October 2012 Volume 1, Special Edition

The NAPE Connection

This Special Edition of The NAPE Connection will be mailed to all NAPE members. Please note that Page 4 is not meant to be posted at worksite bulletin boards. It contains special election information that is not suitable for posting.

Whats Inside
Part 3 of our series on state personal and corporate income tax Endorsements, Amendments and LD 43 Bargaining. Bargaining. Bargaining.

Be ReadyThe Legislature May Be Coming for Your Benefits!

The rumor mill has already begun to churn with whispers that the legislature may be gunning for our benefits this coming session. We know that the Governor wants to continue to shrink state government. NAPE highlighted an article this summer that had the Governor delighting in a shrinking state employee workforce. Now the

month with 5% cuts. When the legislature meets in January there is no doubt state employee health care will be prime target. As costs continue to rise, the legislature will certainly look to make the employees bear more of the costs
By continuing to shrink agency budgets and whittle down state employee benefits, the Governor is making state employment a less attractive opportunity.

We must continue to tell lawmakers that state employees deserve quality benefitsand Nebraskans deserve quality employees to provide public services. Cuts to our agencies and cuts to our benefits will hurt us and hurt Nebraska too.
As we get closer the start of the session, please stay informed and find out what you and your coworkers can do to help stop the onslaught.

Governor has demanded

Individual Highlights:
Income Tax Decisions Article 18 Elections Bargaining 2 3 3 4 5

that all Agencies new budgets be submitted this

Progress in HHS? Thank Union Members!

On Friday, October 5 , Director of Children and Family Services, Thomas Pristow, notified HHS employees that effective immediately, the requirement to meet target numbers would be eliminated. Instead, performance would be based on overall work performance (i.e. quality work, good customer service, handling calls efficiently and effectively, etc). NAPE/AFSCME is happy to hear of the recent announcement to get finally eliminate quotas.
th

For those that dont know, NAPE members have filed a number of grievance over reprimands dealt out due to quota-based performance standards. Coupled with the hard work of our AccessNE coalition, legislation, and the pressure we have continually put on DHHS, we have finally seen progress in HHS. We have has been diligent and it shows! Make sure your coworkers know who is going to bat for them! And ask them to join NAPEWe are stronger together!

The NAPE Connection

Page 2 of 6

Heinemans New Tax Proposal and Why Its Important, Part 3

The governor has made recent comments regarding his plans for the upcoming legislative session as it relates to taxes. As it currently stands, the governor has hinted that he may look to eliminate individual and corporate income tax, similar to the proposals passed in Kansas and defeated in Okalahoma.
The elimination of 56% of the states revenue, via personal and corporate income tax, would seriously hamper the states ability to pay for essential services.

While this might sound like an appealing idea to Nebraskas struggling families, remember the saying, If it sounds too good to be true, it probably is This is part three of our series of articles exploring how the budget works and why the eliminiation of personal and corporate income tax is a bad idea, no matter how the governor attempts to spin it. Part 3: The Problem with Sales Tax As stated in an earlier article, the elimination of 56% of the states revenue, via personal and corporate income tax, would seriously hamper the states ability to pay for essential services. Instead of collecting income and corporate income tax, the governor has proposed the use of sales tax as the main source of General Revenue in future Nebraskas budgets.

Sales and use tax makes up 41% of the states General Revenue Fund. Every citizen most likely pay sales and use taxes. These taxes fluctuate with the purchase power of the public. When the economy is doing well and consumer confidence is high, sales tax revenue is high. When the economy is doing poorly and consumer confidence is low, sales tax revenue is low. In recent years, the sales tax has not be as strong as it once wasgranted, individuals must still purchase certain products that generate sales tax revenue, but discretionary spending has been severally cut back in these tough economic times. Overall, we can see that the percentage of the sales tax revenue for the budget is limited, and is dependent on the stability of the economy. A sales tax hike is one of the main ways the governor will have to offset the loss of income tax revenue. The average sales tax of the eight states without income tax is 6.21% and the average Nebraskan already pays 5.97%. To replace onehundred percent of revenue lost by eliminating income tax in Nebraska, we would need to see a 5.09% hike in sales taxthats in addition to 5.97% average state and local sales tax

already collected. To make sales tax a feasible source of most of the states income, we would undoubtedly see the elimination of many exemptions and sales tax collected on items that have not been taxable in the past (IE: food). Additionally, sales tax is not a fair source of revenue. If the personal and corporate income tax is cut, the lower and middle class will bear the brunt of responsibility in generating revenue via sales tax. Lower and middle class families pay sales tax on nearly everything they buy, while high income families spend less of their income on goods and services that are subject to sales tax. In recent studies, Nebraskans making less than $20,000 per year pay more than 6% of their income in sales tax, while those making over $88,000 per year pay less than 3% of their income, and those make over $400,000 pay less than 1% of their income in sales tax. Is it fair for the poor and middle class Nebraskans to be responsible for the majority of the states revenue? Stay tuned next month for Part 4: Passing the Buck to Local Governments, where we look at what drastic budget cuts will mean for Nebraskas counties and cities.

