What’s
Happening
Court upholds ban
on piecemeal-paid
signature-gatherers
The U.S. Ninth Circuit Court of
Appeals on Feb. 22 upheld 2002’s
Ballot Measure 26, the union-spon-
sored measure that bans initiative sig-
nature-gatherers from being paid for
each signature collected — a practice
which had led to widespread docu-
mented fraud and abuse.
The measure has been the feature
of several news items recently because
of alleged violations of the law among
signature-gathering firms.
“The court said very clearly that the
First Amendment cannot be used as a
fig leaf for fraud and forgery,” said
Tim Nesbitt, past president of the Ore-
gon AFL-CIO and a co-sponsor of
Measure 26. “We hope that Oregon’s
Initiative Integrity Act (Measure 26)
and this decision upholding that act
will motivate voters in other states to
enact similar safeguards to protect
their initiative systems.”
Boiled down, the 38-page federal
court decision says Measure 26 does
not violate First Amendment (“free
speech”) rights by requiring signature-
gatherers to be paid by the hour, rather
than on the “bounty system” of being
paid per signature.
Among the plaintiffs was Jason
Williams of the Taxpayers Association
of Oregon. Williams’ organization
tried to place anti-tax measures on the
ballot in 2004, but was questioned by
the Oregon secretary of state’s office
about possible violations of Measure
26. Williams (and others) responded to
the inquiry by filing a lawsuit alleging
Measure 26 was unconstitutional.
Not so, said the court, which as-
serted that Measure 26 applies reason-
able constraints to the process. The
courts said Measure 26 is targeted at
electoral processes rather than at the
communicative aspect of petition cir-
culation.
“... Measure 26 imposed no severe
or substantial burdens on the circula-
K
L ABOR
AND
P OLITICAL
NEWS FR OM AR OUND THE
Council 75. “This thing could be set-
tled for about $20,000 tops.”
Wages are the primary cause of the
dispute. AFSCME is seeking a 3.3
percent cost-of-living-adjustment
retroactive to July 1, 2005 — the date
it was granted to all other Washington
County employees. The county gave
the 30 corrections employees a COLA
increase on Jan. 14, 2006.
The union also wants the county to
undertake an independent wage and
classification survey for community
corrections specialists, whose job it is
to monitor the daily activities of those
incarcerated within the county’s com-
munity corrections facility, including
security checks.
As of press time, no further talks
had been scheduled.
tion of initiative or referendum peti-
tions, and [the secretary of state’s] in-
terest in protecting the integrity of the
initiative process justified the lesser
burdens imposed by the measure,”
wrote Justice Carlos Bea.
Tom Chamberlain, president of the
Oregon AFL-CIO, said “Oregon’s ini-
tiative process should be people-pow-
ered, not run by wealthy out-of-state
interests who will pay $10 for a signa-
ture. Measure 26 plays an important
role in keeping the initiative process
democratic and clean.”
Hillsboro School
District contracts
out custodial jobs
Fifty-six Hillsboro School District
custodians and groundskeepers were
terminated Feb. 24 as part of a district
plan to save money by contracting out.
The work will now be done by Somers
Building Maintenance (SBM) a Sacra-
mento-based firm which also cleans
Intel facilities.
The fired workers were members of
Hillsboro Classified United Local
4671 of American Federation of
Teachers-Oregon. For eight months,
the union resisted the plan to contract
out. The district labor agreement ex-
pired last July, and in October, mem-
bers voted down a management con-
tract proposal because it included the
plan to outsource.
They relented Jan. 5, however, ap-
proving a new three-year contract in a
251-67 vote. Under the new contract,
employees will receive a 2.6 percent
annual wage increase for the first two
years of the contract. [The third year’s
wage increase will be bargained in
spring 2007.] The agreement also sets
up a “two-tier” system of health insur-
ance, in which employees hired after
July 2007 will pay a higher proportion
of premiums. And the contract permit-
ted the district to outsource custodial
and maintenance work.
