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The Dept. of Corrections, employer to a majority of our Local 2748/PSS members, is seriously interfering with the union's ability to communicate with and represent you, the membership. This state of affairs affects all Local 2748 members, including those people employed by agencies other than Corrections. Many of our DOC stewards have occasion to represent 2748 members in other departments. DOC is trying to impose restrictions on Local 2748 officers and stewards, with their actions intended to place union activity squarely under management surveillance and control.
Local 2748 stewards in DOC are being told that management approval or clearance is necessary before they engage in representing anyone. Management is placing themselves into the position of judging, on a case-by-case basis, whether or not you can utilize the steward of your choice to assist you if you wish to file a contract grievance or if you have been placed under investigation.
These management actions deprive you of your right to the mutual aid and protection guaranteed under state labor law. Local 2748, Council 24, and the unions' attorneys believe that DOC's recent actions are illegal, therefore, we filed another Unfair Labor Practice [ULP] complaint with the Wisconsin Employment Relations Commission [WERC] on January 26, 2005.
Local 2748 previously filed a ULP complaint against DOC [Corcoran vs Grosshans] in early 2002. The heart of that case involved whether or not the employer had the right to interfere with union officers freely communicating with members. WERC heard two full days of testimony on that matter, on August 14 and 15, 2002.
On August 15, 2003, the WERC Examiner issued his decision, ruling that DOC had acted illegally by interfering with protected union rights. DOC was ordered to "cease and desist" from such activity. DOC appealed the Examiner's decision to the full WERC. On July 20, 2004, the full Commission affirmed the Examiner's ruling and they ordered DOC to post compliance "Notice" at a number of specified locations.
DOC's legal options at that point were to either live up to the WERC orders or to appeal further, to Circuit Court. DOC chose to neither comply or to appeal, instead they did nothing.
I brought this matter up at a meeting with DOC management in early September, 2004. Shortly after that meeting, DOC did post the required compliance Notice at some, but not all, of the locations ordered by WERC. In November 2004, the union again complained to WERC about DOC's non-compliance. WERC considered the matter and issued another ruling on January 10, 2005, directing DOC to post the notices as they had previously ordered.
What this means is that for the original ULP case going back to early 2002, the union had now won three WERC decisions. On or about January 13, 2005, DOC finally complied with the posting requirement, by placing the Notice at eight specified locations in Madison DCC offices.
More importantly, and contrary to the intent of WERC's orders, DOC management decided to make another hard run at Local 2748 leadership. DOC mailed a January 5, 2005 letter to me, placing all of my union activities under management surveillance and subject to their "approval." We immediately complained about this illegal interference. DOC's administrative response was to subsequently place all 2748/PSS stewards in DOC under similar management restrictions and control.
These actions toward me as union president and toward DOC 2748 stewards across the board led to the filing of our January 26, 2005 ULP complaint. Since our January 26th complaint was filed management has begun a strong effort to undermine 2748 Vice-President Jeff Johnson.
Living through this situation for the past three years has led me to conclude that the Dept. of Corrections would like to stop us from having a PSS employees union that is independent of management control. WERC decisions highly favorable to the union have been followed by management cracking down on us, rather than complying with the orders issued to them.
Local 2748 leadership remains firm in our resolve to continue representing you to the utmost. Your ongoing support greatly encourages us. Many of you have been asking what you can do to help. You can help by continuing to request and insist on the steward of your choice. Stewards can help by refusing to be party to any management coercion concerning representation. Remember that all steward activity is VOLUNTARY and that a steward cannot be compelled by anyone [member or management] to handle a particular matter.
One new contract Negotiating Note requires management to "take into account allowable steward activity." We are asking that stewards request this consideration from management each and every time that they function in a legitimate steward capacity. If management fails to properly "take into account" your steward activity, please consider filing a grievance.
We will get through this but we need to stick together, more than ever. Please stay in touch with your union leadership and stay strong! Solidarity! |
