July 28, 2010
Union uses attack on longevity bonuses to rally workers
By Keith M. Phaneuf
A major state employee union is using last spring's unsuccessful bid to cancel longevity bonuses for senior, non-union state employees to rally support for its long-running battle to allow managers to bargain collectively.
An affiliate of the Connecticut State Employees Association/Service Employees International Union sent out letters last week to about 2,500 non-union managers reminding them of a March 11 proposal from the House Republican Caucus to cancel about $4.7 million in bonus payments due in April.
"We fought long and hard and succeeded in preserving longevity for managers, for now," reads the letter sent by the Association of Managerial Employees in the Connecticut State Service. Formerly known as the State Managers Association of Connecticut, the affiliate of CSEA/SEIU Local 2001 is not a union itself, but provides representation to its 240 members at disciplinary meetings. "The one way to ensure raises and that no changes are made to longevity payments for managers is to secure the right of collective bargaining for managers."
The association, which also provides assistance to groups of state managers trying to unionize, has been part of a larger battle waged for decades between state administrations and employee unions over the right of managers to bargain collectively.
About 2,500 managers in the state's workforce currently do not belong to unions. Current law establishes several criteria for defining a "manager," including the ability to oversee personnel, to hire and fire staff, to set agency goals, and policy, oversight of a major unit within a department. Employees who meet multiple criteria are deemed managers, a standard union leaders long have argued are vague, and ultimately a poor test for defining management.
A 2001 effort to unionize lieutenants who oversee correction officers within the prison system survived a court challenge from former Gov. John G. Rowland's administration. Five years later Gov. M. Jodi Rell's administration went to court to block state police captains and lieutenants from forming a union. Earlier this year the state Supreme Court tossed out a trial court's ruling that allowed them to bargain collectively, remanding the case back to the trial court.
State employee unions backed legislation last year that not only would have allowed state police captains and lieutenants to unionize, but also would have opened the door for most managers to do so as well. That measure was approved by two legislative committees, but died from inaction on the House calendar when the regular 2010 General Assembly session ended on May 5.
"The reality is there are a lot of positions classified as management that really aren't," CSEA spokesman Matt O'Connor said Wednesday, adding that administrations have used a murky statute to save dollars at the expense of employees who have risen through the ranks. "The merit system within state government is broken. Those workers who have unions have been able to work around that. Those others are stuck."
Those who are "stuck," O'Connor added, are singled out to sacrifice unfairly.
The union spokesman was referring to last spring when state officials were grappling with a $518.4 million deficit projected for an overall budget of $18.64 billion for the 2009-10 fiscal year. Thanks to a $323 million deficit-mitigation plan - which raided $240 million in emergency reserve funds originally assigned to 2010-11- and a last-minute surge in tax revenues, Connecticut finished last year $393 million in the black.
But when the deficit still loomed large, Republicans, who hold 37 out of 151 seats in the House, argued state government couldn't afford the millions of dollars in bonuses it issues most years.
Unionized employees had agreed to a one-year wage freeze in 2009-10 as part of a concession package ratified by the legislature in 2009. Non-union managers also faced a pay freeze in 2009, but labor leaders have argued managers' raises in general haven't kept pace with those granted to union members.
State government issues longevity bonuses in October and April. For non-union workers, the April installment was worth just under $4.7 million.
Republicans weren't alone in backing that cut. Majority Democrats in the state Senate built it into a much-larger deficit-reduction plan that used also tax hikes, spending cuts, and a raid on budget reserves. Rell threatened to veto it and the Democrat-controlled House of Representatives ultimately chose not to run that package.
All parties later negotiated a compromise deficit-mitigation bill that didn't cancel longevity raises or impose tax hikes.
Rep. Craig Miner of Litchfield, ranking House Republican on the Appropriations Committee, said Wednesday that while he would have preferred to see the longevity bonuses canceled as part of a broader package that included more givebacks from all workers - both union and non-union - labor leaders need to start realizing that major sacrifices are needed to resolve the $3.4 billion deficit projected for 2011-12.
