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Erie County Legislature Passes Bipartisan Anti-Janus Resolution To Help Protect The Privacy Of County Workers By Preventing Outside Political Groups From Obtaining Their Personal Information

Published Tuesday, July 17, 2018
by WNYLaborToday.com Editor-Publisher Tom Campbell
Erie County Legislature Passes Bipartisan Anti-Janus Resolution To Help Protect The Privacy Of County Workers By Preventing Outside Political Groups From Obtaining Their Personal Information

(BUFFALO, NEW YORK) – The Erie County Legislature has passed an anti-Janus Resolution that features steps to protect the privacy of the County’s Public Workforce - and the City of Niagara Falls has done the same in terms of standing up against the Anti-Worker Supreme Court ruling and supporting Workers impacted by what is viewed as a detrimental Labor ruling.

On Monday (July 16th), several Members of the Erie County Legislature’s Democratic Caucus joined with area Labor Representatives in Downtown Buffalo to announce the passage - by a vote of 8-to-3, of a bipartisan resolution that would bar groups from obtaining County Employees’ personal information, including, but not limited to: Employee home addresses; Personal e-mail addresses; and Personal telephone numbers - unless compelled to do so by lawful service of subpoena or otherwise required by court or law.  The resolution does not apply to Employee Organizations as defined by Article 14 of New York Civil Service Law, they said.

Western New York AFL-CIO Area Labor Federation (WNYALF) President Richard Lipsitz (Pictured Below, Flanked By Legislator John Bruso On The Left And Majority Leaders April Baskins On The Right/WNYLaborToday.com Photos) - who attended a news conference held outside the Chambers of the Erie County Legislature with three Legislators: Majority Leader April Baskin; Pat Burke; and John Bruso, said: “(Labor) ‘understands what’s at stake.’  ‘We’ve been preparing for this for the past (18 to 20) months.’  ‘I am not a pessimist.’  ‘There is a good chance’ Labor ‘will grow our own strength’ (in the face of the Janus decision), ‘but it is very difficult to negotiate successfully when there are people in the organization who are not participating and are allowed to stand outside and reap the benefits.’  I ‘thank’ the Members of the Democratic Caucus for taking the initiative to pass this resolution and encourage other municipalities to follow their lead."

Representatives from the American Federation of State, County and Municipal Employees (AFSCME), the Civil Service Employee Association (CSEA), the Communications Workers of America (CWA), the Service Employees International Union (SEIU), the Teamsters, the United Auto Workers (USW), and the United Steelworkers (USW) were also in attendance.

In late June, by a vote of 5-to-4, the Supreme Court overruled 41 years of precedent - ruling now that Public Sector Employees who are represented by a Labor Union, but who wish to not be a Union Member and are paying Agency Fees, are no longer required to pay such fees to the Union.  However, the Court ruling means Unions must nonetheless represent such Non-Members in most instances, thereby creating what have been called Free Riders.

As a result, nationally-funded and outside Anti-Union interest groups have hit the ground running and are already conducting campaigns to encourage Unionized Public Employees around the country to resign their Union Membership and become Free Riders.

Here in New York State, Teachers represented by the New York State United Teachers (NYSUT) Union have already received e-mails from the Mackinac Center for Public Policy, a Conservative Public Policy Institute associated with U.S. Department of Education Secretary Betsy DeVos.  In the e-mails, the Institute is encouraging them to resign their Union Memberships (WNYLaborToday.com Editor’s Note: For More, See The July 2nd Labor News Story Headlined: ‘Now, That Didn’t Take Long’ - White Plains Teachers ‘Flooded’ With E-Mails From DeVos-Funded Public Policy Group ‘Advising Them How To Opt Out’ Of Their Union).

The Erie County Resolution states the Legislature wishes to avoid having such divisive campaigns launched upon the Employees of Erie County Government, which has a long and productive history of positive and mutually-beneficial Labor-Management Relations that has served the community well.

“Public Employees should understand the risks they are assuming in order to save a few dollars,” Majority Leader Baskin said. “While Public Sector Employees are entitled to make their own decisions, ending Union Membership can leave them vulnerable to a loss of Union Representation in situations such as grievances, arbitrations, discipline or discharge.  I urge them to weigh the costs and consequences.”

“There is a clear correlation between the decline in Union Membership and the decline of the American Middle Class,” Legislator Burke (Pictured Below) said. “Stagnant wages, job insecurity and the erosion of our quality of life can all be traced back to the sustained attack on Labor that the right has been engaged in for almost forty years.  I am proud to stand with the hard-working men and women in Organized Labor and pledge that no taxpayer dollars will be used to fund efforts to encourage Employees of Erie County to resign their (Union) Membership.”

“We are not going to allow the hard-working Employees of Erie County to be tossed around like footballs between rival political teams,” Legislator Bruso said. “This resolution will help protect their privacy and avoid a needless politicization of the County Workforce due to outside partisan groups.”

In expectation of a Janus ruling against Unions, New York State Governor Andrew M. Cuomo signed into law on April 12th (2018) an amendment to the Taylor Law, which now requires Public Sector Unions not to provide representation to Public Employees who choose not to be a Member of a Union and who decline to pay Union Membership Dues.

Meanwhile, in Niagara Falls, the City Council has also passed a resolution decrying the Janus decision, which Niagara-Orleans AFL-CIO Central Labor Council President James Briggs told WNYLaborToday.com he is “pleased with.”

“The City Council just passed a resolution ‘denouncing’ the Janus decision, said Briggs, who also serves as USW District 4’s Sub-District Director.  “It was an ‘Anti-Union ruling’ and ‘not’ a ruling ‘to protect’ Workers’ First Amendment Rights, as the Court said in ‘its’ ruling.  This means ‘that for the first time in the United States, Unions are being forced to represent people to don’t pay their fair share’ - ‘and that is simply unfair.’’”

A news conference was set for Wednesday (July 18th) at Niagara Falls’ City Hall to address and discuss the City Council’s Labor-supporting resolution.

Back in Erie County, Legislators said certified copies of the resolution (which appears below) have been sent to the County Executive, Commissioners of Personnel and Labor Relations, and to the Union Presidents of CSEA Local 815, AFSCME Local 1095, the New York State Nurses Association (NYSNA), Teamsters Local 264, the County Sheriff’s PBA, the CSEA Correctional Unit, and the Librarians Association, Legislative Officials said.

 

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