AUGUSTA, Maine — The Maine Labor Relations Board on Wednesday dismissed the latest complaint filed by the state’s largest public employees union against Gov. Paul LePage’s administration related to bitter contract negotiations dating to last year.
The Maine State Employees Association filed the complaint Tuesday requesting that the LePage administration stop hiring private contractors to do work typically handled by the union.
The 16-page document alleges that the state is bound by contract to negotiate with the union before it hires nonmembers. The union said in its complaint that the practice deprives “bargaining unit members of that work, as well as the pay and benefits that come with that work.”
Maine law requires the state to maintain the status quo after a contract expires, which is currently the case with the MSEA. That effectively means that the state can continue to contract out or reorganize its work force to make government more efficient and effective, according to the board.
The complaint was dismissed because it failed to state a valid claim under the State Employees Labor Relations Act.
“Once again, the Maine Labor Relations Board has thrown out an unfounded complaint by this union,” John McGough, LePage’s chief of staff, said in a statement. “MSEA is desperate to find an issue to fight Governor LePage on, and this is another failed attempt to find one with any legal footing.”
The LePage administration and the MSEA, Local 1989 of the Service Employees International Union, have been embroiled in contract negotiations that date to early last year.
Still pending before the Maine Labor Relations Board is a complaint by the MSEA that the administration has acted in bad faith during negotiations, which still have not resulted in a new collective bargaining agreement.
MSEA staff said in a statement Wednesday that the state board’s dismissal of the most recent complaint was expected but it should help expedite resolution of their pending complaint.
LePage and some allies have targeted unions — both public sector and private sector — since the Republican governor has taken office.
Although unsuccessful so far on measures that would prohibit unions from requiring dues to be collected from nonunion members, the administration has made some progress on labor issues.
The House and Senate recently approved a bill from the governor’s office that would strip the ability of independent child care providers to unionize and collectively bargain. Another bill that bans workers at the former Decoster Farm in Turner from unionizing also has won legislative approval.
The Associated Press contributed to this report.
Not very much information, guess I’ll have to research the KJ to find out more. Ah, see, there’s a little more to it than this. The governor is already required to attend a hearing on another issue, and now he’s trying to what he does best, create chaos and confusion. Suffice to say, that Bennett’s argument that this is a cheap shot and pathetic is in itself pathetic. She claims that this is politically motivated, but makes no mention that the governor has done this before, and now is accused of it once again.
http://www.kjonline.com/news/use-of-private-contractors-spurs-union-complaint_2012-04-10.html
Big Labor does not like LePage and they gave him no money in his election bid so he owes them nothing. This is the worst it has been for Big Labor in 40 years – no friends in high places in Augusta. Trouble is, their policies that democrats made into laws for them have already bankrupted the State so anything LePage or anyone else does will be too little too late.
Amen
that is NOT what bankrupted the state, all LePage is trying to do is break the unions, I know a lot of people do not like the unions, but there has to be a Fair, Legal way to discontinue them, the way he does things is underhanded, as for them bankrupting the state, my husband hasn’t had a raise in over 4 years, but our insurance premiums keep going up, and because Jock robbed the retirement system his checks are even shorter because somehow it’s now the workers fault and they have to pay the loan back! How is that right? it really doesn’t matter to me if they have unions or not but right now they do and they way he handles things he doesn’t like is too much of a “my way or the highway” mentality that does not belong in someone in his position
Workers have a right to organize and are protected from attempts to stop them from organizing. The thiing is that if employers treated their employees fairly, there would be no need to form a union in the first place. Eastman Kodak, for one, was never unionized because they treated their workers fairly and at a competitive wage. Treat people right and with respect and they won’t think union.
If the State of Maine offered income protection, the union would have been broken many yrs ago. The reason most State employees join MSEA is to get income protection.
Big labor doesn’t like Lepage because the same reasons we don’t …..he’s unpredictable, temperamental, and not conciliatory at all. He has his own agenda, and he plans to follow it, irregardless if it follow state standards, national standards, or even his own standards. He is contractually obligated to bargain the MSEA, yet for the second time he feels that he is exempt from this contract. He is wrong, and so are you.
