UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD Region 18

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, MINNESOTA COUNCIL 5, LOCAL NO. 3558

and

Case 18-CB-111451

HUMAN DEVELOPMENT CENTER, INC.

GENERAL COUNSELS BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

The charge in this case, as amended (Exhibits 1 (charge) and 2 (amended charge)) alleges that American Federation of State, County and Municipal Employees, AFL-CIO, Minnesota Council 5, Local No. 3558 (Respondent) 1) violated its duty of fair representation by threatening to seek discharge of certain employees for failure to pay union dues without informing them of the amounts they owed; 2) coerced employees into authorizing payroll checkoff of union dues by threatening to seek their discharge for not paying $0.00; and 3) attempted to cause Human Development Center, Inc. (the Employer) to discharge employees for failure to pay union dues without first giving employees adequate notice of their dues obligations. Based on the amended charge, a Complaint issued on November 20, 2013 (Exhibit 3). General Counsel submits that the pleadings in this matter, together with the exhibits, including Respondent's answer (Exhibit 4) and amended answer (Exhibit 5), demonstrate that there are no issues of

fact requiring a hearing to be held and that the case should be determined on the pleadings and exhibits. I. UNDISPUTED ALLEGATIONS OF THE COMPLAINT Exhibits attached to the Motion for Summary Judgment establish the following undisputed facts: 1. The charge and amended charge were filed and served. Exhibit 3, para. 1; Exhibit 4, para. 2. 2. The Employer is engaged in commerce within the meaning of the Act. Exhibit 3, para. 2; Exhibit 5, para. 1. 3. Respondent is a labor organization within the meaning of Section 2(5) of the Act. Exhibit 3, para. 3; Exhibit 4, para. 4. 4. At all material times, Eliot Seide held the position of Respondents Executive Director and has been an agent of Respondent within the meaning of Section 2(13) of the Act. Exhibit 3, para. 4; Exhibit 4, para. 4. 5. The following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(a) of the Act: All full-time and regular part-time employees, including professional employees, employed by the Employer at or out of the Employers facilities located in St. Louis, Carlton, Lake and Cook Counties, Minnesota; excluding guards and supervisors as defined in the National Labor Relations Act, as amended, physicians, clients and consumers employed for rehabilitation or similar therapeutic purposes, and all other employees. Exhibit 3, para. 5; Exhibit 4, para. 4. 6. At all material times, Respondent and the Employer have maintained and enforced collective-bargaining agreements covering wages, hours and other terms and conditions of employment of the employees in the Unit described above in paragraph 5, including union-security and dues checkoff provisions. Exhibit 3, para. 6; Exhibit 4, para. 4. Relevant portions of the collective bargaining agreement are attached, Exhibit 6.1

The 2010-2012 contract included an evergreen clause that precluded any legal hiatus between agreements, which is not contested in this case.

7. At all material times, based on Section 9(a) of the Act, the Union has been the exclusive collective-bargaining representative of the Unit described above in paragraph 5. Exhibit 3, para. 6; Exhibit 4, para. 4. II. FURTHER UNDISPUTED FACTS Respondent denied paragraphs 7 and 8 of the Complaint, which allege that its communications with employees and with the Employer did not adequately inform employees of their dues obligations before threatening them with, or seeking, their termination. On the other hand, Respondent filed a position statement in response to the charge providing copies of its communications to the Employer and to employees that it considered relevant to the charge allegations. Exhibit 7. These communications establish the following: 8. On various dates between September 10, 2012, and May 2, 2013, Respondent, by its Executive Director Eliot Seide, sent letters to at least eleven employees informing them of their obligation under the union security clause and providing a chart from which monthly dues may be calculated, variably based on employees monthly wage. Besides the address, these letters are identical, and will be referred to herein as the Introduction for Employees Letter. Exhibit 8.2 9. On March 15, 2013, Respondent followed up the Introduction for Employees Letter with letters explaining the union security obligation and stating that the named employees were [c]urrently . . . in arrears for one (1) months fees in the amount of $0.00. The letter also states that if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment. The letter also states that payment must be made at Respondents office in South St. Paul, Minnesota, between 8 a.m. and 4:30 p.m. weekdays, or [a]lternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card. Exhibit 9. Besides the address, these letters are identical and will be referred to herein as the Threat to Employees Letter. 10. On March 15, 2013, Respondent sent a letter to the Employer notifying the Employer that at least eight named employees (those who were also sent the Threat to Employees Letter on the same date) have failed to comply with their union security obligations and have been notified of their impending termination.
2

These letters included an explanation of employees rights to opt out of full membership and any obligation to pay a share of Respondents nonrepresentational expenses, which is not contested in this case.

This letter also says that if the named employees fail to comply, Respondent will send the Employer a final confirming letter to terminate the employee(s) immediately upon receipt. Exhibit 10. This letter will be referred to herein as the Notice to Employer Letter. 11. On April 16, 2013, Respondent sent a letter to the Employer requesting that it immediately terminate two named employees for failing to comply with their union security obligations. Exhibit 11. This letter will be referred to herein as the Demand to Employer Letter. 12. On April 16, May 16, and July 8, 2013, Respondent sent additional Threat to Employees Letters to three additional employees of Respondent. Exhibit 8. 13. On April 16, May 16, and July 8, 2013, Respondent sent additional Notice to Employer Letters to the Employer naming three additional employees as being behind in their union security obligations. Respondent denied the legal conclusions alleged in paragraphs 9, 10, and 11 of the Complaint. Instead, it claims in its answer that it provided employees with proper notice and opportunity. In its position statement, Respondent has been forthcoming with the communications it made to employees and the Employer it merely disputes their legal sufficiency. It is clear from the position statement that the dispute in this case is not with facts relevant to notice and opportunity, but whether the communications described above are, as a matter of law, sufficient to establish notice and opportunity. This is an issue for which no hearing is required. III. ARGUMENT A. The Threat to Employee Letters Fail to Satisfy Respondents Duty of Fair Representation Before seeking an employees discharge for not paying dues, a union has a duty, as part of its duty of fair representation under Section 8(b)(1)(A) of the Act, to give employees reasonable notice of the delinquency, including a statement of the precise amount and months for which dues are owed and of the method used to compute this

amount. Laborers Local 578 (Shaw Constr.), 352 NLRB 1005, 1013 (2008), enfd. 594 F.3d 732 (10th Cir. 2010) (quoting Coopers NIU (Blue Grass), 299 NLRB 720, 723 (1990). Accord Monson Trucking, 324 NLRB 933, 934 (1997); California Saw and Knife Works, 320 NLRB 224, 232 (1995). All of the Threat to Employee Letters in this case threaten discharge if employees fail to pay $0.00 within 15 days. This is not a clear statement of the amount owed and the months for which dues are owed. On the contrary, it is a clear statement that nothing is owed. The Board has long held . . . that the extremity of the penalty against the employee for nonpayment of dues requires that it should not be sanctioned unless as a practical matter the Union has taken the necessary steps to make certain that a reasonable employee will not fail to meet his membership obligation through ignorance or inadvertence but will do so only as a matter of conscious choice. Monson Trucking, 324 NLRB at 934 (quoting Conductron Corp., 183 NLRB 419, 426 (1970)). It is unlawful for a union to give an employee an unexplained sum total and leave the employee to do the math based on previous statements of the general formula for calculating dues and fees. Laborers International Union Of North America, Local Union 578 (Shaw Stone And Webster Construction, Inc.), 352 NLRB 1005, 1013 (2008). In this case, Respondent didnt even give the employees a sum total it left them totally in the dark as to their actual arrearage. See also California Saw and Knife Works, 320 NLRB 224, 305 (1995) (strict fiduciary duty violated when union miscalculates). Respondents position statement says it wrote 0 because dues are a percentage of salary, salary was subject to negotiation at the time, and therefore Respondent couldnt tell how much in arrears any one employee was at the time. 5

