MSEA

NEWS
JAN/FEB 2014
VOLUME 24, ISSUE 1
LOCAL 5
AFL-CIO
Civil Service Commission deadlocks,
then approves contracts for state employees.
(l-r): MSEA President Ken Moore and legal counsel Brandon Zuk testify regarding unit
specific contracts. Coalition spokesperson, UAW vice president Cindy Estrada, told the
Civil Service Commission as the audience applauded, Its not fair when state workers
are villified! (pgs. 12 &13)
Michigan State Employees Association
AFSCME Local 5, AFL-CIO
2012 - 2015 State Board of Directors
Executive Council
President: Ken Moore
Vice President: Dan Matthies
Secretary: Brenda Kafer
Treasurer: Randy Jecks
Alternate
Region Directors Region Directors
Neil Seelig Region I Vacant
Edward Drier Region II Patricia Kitchen
Thomas Kelley Region III Cathy Connolly
Jeffrey Hemmelsbach Region IV Mark Baker
Paul Buchler Region V Michael Walker
Michael Morey Region VI Bryan Martin
Daniel Bumford Region VII Terry Swisher
Joseph Lake Region VIII Sylvester Berry, Jr.
Kevin Kotzian Region IX James Hedrick
Matthew Roback Region X James Guest
MSEA Staff
Administrative Assistant:
Nancy Durner, ext. 110
Accounting Assistant/Computers:
Kari Wilson, ext. 125
Communications Director:
Karen Murphy, ext. 122
Labor Relations Coordinator:
Joan Bush, ext. 116
Labor Relations Specialist:
Fidencio Frank Gonzales, ext. 121
Labor Relations Specialist:
Richard Ransom, ext. 111
Assistant to the President:
Tammy Voigt, ext. 113
Contact Us
Lansing Area Phone: (517) 394-5900
Toll Free: 1-800-228-5901
Fax: (517) 394-4060
Website: www.msea.org
LOCAL NEWS
2 MSEA NEWS JAN/FEB 2014
IN MEMORIUM
Former Lt. Gov. Connie Binsfeld, age 89, passed away on
January 12, 2014. Binsfeld, a Republican, was the first woman
to hold leadership posts in Michigans House, Senate and execu-
tive branch. She served two terms as lieutenant governor under
former Gov. John Engler, from 1991 through 1998. She declined
to run again when Engler successfully sought a third term. A
native of Munising in Michigans Upper Peninsula, Binsfeld lived
on Leelanau Countys Glen Lake. She began her political career
as a Leelanau County commissioner and was elected to the
Michigan House in 1974. She served four terms there and in
1982 won a seat in the Senate. She also served 10 years on the
Great Lakes Commission. A champion of childrens issues, Binsfeld led commissions
on adoptions and the states child welfare system. The Binsfeld Childrens Commission
produced 197 proposed reforms, many of which were enacted.
John C. Jack Dempsey, age 71, passed away on
January 10, 2014. He was AFSCMEs former general counsel
who retired last March after serving with distinction for nearly four
decades.
Brother Dempsey served the union with distinction for 38 years,
said Pres. Lee Saunders. Much of our success is attributable to
his ability to creatively problem solve while keeping the interests
of the union and our members central in his work.
Dempsey played a major role in the affiliations of dozens of inde-
pendent associations with AFSCME. He also played a leading
role in designing and strengthening no-raid and organizing-
responsibility procedures that did much to eliminate inter-union battles that harmed the
labor movement. Dempsey was also active with Irish-American organizations. After a
Mass to commemorate his life, an Irish celebration was held at his favorite pub.
MSEA extends
sincere sympathy to:
...Region VIII Alt.
Director Sylvester
Berry, Jr., on the
death of his niece,
Janise Berry-Coley.
...Region VII Director
Dan Bumford and his
wife Sandy on the
death of her mother,
Lyn Oliver.
...Richard White (VIII
DOC) on the death of
his father, Reed A.
White.
REQUIREMENTS FOR FILING A GRIEVANCE:
Article 8, MSEA Primary Agreement
Article 8 of MSEAs Primary Agreement details requirements
for properly filing a Grievance. This is only a summary which
is not meant to replace Article 8 in the current MSEA contract.
Please refer to the contract for specifics.
Employee
Grievances must be filed within 15 week days from the date
the employee knew OR SHOULD HAVE KNOWN of the infrac-
tion.
Step One
The employer has 10 days to answer at Step One.
--The employee has 10 days from answer or absent a Step
One answer, 10 days from the time the First Step Answer was
DUE to appeal to Step Two.
Step Two
The employer has 15 days to Answer at Step Two.
--IF a Step Two meeting is held, such a meeting must take
place within 15 days of the Employers receipt of the appeal to
Step Two. The Step Two Answer is then due within 10 days of
that meeting.
Grievance to MSEA
The employee must then IMMEDIATELY request, in writing,
that the matter be considered by MSEAs Litigation and
Arbitration Committee. Only MSEA may appeal a Grievance
to arbitration and such MUST be filed within 45 week days
from the time the employers Second Step Answer was
received or from the date the employers Answer WAS DUE.
NOTE: This is the most common time issue. MSEA has to
submit appeals to the Lit and Arb Committee which only
meets once a month.
Litigation and Arbitration Committee
Given MSEAs Request for Arbitration procedure, MSEAs
appeal procedure, and Demand filing deadlines, the employ-
ees written request for consideration by the Lit and Arb
Committee MUST be forwarded to the office as soon as possi-
ble.
--Arbitration & Litigation requests MUST have a cover let-
ter attached specifying that its an Arbitration & Litigation
request.
--Failure to timely and appropriately submit a Grievance and
its supporting documentation may result in the Grievance
being considered untimely/improperly filed.
ALL ISSUES OF THE AWARD-WINNING
MSEA NEWS ARE AVAILABLE ONLINE at:
www.msea.org
If Internet access isnt available, members can go to
their local library and catch up on union news via
MSEAs website. If you need help
registering, contact
Karen Murphy, Communications Director, at:
(517) 394-5900 ext. 122
PUBLICATION OF MSEA NEWS
Please note the publication schedule for the MSEA News.
Printed/mailed issues are February, May, August, October and
December (required financial issue includes mailing to fee payers). All
other monthly issues will be posted on the MSEA web site only.
Know Your
MSEA Rights!
(If called to a meeting with
management, read the following to
management or present the card
before the meeting starts.)
If this discussion could in any way lead to me
being disciplined or terminated, or issued a less
than satisfactory service rating, I respectfully
request that my union representative, officer, or
steward be present at this meeting. Without
representation present, I request that this meeting
be postponed until such time as I have
representation present.
MSEA News (ISSN 0747-2587USPS 594-900) is published in
February, May, August, October and December by the Michigan State
Employees Association, 6035 Executive Dr., Lansing, MI 48911.
Periodicals postage paid at Lansing, MI. POSTMASTER: Send
address changes to: MSEA News, 6035 Executive Dr., Lansing, MI
48911.
www.msea.org 3
MSEA RETIREES--WE NEED YOU!
Get involved in your union!
Retirees are valuable assets
and MSEA is working for you.
The cost for retirees to belong
to MSEA is just $12 a year as
stated in the MSEA Constitution:
Article VI, Section 8: Any retired
Union member age fifty (50) years or older or with at least
ten (10) years of membership, or a disabled Union member,
shall be entitled to retain membership in the Union for $1.00
per month, to be paid in advance at the rate of $12.00 per
year. Retirees dues are to be pro-rated from the date of
retirement to the next January 1st. Thereafter, the retirees
dues shall be payable on January 1st, with thirty days
advance notice given by MSEA Central Office.
By paying your retiree dues of only $12 per year, you
will continue to receive the MSEA News.