Page 3 of 6
Personnel Decisions of Note
We recently had a significant decision on this issue of tolling of time. In certain circumstances, it is possible to seek relief on a harm or violation even beyond the normally established time limits. These cases are few and far between, so any decision on this type of situation is a big win on our part. If youd like to read the decision, please contact the NAPE office and ask for a copy of Hulbert vs. NDOR.

The NAPE Connection

Contract Provision of the Month: Article 18 Health and Safety

If you believe that your worksite is unsafe, or an unsafe or unhealthful situation occurs, you have the right to file a grievance under article 18 of the contract. 18.2 Recognizing the intrinsic nature of each job performed in the State, the Employer agrees to provide a safe working environment. The Employer agrees to maintain all state facilities, buildings, grounds, and equipment in accordance with directions of the applicable federal and state agencies. The Employer agrees to comply with Neb. Rev. Stat. Section 48-443. In the event the building or worksite is leased from a county or other third party, it shall be the Employers responsibility to pursue improvements that will make the worksite safe and healthy. Remember, you must file the grievance within 15 business days of when the event occurs to remain timely. Contact your local steward for assistance.

District Meetings
The purpose of these meetings is to share information, gain knowledge about the Union and communicate with other members. During NAPE District Meetings information from the local board, news from the unicameral, workplace concerns and other current topics are discussed. Greater Lincoln District: Meetings are held on the first Saturday of every month at 11:00 a.m. and 3:00 p.m. in Lincoln at the NAPE Office conference room in the basement, 5625 O Street. Greater Omaha District: Meetings are held on the 3rd Thursday of every month at 6:00 p.m. at Lanskys, which is located off of 50th and L Streets in Omaha. Greater York District: Meetings are held the 3rd Thursday of every month at 5:00 p.m. Kilgore Memorial Library, 520 Nebraska Avenue in York.

Lincoln State Office Building Meeting

Do you work in or near the Lincoln State Office Building?

Ponca District: Meetings are held on the 3 Tuesday of the month from 12-1 p.m at Wayne State College
South Central District: Meetings are held the 4th Tuesday of every month at the IBEW/CWA meeting room, which is located at 3302 Capitol Avenue (corner of Webb Rd and Capital Ave) at 7:00 P.M. Other District Meetings do not have set times or locations, but do occur. If you dont see your District Meeting, please call the NAPE office to see when your next meeting is planned.

rd

Please join us for a NAPE Meeting on Thursday, November 1st in conference room B on Lower Level. In addition to discussing issues and events affecting state employees (including bargaining), the purpose of this meeting is to connect NAPE members and hopefully recruit more active members. Our meeting will take place over your lunch hour with a NAPE representative present from 11am until 1pm to allow employees to attend at their convenience, so bring your lunch and remind your coworkers.

The NAPE Connection Endorsements

District 1 Jerry Joy District 5 Heath Mello District 7 Jeremy Nordquist District 9 Sara Howard District 13 Tanya Cook District 21 Ken Haar District 23 Vern Barrett District 25 Kathy Campbell District 29 Kate Bolz District 31 Rick Kolowski District 37 Galen Hadley District 39 Judy Domina District 41 Kate Sullivan District 45 Sue Crawford

Page 4 of 6

Constitution Amendments
NAPE/AFSCME supports both proposed Constitution Amendments 3 and 4 in this upcoming election. Proposed Amendment 3 to the Nebraska Constitution would allow state senators to serve three terms of four years instead of two terms. We support Amendment 3 because increasing term limits will allow new senators coming in the opportunity to learn the ropes; allow the people more opportunity to keep good legislators in place, and would create fewer limitations for the people when choosing representation.

Proposed Amendment 4 would increase state senators pay from $12,000 to $22,500 per year.
We support Amendment 4 because increasing the salary would open the option of running for state senator up to more people and would not limit state senators to the independently rich or retired. More middle class individuals and more young people would be capable of representing their community at the Nebraska Legislature.