Respondent cannot evade its duty of fair representation by adopting a method of assessing dues that makes things difficult. If clear notice of the amount owed is required by duty of fair representation, then Respondent will have to adopt a method and formula for assessing dues that will enable it to make a clear calculation before it is entitled to enforce union security. The fiduciary obligation is not interpreted for a unions convenience, but for protection of the employees jobs. Cf. Monson Trucking, 324 NLRB at 935, which rejected the unions contention that it needed employees social security numbers to accept dues because that was the code it used to log dues payments. Moreover, even if wages were subject to negotiation at the time, unless Respondent wants to claim that the Employer was issuing blank IOUs instead of paychecks pending completion of the negotiations, the Employer was still paying a certain wage. Therefore, not only is Respondents claim legally insufficient even if true, it just cant be true. B. The Threat to Employees Letters Reasonably Tend to Coerce Employees into Authorizing Dues Checkoff In Comau, Inc., 358 NLRB No. 73, slip op. at 4 (June 27, 2012) (footnotes omitted), the Board summarized the general legal principles applicable to this issue in an 8(a)(1) case: An employer may not lead employees to believe that the duescheckoff authorization method of fulfilling financial obligations to their union is compulsory. Rochester Mfg. Co., 323 NLRB 260 (1997). The Board has repeatedly held that the Act guarantees to each employee the right to determine for himself, free from coercion, whether he shall sign a checkoff authorization or not. Herman Bros., Inc., 264 NLRB 439, 442 (1982). Any conduct, express or implied, which coerces an employee in his attempt to exercise this right clearly violates [the Act]. Electronic

Workers IUE Local 601 (Westinghouse Electric Corp.), 180 NLRB 1062 (1970). The same principle applies to unions, as established in Comau itself, in which the Board found the employer and union both liable for a supervisors coercive statements to an employee made in a union agents presence. No express threat of adverse consequences was required besides calling the employee to the human resources managers office for an interrogation into the employees reluctance to sign checkoff, the main statement found coercive in Comau was the managers response to the employees offer to pay in cash the manager didnt want [union] officials running around once a month collecting 20 bucks from everyone. Id. The test of coercion is what a reasonable employee would think. See, e.g., Graphic Communications Conference/International Brotherhood Of Teamsters, Local 137c (Offset Paperback Mfrs., Inc.), 359 NLRB No. 22, slip op. at 7 (Nov. 27, 2012). The first thing a reasonable employee would think after reading the Threat to Employees letter is, Everything is fine, I owe $0.00. Thats what makes the letter a breach of Respondents duty of fair representation. The next thing a reasonable employee would think is, This still says they are going to try to get me fired in fifteen days if I dont do something. And what choices for action are offered? Either 1) If you choose to make payments directly to the Union, . . . you must [emphasis added] make such payments by paying in cash, check or money order at the South St. Paul office located at 300 South Hardman Avenue. The office will receive payments MondayFriday between the hours of 8:00 a.m. and 4:30 p.m.; or 2) Alternatively for your convenience you can return the enclosed Authorization for Payroll Deduction card, which permits [the Employer] to deduct the funds from your paycheck. 7

This choice coerces employees into authorizing checkoff in two ways. First, the only alternative literally offered to checkoff is for employees to appear in person with cash or check at Respondents office in South St. Paul, Minnesota during weekday bankers hours. The Employer is located in Duluth, Minnesota, 150 miles away, and presumably all or most employees live within commuting distance of Duluth, not South St. Paul. Counsel for the General Counsel urges the Board to find this choice coercive absent some evidence or argument why mailing a check should not be sufficient. Cf. Zurn Nepco, 316 NLRB 811, 818-819 (1995) (employer that offered no alternative to signing checkoff forms unintentionally but unlawfully coerced checkoff). Second, the demand for $0.00 also makes this choice coercive independent of the travel issue. Respondent claims it cant tell employees in advance how much they owe. A reasonable employee faced with this discharge threat would be likely to conclude that signing checkoff is the only thing the employee can do to head off the discharge threat, and just let the Employers accountants determine the final bill. Under the reasoning of Comau and Zurn Nepco, Respondents demand is coercive within the meaning of Section 8(b)(1)(A) of the Act. C. The Demand to Employer Letters Violate Section 8(b)(2) If Respondents Threat to Employees Letters are either a violation of the duty of fair representation or coercive in violation of Section 8(b)(1)(A), then the Demand letters sent to the Employer on April 16 are 8(b)(2) violations. See L.D. Kichler Co., 335 NLRB 1427, 1431-1432 (2001) (by not informing employee of precise amount of dues owed, union failed to lay the necessary groundwork for a lawful demand for discharge);

Hospital del Maestro, 323 NLRB 93, 94 (1997) (8(b)(2) violation based on coerced checkoff and failure to inform employee of dues owed). IV. CONCLUSION Based on the foregoing, Respondent has violated Section 8(a)(1)(A) and (2) as alleged in the Complaint. Therefore, General Counsel respectfully requests that the Board enter an appropriate remedial order, including requiring Respondent to cease and desist from threatening to seek employees termination without giving them lawful notice of their dues obligations; to cease and desist from coercing employees into authorizing payroll checkoff for dues payments; and to cease and desist from demanding that the Employer terminate employees for not paying dues without fully explaining employees legal obligations and without giving them an uncoerced choice of payment method; and affirmatively to withdraw any termination demands made of this Employer since March 1, 2013 and notify employees that it has done so. Dated at Minneapolis, Minnesota, this 27th day of December, 2013

Respectfully submitted,

Joe Bornong

________________________________________ Joseph Bornong, Counsel for the General Counsel National Labor Relations Board Region 18 330 South Second Avenue Suite 790 Minneapolis, MN 55401

Digitally signed by Joe Bornong DN: cn=Joe Bornong, o=National Labor Relations Board, ou=Region 18, email=joe.bornong@nlrb.gov, c=US Date: 2013.12.27 08:56:22 -06'00'

Table of Exhibits

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

Charge filed in Case No. 18-CB-111451 on August 19, 2013 Amended Charge filed in Case No. 18-CB-111451 on November 6, 2013 Complaint in Case No. 18-CB-111451 issued on November 20, 2013 Answer in Case No. 18-CB-111451 filed on December 3, 2013 Amended Answer in Case No. 18-CB-111451 filed on December 11, 2013 Collective Bargaining Agreement Respondents Position Statement filed on September 27, 2013 Introduction for Employees Letter Threat to Employees Letter Notice to Employer letter Demand to Employer letter

10

EXHIBIT 1

INTERNET FORM NLRB-508 (2-08)

FORM EXEMPT UNDER 44 U Sc 3512

UNITED STATES OF AMERICA NATIONAL LABOR RELATIONS BOARD

DO NOT WRITE IN THIS SPACE Case Date Filed

CHARGE AGAINST LABOR ORGANIZATION OR ITS AGENTS

18-CB-111451

August 19, 2013

INSTRUCTIONS. File an original with NLRB Regional Director for the region in which the alleged unfair labor practice occurred or is occurring. 1. LABOR ORGANIZATION OR ITS AGENTS AGAINST WHICH CHARGE IS BROUGHT a. Name b. Union Representative to contact

American Federation of State, County and Municipal Employees, AFL-CIO, Minnesota Council 5, Local No. 3558
c. Address (Street, city, state, and ZIP code)

Ken Loeffler-Kemp

d Tel. No

e Cell No

211 West Second Street Duluth, rvini 55802

218-722-0577
f Fax No.