Please make checks payable to Michigan State
Employees Association and mail to: MSEA Central
Office, 6035 Executive Dr., Suite 104, Lansing, MI 48911
2014 Litigation & Arbitration Dates
Jan. 10 & 11, Feb. 7 & 8, Mar. 7 & 8,
Apr. 4 & 5, May 2 & 3, June 6 & 7,
July 11 & 12, Aug. 1 & 2, Sept. 12 & 13,
Oct. 3 & 4, Nov. 7 & 8 and Dec. 5 & 6.
AWESOME MITTEN
A territory since 1805, Michigan
was admitted to the Union as
the 26th state on January 26,
1837. This year, the annual
Statehood Day celebration also
honors the 70th anniversary of
D-Day and Michigans role in
World War II. Go to MSEAs Facebook page for
Decorate Your Mitten Cookie. The Michigan cookie
cutters are made in the U.P.!
STRONGER TOGETHER
4 MSEA NEWS JAN/FEB 2014
Jamie Brandt (II DOC), a licensed plumber with the Dept. of Corrections, stood up for himself and his fellow
co-workers when the Warden tried to bully him out of filing a grievance regarding an on-going workplace issue.
With the assistance from the labor representatives at MSEA Central Office, an Unfair Labor Practice (ULP) was
filed and upheld by the State of Michigan Civil Service Commission. The hearing officer found that the DOC
committed a ULP when it interfered with a bargaining unit member in the exercise of his rights as granted by
Civil Service rules. To remedy this finding, the DOC was ordered to prominently post a Notice of Violation at all
Michigan DOC worksites for a period of six months (see below).
Brandt had been dealing with an on-going problem concerning plumbing augers--also referred to as snakes,
tools used to clean out clogged drains and stopped-up toilets. The plumbing augers would appear in the
residential units with no identification number indicating to whom or where they belonged. These are tools that
MSEA strongly believes should be locked up in the tool box or work area utilized by the plumbers, with safety
being the primary concern for staff as well as clients of the facility.
After attempting to address this issue numerous times, Brandt indicated to the inspector that he would have
to file a grievance regarding the issue. Approximately 45 minutes later, Brandt was told to report to the Deputy
Wardens office immediately. Upon arrival, he was met by the Warden who slammed the door and demanded
that he have a seat. The Warden proceeded to act out in a fit of rage and then asked Brandt what his problem
was in regard to wanting to file a grievance. This bully tactic did not stop Brandt from standing up for his rights
and fellow MSEA bargaining unit members. In addition to the ULP charge which was filed and upheld, a griev-
ance was filed on the use of the auger and is scheduled for arbitration in March 2014.
This type of bully management style can only be stopped if we stand united as Brother Brandt did and say,
Enough is enough! Solidarity Forever!
NOTICE OF VIOLATION
Be advised that the undersigned has deter-
mined, following a hearing, that the respondent
Michigan Department of Corrections has been
found to have committed an unfair labor practice by
interfering with the right of a state employee to file a
grievance in violation of Civil Service Rule 6-11.1,
Coercion, which states as follows:
6-11 Unfair Labor Practice for the Employer
6-11.1 Coercion
It is an unfair labor practice for the employer to
interfere with, restrain, coerce, discriminate against,
or retaliate against employees in the exercise of
rights granted by these rules.
The above rule protects the right of all state
classified employees to file and to pursue griev-
ances and grieve appeals without interference or
fear of retaliation, coercion or discrimination. The
respondent Michigan Department of Corrections is
ordered to CEASE AND DESIST from any future
such violation of Civil Service Rule 6-11.1.
This notice shall be prominently posted at all
Michigan DOC worksites for a period of six months
from the mailing date of this decision.
Signed by William P. Hutchens, Hearing Officer
www.msea.org 5
Honoring His Life and Legacy
The Martin Luther King Jr., National Memorial
Washington, DC
This is the first Memorial along the National Mall to be dedicated
to an African-American and to a non-president. The Memorial
conveys three themes that were central throughout Dr. Kings life:
Democracy, Justice and Hope. The 30-foot sculpture of Dr. King was
carved from 159 granite blocks that were assembled to appear as one
piece. There is also a 450-foot wall, made from granite panels, that is
inscribed with 14 excerpts from Dr. Kings sermons and public
addresses to serve as living testaments of his vision of America.
It took 15 years to create the federal Martin Luther King, Jr.,
Holiday. Congressman John Conyers, Democrat from Michigan, first
introduced legislation for a commemorative holiday four days after Dr.
King was assassinated in 1968. Finally, in 1983, Congress passed
and President Ronald Reagan signed, legislation creating Martin
Luther King, Jr. Day on the third Monday in January. The MLK Day
of Service was initiated by Congress in 1994 and has been developed
beyond a federal holiday honoring Dr. King into a national day of
community service.
FEBRUARY IS
BLACK HISTORY MONTH
A federal judge on Feb. 5
ruled that parts of a law blocking
graduate student research assis-
tants (GSRA) from joining a
union are unconstitutional,
according to Associated Press
reports. The state Legislature
passed the law in 2012 when graduate students
at the University of Michigan were attempting to
organize. Senate Minority Leader Gretchen
Whitmer (D-East Lansing) said in a statement
that she had opposed the law when it went
through the Legislature.
Unfortunately, rather than ensuring they were
upholding their oath to the Constitution, my
Republican colleagues simply chose to brush
those concerns aside and pass this bill into law
as quickly as possible to avoid public scrutiny,
Whitmer said.
Progress Michigan sent out a statement from
Andrea Jokisaari, a GSRA who serves as chair of
the Graduate Employee Organizations GRSA
committee.
Were gratified the judge ruled that the law
targeting GSRAs rights to organize is unconstitu-
tional. We still firmly believe that GSRAs are
workers entitled to protections under the law,
including the right to have a union should they
decide to organize, Jokisaari said.
--edited from MIRS
As this issue goes to print, the
United Auto Workers (UAW) and its
president, Bob King, could score a
huge victory for organized labor if
3,200 workers at Volkswagens
Chattanooga, Tenn., plant vote to
unionize. The election will be
supervised by the National Labor Relations Board. If
the plant becomes unionized, it will be a possible first
step in opening up the non-union South for organizing
campaigns underway at Nissan auto plants in
Tennessee and Mississippi, and a Mercedes-Benz
plant in Alabama. A UAW defeat would be a huge set-
back for labor.
Volkswagen previously stated that its neutral about
the issue, but is already used to union-style representa-
tion at most of its auto plants. In a statement,
Volkswagen said it favors the formation of a works
council, which the UAW and Volkswagen are propos-
ing to establish. In Germany, the works council repre-
sents employees on a wide range of internal matters.
The union negotiates working hours, compensation and
benefits. Tennessee has been a Right-to-Work state
since the 1940s.
Our employees are free to discuss and state their
opinions at the plant and to distribute campaign materi-
als, including flyers and other literature, irrespective of
whether they are in favor of or against a union, said
Volkswagen Chattanooga Vice President of Human
Resources Sebastian Patta.
6 MSEA NEWS DEC 2013
6
6 MSEA NEWS JAN/FEB 2014
Gov. Rick Snyder didnt declare his candidacy during the January 16 State-of-
the-State address at the Capitol, but he was clearly running for re-election. The
governors address was called The Comeback Continues, and was relentlessly
positive. There was information that was conveniently omitted and more spin
than a Maytag dryer. As Karla Swift, Michigan state president of the AFL-CIO,
pointed out in a Detroit News editorial: Michigan still has the third highest unem-
loyment rate in the country. Michigan is on track to be 49th in projected job
growth; only Maine has worse prospects. Manufacturing gains are almost
exclusively in the auto industry and are due to workers cooperating with man-
agement to turn the companies around. Seniors, students and working families
are still bearing the burden of a billion dollar tax giveaway to unaccountable cor-
porate special interests.
Snyders corporate tax breaks have failed to improve Michigans economic
outlook, and they came at the expense of education and other programs that
are necessary for future success and growth, said Swift. Snyder cant run for
re-election based on his record, so he used his State-of-the-State address to
run from his record. But working families know when their interests are being
ignored.
