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AFT Emergency Mtg Re : Economic Stability Act & court case . August 17, 2011 Rough notes by Christine A.G.Davis. Status Update. 30 letters officially received by AFT to leave education Atty Pedro Williams On behalf of 3 unions: AFT, Nurses &… ESAct section 4 Judge Gomez
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AFT Emergency MtgRe: Economic Stability Act & court case August 17, 2011 Rough notes by Christine A.G.Davis
Status Update • 30 letters officially received by AFT to leave education Atty Pedro Williams • On behalf of 3 unions: AFT, Nurses &… • ESAct section 4 • Judge Gomez • Hearing w/ Judge; attyrepresenting the unions • Judge suggest a holding “stand still agreement” while the matter is addressed
St Cx lawyers didn’t want a still agreement. Didn’t feel they’d be ready for trial with a week. Stand Still Agreement suggestion failed. • In the meantime the J. denied motion for TRO (temp Restraining Order). • Aug 2nd J’s position • J wanted to move the case quickly (fast track it). Try the case by the 1st week of Dec. (11th?). • Atty considers this a short prep time.
Lawsuit • The gist of the issue…. • To determine whether it was necessary to impose the salary roll back. • Financial expert will be making the determination • Unions Position • Gov’t doesn’t have the right to impede empl. Bargaining. Gov’t should have come to the table to negotiation w/ union on this matter • Therefore the gov’t denied empl’s legal rights
There a 8 or 9 unions effected. • Union lawyers are trying to work together to move things along • Where will case be tried? St T or St Cx? • Cost of travel for witnesses issue. • CLC wants to reduce the number of attysrepres. To lower legal expense. The unions did not agree on this. Fewer attys to do a lot of work.
Commitment from the gov’t that the 8% will not kick in for edu until sept. (after summer pay) • There is nothing in the legislation to prevent the VI gov’t from revisiting the salary roll back, or even laying off people anyway. • **Federally funded empl. have been effected as well.
If contract expires August 31st w/o Union extension • Gov’t can say that’s it (game changer) ie. • No worker rights through collective bargaining agreement • Concern significant # of students coming in from private school • Elementary class size is 30 • Union has already filed a FPC (failure to practice charge….[raise issue])
Mar 8th Letter to Governor • Ask for financial reports • Union hadn’t received documents pertaining to 8 specific points • Received Jul 11th • Credit and service $10,000 incentive only for those in good standing • No unpaid loans, NOPA discrepency, • Thus the $10,000 incentive will be granted on an individual basis
Impact on Retirement • If salary is reduced • Retirement anuity will be based on the highest 5 yrs of ten. • Get records reviewed by GERS Could There Be More Cuts? • 2012 Budgets could have lay offs. There was nothing in the bill to prevent this
Bill (law) 29 sect. 1.2.3 (?) • Bill states for those who want to keep negotiation salary …next 2 yrs) • Member must pay in the GERS diff. for that 2 yrs per. • Marbull added information: • Can retire in 2 years and get current salary. Will have to pay empl. & gov’t GER contribution along with 6% interest • Is the 3 % additional contribution for persons w/ 30 yr plus
GERS lawsuit • Is there a GERS lawsuit against the gov’t? • No comment from AFT pres.
AFT Pres. Comments • 200 persons were hired after the hiring freeze • Where is the across the board belt tightening. Leased cars, credit cards, paid gas *******end pres. comments • Irresponsible leg. practice 1994, 2000 early retirement bill createdunfunded liability. cdavis • What happens if educators have to be hired back (as contract, as beginning employees …??) cdavis
Comments from AFT Pres. • Monday Aug 22nd • Policy Committee mtg. • School s that have not made AYP yet • There may have been improv shown but did not make the benchmark • These can go into receivership • AboutMarceli Elementary • Closed • PTA filed a TRO, but governor said its closed • AFT will extend contract past aug 30th • Pres. Will visit schools to see what staff deficiencies are
2007-2011 Contract • Professional Development days • Elem level PD increaded to 5 days • There are 2 preschool wkshop for all • We will are not being compensated for them • There was no funding for consultants to come in for PD workshops