Are you Registered to Vote? Nebraska Voter Information

You may register in person at the local County Clerk/Election Commissioners office during normal business hours. You may also register by mail. Voter Registration Applications are available at several locations throughout the state, including banks, post offices and libraries. In addition, you may register to vote through the state Department of Motor Vehicles when applying for or renewing your drivers license or at various other state agencies. You must sign your Voter Registration Application before it is returned to your County Clerk/Election Commissioners office. Individuals may register in person at the County Clerk/Election Commissioners office prior to 6 p.m. on the second Friday preceding an election. Visit http://www.sos.ne.gov/elec/voter_info.html for more information.

Be Wary of LD 43 & Candidate Ravenscroft

[T]heyre just out there, taking, drawing a check.
Far too often state employees bear the brunt of blame from the public and politicians when it comes to wasted tax payer dollars and government inefficiencies. What seems to escape those politicians mind is that we are tax payers and we work hard to make Nebraska better. Recent comments by Legislative District 43 Candidate John Ravenscroft should make us all wary of his ability to support Nebraska state employees if elected. In a recent forum, when Candidate Ravenscroft spoke about Department of Roads employees, he criticized many for being unqualified and spoke about the money he felt was wasted when jobsites were staffed according to policy and regulation. And then he told us what he really thought, saying, [T]heyre just out there, taking, drawing a check. Prepare yourselves: If Ravenscroft wins LD43, we might just have a fight on our hands.

Page 5 of 6

The NAPE Connection

The 2012 Election: Putting it in Perspective

The battle in Wisconsin was not the end of the attack on public workers and public workers unions. It is completely possible that we may see another bill attacking our collective bargaining rights here in Nebraska again this coming session. candidates winning legislative seats. Whatever your political affiliation, the election of anti-government /antiunion legislators will put the contract you depend on when it comes to your wages, your benefits, and rightsyour livelihoodin jeopardy. When you vote this November, remember that what you do in that voting booth has the power to impact your paycheck, your benefits, and your rights as a worker. Stay informed and vote!

NAPE/AFSCME endorses both Democrats and Republicans that support state employees and we know that NAPE members span the political spectrum, but public service workers need to be informed on the implications of such

Bargaining Begins: Get Ready to Rumble!

Negotiations have not started off smoothly. The State has proposed some dramatic changes to our contract. Essentially, they want everything, but they arent interested in giving anything. To give you an idea, here are just some of the things the State is proposing: Eliminating Respect and Dignity in the workplace Eliminating Implementing the contract in a fair and responsible manner Eliminating Dues Deduction o Which means you have to pay the union directlymaking it more difficult for employees and raising costs significantly for the union. Eliminating Binding Arbitration o They want to control the process of who sits on the Personnel Board and appeal cases into the court, so their judges will rule in their favor Limiting recalls for employees that are laid off and eliminating the re-employment program Eliminating shift differential for overtime Eliminating internal postings for job openings Increasing volume or workload for reclassifications Eliminating ability of employee to remove discipline from personnel file Eliminate pay as work time for our bargaining team to negotiate with management o Management is paid These are just some of the things management wants to take from us. None of the items they deem as economic have been submitted by management. We expect them to come after our leave timeincluding sick, vacation, injury, and bereavement leave. Not to mention holidays and overtime. And we know theyre eyeing a substantial increase in the employees health insurance costs. Plus we know they will fight a pay raise for employees.

What they want to give you: NOTHING!

It is crucial that you talk to your coworkers. They need to understand that if they arent NAPE members, they are ready and willing to give away everything management wants to take from them.

Dont wait! Ask your coworkers to join. We need to stand together!

NAPE/AFSCME Local 61 5625 O Street, Suite 10 Lincoln, NE 68510 PHONE: (402) 486-3911 (800) 522-6273 FAX: (402) 486-3924

Is The NAPE Connection news to you?

This newsletter is emailed to our subscription list every month and mailed out to all members several times a year. The NAPE Connection is meant to highlight important news releases, events, grievance decisions, contract information, and upcoming activities. Our hope is that individuals will get connected, not only with their Union, but with each other. Back issues are available upon request. If youd like to receive The NAPE Connection in your in inbox everything month, please provide us with your name and home email address. Requests can be sent directly to cfogale@napeafscme.org or call us at (800) 522-NAPE to get your name on our email list.

Were on the Web!

See us at:
www.napeafscme.com

NAPE/AFSCME LOCAL 61 5625 O Street, Suite 10 Lincoln, NE 68503