Comeback Kid or Kid Crock? Gov. Rick Snyder kicked
off his re-election bid with a Hollywood-produced Super
Bowl television ad that was estimated in the $700,000
range. The ad ran in select Michigan areas and calls
Snyder the Comeback Kid which Democrats immediately
mocked and suggested that the governor instead be
called Kid Crock. Snyder entered the 2010 Michigan
governors race as a relative unknown before a Super
Bowl ad made One Tough Nerd a household nickname.
Opponents of the governor say that Snyders taking
credit for Michigan being the state that has recovered the
most since the great Recession is a farce and that, when
you scratch the surface, things arent all that rosy.
The Snyder re-election campaign planned a six-stop
tour the week following the Super Bowl which Democrat
Mark Schauers gubernatorial campaign called the Snyder
Rebranding Tour. Retirees and workers from all over the
state in Detroit, Lansing and Grand Rapids rallied to pro-
test Snyders anti-middle class agenda.
Republican Rick Snyders Super Bowl ad was clearly
a super big waste of money, said Lon Johnson, Michigan Democratic Party Chair. Snyders campaign spent
over a million dollars putting this ad on the air, and couldnt even come up with 30 seconds of true statements.
Now Snyder is traveling all over the state trying to rebrand himself, but Michigan families know the truth and
were not buying it...Michigan needs a governor who will work to strengthen our economy so it works for every-
one, not just the wealthy and the well-connected.
AROUND THE STATE
Progress Michigan introduced a
Fake Snyder, played by an actor
who pre-empted the governors
State-of-theState address with one
called Snyder Fails.
(l-r): MSEA VP Dan Matthies; MSEA staff Kari Wilson;
Michigan Democratic Party chair Lon Johnson; and MSEA
staff Frank Gonzales rally at Two Men and a Truck head-
quarters in Lansing, the second stop on Gov. Rick
Snyders six-city campaign tour.
Democrats: Working Families Need More Help In FY 2015 Budget
Michigan Democrats said that Gov. Rick Snyders proposed Fiscal Year (FY) 2015 budget, which he presented
at a joint House-Senate Appropriations Committee meeting on February 5, wont do enough to help middle class
families that previous budgets have hurt. House Democrats were hoping the governor would use the nearly $1
billion in surplus to help middle-class families, seniors and others affected by the sweeping tax changes in 2012.
Michigan residents are now paying 31.5 percent more in income taxes due to the elimination of numerous tax
credits, the implementation of the pension tax and the tax burden shift away from big corporations.
www.msea.org 7
HUG A SNOWPLOW DRIVER
Its not easy being a snow plow driver in Michigan this winter: Non-stop
hours, dangerous road conditions, below zero temperatures and gale-force
winds. The winter of 2013-14 is shaping up to be one for the record books.
There was the ice storm that slammed mid-Michigan right before Christmas,
causing massive headaches with entire sections of the state enduring power
outages for days. We had barely recovered from that blast when we were
hit with a blizzard during the first weekend in January that shut down state
government in Lansing for the first time in at least 35 years.
Gov. Rick Snyder declared a weather emergency, but essential workers
were on the job, helping to keep us safe. Those workers included Michigan
State Police, corrections officers, snow plow drivers with the Dept. of
Transportation (MDOT), and DTMB employees monitoring the states data
centers, as well as infrastructure protection staff.
So far, there doesnt seem to be an end in sight as the snow continues
to pile up while the state runs out of propane
and road salt, and the schools run out of snow
days. Phil, the groundhog, came out of his
burrow on Super Bowl Sunday. He saw his
shadow, fell into a snowbank and decided to go
back to bed for six more weeks. So a big
Thank-You to all the hard-working folks this
winter who are working for us...and working for
Michigan! MSEA represents MDOT snow plow
drivers and the Osceola County Road
Commission.
President Barack Obama visited Michigan
State University (MSU) on Feb. 7 to sign the
Agricultural Act of 2014 into law, also known as
the Farm Bill.
In spite of its name, the Farm Bill isnt just
about helping farmers, Obama said. There
are many parts to it--like a Swiss army knife.
U.S. Sen. Debbie Stabenow (D-Lansing),
chair of the U.S. Senate Agriculture Committee,
was the driving force for the legislation.
This isnt your fathers Farm Bill, Stabenow
said in a press release. Its a bill for our future
that grows
our agricul-
ture economy, helps provide
greater access to healthy
Michigan-grown foods, preserves
our land and water, and cuts
unnecessary spending.
PRESIDENT OBAMA VISITS
MSU, SIGNS FARM BILL
(clockwise): MSU students listened to President Barack Obama before the
signing of the Farm Bill; (l-r): MSEA President Ken Moore, MSEA VP Dan
Matthies and gubernatorial Democratic candidate Mark Schauer; U.S. Senator
Debbie Stabenow attended the bill signing along with members of the
Michigan congressional delegation.
WHAT THEYRE SAYING...
Thanks and gratitude to the many
Region VIII DOC members who
have kindly donated annual leave
to help a union brother whose
family has had a very rough year.
--MSEA President Ken Moore
--Your union represents you in
negotiations with the state so you
dont have to do it on your own.
--Your union negotiates paid
holidays for you.
The next paid holiday, ask the clerk
where youre shopping if theyre
getting paid for the holiday or get-
ting time and a half. Maybe those
members who think they dont
need our union will wake up and
support us!
--Region IX, LARA
Some of the prisoners are threat-
ening workers if they dont get bet-
ter food...theres going to be a riot.
--Region II, DOC
NATIONAL NEWS
8 MSEA NEWS JAN/FEB 2013
In his fifth State of the Union address before a joint session of
Congress on Tues., January 28, President Barack Obama called for a
Year of Action--if not by acts of Congress, then through his own
executive powers. Michigan was represented at the address by a
Detroit business owner, Andra Rush, a descendent of the Mohawk
tribe, who is founder and CEO of the Rush Group, one of the largest
Native-American owned companies in the country. The president
also highlighted new General Motors CEO Mary Barra and spoke
about the need to build new ladders of opportunity. Both Rush and
Barra attended the State of the Union address as guests of First Lady
Michelle Obama.
AFSCME President Lee Saunders issued the following statement in response to President Obamas State
of the Union Address:
"Tonight, President Obama presented a comprehensive plan to move our country forward, create jobs and
protect vital services for millions of Americans, with a focus on meaningful economic opportunity. Too often,
opportunity comes with an inadequate wage for those who are unemployed and that exacerbates income
inequality in our nation. Earlier today the President took the first step to address this issue by raising the mini-
mum wage for new government contract workers through executive order. Now, Congress must heed his call
and we must raise the minimum wage so that all Americans may live and prosper, not live in poverty.
We hope that the Congress will work with the President to take other steps to address the growing income
inequality that hampers meaningful economic recovery in our country. This is the defining challenge of our time
and we must rise together to meet it.
Combatting income inequality also means empowering workers to bargain for better pay and secure benefits.
When unions are strong, all workers benefit. Sadly, the nationwide attacks on collective bargaining persist, as
deep-pocketed, anti-worker forces systematically target unions. Their efforts to undo collective bargaining weak-
en all workers."
As of December 28, 1.3 million
Americans immediately lost all their
unemployment insurance when the
Emergency Unemployment
Compensation program expired. The
result? 1.6 million Americans are strug-
gling to put food on the table, heat their
homes and pay their bills weeks after
they lost this lifeline. If Congress does
not act now, 3.6 million more people
could lose benefits in 2014. In a
speech on the House floor, U.S. Rep.
Gary Peters (D-District 14) called on his
colleagues to put aside partisan politics,
and come together to do the right thing
for Michigan families, families across
the country and for the economy.
