A Communication of UFCW Local 1994 MCGEO Vol. 6 No. 4 Fall 2009

The HealthCare DebateRages On!

see story page 6

A Health InsuranceCompany’s Computer Program Should Not Decide Who GetsCoverage

United Food & Commercial WorkersLocal 1994Municipal & County GovernmentEmployees OrganizationPresident

Gino Renne

Secretary-Treasurer

Yvette Cufe

Recorder

Nelvin Ransome

Vice Presidents

Frank Beckham Jerry BonaparteSean CollinsBob LehmanCraig LongcorPaulette Kee-Dudley Greg Goebel Terry MillerSue Smithers Tony ThomasKristine TuckermanSedearia Wilson-Jackson

Staff

Bob Stewart,

Executive Director

Michelle Weis,

Executive Assistant to the President

Gail Heath,

Field Services Coordinator

Amy Millar,

Organizing Coordinator

Joshua Ardison,

Field Representative/Organizer

Dave Blackwell,

Field Representative/Organizer

Doug Menapace,

Field Representative/Organizer

Nelvin Ransome,

Field Representative/Organizer

Gabriela Sandoval,

Receptionist

Shae Wilson,

Membership Services

Cheryl Suite

, Administrative Assistant

Alicia Valentin

, Administrative Assistant

Editorial Board

Gino RenneBob StewartGail HeathAmy Millar

Yvette Cufe

Sue Smithers

Editorial/Design

Keneck Communications

In This Issue

Vol. 6 No. 4 Local Link Fall 2009

Who’s in Charge Here?—

Renne Report

……………………………………………2Court to Decide on RIP ………………………………3Member Spotlight:Sal Dangamuwa: Five Years After TragicTsunami,a Native Son Keeps Returning …………………4Mike Shubert Pairs Career Goalswith Personal Challenges …………………………4Cover Story: Health Care Reform on Its Way……9Getting Arrested for Health Care …………………10Health Care Reform Shouldn’tBe About Money—

Legislative Report

…………11Don’t Forget EFCA – Organizing Update ………13Prince George’s County PersonnelWin Legal Battle on Furloughs ……………………14Eileen Normand: One of a Kind …………………14Frederick City Elections—

Secretary-Treasurer’s Report

……………………15The Steward Corps, the Face of the Union—

Field Services Report

………………………………16

The Local Link •

Fall 2009

The Local Link •

Fall 2009

Court Will Decide If County Shirked Its Duty

130 Montgomery County Employees Look Forward to Day in Court

Who’s in Charge Here?

Renne Report—by Gino Renne, President

According to County Executive Jack Johnson, that announcement means thecounty can continue to borrow money atthe lowest available interest rate.But, what’s the price of earning thatrating? Oh, nothing you’d really notice, just continued plans for furloughs, layoffs,cutbacks, hiring freezes and general penny pinching on county services to residents.What good is the ability to borrow at thelowest available rate if you can’t staff thefacilities you build, or provide the servicesthat your citizens need and deserve?Standard and Poor’s has an answer for that, according to their spokesperson,quoted in a Charles County news account:“Tough times do call for tough measures.Laying people off and furloughs is a prudent move,” said Ana Sandoval,manager of media relations for Standard &Poor’s. “Making not-so-popular decisionsactually helps to strengthen a creditrating.”Yipee!Johnson himself pointed out that hecould dip into the county’s $182 million“rainy day” fund to keep things goingon an even keel, but, he noted: “Theseare things Wall Street won’t allow, usingreserves for ongoing operations.”What, is Wall Street in Prince George’sCounty? Now, I’m not singling out Mr. Johnson,he just happens to be the best example of what’s wrong with a system that enables

the U.S. banking and nance industry

to dictate what happens to us here onMain Street. These bond rating servicesare the same folks who gave a greenlight to the subprime securities that ledto the meltdown of the U.S. economy.Instead of blowing the whistle on the“banksters” and conmen who concoctedthese schemes, Moody’s, Fitch andStandard and Poor’s waved them through.As a consequence, you and just abouteverybody you know, lost up to one-thirdof the money you thought was going tokeep you comfortable in retirement. The biggest losers were pension funds whosestakeholders are working stiffs like youand me. Now, only a year later, these samerating services represent the last word in

decisions made by elected ofcials tryingto keep the ship of state aoat. So your

county executive, even your governor isn’tsupposed to listen to the voters, workingfamilies and citizens in need because hefeels compelled to satisfy the demands of Wall Street and the bond raters.Thank heavens some jurisdictionswere more concerned with sustainingservices than they were about “ratings”.Montgomery County diverted a portion of its rainy day fund for the 2010 budget— and they could do the same for the comingyear.Come November 2010, it won’t be thefolks from Moody’s, Standard & Poor’sor Fitch who go to the ballot boxes. You,your family, your neighbors—the folks upthe street who can’t get a pothole repaired,the guy who couldn’t get into the library towork on his resume, the homeless familyon a waiting list for shelter, the folks whoare having trouble with getting medicalcare for their children…they’re notworried about the county’s bond rating,they’re worried about making ends meet.Chances are they’ll remember that thecounty chose to hold on to the rainy dayfund while the rain was coming down in buckets. Wall Street might be pleased, butMain Street is not.