218-726-9606
g. e-Mail ken.loefflerkemp@afscmemn.o ro

218-722-6802

h. The above-named organization(s) or its agents has (have) engaged in and is (are)engaging in unfair labor practices within the meaning of section 8(b), of the National Labor Relations Act, and these unfair labor practices subsection(s) (list subsections) 2 are unfair practices affecting commerce within the meaning of the Act, or these unfair labor practices are unfair practices affecting commerce within the meaning of the Act and the Postal Reorganization Act. 2 Basis of the Charge (set forth a clear and concise statement of the facts constituting the alleged unfair labor practices)

On six occasions, commencing on 03/15/2013, and as recently as 07/17/2013, the labor organization has requested in writing that the employer terminate a number of newer unit employees for non-payment of dues or service fees. Some hadn't been employed long enough to reach a pay period, and some in fact had begun paying. More importantly, the labor organization has tolerated for months and years the non-payment of dues and service fees by many other unit employees. In response to the first termination request letter, the employer, on April 5, 2013, asked the labor organization to provide evidence that the employees were in fact delinquent and had been given fair warning. The labor organization never responded but instead continued to send termination requests. The employer charges that the labor organization, in violation of Section 8(b)(2), has attempted to cause the employer to discriminate against employees in violation of Section 8(a)(3) on some ground other than the failure of the employees to tender periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership.
3. Name of Employer 4a. Tel No b Cell No d. e-Mail didi.jezierski@hdchrc.org 6 Employer representative to contact

Human Development Center

218-730-2351
c Fax No

218-730-2363
5. Location of plant involved (street, city, state and ZIP code)

1401 East Superior Street Duluth, MN 55805

7. Type of establishment (factory, mine, wholesaler, etc) 8. Identify principal product or service

Didi Jezierski, HR Manager

9 Number of workers employed

community mental health clinic

10. Full name of party filing charge

mental health services

11a. Tel. No.

approx. 280
b. Cell No d. e- Mail

Human Development Center, a Minnesota nonprofit corporation

11. Address of party filing charge (street. city, state and ZIP code)

as above
C. Fax No.

as above

as above

as above
12. DECLARATION I declare that I have read the above charge and that the statements therein are true to the best of my knowledge and belief Tel. No.

as above
Cell No. Fax No.

By s u

0 t_<_____I of represent ye or person ffigking charge)

Didi Jezierski, HR Manager

(PrinVtype name and title or office, if any)

as above
e-Mail Address as above

as above

(date) 8/0/2013

WILLFUL FALSE STATEMENTS ON THIS CHARGE CAN BE PUNISHED BY FINE AND IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001) PRIVACY ACT STATEMENT Solicitation of the information on this form is authorized by the National Labor Relations Act (NLRA), 29 U S.C. 151 et seq. The pnncipal use of the information is to assist the National Labor Relations Board (NLRB) in processing unfair labor practice and related proceedings or litigation The routine uses for the information are fully set forth in the Federal Register, 71 Fed Reg 74942-43 (Dec. 13, 2006). The NLRB will further explain these uses upon request. Disclosure of this information to the NLRB is voluntary, however, failure to supply the information will cause the NLRB to decline to invoke its processes

EXHIBIT 2

Nov. 6. 2013 3:252M

JOHNSON KILLEN & SEILER

No 7633

P 3

INTERNET FORM NLRB-SOS (2-08)

FoRm exEmPT UNDER .4 u 5 G 351a

UNITED STATES OF AMERICA NATIONAL LABOR RELATIONS BOARD

DO NOT WRITE IN THIS SPACE

AMIE IStnErf CHARGE AGAINST LABOR ORGANIZATION

Case 18-CB-111451

1 Date Filed

OR ITS AGENTS

November 6, 2013

INS TRUCTfONS: File en original with NLRB Regional Director for the regron in which the alleged unfair labor practice occurred or rs occurring. 1 LABOR ORGANIZATION OR ITS AGENTS AGAINST WHICH CHARGE IS BROUGHT a Name b Union Representative lo contact

American Federation of State, County and Municipal Employees. AFL-CIO, Minnesota Council 5, Local No 3558

Ken Loeffler-Kemp

c Address (Street, city, state, and ZIP robe)

d Tel No

e. Cali No

211 West Second Street Duluth MN 55802

218-722-0577
f Fat No

218-726-9606
g eMail ken Ioefflerkemp@afsomemn a

218-722-5802

_JO

h The abovenamed organization(s) or its agents has (have) engaged in and is (are)engaging in unfair labor practices within the meaning of section 8(b) subsection(s) Psi subsections) (1)(A) and (2) of the National Labor Relations Att, and these unfair labor practices are unfair practices affecting commerce within the Meaning of the Act, or these unfair labor practices are unfair practices affecting commerce within the meaning of the Act and the Postal RearqanIzation Act 2 Basis of the Charge (set forth e clear and concise statement of the facts constituting the alleged unfair labor practices)

On various occasions since March 15. 2013, the Union violated its duty of fair representation by threatening to seek discharge of certain employees for failing to pay union dues without informing them of the amounts they owed. On various occasions since March 15, 2013, the Union coerced employees into authorizing payroll check-off of Union dues by threatening to seek their discharge for not paying 10 00 On various occasions since March 15, 2013, the Union attempted to cause the Employer to discharge employees for nonpayment of union dues without first giving the employees adequate notice of their dues obligations

3 Name of Employer

4a Tel No

b Cell No d eMeil kit tetterski@hdchre Gag

Human Development Center

218-730-2351
c Fax No

218-730-2353
5 Location of plant involved (street, city, stare arid ZIP cove)

1401 East First Street Duluth MN 55805

7 Type of establishment (factory, mine, wholesaler, etc j 8 Identify onncipel product or service

6 Employer representative to contact Did! JeZterS1(1, HR Manager

9 Number of workers employed

Community mental health clinic

10 Full name of party filing charge

Mental health services

ha Tel No

approx 280
b Cell No d eMan

Human Development Center. a Minnesota nonprofit corporation

as above
c Fax No

11 Address of party filing charge (street. city, stare and DP cella

as above

as above

as above
12. DECLARATION ye charge end that ill statements thereto are true to the best of my knowledge ant belief
I

Tel No

I declare el I have read the By (signa we o repres

as above
Cell No Fax No

AI

DOI Jezierski, HR Manager

7erson

akin c arge) (Pnntrlype name and tide or office, if any)

as above
eMail as above Address as above (ONO

14.1 3 -

WILLFUL FALSE STATEMENTS ON THIS CHARGE CAN BE PUNISHED BY FINE AND IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001) PRIVACY ACT STATEMENT Solicitation of the information on this form is authorized by the Nahum! labor Retahons Aci (NLRA). 29 US C 151 el see The pnncipal use of the information is to assIsl he National Labor Relation9 Board (NLRB) in processing unfas lobo, peace and related proceedings or litigation The routine uses for the inlormetron are folly set forth in the Federal Register, 71 Fed Reg 7d942-43 (Dec 13, 2005) The NURB will further explain these uses upon request Disclosure of the intonation to the NLRB is voluntary, however, failure to supply the intorrnauon will cause the NLR8 to deckle lo invoke de processes

NOV06-2013 15:20

2187223031

96%

P.03

EXHIBIT 3

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD Region 18

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, MINNESOTA COUNCIL 5, LOCAL NO. 3558

and

Case 18-CB-111451

HUMAN DEVELOPMENT CENTER, INC.

