court is back to nine justices with a 5-4 conservative majority.
“It’s no surprise that the Supreme Court has announced it will hear the case of Janus v. AFSCME,” CSEA President Danny Donohue said. “This case is nothing
more than a crusade to weaken unions by people with a lot of money. Their goal remains taking away rights, benefits and pay from hardworking Americans.”
Regardless of the outcome, we will continue to have conversations about what it means to stand together.
If the Supreme Court changes 40
years of its own precedent, we will work harder to ensure working people have the freedom to negotiate so we can continue to provide for our families. Janus aims
to take away the freedom of — and opportunity for — working people to join together in strong unions.
“CSEA has played a critical role in building and protecting the working families in New York,” Donohue said. “We are committed to continuing to stand strong on behalf of all working people.”
It is likely that the court will overturn Abood, declaring fair share fees unconstitutional in the public sector. Thus, it will be “right to work” for the public sector in the United States, meaning that bargaining unit members who are not union members will pay nothing but still be covered by the collective bargaining agreement. We expect a decision in Spring 2018.
— Ove Overmyer
is published to share information and generate ideas on subjects important to retirees.
Published by CSEA
143 Washington Ave., Albany, N.Y. 12210
(518) 257-1000
(800) 342-4146 www.cseany.org
Danny Donohue, President
CSEA
Local 1000 AFSCME AFL-CIO