 And those mandatory sessions — which the state funds — devote a half-hour for
the union to pitch itself and distribute membership sign-up cards.
Critics say the contractual arrangement between the state and the Service
Employees International Union is an obvious “you scratch my back, I’ll scratch
yours” deal between elected officials and a union that generously supports them.
Quinn vs. Harris
Pamela Harris of Lake County is the home health care provider for her adult son,
who suffers from a genetic condition that causes severe physical and
developmental disabilities.
Harris and others like her who provide care for loved ones receive a Medicaid
stipend from state-administered programs designed to help people with
disabilities continue to live in their homes.
Harris and seven others sued Gov. Pat Quinn, arguing they were not state
employees and should not be forced to join a union or pay so-called fair share
dues or “agency fees” to cover unions’ bargaining costs.
The case made its way to the U.S. Supreme Court, with the court ruling 5-4 in
June that the workers could not be forced to join the union or pay fees.
While the court held those caring for family were not state employees, the
ruling did not invalidate mandatory union membership for traditional state
employees.
Contractual deal
In the December 2012 contract between the Illinois Department of Human Services
and the union and an accompanying document, the paid training sessions were
identified as voluntary.
However, in a December 2013 side letter between IDHS and Service Employees
International, the document specifies the sessions are mandatory for both newly
hired and “incumbent” members of the bargaining unit.
The contracts also makes clear the union will have time for recruiting: “The
Union shall have 30 minutes of access to training for the purpose of meeting and
talking with Personal Assistants and distributing and collecting membership
cards in accordance with current practice. Such time spent shall be unpaid. The
state shall furnish the Union with a table at the entrance and exit to all
trainings.”
The state is obligated to pay up to $2 million annually to the union for the
training sessions, according to the contractual documents of 2012 and 2013.
Are those personal health care assistants exempted by the Supreme Courts’ Harris
v. Quinn decision compelled to attend the sessions and the half-hour union
pitches?
For the most part, yes, said Bill Messenger, the National Right to Work
Committee lawyer who represented the plaintiffs in Harris v. Quinn.
He said although personal assistants can no longer be forced to join the union
or pay agency fees, they are still considered members of the bargaining unit. As
such, the training sessions, including the union pitch, are mandatory.
[to top of second column] |
 Messenger added that appears to be the case at
least for one of two groups of personal assistants — those who
received stipends under the departments “Rehabilitation Program,”
but not the other group, who receive stipends under the
“Disabilities Program.”
Pamela Harris is in the latter group, and it does not appear she can
be compelled to attend, he said. Personal assistants paid through
the rehab program must attend.
Letter, sessions
A Sept. 26, 2014, letter sent to home service providers by the
Illinois Department of Human Services’ Division of Rehabilitation
Services notified personal assistants of their obligation to attend.
“You have been identified as an Individual Provider (IP) currently
working for a customer of the Division of Rehabilitation/Home
Services Program (HSP). HSP is committed to ensuring high quality
customer care and services to our customers. As a result, your are
required to participate in mandatory PAID training about Fraud,
Abuse, Neglect, Exploitation and the Basics Roles of being an
Individual Provider.
“Please note that your contract as an IP employed by a Customer in
HSP requires your mandatory participation.”
The training sessions began in October and continue through
mid-December. Locations run the length of the state, from Chicago to
Anna, and include the union’s Chicago headquarters, state office
locations and hotels.
The critics
The National Right to Work Committee is among critics who say the
state-funded, union provided training — including time for union
recruiting — is more than a friendly management-labor relationship.
Patrick Simmons, the committee’s director for legal information,
said it is a scam or scheme intended to get around the Harris v.
Quinn decision “and give money back to the union that has been a big
political backer.”
The SEIU has been a campaign contributor to the tune of millions to
Democratic Illinois governors including Rod Blagojevich and Pat
Quinn. It is the governor who has control over state cabinet or code
agencies such as Human Services.
Messenger called the state-funded mandatory training and union pitch
sessions “exactly a quid pro quo agreement” and “the new way to get
around Harris v. Quinn.”
He also said the arrangement is not an “only in Illinois” situation.
A similar agency rule exists in the State of Washington, and
California has approved legislation to similar ends.
No response
It is not clear if the state or union would seek action against a
personal care assistant who objects to or declines to attend the
unpaid half-hour set aside for the union talk.
Questions left Friday with representatives of the Illinois
Department of Human Services and the Service Employees International
Union were not answered.
[This
article courtesy of
Watchdog.]
Click here to respond to the editor about this
article.
|