COMPLAINT This Complaint is based on a charge filed by Human Development Center, hereinafter referred to by its correct legal name, Human Development Center, Inc. (the Employer). It is issued pursuant to Section 10(b) of the National Labor Relations Act, 29 U.S.C. 151 et seq. (the Act), and Section 102.15 of the Rules and Regulations of the National Labor Relations Board (the Board), and alleges that American Federation of State, County and Municipal Employees, AFL-CIO, Minnesota Council 5, Local No. 3558 (Respondent) has violated the Act as described below: 1.(a) The charge in this proceeding was filed by the Employer on August 19, 2013, and a copy was served by regular mail on Respondent on about that same date. (b) The amended charge in this proceeding was filed by the Employer on November 6, 2013, and a copy was served by regular mail on Respondent on about that same date.

2.(a) At all material times, the Employer has been a Minnesota corporation with its principal office and place of business in Duluth, Minnesota, and has operated medical clinics providing mental health care and services. (b) In conducting its operations described above in subparagraph (a) during the past calendar year, the Employer provided services valued in excess of $50,000 directly to customers located outside the State of Minnesota. (c) In conducting its operations described above in subparagraph (a) during the past calendar year, Respondent purchased and received at its facilities located within the State of Minnesota goods and supplies valued in excess of $5,000 directly from suppliers located outside the State of Minnesota. (d) In conducting its operations described above in subparagraph (a) during the past calendar year, the Employer earned gross revenues in excess of $250,000. (e) At all material times, the Employer has been engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act, and has been a health care institution within the meaning of Section 2(14) of the Act. 3. At all material times, Respondent has been a labor organization within the meaning of Section 2(5) of the Act. 4. At all material times, Eliot Seide held the position of Respondents Executive Director and has been an agent of Respondent within the meaning of Section 2(13) of the Act. 5. At all material times, by virtue of Section 9(a) of the Act, Respondent has been the exclusive collective-bargaining representative of the following employees of the Employer, herein called the Unit:

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All full-time and regular part-time employees, including professional employees, employed by the Employer at or out of the Employers facilities located in St. Louis, Carlton, Lake and Cook Counties, Minnesota; excluding guards and supervisors as defined in the National Labor Relations Act, as amended, physicians, clients and consumers employed for rehabilitation or similar therapeutic purposes, and all other employees. 6. At all material times, Respondent and the Employer have maintained and enforced collective-bargaining agreements covering wages, hours and other terms and conditions of employment of the employees in the Unit described above in paragraph 5, including union-security and dues check-off provisions. 7.(a) By letters dated March 15, April 16, May 16, and July 8, 2013, Respondent threatened to seek the discharge of employees employment with the Employer for failure to pay union dues without giving those employees a statement of the amount owed or a reasonable opportunity to pay. (b) In the letters described above in subparagraph (a), Respondent coerced or attempted to coerce employees of the Employer into signing dues check-off authorization forms. 8. By letters dated March 15, April 16, May 16, and July 8, 2013, Respondent requested that the Employer discharge several employees for failure to pay union dues without first having given those employees a statement of the amount owed or a reasonable opportunity to pay. 9. By the conduct described above in paragraphs 7 and 8, Respondent has been restraining and coercing employees in the exercise of their rights guaranteed in Section 7 of the Act, in violation of Section 8(b)(1)(A) of the Act.

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10. By the conduct described above in paragraph 8, Respondent has been attempting to cause an employer to discriminate against its employees in violation of Section 8(a)(3) of the Act, in violation of Section 8(b)(2) of the Act. 11. The unfair labor practices of Respondent described above affect commerce within the meaning of Section 2(6) and (7) of the Act.

ANSWER REQUIREMENT Respondent is notified that, pursuant to Sections 102.20 and 102.21 of the Boards Rules and Regulations, it must file an answer to the complaint. The answer must be received by this office on or before December 4, 2013, or postmarked on or before December 3, 2013. Respondent should file an original and four copies of the answer with this office and serve a copy of the answer on each of the other parties. An answer may also be filed electronically through the Agencys website. To file electronically, go to www.nlrb.gov, click on File Case Documents, enter the NLRB Case Number, and follow the detailed instructions. The responsibility for the receipt and usability of the answer rests exclusively upon the sender. Unless notification on the Agencys website informs users that the Agencys E-Filing system is officially determined to be in technical failure because it is unable to receive documents for a continuous period of more than 2 hours after 12:00 noon (Eastern Time) on the due date for filing, a failure to timely file the answer will not be excused on the basis that the transmission could not be accomplished because the Agencys website was off-line or unavailable for some other reason. The Boards Rules and Regulations require that an answer be signed by counsel or non-attorney representative for represented parties or by the party if not represented. See Section 102.21. If the answer being filed
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electronically is a pdf document containing the required signature, no paper copies of the answer need to be transmitted to the Regional Office. However, if the electronic version of an answer to a complaint is not a pdf file containing the required signature, then the E-filing rules require that such answer containing the required signature continue to be submitted to the Regional Office by traditional means within three (3) business days after the date of electronic filing. Service of the answer on each of the other parties must still be accomplished by means allowed under the Boards Rules and Regulations. The answer may not be filed by facsimile transmission. If no answer is filed, or if an answer is filed untimely, the Board may find, pursuant to a Motion for Default Judgment, that the allegations in the complaint are true. Dated at Minneapolis, Minnesota, this 20th day of November, 2013

___ /s/ Marlin O. Osthus________________ Marlin Osthus, Regional Director National Labor Relations Board Region 18 330 South Second Avenue Suite 790 Minneapolis, MN 55401

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EXHIBIT 4

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD Region 18

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, MINNESOTA COUNCIL 5, LOCAL NO. 3558

and

Case 18-CB-111451

HUMAN DEVELOPMENT CENTER, INC.

ANSWER Respondent, for its Answer to the Agency's Complaint, states and alleges as follows: 1. Denies everything contained in the Agency's Complaint except as is affirmatively admitted, qualified, or otherwise explained in this Answer. 2. Respondent admits to the information set forth in Paragraph 1 of the Agency's Complaint. 3. Respondent lacks sufficient information and knowledge to admit or deny the allegations set forth in Paragraph 2 of the Agency's Complaint. 4. Respondent admits to the information set forth in Paragraphs 3 through 6 of the Agency's Complaint.

Allegations 5. Respondent denies the characterizations, things and matters alleged in Paragraph 7 of the Agency's Complaint. Respondent provided employees with both proper notice and opportunity. 6. Respondent denies the characterizations, things and matters alleged in Paragraph 8 of the Agency's Complaint. Respondent requested discharge after providing employees with both proper notice and opportunity. 7. Having denied the alleged conduct in Paragraphs 7 and 8 of the Agency's

Complaint, Respondent denies the characterizations, things and matters alleged in Paragraphs 9 and 10 of the Agency's Complaint. 8. Respondent denies committing the unfair labor practices referenced in Paragraph 11.

Affirmative Defenses Pending further discovery and in order to protect and preserve the rights of Respondent, the following affirmative defenses are stated: 9. Respondent asserts no affirmative defenses at this time.

WHEREFORE, Respondent respectfully requests Judgment against the Agency: a. b. Dismissing the case on the merits with prejudice; Awarding Respondent any other relief deemed just and appropriate.

Dated:

, 2013

GREGG M. CORW OFFICE, P.

ASSOCIATE

1/M4
Gregg orwin, #19033 508 East Parkdale Plaza Building 1660 South Highway 100 St. Louis Park, MN 55416 Phone: (952) 544-7774 Fax: (952) 544-7151

EXHIBIT 5

EXHIBIT 6

EXHIBIT 7

EXHIBIT 8

American Federation

EGE2330. County
F44,44441,4

Municipal Employees

300 Hardman Avenue S. South St. Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax

Minnesota Council 5

211 West 2nd street Duluth, MN 55802 (218) 722-0577 fax (2 I 8) 722-6802

www.afsanemmorg
DATE: September 10, 2012 L3558 RICHARD YOUNG 1001 30TH ST CLOQUET MN 55720-2823

TO:

FROM: Mike Buesing, President Minnesota AFSCME Council 5, AFL-CIO RE: UNION DUES/FEES

Eliot Seide, Executive Director Minnesota ARSCME Council 5, AFL-CIO

AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working conditions and welfare of our members. It is a condition of employment that all employees of HDC covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by HDC within 30 days after receipt of written notice from the Union. As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included.