The National Labor Relations Board (NLRB)
has proposed rules that would allow unions to
hold workplace elections more quickly by simpli-
fying procedures, setting shorter deadlines and
requiring businesses to hand over lists of
employee phone numbers and emails to union
leaders before an election. The NLRB approved
similar rules more than two years ago, but busi-
ness groups challenged them in court and a federal judge ruled in
2012 that the NLRB failed to follow proper voting procedures. The
judge left the door open for the NLRB to try again which they did on
Feb. 5 with three Democrat members approving and two Republicans
opposed.
The NLRB said in a statement that the proposed rules are aimed at
modernizing processes, enhancing transparency and eliminating
unnecessary litigation and delay. Businesses are opposed to the new
rules because they say the shorter time frames wont give employers
enough of a chance to counter union organizers. Most labor elections
take place within 45-60 days after a union gathers enough signatures
to file a petition. The new rules could significantly cut that time.
The NLRB will review all of the comments filed in response to the
proposed rules and allow 60 days for the public to submit new
comments.
www.msea.org 9
NATIONAL NEWS
We Must Address Income Inequality in America
--We need an economy that works for everyone, not just the wealthy few.
--There is a lack of opportunity for working people and the system is rigged in favor of
the powerful. It's not that Americans are jealous of those who are successful, we are
angry about abuse of power by those at the top.
--When unions are strong, all workers benefit. Sadly, the nationwide attacks on collective
bargaining persist, as deep-pocketed, anti-worker forces systematically target unions.
--America is the land of opportunity. We must ensure that the playing field is leveled so
that the middle class does not continue to suffer while the rich get richer.
--The absence of collective bargaining leads to greater wage inequality.
--On average, employees represented by a union make about $200 more per week than
their non-unionized counterparts.
--In "Right-to-Work" states, where employees cannot be required to pay union dues as a condition of their
employment, workers get paid less than the rest of the U.S.
--Thirty years ago, workers claimed over 60 percent of national income. If such were the case today, the 120 mil-
lion American workers employed in the private sector would have received over $5,000 extra per worker.
--Collective bargaining also lifts wages and benefits for those not directly covered.
--For women, if union participation had remained at the same level as 30 years ago, wage inequality among
women in the private sector today would be reduced by 30 percent.
--For African-American men in the same scenario, their annual income would have seen an increase of approxi-
mately $2,600 a year.
--Union decline explains one third of the growth in inequality--an effect equal to the growing stratification of how
much people earn based on their level of education.
--Unions have the power to reshape income inequality by negotiating better wages, benefits and hours.
--When unions are strong, there is greater civic support for crucial programs such as quality, affordable health
care and pension plans. There is also a significantly reduced risk of workers living at the poverty line.
Controversy is building over a U.S.
Postal Service (USPS) trial program,
called the Retail Partner Expansion,
that began in November 2013 in 80
Staples stores across the country. The
program staffs postal counters in
Staples stores with non-postal employ-
ees. The deal threatens good-paying
union jobs and jeopardizes public post
offices. The American Postal Workers
Union (APWU) is demanding that postal
employees be assigned to perform the
postal work at Staples stores. If Staples
and the USPS refuse, the APWU will
ask customers to take their business
elsewhere.
A leaked PowerPoint presentation provides
Walmart managers with talking points to dis-
courage workers from joining a union. The
PowerPoint instructs managers to remind
workers that union-backed groups arent trying to help them--theyre
just looking to take their money. The United Commercial Food Workers
(UCFW) union has played a big role in attempting to organize Walmart
workers. The UCFW has called attention to Walmarts low pay and
poor working conditions. They say that if Walmart and other low-wage
workers dont have the right to organize, theyll never escape the tense
work environment that makes them afraid to speak up.
The Lilly Ledbetter Fair Pay Act of 2009 was the
first bill signed into law by President Barack
Obama on Jan. 29, 2009. The law is named after
a woman who discovered that her employer,
Goodyear, was paying her less than men doing the
same job. To make sure that people can effective-
ly challenge unequal pay, the Act amends the Civil
Rights Act of 1964 so that unfair pay complaints
can be filed within 180 days of a discriminatory paycheck--and that 180
days resets after each paycheck is issued.
It is important in our country that we are paid equitably and fairly,
Lilly Ledbetter said. It is a family affair to be paid properly. Its the dif-
ference between paying tuition, your mortgage or putting food on your
table.
AFSCME President
Lee Saunders
RIGHT-TO-WORK
10 MSEA NEWS JAN/FEB 2014
We must guard against being
fooled by false slogans, such
as Right to Work.
It is a law to rob us of our civil rights
and job rights. Its purpose is to
destroy labor unions and the free-
dom of collective bargaining.
Wherever these laws have been
passed, wages are lower, job oppor-
tunities are fewer and there are no
civil rights. We do not intend to let
them do this to us.
--The Rev. Martin Luther King, Jr.
Politico Magazine recently came out with a
new ranking of the 50 states. They compiled 14
different state rankings from sources like the
Census Bureau, the Centers for Disease Control
and Prevention, and the FBI. Important factors
such as high school graduation rates, per capita
income, life expectancy and crime rates were
ranked and then each states rankings were aver-
aged to come up with a master list.
The results suggest the opposite of corporate
claims that Right-to-Work (RTW) states are doing
better than others. According to Politico, 4 of the 5 best states to live in
are non-Right-to-Work. In order, they are New Hampshire, Minnesota,
Vermont, Utah and Massacusetts. RTW states account for 8 of the 10
worst states, and all 5 of the 5 worst states. In order from 46th-50th:
Alabama, Tennessee, Arkansas, Louisiana and Mississippi. Michigan
ranked 36th. University of Oregon labor scholar and EPI research associ-
ate Gordon Lafer points out how there is relatively poor quality of life in
Right-to-Work states, on average, compared to states that dont restrict
union contract rights.
Sen. Arlan Meekhof (R-West Olive) is
sponsoring Senate Bill 0743 which
would make State Bar of Michigan
(SMB) membership optional for
lawyers. Meekhof says whats being
proposed is a reduced payment, so
that lawyers would have to pay for
SBMs enforcement and section fees,
but could skip dues that go toward lob-
bying or political matters. The Michigan
Freedom Fund, a big fan of Right-to-
Work, called on the Legislature to act
quickly on the bill. However, the SBM
said in a statement that mandatory bar
association was good for taxpayers
and the most cost-effective way to
regulate the legal profession and pro-
tect the public. The bill has been
referred to Senate Majority Leader
Randy Richardvilles Government
Operations Committee. The State Bar
has also asked the Michigan Supreme
Court to examine the issue. A report is
expected by June 2014.
MICHIGAN UNION MEMBERS HOLD STRONG IN 2013
In its annual report on the subject, the U.S. Bureau of Labor Statistics
found that Michigans union membership increased by 4,000 in 2013,
although the percentage of workers who are members of unions was
down slightly from 16.6 to 16.3 percent.
In spite of repeated attacks on working people and their right to
organize by Gov. Snyder and Republicans in the statehouse,
Michigan workers recognize the value of union membership, said
Michigan State AFL-CIO President Karla Swift. Collective bargaining
is the backbone of the middle class and workers in our state will con-
tinue to come together and raise their voices on the job.
Swift said the numbers are proof that organized labor is holding
strong in spite of the 2012 passage of Right-to-Work legislation,
which makes union membership optional.
Michigan ranks sixth among the states for the percentage of its work-
ers in a union. New York has the largest percentage of its workforce
in a union at 24.2 percent, followed by Alaska (23.1 percent), Hawaii
(22.1 percent), Washington (18.9 percent) and Rhode Island (16.9
percent). North Carolina has the lowest at 3 percent.
The full impact of Michigans RTW law hasnt been felt yet. The law
didnt affect existing contracts and many unions extended contracts
before the law took effect in late March 2013.
www.msea.org 11
White Shirt Day has been celebrated in Flint every Feb. 11 since 1948
to mark the end of the Sit Down Strike of 1936-37. On Feb. 11, 1937,
General Motors agreed, for the first time, that it would recognize the
United Auto Workers (UAW) as bargaining agent for its hourly workers.