It makes sense that if a private contractor can do the job for less tax dollars than the unionized labor contract worker can our elected officials have a duty to the taxpayer to do just that !
Exactly…!
Exactly wrong! The state made commitments to the union and are obligated to fulfill their promises. What is worse, when unions are busted it depresses wages for everyone including the people who compete with unions. What a pair of ill-informed right wing extremists you two are.
Being ripped off is being ripped off, the deal shouldnt have been done to begin with.
And I am not the only one that has fought back against the union, like myself, there are many that will go toe to toe with any union rep.
So do you not honor contracts that you sign as well? Or do you just hold the State to a lesser standard?
I dont make or sign bad deals
“I dont make or sign bad deals.”
Good thing, too, if you are morally and politically opposed to compromise. But only the perfect, like you, can really afford to be that way for very long.
The Governah’s time is up.
I have seen union violence, and I will never forget it, nor will I ever agree to work with those skumbags, or ever allow any of then to take my hard earned money.
As far as Paul getting reelected, you might be surprised just how many people will vote for him..!
Msea contract is expired with the State.
The law states that all parts of a contract stay in force until a new contract is signed. Try understanding what you write about before you rant.
How did that expired contract work out for ya?
I dont sign bad contracts, nor do I make them— do you..?
Good thing you don’t offer to go mind to mind. I am probably older so your macho image may be able to put me on my butt. But, your lack of knowledge, level of ignorance, and bluster don’t outweigh critical thinking and ability to learn from history.
Not sure how old you are, but I will oppose any union that tell me I have to pay for them, even now that I am grey.
I am old enough to have seen union violence, and I will never forget it, nor will I ever agree to work with them.
Your wrong Unions have too much political power here in Maine from the long rule of the Maine Democrat Party . They have not been held accountable by the Maine citizen and by Augusta. Well now that someone else is in control and they won’t take their BS they are angry. Well Boo Hoo send them to Washington or to MSNBC or Current/Al Gore TV and let them complain on those television channels wanting the people to feel sorry for them. Because frankly none of us care what they have to say. Their opinion doesn’t matter to us who aren’t Democrats.
Do you know how many lobbyest there are in DC that are not union people ? i think theres like 25 to one an thats for both houses so don’t whine about the unions
While a valid point, an agreement is being broken however. This is like getting out of your Apartments lease because you happened to find a cheaper place and don’t want to be held accountable for the agreement.
Have you ever noticed that a large percentage of people of a particular political ideology don’t seem to be able to think beyond one step? I-ME-MINE. This is why two parties exist and why one of them is seldom given too much authority over the welfare of others. November will surely clean up some of the “Nasties” we see lurking about here and in State government.
Excellent comment. Adrienne will have to again explain what u said the the “Worst” Governor in the history of Maine.
I assume you are talking about Emily Cain and friends?
Msea contract is expired.
The law states that all parts of a contract stay in force until a new
contract is signed. Try understanding what you write about before you
rant. First comes negotiation, which the governor has not done, then comes mediation, then fact finding, then arbitration, then possible court cases. Then the contract expires. I repeat, learn first, rant second.
If the state has a contract to use union workers first, the LePage administration is in violation of that contract. It’s just another example of LePage riding roughshod over the little guys. But they’ll show him whose job is on the line when he’s up for his re-evaluation….at the polls.
Unions=legalized extortion
Do yourself a favor and read the history of the working mans plight before the unions .
that is not true
If it was not for the unions you would not have what you have today you would be working for 2 day an no benefits an no safety ect .
Simplistic thinking=Ignorance
Why use unions when you can use family? L’Unconditioner sure could use a cushy job….
Especially when that private contractor might just donate a little payola to one’s campaign coffer.
Unions donate to to campaign’s also and I wonder why they do that?
To try to keep the wealthy Overlords in line.
These are union employees of the State. Who are the wealthy Overlords you speak of sir.
Darth LePage, the Halloween Candy thieving Dark Overlord ?
The lobbyists in Augusta of course. Who did you think I was speaking of Sir ?
I Sir Was thinking of the Taxpayer such as I.
You think that LePage is union busting to save taxpayer dollars ? I have a bridge in Brooklyn for sale….. are you interested ?