Effective January 1, 2012 to December 31, 2012 your local union dues will be: MONTHLY dues will be as follows: FT Membership Dues >=3,000.01 /MO >=2,500 01 /MO >=2,000,01 /MO >=1,500.01 /MO >=1,000.01 /MO >=500.01 /MO <=500.00 / MO 51.80 47.06 42.72 37.60 32.74 28.28 14.24

5 S

Union deductions will not begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of 71.71% of member dues. This percentage will be in effect during the period January 01, 2012 through December 31, 2012, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change. Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership. Alone, workers 'are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.

American Federation

'

ea 15 :=1)

County and Municipal Employees

Melad v)

300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-4990 (651) 155-1311 fax

21 I West 2nd street Duluth, MN 55802 (218) 722-0577 fax (218) 722-6802

www.afscmemmorg
DATE: September 10, 2012 L3558 GEORGENE TISDELL 56 E 2ND ST SUPERIOR WI 54880-3021

TO:

FROM: Mike Buesing, President Minnesota AFSCME Council 5, AFL-CIO RE: UNION DUES/FEES

Eliot Seide, Executive Director Minnesota AFSCME Council 5, AFL-CIO

AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals arc those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working conditions and welfare of our members. It is a condition of employment that all employees of HDC covered 'by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by I-DC within 30 days after receipt of written notice from the Union. As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included.

Effective January 1, 2012 to December 31, 2012 your local union dues will be: MONTHLY dues will be as follows: FT Membership Dues >=3,000.01 /MO >=2,500.01 /MO >=2,000.01 /MO >=1,500.01/ MO >=1,000.01 /MO >=500.01 / MO <=500.00/ MO 51.80 47.06 42.72 37.60 32.74 28.28 14.24

Union deductions will not begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of 71.71% of member dues. This percentage will be in effect during the period January 01, 2012 through December 31, 2012, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change. Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. If you prefer to be an agency lee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership. Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.

American Federation c0 E3203:30 County and Municipal Employees wiza. tdh4,44401,4

300 Hardman Avenue S. South St. Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax Minnesota Count/15
211 West 2nd Street

Duluth, MN 55802 (218) 722-0577 fax (218) 722-6802

www.afscmemmorg
DATE: September 10, 2012 L3558 TAUSI-11A BROOKS 1917 LONDON RD DULUTH MN 55812-2039

TO:

FROM: Mike Buesing, President Minnesota AFSCME Council 5, AFL-CIO RE: UNION DUES/FEES

Eliot Seide, Executive Director Minnesota AFSCME Council 5, AFL-CIO

AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunitylo join with us in working to improve the working conditions and welfare of our members. It is a condition of employment that all employees of HDC covered by the Agreement with the Union must tender their membei ship dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by HDC within 30 days after receipt of written notice from the Union. As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included.

Effective January 1, 2012 to December 34, 2012 your local union dues will be: MONTHLY dues will be as follows: FT Membelship Dues
>=3,000 01 /MO >=2,500.01 /MO >=2,000 01/M0 >=1,500.01 /MO >=1,000.01 /MO >=500 01 /MO <=500.00 /MO S S 51.80 47.06 42.72 37.60 32.74 28.28 14.24

Union deductions will not begin until you have completed your 31 day probationary period, Agency fee payer fees will be assessed at the rate of 71.71% of member dues. This percentage will be in effect during the period January 01, 2012 through December 31, 2012, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change. Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union offiems. If you choose to be an agency fee payer, you will miss those opportunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership. Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.

American Federation

132e320 County
tvg44.044.4.

Municipal Employees

441 * 4, 1401i 44,

3001-larclrnan Avenue S. South St. Paul, MN 55075 (651) 450-4990 (651)455-13!1 fax

211 West 2nd 6tree1 Duluth, MN 55802 (218) 722-0577 fax (218) 722-6802

www.afscmemn.org
WAKIMP, -...100...11PRM 04,....4^5 nz 1 01 s*e .

DATE: October 03, 2012 L3558 ANN1KA JO BROWN 4106 E 3RD ST SUPERIOR WI 54880-4219

TO:

FROM: Mike Buesing, President Minnesota AFSCME Council 5, AFL-CIO RE: UNION DUES/FEES

Eliot Seide, Executive Director Minnesota AFSCME Council 5, AFL-CIO

AFSCME Council 5 would like to welcome you to employment Ma position covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working conditions and welfare of ow' members. It is a condition of employment that all employees of HDC covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by HDC within 30 days after receipt of written notice from the Union. As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included.

Effective January 1, 2012 to December 31,2012 your local union dues will be: MONTHLY dues will be as follows: FT Membership Dues >=3,000.0I /MO >=2,500.0l IMO >=2,000.01 /MO >=1,500,0 I /MO >=1,000.0 I /MO >=500 / MO <=500.00 /MO 51,80 47.06 42.72 37.60 32.74 28.28 14.24

Union deductions will not, begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of 71.71% of member dues. This percentage will be in &net during the period January 01, 2012 through December 31, 2012, when a new percentage will be calculated and plated into effect. As dues rateS change, your agency fee payer fee may change. Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers, If you choose to be an agency fce payer, you will miss those opportunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership. Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is Stronger Mail the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.

American Federation cOMea% County and Municipal Employees

300 Hardman Avenue S. South St. Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax

211 West 2nd Street Duluth, MN 55802 (218) 722-0577 fax (218) 722-6802

www.afscinemn.org
DATE: October 03, 2012 L3558 TO: DAWN MAGNUSON 1913 LONDON RD STE 2 DULUTH MN 55812-2084

FROM: Mike I3uesing, President Minnesota AFSCME Council 5, AFL-C10 RE: UNION DUES/FEES

Eliot Seide, Executive Director Minnesota AFSCME Council 5, AFL-CIO

AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working conditions and welfare of our members. It is a condition of employment that all employees of HDC covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by IIDC within 30 days after receipt of written notice from the Union. As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included,

Effective January 1, 2012 to December 31, 2012 your local union dues will be: MONTHLY clues will be as follows: FT Membership Dues >=3,000.01 IMO >=2,500.01 /MO >=2,000.01 /MO >=1,500.01 /MO >=1,000.01 /MO >=500 01 /MO <=500 00/M0 51 80 47.06 42 72 37.60 32.74 28 28 14 24

Union deductions will not begin until you have completed your 31 day probational), period. Agency fee payer fees will be assessed at the rate of 71.71% of member dues. This percentage will be in effect during the period January 01, 2012 through December 31, 2012, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change._ Only union members have the right to attend local union meetings, offer input, vote on contraeLs, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. It' you prefer to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membei ship. Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work, We hope you choose to join and become an active member of ow powerful union.

American Federation 03020T:1D County and Municipal Employees

4/444e

1.1.44.4seta4
Minnesota
Council5 : itreet 211 West 2nd .: Duluth, MN 55802 (218) 722-0577 fax (218) 722-6802
,Atee,
-nn, , mempoh Inammee,I.