The agreement came after a historic 44-day strike that began in Flint and
ultimately affected 150,000 workers and closed more than 60 plants in 14
states. Workers wear white shirts to send the message that blue-collar
workers deserve the same respect as their management counterparts.
This year, about 400 workers rallied at UAW Local 599 in Flint and
spoke out against Michigans Right-to-Work law and how it affects unions
and families. Democratic candidate for governor Mark Schauer got loud
applause for his remarks at the rally: I stand before you today on White
Shirt Day--the son of a teacher and the son of a nurse--and a proud card
carrying, dues paying union member. The best way to stand up for whats right is by sitting down. This day is
about looking forward toward a better future.
The National Right to Work
Committee (NRTWC) has asked
the U.S. Supreme Court to hold
that public employee unions are
unconstitutional. Clients of the
NRTWC are home care providers
paid by the state of Illinois with
federal state Medicaid funds.
Though they get state pay-
checks, theyre selected and supervised by the families
they serve. But the NRTWC lawyers have asked the
Court to hold that permitting unions to collect fees for
representing non-members, the so-called agency fee,
violates the First Amendment. The argument against
public-sector agency fees is this: Since public employ-
ees work for government, everything they bargain
about is political. Higher wages, better benefits, new
work rules--all affect the state budget. Assessing fees
from non-members thus requires them to pay for politi-
cal speech. All the expenses, in other words, are non-
chargeable.
The four Democratic Court appointees referenced
35 years of labor law as precedent. U.S. Justice
Stephen Breyer suggested that the NRTWC wants the
Court to:
1. Hold that public employees cannot have unions or
2. Their unions can exist, but cant bargain about
wages and benefits or
3. The courts of the United States are going to fashion,
using the First Amendment as their weapon, a new
special labor law for government employees.
Millions of public employees are watching this case
closely--collective bargaining rights are in jeopardy.
--edited from The Atlantic
The Michigan Supreme
Court will consider whether
or not Michigans Right-to-
Work (RTW) law applies to
state employees and if
employees hired before
1997 can be required to
make contributions to their
pensions. The Coalition of
State Employee Unions is challenging the RTW law.
The unions had asked the Michigan Supreme Court to
take up the case last September after a divided panel
of the Michigan Court of Appeals upheld the law.
Union attorneys had argued the Michigan Civil Service
Commission (CSC) has exclusive authority to set
employment conditions for state workers and legisla-
tors overstepped their constitutional bounds in applying
the law to state employees.
Justices will hear the case the same day they take
up a challenge to a 2011 law which made changes to
the states employee pension system. Unions won a
partial victory last August when the Michigan Court of
Appeals concluded that a provision of the law requiring
state employees hired before April 1997 to contribute 4
percent to their retirement or switch to a 401(k) was
unconstitutional. The Court of Appeals declined to
strike down the entire law, instead asking the trial court
to consider if that provision could be removed from the
law without affecting the entire statute. Attorneys rep-
resenting the state appealed the decision to the
Michigan Supreme Court.
The Court plans to hear the two cases together
because both involve the constitutional authority of the
Civil Service Commission. An argument date has not
yet been scheduled by the court.
RIGHT-TO-WORK
12 MSEA NEWS JAN/FEB 2014
On January 15, the Civil Service Commission
(CSC) gave state employees a slap in the face,
according to Commissioner Robert Swanson.
Members of the CSC voted 3-1 to approve state
employee contracts which had been extended since
their meeting on Dec. 18, 2013, when the CSC dead-
locked on the impasse panels recommendations.
Swanson said it was a travesty, and explained that
he was reluctantly changing his No vote to Yes
because it would be far worse to leave state employ-
ees with no contracts and no pay increases if the
impasse panels recommendations werent approved.
Commissioner Charles Blockett remained a No vote
as he was in December.
During contract negotiations, the Employer was
focused on wringing still more health care concessions
out of state employees, said MSEA President Ken
Moore, noting that the state is expecting a projected
$1.2 billion budget surplus.
Michigan is fortunate to have such a highly skilled
and dedicated workforce, said Swanson. State
employees have stepped up time and again. And
contrary to what the Employer is saying, the State
Budget Director has indicated this isnt just a one-time
surplus.
Commissioner Swanson expressed his disappint-
ment with the negotiations and the failure of the
Employer to reach agreement with state employee
unions. Coalition spokesperson and UAW Vice
President Cindy Estrada, and Office of the State
Employer (OSE) Director Jan Winters gave conflicting
testimony to the CSC about health care spending
costs.
The Commissions vote came after they gave the
parties time to confer after reviewing hard health care
data that wasnt available during bargaining and
impasse proceedings despite the unions repeated
requests for the data. Those discussions broke down
when the Governors bargaining representative refused
to consider other health care options even though Blue
Cross Blue Shield data showed no need for conces-
sions. Union bargaining proposals to save an estimat-
ed $24 million in health care costs through wellness
and managed therapy programs were also ignored.
Commissioner Charles Blockett refused to change
his No vote and indignantly said it was shameful for
the administration to want state employees to pay
more money for their health insurance.
Since 1980, state employees have taken furlough
days and endured pay freezes. Now, when we have a
huge surplus, were asking them to sacrifice again by
drastically increasing their health care costs.
MSEA President Ken Moore and legal counsel
Brandon Zuk also testified about MSEAs contract.
There were a large number of oustanding issues.
We received minimal cooperation from the Employer at
the bargaining table, Moore told the CSC.
If the Governor really wanted to save taxpayers
money, he would work with our members to tackle the
areas we outlined for him in our Pure Michigan Waste
report, said Bill Ruhf, president of SEIU Local 517M,
referring to research conducted by economists for the
unions and published in October. The Governor
needs to stop attacking people who work on the front
lines of state government.
Were tired of our members being hammered at
the bargaining table, said Moore. There is no justice
in this decision.
WHAT IT MEANS
Approval of the two-year contracts means that approx-
imately 32,000 state employees will get a 2% base-
wage increase in 2014 and 2015, plus a one-time
lump sum payment of .5% awarded next year. It also
means that all state employees will move into a new
health care plan which new hires began entering into
in 2010. Unions were opposed because it drastically
increases out-of-pocket costs for services like doctor
visits. The impasse panel recommendations which
were passed by the Civil Service Commission (CSC)
are posted on the MSEA website for registered users.
Under Member Menu, click on the left tab entitled,
Contracts to view:
1. Impasse Panel Recommended Health Plan
2. Impasse Panel Unit Specific Recommendation,
Contract Term Jan. 1, 2014 - Dec. 31, 2015
3. Impasse Panel Recommendation,
Contract Term Jan. 1, 2014 - Dec. 31, 2015
At their Jan. 15 meeting, The CSC agreed to extend
the State Labor Unions secondary contracts for up to
12 months pending secondary negotiations under the
Approved CBA, as provided in Rule 6-9.7(b)(2).
Current secondary contracts are posted on the MSEA
website at www.msea.org.
IN THE FACE
www.msea.org 13
Its extremely disheartening that the Snyder Administration continues to attack our states
valued public employees as an endless source of revenue. This hardly seems like shared
sacrifice to take more money away from Michigan workers in light of scandalous salaries
being paid to Treasury executives, including former employees, and on the eve of Snyders big
night (State-of-the State address) where he plans to shout from the rooftops about the states
big surplus. --Senate Minority Leader Gretchen Whitmer
THE CIVIL SERVICE COMMISSION...
is a bipartisan, four-member body, appointed by the Governor.
Commissioner
Thomas M. Wardrop, Chair
An attorney and partner with
Wardrop and Wardrop, P.C.
in Grand Rapids. Wardrop
was appointed to the CSC
as an independent and
voted in favor of the con-
tracts. His term expires
Dec. 31, 2016.
Commissioner
James Barrett
Barrett was the president
and chief executive officer
of the Michigan Chamber of
Commerce for 32 years.