The poster doesnt get the concept that we are the State and that those people work for us and that we have a right to want our money spent in a responsible manner.
Yeah, that is pretty much what I said too, isn’t it ?
It’s a dirty job, but one that needs to be done.
“Unions donate to to campaign’s also and I wonder why they do that?”
To compete on labor issues with the corporate “persons”. We should stop them all, and only make laws that value a citizen’s labor and which
include a living wage and benefit package.
Don’t you agree, Jim ?
There in lie’s the problem. Who shall decide what a living wage is and what benefits are needed? 17 State’s pay over the Federal minimum now as Calif. at almost $11 a hour and then some employers pay over the State minimum wage too. Most employers offer some benefits at a cost but a lot of employees don’t participate due to the cost.
The economy decides.
But you think people controlling it should people be in the board rooms.
Jim you are not in the 1% .
You will never be.
To support it is being a chump.
The only ones who disrespect you more than liberals like me for not looking out for your own best interests are people using you to promote their.
Have a nice day.
Unions fund all the democrats in this state, JUST A LITTLE PAYOLA HUH!
Do yourself a favor and read the history of the working mans plight before the unions .
In one DHHS office on Monday three of the five admin staff called out. One does it every other Monday. Because MSEA represents them it takes about six years and mountains of paperwork to get one of them fired. Contract/temp staff would instead be held to a reasonable standard.
really? what about contractors who don’t understand basics, like confidentiality? If the workers are so bad the supervisors need to be on top of things to take care of the problem.
Union or no union
Your statement makes no sense in response to what I posted ! I’ll try it once again….Do yourself a favor and read the history of the working mans plight before the unions . Really ! I mean it, please read some history on the subject before you “union bash” again !
I know the history of unions in this country very well, however it is a very different world today. Union greed has outlived it’s practicality and usefulness. Non union members can no longer afford to support this one way street and corrupt behavior.
I would guess that after reading the nonsense you posted as a response, that you watch Fox News and listen to Rush Limbaugh every day ! That being said… let me state this again…… I think you need to re-read the history of the working mans plight in the USA.
I can confirm what you are saying. I have inside knowledge of the Workers Comp office in Bangor and the surplus staff being carried there is a travesty.
Lol, WRONG: free markets, competion, and wealth caused workers conditions to be improved. This is the polar oppisite of what unions do.
I doubt they are getting it done cheaper. They are probably just trying to break the union. That would be priceless to LePege.
WELL it would seem that you have no experience working with a union. I spent 35 years in 15 different locations with 9 different unions to deal with. Never was is cheaper to use a union – I repeat in case you missed it NEVER. It’s not that some didn’t want to be efficient but the system always bogs down when they come to the work place.
Of course non-union workers are less expensive–no need to pay them a living wage or health insurance. Fire them at will for no cause. Bosses love that. But an anti-union stance is not good policy for American workers–or America.
Stop with the Living Wage nonsense. You get paid on merit and for hard work. If you do a good job , work hard and do things honestly you will be rewarded with a pay increase but the Liberals including yourself think you are all entitled to everything. Your not LePage is doing the taxpayers of Maine a favor getting rid of these useless unions which do absolutely nothing in our state. They are whinning because they know the private sector non-union folks are doing a better job for less of a cost to Maine Taxpayers and they can’t handle it. All these unions are no are an extension of the Democrat Party doing their dirty work. It is time to eliminate Unions entirely here in Maine so they can help lower the cost of business here in Maine to help spur economic growth.
whick will make the Green Shirts richer and Adrienne will still have a non-union job till November.
The minimum wage is $7.25. That means a person working full time at minimum wage will rake in sixty (60) dollars per day. A married couple who both work at such jobs will earn (whoop-te-do!) $120 dollars a day. (Incidentally, these are the people Republican leaders insist should be paying income tax, since, unlike millionaires, they supposedly don’t have “skin in the game”).
Companies paying minimum wage or thereabouts depend on taxpayers to fund healthcare for their employees (e.g., Mainecare). Of course, Republican leaders are working hard to make sure that’s available for as few people as possible.