300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax

www.afscmemn.org
DATE: January 25, 2013 L3558 BRACKIN IvIIGGINS 7926 SALO RD SAGINAW MN 55779-8045

TO:

FROM: Judy Wahlberg, President Minnesota AFSCME Council 5, AFL-CIO RE: UNION DUES/FEES

Eliot Seide, Executive Dilector Minnesota AFSCME Council 5, AFL-CIO

AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working conditions and welfare of our members. It is a condition of employment that all employees of HDC coveted by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by "HDC within 30 days after receipt of written notice from the Union. As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included.

Effective January 1, 2013 to December 31, 2013 your local union dues will be: MONTHLY dues will be as fbllows: FT Membership Dues >$3000.01/M0 >=$2500.01/MO >=2000/MO >.1500,01/M0 >=1000.01/M0 >=500.01/MO <500/M0 52.10 47.36 43 02 37.90 33.04 28.58 14.54

Union deductions will not begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of 73.27% of member dues. This percentage will be in effect during the period January 01, 2013 through December 31, 2013, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change. Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you ehoose to be an agency fee payer, you will miss those opportunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership. Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the. bosses who threaten our pensions, our health care, and even our jribs as they by to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.

nG532503aD Fede a on GO Efsackra) County and Municipal Employees 144.4.44444 0,44,141 AFSCME
300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax Minnesota CountilS 21 I West 2nd :itreet Duluth, MN 55802 (218) 722-0577 fax (218) 722-6802

_ lorwvfscnietrimorg
DATE: January 25, 2013 L3558 MATTHEW ZEMLER 2205W 10TH ST DULUTH MN 55806-1234

TO:

FROM: Judy Wahlberg, President Minnesota AFSCME Council 5, AFL-CIO RE: UNION DUES/FEES

Eliot Seide, Executive Director Minnesota AFSCME Council 5, AFL-CIO

AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working conditions and welfare of our members. It is a condition of employment that all employees of HDC covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shalt be electing to voluntarily end their employment and will be discharged by HDC within 30 days alter receipt of written notice from the Union. As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been -included.

Effective January 1, 2013 to December 31, 2013 your local union dues will be: MONTHLY dues will be as follows: FT Membership Dues >$3000.01/M0 >=$2500.01/M0 >=2000/M0 >=1500,01/M0 >=1000.01/M0 >=500 01/M0 <500/M0 52.10 47.36 43.02 37.90 33,04 28.58 14.54

Union deductions will not begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of' 73:27% of member dues. This percentage will be in effect during the period January 01, 2013 through December 31, 2013, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fcc may change. Only union members have the right to attend local union meetings, offer input, vote on contracts,.run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those oppoitunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the-top of this letter, Attn: Membership. Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.

American Federation

C32e(IGb County and Municipal Employees

H4,444014
211 West 2nd Street Duluth, MN 55802 (2 I 8) 722-0577 fax (218) 722-6802

300 Hardman Avenue S. South St Paul, MN 55075 (65 I ) 450-4990 (651) 455-1311 fax

Minnesota Council 5

www.afsatiemmorg
DATE: February 20, 2013 L3558 MANDY JOHNSON 674 ABLE1TER RD WRENSHALL MN 55797-9108

TO:

FROM: Judy Wahlbcrg, President Minnesota AFSCME Council 5, AFL-00 RE: UNION DUES/FEES

Eliot Seide, Executive Director Minnesota AFSCME Council 5, AFL-CIO

AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working conditions and welfare of our members. It is a condition of employment that all employees of HDC covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by HDC within 30 days after receipt of written notice from the Union. As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included.

Effective January 1,2013 to December 31, 2013 your local union dues will be: MONTHLY dues will be as follows: FT Membership Dues >$3000 01/M0 >42500.01/MO >=2000/M0 >=1500,01/MO >=1000.01/M0 >=500,01/M0 <500/M0 52.10 47 36 43 02 37 90 33 04 28 58 4 54

8 8

Union deductions will not begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of 73.27% of member dues, This percentage will be in effect during the period January 01, 2013 through December 31, 201,3, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change. Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership. Alone, workers are like fingers poking at had bosses. United, we fuse our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work, We hope you choose to join and become an active member of our powerful union.

American Federa

.1 fl

County

Municipal Emplo ees vacem

211 West 2rd z;treet Duluth, MN 55802 (218) 722-0577 fax (218) 722-6802

300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax

Mhinvota Co ail 5

,WWW.afcernernriOrg

DATE: March 05, 2013 L3558 NANCIANNE WITT PO BOX 162 12405 E COUNTY ROAD 11 LAKE NEBAGAMON WI 54849

TO:

FROM: Judy Wahlberg, President Minnesota AFSCME Council 5, AFL-CIO RE: UNION DUES/FEES

Eliot Scidc, Executive Director Minnesota AFSCME Council 5, AFL-CIO

AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working conditions and welfare of our members. It is a condition of employment that all employees of UDC covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by HDC within 30 days after receipt of written notice from the Union. As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included.

Effective January 1, 2013 to December 31, 2013 your local union dues will be: MONTHLY dues will be as follows: FT Membership Dues >$3000.01/M0 >42500.01/MO >=2000/M0 >=1500 01/M0 >=1000.01/M0 >=500.01/M0 <500/M0 52 10 47.36 43.02 37.90 33.04 28 58 14 54

5 5

Union deductions will not begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of 73.27% of member dues. This percentage will be in effect during the period January 01, 2013 through December 31, 2013, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change. Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership. Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.

American Federation

23eWo County and

(pag Vitaa q=a 44.44444 CME
A

Municipal Employees

300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax

Minnesota
Council

211 West 2nd street Duluth, MN 55802 (218) 722-0577 fax (218) 722-6802

www.afsonemmorg
DATE: April 17, 2013 L3558 ERIC CARLSON 1817 E 3RD ST STE 2 DULUTH MN 55812-1776

TO:

FROM: Judy Wahlberg, President Minnesota AFSCME Council 5, AFL-CIO RE UNION DUES/FEES

Eliot Seidc, Executive Director Minnesota AFSCME Council 5, AFL-CIO

AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working conditions and welfare of our members. It is a condition of employment that all employees of IIDC covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by I-IDC within 30 days after receipt of written notice from the Union. As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included.

Effective January 1, 2013 to December 31, 2013 your local union dues will be: MONTHLY dues will be as follows: FT Membership Dues >$3000.01/M0 >=$2500.01/M0 >=2000/M0 >=1500.01/M0 >=1000.01/M0 >=500.01/M0 <500/M0 52.10 47,36 43.02 37.90 33 04 28 58 14.54

Union deductions will not begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of 73.27% of member dues, This percentage will be in effect during the period January 01, 2013 through December 31, 2013, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change. Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership. Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work, We hope you choose to join and become an active member of our powerful union.

300 Hardman Avenue S. South St. Paul, MN 55075 (651) 450A990 (651) 455-1311 fax

211 West 2nd Street Duluth, MN 55802 (218) 722-0577 fax (2 I 8) 722-6802

w w.atscmemn.or2
DATE: May 02, 2013 L3558 HEATHER BEAM 4351 W TISCHER RD DULUTH MN 55803-9404

TO:

FROM: Judy Wahlberg, President Minnesota AFSCME Council 5, AFL-C10 RE: UNION DUES/FEES

Eliot Seide, Executive Director Minnesota AFSCME Council 5, AFL-C10

AFSCME Council 5 would like to wercome'you to employment in a pOsition covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working cOnditions and welfare of our members. It is a condition of employment that all employees of HDC covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by HDC within 30 days after receipt of written notice from the Union. As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included.