He is a Republican and
voted in favor of the con-
tracts. His term expires
Dec. 31, 2020.
Commissioner
Charles Blockett, Jr.
Blockett has 45 years of
experience in human
resource administration,
including 15 years as direc-
tor of the State of Michigans
selection and/or classifica-
tion system for state employ-
ees. He owns a personnel-
executive search firm.
Blockett was appointed to
the CSC as an independent
and voted against the con-
tracts. His term expires
Dec. 31, 2014.
Commissioner
Robert W. Swanson
Has more than 34 years of
state and local government
service in the state of
Michigan. He retired in
2007 from the Dept. of
Labor and Economic
Growth (DLEG) where he
had been Deputy Director.
He is a Democrat who ini-
tially voted No, but
changed his vote due to
concerns about state
employees working without
a contract. His term
expires Dec. 31, 2018.
14 MSEA NEWS JAN/FEB 2014
OUTSOURCING
Democrats are demanding an independent investigation into the
escape of four-time convicted murderer Michael David Elliot from the
Ionia Correctional Facility on Sunday, Feb. 2. After escaping from the
Ionia facility, Elliot, who was armed with a box cutter and hammer, car-
jacked a local woman and drove south. She drove him to Middlebury,
Ind., where she was able to call 911 around midnight while locked in a
Marathon gas station bathroom. The pursuit of Elliot ended when he
led LaPorte County deputies into a rural area where authorities
deployed stop sticks shortly before 5:30 pm on Monday. Elliot
attempted to run from his disabled vehicle, but was captured by
police. No one was injured during the pursuit. Elliot has refused to
waive extradition and is being held in Indiana on a $1 million bond.
He is charged with auto theft in Indiana, as well as carjacking, kidnap-
ping and escape in Michigan.
Elliot was serving life in prison without parole for fatally shooting
four people and burning down their Gladwin County house in 1993
when he was 20 years old. He and his accomplices were trying to
steal money from a drug dealer at the time police said.
The Michigan Dept. of Corrections (MDOC) has suspended two employees--a shift commander and a cor-
rections officer--as the investigation continues. The employees are on suspension during the investigation which
is supposed to conclude in about a week. The Michigan Corrections Organization (MCO) represents the sus-
pended corrections officer. Republican Attorney General Bill Scheutte is also investigating the escape at the
request of Gov. Rick Snyder. However, House Democratic Leader Tim Greimel (D-Auburn Hills) and state Rep.
Collene Lamonte (D-Montague) have called for an independent investigation into the escape that is free of polit-
ical bias because they say Republicans who control state government cant be trusted to fairly assess whether
budget cuts contributed to the escape. Democrats have questioned if Republican-backed cuts to perimeter
patrols and manned gun towers factored into the escape. The state denies that cutbacks had a role. However,
MCO had raised security issues with the private food service contractor Aramark in a letter to MDOC last month,
which were not addressed by the department. DOC spokesperson Russ Marlan said the escape was not to be
blamed on budget issues or the recent privatization of food services at Michigan prisons.
Elliot made his one phone call to the Detroit Free Press to discuss his escape with the newspaper. In an
exclusive interview, he told the Freep that hed been planning the escape for months. He wore layered white
thermals underneath his blue jail uniform so he could blend into the snow outside the prison facility. He even
had white shoes, white gloves and a white ski mask. Once outside, he took off his jail uniform, dived into the
snow, crawled to a fence and went under it. Elliot said it took at least 30 minutes to escape and another hour to
run to the city of Ionia where he started looking for a car to steal. Court records show that Elliot began his
escape at 6 pm Sunday and was out of the facility by 6:53 pm. Corrections officers noticed Elliot was missing
around 9:15 pm during a prisoner count.
DEMOCRATS DEMAND INDEPENDENT INVESTIGATION INTO PRISON BREAK
A guard tower at the Ionia Correctional
Facility on Feb. 3, 2014. (AP Photo/The
Grand Rapids Press, Chris Clark)
The Michigan Corrections Organization (MCO) sent a letter in January to the Dept. of
Corrections, expressing concerns about safety due to the outsourcing of food services in state
prisons to Philadelphia corporate giant Aramark. Aramark was approved as the vendor to pro-
vide food services for Michigan prisons in the fall of 2013, replacing state workers with private
workers. The outsourcing was effective Dec. 1. Republicans in the state legislature claim it will
save the state 17 percent in its food services budget.
The letter says Aramark employees have a disregard for security, including issues like over-
familiarity complaints, contraband issues (and) tons of no-call/no-shows. Additional issues listed by MCO included:
--Aramark employees not locking the off-limits cutting room and allowing inmates to go into the tool locker with them at
the Ionia Correctional Facility.
--Aramark employees accusing corrections officers of harassment after they documented food complaints from
inmates.
--Black inmates serving food and white inmates cleaning tables at the Handlon Correctional Facility, which MCO said
caused needless tension in the chow hall.
www.msea.org 15
CAPITOL WATCH
A petition drive for a part-
time Legislature was
approved by the State Board
of Canvassers on Feb. 6.
The Committee to Restore
Michigans Part-Time
Legislature, led by conserva-
tives and Tea Party activists
in West Michigan, will attempt to collect 400,000 signa-
tures by June in order to put a constitutional amend-
ment in front of voters this November. It would also
require disclosure of all state payments to legislators,
the posting of all bills on the Internet five days before
adoption and a 250-person limit on legislative staff.
The amendment would suspend executive actions
when the legislature is not in session. It would cut leg-
islative sessions to 60 days a year and cut legislators
pay in about half to $35,000 per year from their current
$71,000 per year. Currently, the Michigan Legislature
has a budget of $144.4 million and employs more than
700 people. There are only four full-time legislatures in
the country: California, Michigan, New York and
Pennsylvania.
We believe Michigans former 1963 amendment,
which adopted our present full-time legislature, has led
to the over-regulation and over-taxation of Michigans
residents and businesses, said the groups chair,
Norm Kammeraad. This has resulted in the decline
and economic hardship for all of Michigan over the
past 50 years.
Michigan United launched its Raise Michigan campaign on Feb. 8 at the
Communications Workers of America Local 4100 headquarters in Detroit to
secure a spot on the Nov. 4 ballot for an increase in the minimum wage.
After language is approved by the Board of Canvassers, Raise Michigan will
need to collect 258,088 valid signatures of Michigan registered voters and sub-
mit them to qualify the question for the November 2014 election. Proposed
ballot language would raise the minimum wage in Michigan to $9.50 an hour by
2016. Michigans minimum wage is currently $7.40 per hour; the federal minimum wage is $7.25. The last min-
imum wage increase in Michigan was 2008 when the minimum wage went from $7.15 to $7.40. There are three
proposed bills in the state Legislature, all sponsored by Democrats, calling for an increase in the wage to either
$9 or $10 per hour. Minimum wage workers are mostly women, disproportionately of color and in service indus-
tries where theres no way up or out. Michigans business community is strongly opposed to any increase in the
minimum wage.
Raising the minimum wage would help bring thousands of families out of poverty, bring a much-needed
boost to our local economies and help people create a better future for workers and their families, said Lonnie
Scott, executive director of Progress Michigan.
Some Michigan legislators are pushing for a balanced budget amendment which
would require that Congress call a convention of the states specifically to
propose a balanced budget amendment to the U.S. Constitution. If 34 states took
that step, a convention of the states would be able to propose an amendment that
could be ratified with the approval of 38 states. Under the Michigan proposal, the
federal government would be required to make sure its spending in a year doesnt
exceed its revenues unless theres a national emergency. Gov. Rick Snyder
supports the effort and according to one tally, about 20 states have sent in
requests already. But because the convention-of-the-states process is relatively
new ground, there are questions about how similar the proposals from the states
have to be to force Congress to call the convention.
Nick Ciaramitaro, AFSCME Director of Legislation and Public Policy, believes its
a really bad idea. His analysis of Michigan resolutions HJR V V and SCR C, which
call for a United States Constitutional Convention, is posted under the United
Voices tab on the MSEA website (www.msea.org).