Even businesses that pay a somewhat higher wage have little incentive to improve your working conditions or pay. No amount of “doing a good job, working hard, and doing things honestly” is going to convince a company that pays poverty level wages to increase your pay. They pay a low rate because they can get away with it. They depend on workers not joining in unions to gain power and advocate for themselves.
Under Republicans “economic growth” means all the gains going to the bosses.
I think some people cannot come to the understanding that certain jobs are only going to pay a certain amount of money. Is it not the responsiblity of the individual to have gotten career training or an education that will provide for them appropriately? I know that in the good ship lollipop world that some live in that sounds harsh but what is reality. Is taking orders at McDonalds really worth more than $7.25 a hour? Can almost anyone walk into that job and be able to do it? I think the answer is yes. So then please tell me why it is acceptable for people to think that they can do that job and make a higher sum of money for doing it?
You guessed wrong! I spent 15 years in the UAW. Our pay and wages were on a par with all the other large companies in the area. Try again.
My father was in IBEW from 1974 until he retired from Verizon, having started with New England Telephone and Telegraph. He had to retire at the age of 53 because he didnt want to risk going to work for Fairpoint when they took over in Maine. The union was good to him and his family, but even he admitted that it had gotten out of hand and that if the union had been able to be reasonable that Verizon might have been able to stay in Maine fow a bit longer.
It makes sense if the State Employee can do the job for less tax dollars then the jobs should stay with the State Employees. The State has over 7,000 contracts for services a year, does not review any of them for cost effectiveness and our current administration does not care how much it costs the tax payer to make as long as it profits a corporate master.
Make them prove it is cheaper. In most cases it is not.
what about when the state pays the contractor big bucks and gets lousy service? Is that a bargain?
You mean back when Jock was Governor and that this entire mess was started and again today he is having legal issues with the Student Loan program. Watch where this end up.:)
Wonders when our stellar journalists in this State will do an investigative piece on the use of State vehicles? Wonders how many millions of taxpayer dollars go into providing free transportation to State employees?
They should start with the armored SUV that Baldacci used to come to Millinocket in.
He was the Gov, he had to be protected!
many State employees have to travel many miles to do their job (not driving back & forth to work but driving to Boston, Arootook County, etc) while using their own cars and are not properly compensated by the State of Maine.
So union mob mentality is attempting to push around Paul,,,, good luck, Paul is the Republicans raging bull and he isnt afraid of jack…
While many have an issue with Pauls abrasive in your face tactics, the same realize that we elected him in response of years of King/Baldacci liberal BS. In essence, the liberals created the need for Paul, and I’m loving their discomfort… :-)
You may love to think that King and Baldacci are in “dicomfort”…. but I am not for one minute…. loving the dicomfort brought upon our state “top to bottom” by LePage !
You mean back when Jock was Governor and that this entire mess was
started and again today he is having legal issues with the Student Loan
program. Watch where this end up.:)
You left the y off the word bully, it’s should read “raging bully”
And I am proud that he is not a bought and sold union stooge, like the last two…!
He is bought by corporations Check out ALEC
And Baldacci & King were bought by union skumbags, and a haggy millionaire that wanted to have a national park in her name in the northern woods— The big difference here is that they left the state tanked, and now LePage is actually putting the state back on track…!
It’s a shame that so much hatred is spit out by those who don’t agree. ALEC is a bigger problem then the unions are. They have more control over what is happening in this country then the unions. They are pushing what corporations want not looking out for the workers.
a woman who worked with my husband was given a “black mark” because she left work the day her mom died. Employer said she should have scheduled the absence in advance. I don’t know about you but I have yet to figure out 2 wks in advance when someone will die. Thank God for Unions and the people who work for unions, pd employees and volunteers.
There is always going to be employers out there that make a great case fo unions, but I will never let some union skumbag take money from me for their dues or Any political dirtbal for a mandatory healthcare scam.
Not now, not ever, and not without a fight…!
Don’t forget the lobbyists that fund him and the money he wants to spend like $300,000. for the road to no-where with the end results which was the same on the previous studies done by his sort in the past, recall all that wasted funds:)
It was not up to the governor to approve the 300k, and the oooh sooo uncorrupt unions dumped loads of election funds on Baldacci & King
MeForest didn’t leave off the y you added it.
Mob? Hyperbolic at best.