As we get into the difcult process of

negotiations with Montgomery County, the

Sheriff’s Ofce, with the Prince George’s

County Memorial Library System and theCity of Cumberland, we intend to be as

exible and reasonable as possible, but weare rm in our resolve: Our sacrices andthe sacrices of those who depend upon

us are not a permanent condition. Whennormalcy returns, we expect the samelevel of services to be restored and theresources to provide these services to bereplenished.When things get back to normal.… (Ihear that phrase a lot; even use it myself quite a bit). By normal, I mean when

America nally climbs out of the nancial

hole we’ve been in for the past two years,there will be a day of reckoning. We’ve

all made considerable sacrices during

this recession. The citizens we serve

have endured signicant hardship. We’ve

lost ground on income; but we’ve alsostretched out to cover a growing workloadwith a shrinking workforce. We areholding IOUs, and we will present themfor repayment. I know that the elected

ofcials will express their “profound

appreciation” for our service, but wewill be expecting something a little moreconcrete than appreciation.

Pending OSHA RevisionMay Finally ProtectPublic Sector Employees

When Rep. Lynn Woolsey (D-CA)introduced the HR 2067 – the ProtectingAmerica’s Workers Act (PAW)—in lateApril, she envisioned a major overhaulof OSHA. A Senate version, S 1580, hasemerged, introduced by Senate MajorityLeader Harry Reid on behalf of the lateSenator Ted Kennedy. The Senate bill isidentical to the House version.The PAW Act would sharply increasecriminal penalties for businesses andmanagers that violate OSHA, includingcases of recordkeeping errors. It wouldalso vastly expand OSHA’s authority toshut down workplace operations that itconsiders unsafe until an employer provesotherwise in litigation. And, it would giveemployees a full seat at the table during both litigation and settlement. The textof the legislation also expands OSHA toinclude coverage for public employees,a section of the workforce not currently protected by OSHA.Both bills are in committee, and thereis concern the legislation could be watered

down before going to the oor for a

vote. Kennedy had introduced the samelegislation on two other occasions.Local 1994 continues to press theMontgomery County Council to act onthe negotiated Retirement IncentiveProgram (RIP) that was included in arecent Memorandum Of Understanding between Local 1994 and the county.The RIP was negotiated as a way tomitigate against layoffs in the county.On Tuesday, September 15,Montgomery County Circuit JudgeMichael Algeo rejected the Council’srequest that the court dismiss acomplaint against the Council brought by Local 1994. Judge Algeo’s decisionensures that 130 County employees andtheir families who would be affected by the RIP will have their day in court,scheduled for January 14, 2010.The RIP would provide an earlyretirement option to these 130 eligiblecounty employees. The CountyExecutive and the Union’s professionalactuaries estimated that the programwould save the County $2.6 million

over scal year 2010.

However, the County Council, led by President Phil Andrews, refusedto take an up or down vote on thecollectively bargained program despitethe fact that the Council is requiredto do so under the County CollectiveBargaining Law § 33-108. The lawrequires the Council to either “acceptor reject” a collectively-bargained

item that has a “scal impact on

the County.” Instead, the Council isdeferring its decision, which is notone of its options under the CollectiveBargaining Law.The Council’s intransigence hasforced Local 1994 to use a legal toolknown as a “mandamus” action to

compel the County Council to fulll its

statutory duty. The judge agreed withLocal 1994 that there was a questionabout whether the County Council isfailing to perform its duty, and that thequestion was one which requires a trial.That’s good news for the 130 countyemployees and their families, whohave been left in limbo because of theCouncil’s decision to defer the vote,and are one step closer to getting ananswer about their futures. The Judge’sdecision means that the case will now be scheduled for trial.Local 1994’s President Gino Rennesaid that he is pleased with the court’sdecision but outraged that the union has been forced to go to court to make theCouncil perform its statutory duty.“These 130 families have had their lives and futures put on hold by thoseon the Council who persist in deferringa vote on this bill,” said Renne. “Whatwe want is an up or down vote, as thelaw requires, so that these familiescan get on with their lives and planaccordingly for their futures.“The Retirement Incentive Programwould make a life-altering differenceto them and the union bargained for the program in good faith with the CountyExecutive. The Council must takeaction as it is required to do under thelaw,” Renne said.

here were lots of high-ves

and happy talk all around lastmonth in the Prince George’s

County Executive’s ofce in October

when news came down that the countywould retain its AAA borrowing status,courtesy of Moody’s Bond Rating Co.

Local 1994 Pays Tribute toLion of the Senate

The death of Sen. Ted Kennedyon August 26, 2009closed out a legacyof triumph andtragedy. Knownas the Lion of the Senate, Sen.Kennedy waswidely recognized as the leading voice inCongress on behalf of working families,minorities, the poor and the dispossessed.We mourn his passing and honor hisservice.