Effective January 1, 2013 to December 31, 2013 your local union dues will be: MONTHLY dues will be as follows: FT Membership Dues >$3000.01/M0 >42500.01/M0 >=2000/MO >=1500.01/M0 >=1000.01/M0 >=500.01/M0 <500/M0 52 10 47.36 43.02 37 90 33.04 28.58 14.54

Union deductions will not begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of 73.27% of member dues. This percentage will be in effect during the period January 01, 2013 through December 31, 2013, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change. Only union members have the right to attend local union meetings,, offer input, vote 011 contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. If you meter to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership. Alone, workers are like fingers poking at bad bosses. United, we fuSe our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.

EXHIBIT 9

300 Hardman Avenue S. Soulh St Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax

211 West 2nd Street Duluth, MN 55802 (218) 722-0577 fax (218) 722-6802

www.afscmemnoorg

March 15, 2013

Local 3558-HDCDU Richard Young 1001 30th St Cloquet, MN 55720-2823

ATTN: Hdc Employee RE: Termination letter for non-payment of Member Dues/Agency Fee Payer Fees

A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by 1-Idc within 30 days after receipt of written notice to Hdc from the Union. Currently you are in arrears for one (1) month's fees in the amount of $0.00. Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter. Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment. Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward. AFSCME Council 5 Membership Department Enclosures

American Federation 414144.4a

300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax

Count and Municipal Emplo ees

itypia/14
211 West 2nd Street Duluth, MN 55802 (218) 722-0577 fax (218) 722-6802

Minnesota ;RAW 5

www.afsanemmorg

March 15, 2013

Local 3558-HDCDU Georgene Tisdell 56 E 2nd St Superior, WI 54880-3021

ATTN: Hdc Employee RE: Termination letter for non-payment of Member Dues/Agency Fee Payer Fees

A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union. Currently you are in arrears for one (1) month's fees in the amount of $0.00. Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter. Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment. Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward. AFSCME Council 5 Membership Department Enclosures

American Federation

Courity and Municipal Employees 4,44 4 1 4/04Ze fr14.444014 &dam

AFSCME
Minneso Council 5 211 West 2nd Street Duluth, MN 55802 (218) 722-0577 fax (218) 722-6802

300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax

www.afscrnemmorg

March 15, 2013

Local 3558-HDCDU Taushia Brooks 525 Kenwood Ave #325 Duluth, MN 55811-2157

ATTN: Hdc Employee RE: Termination letter for non-payment of Member Dues/Agency Fee Payer Fees

A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union. Currently you are in arrears for one (1) month's fees in the amount of $0 00. Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter. Please make immediate arrangements to pay your member dues or agency fee payer fees You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4.30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment. Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward. AFSCME Council 5 Membership Department Enclosures

American Federation 03 eMeGo County and Municipal Employees

AFSCINE
300 Hardman Avenue S. South St Paul, MN 55075 (65 I) 450-4990 (651)455.1311 fax 21 I West 2nd Street Duluth, MN 55802 (218) 722-0577 fax (218) 722-6802

www.afscmemmorg
r ,Argoir*

Ears' , Parri.

March 15, 2013

Local 3558-HDCDU Annika Jo Brown 4106 E 3rd St Superior, WI 54880-4219

ATTN: Hdc Employee RE: Termination letter for non-payment of Member Dues/Agency Fee Payer Fees

A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union. Currently you are in arrears for one (1) month's fees in the amount of $0.00. Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter. Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8.00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment. Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers, If you choose to be an agency fee payer, you will miss those opportunities. We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward. AFSCME Council 5 Membership Department Enclosures

American Federation oCECE0a, County and Municipal Employees

3001-lardman Avenue S. South St. Paul, MN 55075 (651) 950-4990 (651) 455-1311 fax

211 West 2nd Street Duluth, MN 55802 (218) 722-0577 fax (218) 722-6802

www.afscmemn.org

March 15, 2013

Local 3558-HDCDU Brackin Miggins 7926 Salo Rd Saginaw, MN 55779-8045

ATTN: Hdc Employee RE. Termination letter for non-payment of Member Dues/Agency Fee Payer Fees

A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union. Currently you are in arrears for one (1) month's fees in the amount of $0.00. Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter. Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment. Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers If you choose to be an agency fee payer, you will miss those opportunities. We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward. AFSCME Council 5 Membership Department Enclosures

American Federation co
4241
300 Hardman Avenue S. South St Paul, MN 55075 (651) 150-4990 (651) 455-1311 fax

County and Municipal Employees

4, 44e4444 4tio1444
211 West 2nd Street Duluth, MN 55802 (218) 722-0577 Fax (218) 722-6802

101/0110" Co Lig

www.afsanemn.org

March 15, 2013

Local 3558-HDCDU Matthew Zemler 2205 W 10th St Duluth, MN 55806-1234

ATTN: Hdc Employee RE: Termination letter for non-payment of Member Dues/Agency Fee Payer Fees

A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union. Currently you are in arrears for one (1) month's fees in the amount of $0.00. Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter. Please make immediate arrangements to pay your member dues or agency fee payer fees, You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment. Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. We regret taking this action and sincerely hope there will be no interruption in your employment If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward. AFSCME Council 5 Membership Department Enclosures

American Federation toCIE120130 County and Municipal Employees

wei} rJ191,
300 Hardman Avenue S. South St. Paul, MN 55075 (651) 450-4990 (651) 55-1311 fax 21 I West. 2nd Street Duluth, MN 55802 (218) 722-0577 fax (218) 722-6802

www.afscmemneor

March 15, 2013

Local 3558-HDCDU Mandy Johnson 674 Ableiter Rd Wrenshall, MN 55797-9108

ATTN: lido Employee RE: Termination letter for non-payment of Member Dues/Agency Fee Payer Fees

A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union. Currently you are in arrears for one (1) month's fees in the amount of $0.00. Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter. Please make immediate arrangements to pay your member dues or agency fee payer fees You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment. Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward. AFSCME Council 5 Membership Department Enclosures

American Federation ca 23032t) County and Municipal Employees

14444444 04144144
300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-4990 (651) 455-1311 lax

Minnesota

au"Tail

211 West 2nd Street Duluth, MN 55802 (218) 722-0577 fax (218) 722-6802

www.afscrnemmorg

April 16, 2013

Local 3558-HDCDU Nancianne Witt 12405 E County Road B Lake Nebagamon, WI 54849

ATTN Hdc Employee RE: Termination letter for non-payment of Member Dues/Agency Fee Payer Fees

A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union. Currently you are in arrears for one (1) month's fees in the amount of $0.00. Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter. Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward. AFSCME Council 5 Membership Department Enclosures

Federation

County and Municipal Employees

300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax

innesota

CouncuS

211 West 2nd Street Duluth, MN 55802 (218) 722-0577 fax (218) 722-6802

www.afsariemn.ors

May 16, 2013

Local 3558-HDCDU Eric Carlson 1817 E 3rd St Ste 2 Duluth, MN 55812-1776

RE:

ATTN: Hdc Employee Termination letter for non-payment of Member Dues/Agency Fee Payer Fees

A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union. Currently you are in arrears for one (1) month's fees in the amount of $0.00. Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter. Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment. Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward. AFSCME Council 5 Membership Department Enclosures

American Federation 00020300 County and Municipal Employees

300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax

211 West 2nd Street Duluth, MN 55802 (218) 722-0577 fax (2 I 8) 722-6802

www.afscmemn.org

July 08, 2013

Local 3558-HDCDU Heather Beam 4351 W Tischer Rd Duluth, MN 55803-9404

ATTN: Hdc Employee Termination letter for non-payment of Member Dues/Agency Fee Payer Fees RE:

A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union. Currently you are in arrears for one (1) month's fees in the amount of $0.00. Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter. Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment. Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward. AFSCME Council 5 Membership Department Enclosures