I take it that you have never said no to a union rep…
You mean back when Jock was Governor and that this entire mess was
started and again today he is having legal issues with the Student Loan
program. Watch where this end up.:)
A poor rewrite by the AP. From the Kennebec Journal, which buries what few details it has to offer:
‘The complaint filed Tuesday seeking an emergency freeze on state hiring of non-union workers lists “examples of the practice across state government. The union says the state eliminated more than 80 bargaining unit positions at the Department of Health and Human Services, contracted out more than 20 bargaining unit positions in the Bureau of Unemployment, and hired contract workers for more than 20 jobs at the Department of Corrections.
]Also, the union alleges that former union members are retiring and returning to work as contract employees, sometimes sitting at the same desk.’
And what, exactly, qualifies the union’s complaint as a “cheap shot?” I’m guessing the only thing cheap(er) here is the wages and benefits paid in what, if true, appears to be another LeRage shell game.
Government should hire contarctors that cost less then those ina union. It’s our tax dollar and we tax payers flip the tab. Union members should be ashamed but it’s unlikely they will be since they think we owe them.
Contracts mean nothing to you, obviously.
msea contract is expired.
But laws still protect the works during the time that the admin is not barganing. First it was the Evergreen clause, and now pending the hearings, law states that the contract remain as is, until an agrement is made.
We will see what the courts say about not barganing in good faith, as the Maine Constitution states it has to. Why one might even say that would constitute NOT upholding the Maine Constitution, as he swore to do.
How many times are you going to repeat this? An expired contract remains in force. As a matter of fact, the Union has a few more rights during the legal process.
Now how about proving you can learn, admit your mistake, and have a rational discussion?
Yeah, sure.
It’s still a expired contract you said it yourself. I can’t improve a statement you agree with. The people have rights too. The State will prevail on most issues because of the economics and a union that will not comprise. That’s in the law too.
Absolutely. Let the race to the bottom continue. Let’s continue breaking contracts and cutting wages. And you’re absolutely right: Union members should be ashamed. Who do they think they are, with their guarantees of health care and pay, with their written rules for work? They should have to live like the rest of us, in fear (or, in the case of many, blissful and/or willful ignorance) of the without-warning fashion in which an employer can take away pay and benefits.
Why is it State law that a state agency may not compete against a private company? The law guarantees that you will NEVER get the best price if the government can do it for less. The state also never does any cost studies to see if the costs are less. They let out a plowing contract for north of Orono to a guy with one truck and one driver who only has to plow one time per storm. I bet it is way cheaper than having a safely plowed road done by someone who cares if you live and does not want to scrimp on salt to make a profit.
The ASPIRE Program pd big bucks to a company called Allies and got lousy results. If that makes sense for the State of Maine, explain it to me.
Msea contract is expired.
The old contract remains in effect while waiting on the court case. Otherwise when management wants to get rid of it they could do what Lepage did and not negotiate in good faith. When union negotiaters walked in lepages high priced New York lawyer and crew would walk out.
When a union won’t comprise during bad economics times why should they stay. It maybe “will see ya in court” fellas
You do realize that the uinon asked for nothing during the negotiations, right? Who is and isn’t willing to compromise will be determined, in court.
The union did compromise. The state threw on the table all kinds of take backs and would not would not even discuss compromises. Also don’t forget the 4 years of pay freezes and the shutdown days the union members gave.
BUT, they have no problem when members who do not want to pay their dues are coerced into paying them. When is coercion fair? Never but the unions wants it all their way.
I have to give the union reps credit,,,, they never go crying to the cops when they fail and limp away.. ;-)
Well, since you asked they have to pay their fair share for the contracts they negotiate for ALL employees, as is the LAW. They don’t pay full dues and there are two things you can’t get by, 1) they accepted a union job. 2) They could have refused a union job.
No one who does not want to pay dues has ever been forced to pay dues. Try facts, they really don’t hurt that much.
If I am a union member and I pay dues I am contributing for things the Union does for me, like bargain for increased pay, vacation time, etc. Why should someone who doesn’t join the union get the same benefits that I am paying for? Those who don’t want to join MSEA pay a fee to cover the benefits the they receive. The money they contribute to the union cannot be used for political purposes. They are not required to join the union.