One head custodian per school will
remain employed by the district.
The district says the plan will save
$600,000 the first year, an amount that
would rise to $1.2 million a year after
that, primarily due to the lower retire-
ment and health benefit contributions
of the private contractor’s employees.
Local 4671 President Billie Pinder,
UFCW’s Ed Clay retires
Ed Clay (right), longtime secretary-treasurer of United Food and Commercial
Workers Local 555, shares a chuckle with family members during a
“retirement roast” held on his behalf Feb. 18 at the Portland Hilton Hotel.
More than 200 people attended. Clay was elected secretary-treasurer of the
local in 1997. In his 29 years with the union, he has served as director of
membership services, grievance director, representative and organizer.
a special ed assistant, said the union
ultimately agreed to the outsourcing
only because it appeared the district
was prepared to declare impasse and
impose its final offer without the
workers’ consent. Pinder said the
union was able to get some assurances
for the laid-off workers, including a
promise they’d be paid the same
hourly wage if they went to work for
SBM. Those who didn’t agree to work
for the contractor would get severance
pay equal to one week’s wages for
each year of work, and would continue
to get employer-paid health insurance
coverage for three months.
SBM, too, is a union employer, sig-
natory to a master agreement negoti-
ated by Portland-based Service Em-
ployees International Union Local 49.
That agreement provides employee-
only health coverage, and a 5-cent-an-
hour pension contribution. While
SEIU seeks to represent all janitors,
Local 49 political director Felisa Ha-
gins said the union opposes, on princi-
ple, contracting out the work of public
employees.
As many as 20 custodians chose to
mailing service
Visit our Website at www.kramersmailing.com
MEMBERS OF TEAMSTERS LOCAL 223
— Eric Brending, Owner —
Corrections staff
set March 6 strike
in Washington Co.
The union representing community
corrections employees in Washington
County notified the county of its intent
to strike at 12:01 a.m. on Monday,
March 6.
About 30 community corrections
workers in Hillsboro voted more than
a year ago to form Local 3913 of the
American Federation of State, County
and Municipal Employees. They have
been unable to reach agreement on a
first contract.
The county has hired the law firm
of Bullard Smith Jernstedt and Wilson
to handle negotiations — at a cost to
date of nearly $88,000, according to
the union.
“It’s a complete waste of taxpayers’
money” said Don Loving, public af-
fairs director for Oregon AFSCME
Labor bowl for
MDA scheduled
Sunday, April 23
The 17th annual Labor Bowl
Challenge to benefit the Muscular
Dystrophy Association (MDA) will
be held Sunday, April 23, from 1 to
4 p.m. at Cascade Lanes, 2700 NE
82nd Ave., Portland.
Money raised helps provide
wheelchairs and braces for young-
sters, medical care, research and
summer camps. To date, $257,000
has been collected for the charity.
Pledge packets are available at
the Northwest Oregon Labor Coun-
cil or by calling MDA at 503-223-
3177.
Benefit auction
to aid ill Painters
Local 10 member
A benefit auction and spaghetti din-
ner for Dave Jenson, a member of
Painters and Drywall Finishers Local
10, will be held Sunday, March 19,
from 12:30 to 4:30 p.m. at Sunnyside
Foursquare Church. Cost is $7.50 for
adults and $5 for children.
Jenson has an aggressive form of
brain cancer and is unable to work
while receiving treatment. Money
raised at the auction will help support
his wife and three children.
For more information, or to donate
auction items, call Monte Skiles at
503-201-7626.
• Social Security
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Personal Attention To Every Case
Working For Disability Rights
Since 1983
THE ONLY UNION MAILER
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work for the contractor; the others will
be eligible for unemployment benefits.
Zachary
Zabinsky
ramers/metro
3201 N.W. YEON
PORTLAND, OREGON 97210
(503) 274-1638 FAX (503) 227-1245
PAGE 4
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MARCH 3, 2006