American Federation

MEW County and Municipal Employees

c`033c,t4ews
300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax

lelinneso C

211 West 2nd Street Duluth, MN 55802 (218) 722-0577 fax (218) 722-6802

www.afscmemmerg

March 15, 2013

Local 3558-HDCDU Lena Peterson 5602 Loop 36 Aurora, MN 55705-8300

ATTN: Hdc Employee RE: Termination letter for non-payment of Member Dues/Agency Fee Payer Fees

A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union, Currently you are in arrears for one (1) month's fees in the amount of $0.00. Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter. Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due, You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment. Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward. AFSCME Council 5 Membership Department Enclosures

EXHIBIT 10

American Federation CO Wea.2i) County and Municipal Employees

1104a 300 Hardman Avenue S South St Paul, MN 55075 150-4990 (651) 1 (651) 455-1311 fax

t4:444.444
Minnesota Council s 211 West 2nd Street Duluth, MN 55802 (218) 722-0577 fax (2 1 8) 722-6802

www.afscmemn.org
March 15, 2013 HOC Attn: Didi Jezierski 1401 EAST FIRST STREET DULUTH, MN 55805 RE: UNION SECURITY COMPLIANCE

Dear Didi: Our records show that the employees on the attached list have not complied with the Contract Agreement between HOC and AFSCME. Consequently and regretfully it is necessary for us to request that HDC terminate the employee(s) for failure to comply with this portion of the Contract Agreement. Prior to this letter, the employee received a card and information letter with their orientation packet as sent by AFSCME to the employees regarding this contractual responsibility. To date, the employee(s) has failed to comply. The employee(s) noted have now been notified of their pending termination. This notice is to serve of the advance notice of termination as described in the collective bargaining agreement. Should the employee(s) fail to comply with said notice you will be sent a final confirming letter to terminate the employee(s) immediately upon receipt. If you have questions, please contact Kristi Hendel in our membership department via email at Kristi.Hendel@afscmemn.org or by calling 651-287-0503. Sincerely, Eliot Seide Executive Director AFSCME Council 5, AFL-CIO ES/membership

DIANE FIRKUS File (electronic)

Local Field Representative

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41,401 300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax

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Minnesota Council '5 211 West 2nd Street Duluth, MN 55802 (218) 722-0577 fax (218) 722-6802

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April 16, 2013 HDC Attn: Didi Jezierski 1401 EAST FIRST STREET DULUTH, MN 55805 RE: UNION SECURITY COMPLIANCE

Dear Didi: Our records show that the employees on the attached list have not complied with the Contract Agreement between HDC and AFSCME. Consequently and regretfully it is necessary for us to request that HDC terminate the employee(s) for failure to comply with this portion of the Contract Agreement. Prior to this letter, the employee received a card and information letter with their orientation packet as sent by AFSCME to the employees regarding this contractual responsibility. To date, the employee(s) has failed to comply. The employee(s) noted have now been notified of their pending termination. This notice is to serve of the advance notice of termination as described in the collective bargaining agreement, Should the employee(s) fail to comply with said notice you will be sent a final confirming letter to terminate the employee(s) immediately upon receipt. If you have questions, please contact Kristi Hendel in our membership department via email at Kristi.Hendel@afscmemn.org or by calling 651-287-0503. Sincerely, Eliot Seide Executive Director AFSCME Council 5, AFL-CIO ES/membership

DIANE FIRKUS File (electronic)

Local Field Representative

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American Federation

Ets32t) County and Municipal Employees

1-1;44,44,444 4441404

300 Hardman Avenue S. South St Paul, MN 55075 (651)21504990 (651) 455-1311 fax

211 West 2nd Street Duluth, MN 55802 (218) 722-0577 fax (218) 722-6802

May 16, 2013 HDC Attn: Didi Jezierski 1401 EAST FIRST STREET DULUTH, MN 55805 RE: UNION SECURITY COMPLIANCE

Dear Didi: Our records show that the employees on the attached list have not complied with the Contract Agreement between HDC and AFSCME. Consequently and regretfully it is necessary for us to request that HDC terminate the employee(s) for failure to comply with this portion of the Contract Agreement. Prior to this letter, the employee received a card and information letter with their orientation packet as sent by AFSCME to the employees regarding this contractual responsibility. To date, the employee(s) has failed to comply. The employee(s) noted have now been notified of their pending termination. This notice is to serve of the advance notice of termination as described in the collective bargaining agreement. Should the employee(s) fail to comply with said notice you will be sent a final confirming letter to terminate the employee(s) immediately upon receipt. If you have questions, please contact Kristi Hendel in our membership department via email at Kristi.Hendel@afscmemn.org or by calling 651-287-0503. Sincerely, Eliot Seide Executive Director AFSCME Council 5, AFL-CIO ES/membership

DIANE FIRKUS File (electronic)

Local Field Representative

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American Federation
4, 14441 300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-4990 (651) 155-1311 fax

County and Municipal Employees F14.444.41.4 41/41 410;.ce

2 I I West 2nd Street Duluth, MN 55802 (2 I 8) 722-0577 fax (218) 722-6802

www.afsmtemmor

July 08, 2013 HDC Attn: Didi Jezierski 1401 EAST FIRST STREET DULUTH, MN 55805 RE: UNION SECURITY COMPLIANCE

Dear Didi: Our records show that the employees on the attached list have not complied with the Contract Agreement between HDC and AFSCME. Consequently and regretfully it is necessary for us to request that HDC terminate the employee(s) for failure to comply with this portion of the Contract Agreement. Prior to this letter, the employee received a card and information letter with their orientation packet as sent by AFSCME to the employees regarding this contractual responsibility. To date, the employee(s) has failed to comply. The employee(s) noted have now been notified of their pending termination. This notice is to serve of the advance notice of termination as described in the collective bargaining agreement. Should the employee(s) fail to comply with said notice you will be sent a final confirming letter to terminate the employee(s) immediately upon receipt. If you have questions, please contact Mary Miller in our membership department via email at Mary.Miller@afscmemn.org or by calling 651-287-0500. Sincerely, Eliot Seide Executive Director AFSCME Council 5, AFL-CIO ES/membership

DIANE F1RKUS File (electronic)

Local Field Representative

First Name HEATHER _

:Last Name BEAM

-Address Line t

- 'City

State Abbr. Hire Date :Job Status Nam Local Code MN 4/8/2013 ACTIVE 3558

Member Type Name POTENTIAL

4351 W TISCHER RD DULUTH

EXHIBIT 11

American Federation agE320320 Coun Municipal Employees 44041 aaa 14444444,4 AFSCME
300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-9990 (651)955-1311 fax

Minnesota C=1 5 v_IyAw.a4;

211 West 2nd Street Duluth, MN 55802 (218) 722-0577 fax (218) 722-6802

April 16, 2013 HDC Attn: Didi Jezierski 1401 EAST FIRST STREET DULUTH, MN 55805 RE: UNION SECURITY COMPLIANCE

Dear Didi: Our records show that the employees on the attached list have not complied with the Union Security Clause in the Collective Bargaining Agreement between HDC and AFSCME. Consequently and regretfully it is necessary for us to request that HDC immediately terminate the employee(s) for failure to comply with this portion of the Contract Agreement. Please notify us of your action. If you have questions, please contact our membership department at 651-450-4990. Sincerely, Eliot Seide Executive Director AFSCME Council 5, AFL-C10 ES/membership

DIANE FIRKUS File (electronic)

Local Field Representative

Employee No. First Name Last Name Address Line 1 TAUSHIA BROOKS LENA PETERSON 5602 LOOP 36

City

State Abbr. Zip Code 55812-2039 55705-8300

Card Sign Date Member Type Name POTENTIAL POTENTIAL

Local (Employer Name 3558 HOC 3558 HOC ,

1917 LONDON RD DULUTH MN AURORA MN