The National Labor Relations Act is federal law. It states that a union is voted on by employees to represent them as one voice. A companies or state employees represented by a bargaining unit (union) can vote to decertify at any time. Once a union is decertified, management can negotiate with any employee as an individual. While represented by a union, employees cannot individually negotiate with management.
The union filing a complaint is not an attack on Paul LePage – it is the union leadership doing what it thinks is right for its members. If it is incorrect they will lose the complaint – if it is correct, they will win the complaint. It seems like everyone needs to make things personal, when the union is doing what it is supposed to do for its membership. If it is not, it can vote to decertify. In disclosure, I am not a union member, nor do I really care about the outcome, but hate it when people go out half cocked.
One point everyone just skips over, Msea’s contract is expired. In the “past” the State has honored old contracts till a new one is agreed too, but are under no obligation to do so.
Not quite: (from National Labor Relations Board Website):
What rules govern collective bargaining for a contract?
After
employees choose a union as a bargaining representative, the employer
and union are required to meet at reasonable times to bargain in good
faith about wages, hours, vacation time, insurance, safety practices and
other mandatory subjects. Some managerial decisions such as
subcontracting, relocation, and other operational changes may not be
mandatory subjects of bargaining, but the employer must bargain about
the decision’s effects on unit employees.
It is an unfair labor
practice for either party to refuse to bargain collectively with the
other, but parties are not compelled to reach agreement or make
concessions.
If after sufficient good faith efforts, no agreement
can be reached, the employer may declare impasse, and then implement the
last offer presented to the union. However, the union may disagree that
true impasse has been reached and file a charge of an unfair labor
practice for failure to bargain in good faith. The NLRB will determine
whether true impasse was reached based on the history of negotiations
and the understandings of both parties.
If the Agency finds that
impasse was not reached, the employer will be asked to return to the
bargaining table. In an extreme case, the NLRB may seek a federal court
order to force the employer to bargain.
The parties’ obligations
do not end when the contract expires. They must bargain in good faith
for a successor contract, or for the termination of the agreement, while
terms of the expired contract continue.
A party wishing to end
the contract must notify the other party in writing 60 days before the
expiration date, or 60 days before the proposed termination. The party
must offer to meet and confer with the other party and notify the Federal Mediation and Conciliation Service of the existence of a dispute if no agreement has been reached by that time.
Thank you for setting him straight!!!
That’s all nice when there’s money but when cut’s are due to economics the State will prevail and that’s in the law too.
Um, wrong, by law they have to. Do you honestly think that LePage wouldn’t have decimated the work force if he didn’t have to uphold the current contact? The first step after the contract expires is the Evergreen Clause. That expired and now the contract stays as is, pending litigaton. But thanks for playing.
You must be one of those mean Union bullies. Insisting on the law and using facts in place of mouth breathing one line catch phrases.
P.S. You are right.
I must be, huh?
What if the Governor no longer wants to play with the union anymore? P S I think he is cutting the work force look at the MLRB recent decision.
Well he is trying to do just that. However, State law says he has to bargain in good faith with the union. That is why one of the bargaining units is taking him to court. There is no question he doesn’t want to “play” with the union anymore. However, LePage was elected Governor, not imperial leader.
He is cutting into the work-force, for sure; but what I was getting at by decimating, is that if he could do whatever he wanted to do, since the contract expired in Sep 2011, he would’ve been knee deep into it already. By your continuing to comment about the contract expiring, you are implying that he can do whatever he wants, like cut or end State worker benefits like Medical, and vacation days and holiday pay. Or he could just unilaterally increase the premium payments for medical to State workers to 100%. That is, if Maine law didn’t prevent him from doing so, while in litigation.
That has been my point. So while your point has been that the contract expired, the fact remains that for now, it is status quo. Which, incidentally, is exactly what the Union has been asking for.
You are wrong.
You are wrong. yes, the contract is expired but the old one is honored until a new one is passed. The Union offered in the beginning to keep the status quo but LePage wouldn’t do so.
About time..
Big Labor in Maine is not used to hearing the word “no”.
Yup, and maybe you should too! Intellectual exercise them hurt anyone.