November 26, 2003

Hello Everyone!

It was great to see the large turnout for our annual meeting in Florida. I wanted to have a more open format during this meeting since we are on the eve of our 2004 collective bargaining negotiations. This open format led to some spirited discussion and a motion was passed that authorized exploring alternative means of conducting our collective bargaining negotiations. I have already had one meeting pursuant to this motion but it does not appear likely that anything substantive can occur before the 2004 negotiations take place.

During our Orlando meeting, I announced our negotiating team for the 2004 collective bargaining sessions. I want to thank these team members for their commitment and sacrifice. Our 2004 negotiating team members are: Cindy Tuczynski, Local 3357 recording secretary; M.J. Van Sickle, Defiance area representative and past Union President; Tim Holder, Local 3357 Vice President and past Union President; Roger White, Grievance Chairperson and 2000 negotiating team member; Paul Colavecchio, current President and negotiating team member in the year 2000. I felt it was important to have an experienced negotiating team since this will be my first time to lead a negotiating session. Peter Nickles, our Council 66 representative will be there to assist us in preparing for these negotiations and also at the bargaining table. I intend to continue to encourage the active participation of our sister union in Michigan in regards to any and all matters dealing with these negotiations.

During the first week of November, I traveled to Southfield, Michigan where an arbitration at the American Arbitration Association offices was held concerning how Article 18.8 of our collective bargaining agreement is to be interpreted. Peter Nickles presented the case for our Local and Deborah Brower presented the case for the Plan. The arbitrator was impressed by the presentation of both Ms. Brower and Mr. Nickles. For those of you unfamiliar with the particular circumstances of this grievance, I shall briefly recap. A staff attorney attempted to use 4 days of sick leave to care for a hospitalized spouse. The Plan would not allow this and stated that the Family Medical Leave Act applied requiring the staff attorney to use vacation time or take the time off and not be compensated. The Plan argued that there was an existing past practice that limited staff attorneys to a maximum of one to two days off to care for a sick child or spouse. Any time past three days was considered to fall under the parameters of the Family Medical Leave Act according to the Plan's argument. The Union argued and presented evidence during the cross examination of personnel director, Elaine Eizelman, that the Plan's "past practice" was in fact a hodge podge of many different practices. The Union presented six cases to the arbitrator that stood for the principal that the clear and unambiguous language of a collective bargaining agreement is always controlling over any past practice that occurred or may have occurred between Management and the Union. The language of Section 18.8 of our collective bargaining agreement is clear and unambiguous. "When a staff attorney's spouse or dependent child is ill or disabled and requires the care of the staff attorney, the staff attorney can use sick leave to provide care." We are hopeful that the Arbitrator will reinstate the vacation days taken from the staff attorney in question. Briefs are to be submitted to the arbitrator and postmarked no later than December 8, 2003. I intend to have the Union's Brief and the Plan's Brief posted on our Website.

I'm sure everyone was pleasantly surprised if not shocked by the extension of the car discount to our staff attorneys along with their spouses, children, grandchildren, parents, stepparents, siblings, stepchildren, step-grandchildren, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, and sister-in-law. If you have questions regarding the use of this discount that you rather not pose to National, please feel free to contact me. This is a valuable benefit for the members of our local and their loved ones that is long overdue.

I am intending to distribute a survey to our members in order to solicit their views on matters primarily concerning the 2004 collective bargaining session. I will use the results of this survey to help me form a checklist of those matters of greatest concern to our membership during the 2004 contract negotiations. I intend to arrange for a weekend meeting of our negotiating committee and the negotiating committee for the Michigan local in early 2004. I will try to be as open and honest as I can be regarding the 2004 negotiations without compromising our negotiating positions. I welcome everyone's input by way of phone call or e-mail. My home phone is 330-945-7326. Work: 1-800-289-5030. Home e-mail is: dcolavecchio@neo.rr.com. It was great seeing many of you in Orlando and I look forward to seeing many of you again soon.

