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Duco, Michael Wykoff, Pieter Menedis, Nicholas RE: Per our discussion Thursday, March 10, 2011 2:13:41 PM image001.png

Do you have a contact on OSBA? I can call and see if there are teacher examples. However, I can tell you for state employees that under existing ORC which is incorporated into the contracts as it relates to lay-offs and job abolishment we eliminate positions( i.e. duties) not people. Those people then bump based upon seniority thus some less senior employees may get bumped. However, to bump the employee must be minimally qualified and we have the right to not allow anyone who does not meet Position Specific Minimum qualifications. However, we have not had many outrageous stories since we implemented Furlough days and got concessions in health care which allowed us not to lay-off a bunch of people in the recession. This kind of anecdotal evidence may exist at the local level. Not something we would have. I would be glad to call the OSBA and see if they can give us some examples as it relates to teachers. I could reach out to the City of Toledo or any other people you believe that are supporting the legislation. What time frame are they looking at? Yes seniority is used and not merit in lay-offs. , For exempt employees DAS calculates retention points which is service time and performance evaluations, so merit is a factor.. However, when lay-off large numbers of employees the calculation of these retention points sometimes holds up getting people out the door so we can save money. Are you just looking for some outrageous clauses in the Contracts? If so, I can do that but if you want flesh and bone examples, I will have to solicit experiences from the agencies. Our experience with our work force has been that they have taken concessions in an effort to avoid lay-offs. Last round we signed three year contracts with no general wage increases, we froze automatic steps for two years, we implemented a 3.8 % decrease for two consecutive years by furloughs (CSDs), we froze Personal leave and its annual conversion for two years and we cost shifted 28.5 million from the state to employees by changing the design of our Health Plan and dependent audit. Any suggestions?
From: Wykoff, Pieter Sent: Thursday, March 10, 2011 1:33 PM To: Duco, Michael Cc: Menedis, Nicholas Subject: FW: Per our discussion

MikeThis just in from the Governor’s Office. They want your crew to come up with some Ohio examples of this kind of stuff. They want it by Monday.
From: Keeling, Jon Sent: Thursday, March 10, 2011 12:51 PM To: Wykoff, Pieter Subject: Per our discussion

From Heritage Foundation:

As the standoff in Wisconsin drags on with no end in sight, Republican Gov. Scott Walker continues to make his case about the fiscal implications of collective bargaining. His office highlighted some of the most outrageous benefits and behavior that public-sector unions have institutionalized through collective bargaining. The case of Milwaukee teacher Megan Sampson is a classic example. Less than a week after the Wisconsin Council of English Teachers named Sampson its “Outstanding First Year Teacher,” she lost her job. The cause? Sampson got the pink slip because she lacked seniority. The school’s collective bargaining agreement left no choice. Decisions had to be based on seniority rather than merit. Sampson’s case was made worse because the teachers’ union refused to accept a lower-cost health care plan. Sampson told the Milwaukee Journal Sentinel, “Given the opportunity, of course I would switch to a different plan to save my job, or the jobs of 10 other teachers.” On the other end of the spectrum is a Cedarburg, Wis., teacher who was fired for viewing pornography — only to be reinstated by an arbitrator, a result of collective bargaining. In this case, it took a costly, taxpayer-funded legal battle that went all the way to the Wisconsin Supreme Court before the teacher was finally terminated. Unions have also displayed a territorial bent that borders on absurdity. A Wausau, Wis., public employee union stopped an 86-year-old resident from being a volunteer crossing guard. WAOWTV reported that union representatives didn’t want the man volunteering because it weakened their case to hire a unionized worker instead. In another case, a Racine, Wis., public employee filed a grievance because inmates were cutting the grass free of charge. The union worker claimed it was the “right” for government workers to cut the grass, according to the Racine Journal Times. The salaries and benefits of public workers have soared to levels unthinkable in the private sector because government negotiators bargain with taxpayer money, not their own. It’s happening at the Green Bay School District, which secured an agreement that allows a teacher to retire and receive a full year’s salary for only 30 days of work, according to WLUK-TV. Meanwhile, in the city of Madison, Wis., a host of bus drivers and correctional officers are earning more than $100,000 per year. In fact, the single highest-paid employee in Madison was a bus driver who earned $159,258 in 2009, reported the Wisconsin State Journal. These are just a few of the more outrageous examples resulting from collective bargaining. And even though unions deny there is a financial connection, Walker’s office continues to showcase the evidence.
Jon Keeling Deputy Director of Communications Office of Ohio Governor John R. Kasich

614-995-1716 Jon.Keeling@governor.ohio.gov www.governor.ohio.gov This message and any response to it may constitute a public record and thus may be publicly available to anyone who requests it.

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