If you open up the U.S. Constitution for one change, you open it up for a lot of tinkering, potential mischief
and a run-away convention, said Ciaramitaro.
Charles Ballard, professor of economics at Michigan State University, said it could make economic problems
a lot worse by turning a recession into a catastrophic downturn.
HEROES
AMONG US
They stepped forward to volunteer in a
dangerous situation and two lives were saved as a
result. All in a days work for the DNR park rangers
who braved blizzard conditions and hostile terrain
to rescue a pair of snowmobilers who were lost for
more than 24 hours in the Porcupine Mountains
Wilderness State Park, located in a remote area of
the Upper Peninsula.
The drama began on the afternoon of Sunday,
January 26, when Benjamin M. Jenney Sr. and
Benjamin M. Jenney Jr., a father and son from
Albertville, Minn., became stranded after their
snowmobiles got stuck in the deep snow and also
broke through the ice on the Little Iron River.
Porcupine Mountains Wilderness State Park is
pretty much a dead zone for cell phones, but there
are pockets of reception and the pair was able to send
several text messages to family, relaying their situation.
The cold weather drains batteries and quite early on,
their cell phones quit working, said DNR Lead Ranger
David Merk.
Family members and friends tried to look for the pair,
but the weather conditions were hazardous and getting
worse with four foot deep snow and drifts topping 6 feet.
Wind chills were 40 degrees below zero.
Using geo-location data attached to the text messages,
Michigan State Police and the Civil Air Patrol identified a
remote four-square-mile area where the snowmobilers
were last known to be, allowing the DNR ranger team to
begin a coordinated search and rescue effort along the
Little Iron River corridor Monday morning.
We tried to get in there with snowmobiles, but the
snow was so deep they were all getting stuck, so we had
to go in using snowshoes, said DNR Ranger Emily
Pleiness.
What they likely wont tell you is that they all volun-
teered to go in on snowshoes, said Bill Doan, Western
Upper Peninsula District Supervisor. This was a real
team effort on behalf of all the Porkies staff. The DNR
rangers are a modest bunch, but if they hadnt volun-
teered, theres little doubt the two snowmobilers would
not have made it another night in the woods.
The group agreed that DNR
Ranger Justin Farley covered the
most miles, spending more than
eight hours searching off-trail on
snowshoes in the blinding blizzard.
I honestly didnt think we were
going to find them alive, said
Farley. They had no food and no
fire and spent the night outside in
soaking wet clothes because they
kept breaking through the ice. The
river is always moving, so its hard
to freeze. The snow acts as an insulator.
The Jenneys hunkered down in snowbanks for 10
minutes and would then try to walk--all night long. The
DNR rangers found them at approximately 2 pm on
Monday.
They were really tired, said Pleiness. Their coordi-
nation wasnt so good and hypothermia had set in. It
took all of us to help them up the river bank.
The Jenneys were given water, food, blankets and
gloves since their gloves had frozen into a solid block of
ice. They were taken to the residence of retired DNR park
ranger and long-time MSEA member Don Harris. Then
ambulances took them to a hospital in Ontonagon.
Don helped us figure out where to look for them since
he lives in the area, said Merk.
Doan emphasized that the Park Rangers were sup-
ported by a multitude of other agencies, including the
Ontonagon County Sheriff Dept., Ont. Co. CERT, SONCO
Ambulance, Michigan State Police, USFS Law Division,
DNR Law, U.S. Coast Guard, Civil Air Patrol and U.S. Air
Force. Without the support and assistance of these
agencies, we could not have done what we did.
Farley says the pair is very lucky. The best
adventure is the one you live to tell about.
A snow plow is dwarfed by the drifts in
Ironwood, Mich.--photo courtesy Ken Moore
(l-r): William Doan, Western Upper Peninsula District Supervisor;
David Merk, Parks and Rec Lead Ranger (I DNR); and Parks and
Rec Rangers Emily Pleiness, Justin Farley and ONeil (Jimmy)
Newkirk (all I DNR). --photo courtesy Bob Wild, DNR Park Interpreter
Benjamin M. Jenney, 40, and his son,
Benjamin M. Jenney Jr., 19, from Albertville,
Minn., survived a night in a blizzard near the
Porcupine Mountains. They are shown in a
Fox TV-6 Marquette photo in a hospital
room after the ordeal.
16 MSEA NEWS JAN/FEB 2014
MOTOR CARRIER OFFICER
OF THE YEAR
Alan Oosterbaan (VII MSP) of the Coldwater Post is
the recipient of the 2013 Motor Carrier Officer of the Year
Award. He received the award at a special ceremony in
Lansing on January 16.
The Motor Carrier Officer of the Year award, spon-
sored by the Michigan Trucking Association since 1985,
recognizes the Michigan State Police (MSP) motor carrier
officer who symbolizes outstanding professional ethics,
dedication to duty and concern for giving back to their
community.
Motor Carrier Officer Oosterbaans dedication and
knowledge in commercial vehicle enforcement makes him
an excellent selection to receive this honor, said MSP
Director Col. Kriste Kibbey Etue. He exceeds expecta-
tions and delivers excellent service to citizens, while on
and off the job.
Motor carrier officers are armed, uniformed members
of the MSP Commercial Vehicle Enforcement Division
with the task of enforcing traffic safety laws on commer-
cial vehicles, checking for vehicle weight restrictions and
conducting vehicle and driver inspections. They also
assist the Dept. of Homeland Security with enforcing haz-
ardous materials regulations.
When talking to anyone you come in contact with,
you look for things that stand out and just dont seem
right, said Oosterbaan.
A motor carrier officer is a specialized job, he contin-
ued. There are many laws, rules and regulations that
commercial vehicles are required to follow. Knowing who
and how they apply can be challenging. Also, completing
a Level 1 safety inspection requires you to be on a
creeper underneath the vehicle--Ive done this in blizzard
conditions and its definitely challenging.
He notes that during the winter, people in general,
including commercial vehicle drivers, drive too fast for the
weather conditions and end up in the ditch...or worse.
Trucks can weigh over 160,000 pounds, and its bad
news if that gets out of control, said Oosterbaan. The
highway also can become so slick that they have trouble
making it up hills.
One memorable situation occurred when Oosterbaan
was still new and his performance was being evaluated
on a daily basis. He was part of the Jackson Post and
was working the West-bound Grass Lake scale with his
MCO Training Officer.
I had a semi stopped behind the scale for a wheel-
base violation. I was in my patrol vehicle, in the process
of writing the driver a citation, when I smelled smoke. I
looked up and there was smoke billowing from under the
hood of the vehicle. The driver had jumped out of his
truck and was running toward me shouting that his truck
was on fire. I instructed him to grab his fire extinguisher
and attempt to put out the fire. I then had the driver get
into my vehicle and we backed to a safer distance. I
called out to dispatch that I had a truck that was on fire
and I would be needing the assistance of the fire depart-
ment. By the time they arrived, the truck was fully
engulfed in flames, and we had backed even further
away from the burning vehicle. The driver explained that
he had heard a loud pop and that he may have had some
sort of electrical problem. He had also just filled up both
gas tanks. In the end, there wasnt much left of the truck
other than the engine, smoke stack and frame of the trail-
er. I used some discretion and decided, in the end, not to
write the driver the ticket.
Oosterbaan is known for his outstanding work per-
formance, knowledge and training. He serves as a field
training officer responsible for guiding incoming officers
and is a tactical combat casualty care instructor. He has
completed advanced training in his area of expertise
including Advanced Roadside Impaired Driving
Enforcement and stolen commercial vehicle identification
training. Oosterbaan graduated from the 17th Motor
Carrier Recruit School in November 2011. He was first
assigned to the Jackson Post and then transferred to the
Coldwater Post in 2012. He is currently assigned to the
MSP Fifth District Hometown Security Team in southwest
Michigan.