"I think some individuals in Hartford do anything they can to create turmoil," Miner said, adding he believes most rank-and-file unionized state workers understand Connecticut faces a fiscal crisis. "They feel just as concerned as I do about the state's position."
But Sen. Tony Guglielmo of Stafford, ranking GOP senator on the Labor & Public Employees Committee, said he favors the legislation that would allow most state managers to bargain collectively.
"As a general rule, I have been in favor of that," he said. "Individuals standing against the state of Connecticut don't have much of a chance."
Guglielmo added that this past spring's effort to cancel longevity bonuses, like many other controversial budget-balancing measures, failed because it was short-sighted - not because it involved asking workers to sacrifice.
"Connecticut still hasn't come up with a plan that deals with our entire deficit and that shares the pain," Guglielmo said, adding that the $3.4 billion shortfall projected for 2011-12 equals nearly one-fifth of all current spending. "So far it's been deferrals and delays. We shouldn't try to single anyone out until we can show people we're really ready to deal with the problem."
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Senator Guglielmo:
"Connecticut still hasn't come up with a plan that deals with our entire deficit and that shares the pain,"
Senator Guglielmo's record on "sharing the pain" is no ideas no proposals, no legislation, just NO. You can't support state workers by just voting no for eighteen years.
Senator Guglielmo voted no on
SB 494 Adjustments to State Expenditures,
SB 1 Tax Code Amendments,
SB 492 Biennium Budget Amendments,
HB 7101 Delaying the Estate and Gift Tax Reduction,
SB 2101 Budget Amendments,
HB 7002 Biennium Budget Financing,
HB 6802 Biennium Budget,
HB 6600 SustiNet Health Insurance Plan and veto override,
HB 6582 Healthcare Partnership and veto override,
SB 1801 Biennium Budget Bill,
SB 1167 Deficit Reduction,
HB 6602 2008-2009 Budget Amendments,
HB 5095 2008-2009 Budget Amendments.
And Senator Gudlielmo voted against,
SB 847 Workers' Compensation
A bill that “...extends the maximum number of weeks of additional workers compensation benefits for partial permanent disabilities a workers compensation commissioner may award after a claimant has exhausted the statutory schedule for regular benefits.”
It looks like the only solutions that Senator Guglielmo offers, year after year, is voting no
There is only one reason CSEA wants the managers and that is for the dues. The unions in state government don't want managers or management making decisions about their members and have always been highly antagonistic--hateful--towards them. Check their testimony before the general assembly over the years--particularly before the Labor and Public Employees committee. They want nobody making a decision about their promotions or candidly evaluating their performance and have done everything they can to prevent the merit system from working (Matt O'Connor's quote showing he has no knowledge of what that actually is in contrast to the statute in the collective bargaining section that defines managers such as to separate them from those to be covered by collective bargaining). Managers have gotten a raw deal in comparison to the union members and salary compression and salary inversion is rampant. That is true. It's time for an administration to embrace this group as their ambassadors and advocates in the workplace--not kick them around. Managers don't want to unionize but they need the backing of the administration. When CSEA sent out their solicitation to join the management group, the vast majority of those letters went flying into the paper recycle bin....most without being opened. The ones that did get opened were getting the content mocked by those who read it.
As a state manager, I do not believe that it's in the best interests of the state for my peers and I to organize. Sure, I'd selfishly love some of the protections that being unionized may offer, but in the long run I feel that it will prove detrimental to the state.
That said, the state does need to address some very real issues within the state’s management ranks that if continued to be left unresolved, may compel managers to support organizing because they feel that no one has their back.
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While the statements above make Sen. Guglielmo appear on the surface to be not bad on labor issues, a deeper look at his positions shows that he fails to support many issues important to workers, including health care and insurance pooling, reducing energy costs, and paid sick leave. Just this session he voted against HB5295, which provides for prescription drug insurance pooling for non-state public employees.
The Senator is in the business of selling private insurance. On issue after issue important to average working people and small business owners he talks a good game but does not follow through. I applaud and agree with his support for collective bargaining for managers. But I urge the SEIU and others to remember how dangerously wrong Sen. Gugliemo is on so many issues that are vital to the working people of Connecticut.