Oosterbaan is a veteran of the Army National Guard,
where he served as a combat medic. He served one tour
of duty in Afghanistan in 2009, with the 1431st Engineer
Company of Calumet.
Many men and women have sacrificed a lot, said
Oosterbaan. Not everyone gets to come home. The
thing that helps you cope the most is the people around
you. We trained together before we were deployed, and
formed bonds, friendships and trust. When things hit
the fan, you knew that the guy next to you had your back.
I was lucky to be deployed with an amazing group of
guys.
Oosterbaan is a graduate of Unity Christian School in
Hudsonville and Lansing Community College, where he
earned an associates degree in fire science/emergency
medical services. He lives in Battle Creek with his wife
Amy, daughter Kayla and new baby son Foster.
(l-r): MSP Director Col. Kriste Kibbey Etue; Motor Carrier
Officer of the Year, Alan Oosterbaan; and Lawrence Fennell,
President, Michigan Trucking Association.
www.msea.org 17
RETIREES
18 MSEA NEWS JAN/FEB 2014
House Bill 5219 was introduced in January by Rep.
Scott Dianda (D-Calumet), and calls for the repeal of
Michigans new pension tax. The pension tax was
voted into law by the Republican legislature in 2011
and first negatively impacted seniors filing their tax
returns last year. Under the current law, the tax treat-
ment of retirement income is largely based on the age
of the taxpayer and affects anyone who was born in or
after 1946. For married taxpayers, retirement/pension
deductions are based on the oldest spouse.
Exemptions can be claimed for up to $20,000 for a sin-
gle filer and up to $40,000 for joint filers.
The new tax is being deducted from pension and
retirement benefit distributions, including IRAs, annu-
ities, profit-sharing, stock bonuses and any other
deferred compensation plan or certain life insurance
contracts issued by life insurance companies.
Punishing seniors who are already struggling to
make ends meet is wrong,
Dianda said in an interview with
The Daily Mining Gazette. The
pension tax has made life difficult
for a lot of seniors in the U.P.
who have worked hard their
whole lives and are now surviving
off a fixed income. I will do
everything in my power to see
that its repealed.
House Democrats have
introduced a number of proposals
aiming to undo the heavy tax burden Lansing
Republicans put on Michigans middle-class families
and seniors. They include measures to restore the
Homestead Property Tax Credit, increase the Earned
Income Tax Credit (EITC), require employers to inform
workers about the EITC, restore the $600 per child
deduction and ban businesses from deducting the
expense of moving jobs out of the state.
However, Gov. Rick Snyder has said he has no
plans to reconsider the pension tax. Michigan has a
large budget surplus, but Snyder told The Detroit
News that revisiting the 2012 tax is not on his radar.
He calls it an issue of fairness, saying pensions
shouldnt be treated differently for tax purposes than
other retirement income. Instead, Snyder says hes
looking at increasing the personal tax exemption on
the first $4,000 of income.
The pension tax is one of the leading issues of the
2014 election season. Former Congressman Mark
Schauer (D) is hoping to challenge Snyder in the
November general election. He blasted the Snyder
Retirement Tax on Feb. 3 as the governor launched
his re-election campaign with events throughout the
state. About 50 protesters organized by the Michigan
Democratic Party rallied outside the corporate head-
quarters of Two Men and a Truck in Lansing, one of
Snyders kick-off campaign stops (below).
Rep. Scott Dianda
(D-Calumet)
Democrats Trying to Repeal Michigans Pension Tax
Court of Appeals Upholds MPSERS Reforms
The Michigan Court of Appeals on January 15 unanimously
upheld the 2012 law that reformed the Michigan Public
School Employees Retirement System (MPSERS). AFT
President David Hecker released the following statement on
the ruling: ...Republicans appear bent on pulling the rug out
from under the women and men who have devoted their lives
to educating our children, breaking the promises made to
them by the state for decades...we need leaders who will
promote a secure retirement for Michigans working fami-
lies--not take it away from them.
AG Wants Ruling to Protect Detroit Pensions
Attorney General Bill Schuette has asked the 6th Circuit
Court of Appeals for a quick ruling on whether
Michigans constitution protects pensions in Detroits
bankruptcy case. Schuette said the state constitution
prevents cuts to retiree pensions. That contradicts a
ruling by U.S. Bankruptcy Judge Steven Rhodes who
said vested retiree pensions could be cut in federal
bankruptcy court like other contracts. The pension ruling
needs to be addressed while mediation is underway,
according to the January 27 filing.
MSEA BASIC STEWARD TRAINING: WEDNESDAY, MARCH 26 & THURSDAY, MARCH 27, 2014
MSEA ADVANCED STEWARD TRAINING: FRIDAY, MARCH 28 & SATURDAY, MARCH 29, 2014
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5 p.m. on Monday, March 10, 2014, with the number of days you would like to use.
NO TIME WILL BE REQUESTED AFTER MONDAY, MARCH 10, 2014!
BRING THE CURRENT CONTRACT, SECONDARY CONTRACT, PAPER & PEN WITH YOU TO TRAINING.
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BASIC STEWARD TRAINING: WEDNESDAY, MARCH 26 & THURSDAY, MARCH 27, 2014 ____________
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NOTE: IF YOU DON'T NOTIFY MSEA AND ARE A NO-SHOW, YOU WILL BE CHARGED FOR THE ROOM!
Name:__________________________________________________________________________
Address:________________________________________________________________________
City, State, Zip Code:______________________________________________________________
Department:_______________________________Worksite:_______________________________
Shift ( 1 2 3 ): Circle appropriate. Number of hours in shift: ( 8 10 ) Circle appropriate.
Work Phone:( )___________________________________________________
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RETURN THIS FORM BY 5 PM ON MONDAY, MARCH 10, 2014, TO:
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MSEA News
Michigan State Employees Association
AFSCME Local 5 - AFL-CIO
6035 Executive Dr., Suite 104
Lansing, MI 48911
PERIODICAL POSTAGE
PAID
LANSING, MI
ay 3,
Pete Seeger, legendary banjo player, singer-songwriter-activist and
friend to the labor movement, died at age 94 on January 27, 2014.
Seeger marched and performed at hundreds of rallies for different
unions over the years. Seegers involvement in the labor move-
ment began decades ago, when he worked with the Congress of
Industrial Organizations in the 1940s. Seeger joined with folk legend
Woody Guthrie and others to form The Almanac Singers, who in 1941, recorded Talking Union, the first album of
general union songs issued in the United States. The Almanac Singers viewed themselves as singing organiz-
ers, not as entertainers.
Seeger is the only singer in the Rock and Roll Hall of Fame who was convicted of contempt of Congress
where he was accused of being a communist and blacklisted. Seeger and his band, the Weavers, were forced
to cancel tour dates and give up their recording contract. In 1961, his conviction was overturned on appeal, but
Seeger continued to be blacklisted by commercial TV networks until 1967. Seeger also worked hard to promote
the civil rights movement, marching with Dr. Martin Luther King, Jr. and introducing him to the song, We Shall
Overcome.
Seegers 90th birthday party was sold out and held at Madison Square Garden, a fund-raiser for his favorite
local cause: cleaning up New Yorks Hudson River. Scores of musicians attended and Bruce Springsteen intro-
duced Seeger by saying, Hes gonna look a lot like your granddad that wears flannel shirts and funny hats.
Hes gonna look like your granddad if your granddad can kick your ass. At 90, he remains a stealth dagger
through the heart of our countrys illusions about itself. Springsteen persuaded Seeger to sing This Land Is
Your Land with him at President Barack Obamas inaugural concert on the steps of the Lincoln Memorial.
Seeger would help out with any labor cause, no matter how big or small. In 2011, he joined a march in
support of the Occupy Wall Street protests. He was always in the hearts and minds of the rank and file.
THE PEOPLES PETE
May 3, 1919 - January 27, 2014
Hammer of Justice...Bell Of Freedom