Fraternally Yours,

Paul Colavecchio

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President's Column

July 28, 2003

Hello Everyone:

Preparations for the 2004 contract negotiations with the Plan are well underway. In May, I hosted a meeting at the Renaissance hotel in Cleveland to discuss an agenda for these negotiations. Attending this meeting from Local 3357 were Grievance Chairperson Roger White, Secretary Cyndi Tuczynski, Webmaster and Past Union President, John Suda, Treasurer Steve Beres, Past Union President M.J. Van Sickle, Representative Deanne Robison, and myself. Present for Michigan Local 3069 was their President Alan Walton along with a contingent from his Local. The meeting was very productive with a good exchange of ideas. Our local emerged from that meeting feeling we have a roadmap in place for the 2004 negotiations. We will continue to consult and cooperate with Michigan Local 3069 on those issues on which our mutual interests converge.

The Union has a number of grievances currently pending. Most of them deal with disciplinary actions against staff attorneys. There is also a grievance relating to the Plan's denial of the use of sick time for an attorney caring for a sick spouse. The staff attorney in question was told that vacation time needed to be used which directly contradicts the language contained in Article 18.8 of our Collective Bargaining Agreement. This matter is to be arbitrated in early November. After years of stonewalling, the Plan has finally directly e-mailed all staff attorneys the website that contains a copy of our group insurance plan. The Plan has finally also begun to comply with their duties under the collective bargaining agreement to provide staff offices with notice of staff attorney openings. During the last contract negotiations, Article 29.3 was expanded to allow a laid off staff attorney to bump a staff attorney with lesser seniority in any state where that attorney is licensed to practice law. The contract requires a laid off attorney to first bump an attorney with lesser seniority in their office grouping. I realize that this is a very complicated area of our collective bargaining agreement. Please contact me immediately should any of you receive formal or informal notice that your job is at risk due to layoff or if you have received a notice of disciplinary probation.

I also want to remind everyone who is intending to attend our annual meeting in Orlando on October 11, 2003 that they need to make their plane reservations soon in order to secure the best rates. You also need to book your room at the Lake Bueno Vista Hotel. Bruce Valen has secured a block of rooms for $89.00 a night under AFSCME Local 3357. As always, I welcome your input and never hesitate to contact me.

Fraterally Yours,
Paul Colavecchio

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President's Column

November 21, 2002
Hello Everyone!

I first want to thank everyone who attended and contributed to putting together our annual meeting in Las Vegas. I also want to thank the membership for their approval of salaries for the Executive Committee, comprised of the President, Vice-President, Treasurer, Secretary, Grievance Chair and Webmaster. It was a welcome form of encouragement for us and hopefully will encourage others to seek higher office and involvement in the union.

I was not surprised, but disheartened, to hear that many of our members are being overworked in their offices due to increased workload and layoffs of staff attorneys in many offices. Too many attorneys are reporting working nights and weekends just to keep their heads above water. I have heard of no recent cutbacks in the ranks of management, nor of an increase in their workload. If you or your office is experiencing a workload problem, please contact Grievance Chair, Roger White, or myself immediately.

Since our annual meeting I have filed two (2) policy grievances with the Plan. The first grievance demands that the Plan provide members with a copy of our Group Insurance Plan as called for in Letter F of our CBA. The second policy grievance demands that the Plan post attorney vacancies so staff attorneys who want to transfer from one office to another may make application as provided for in Article 30 of the CBA.

I am pleased to report that the union has received and distributed to the affected attorneys proceeds from our lasik surgery settlement.

Finally, I regret to inform the members that Chicago will not be the site of our next annual meeting. Bruce Valen was able to procure another venue that is $4,000 less expensive while also providing a complimentary breakfast buffet to each member each day. Therefore, the Executive Committee has decided to once again hold our annual meeting at the recently renovated Lake Buena Vista Resort in Orlando, Florida.

Fraternally Yours,
Paul Colavecchio

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President's Column

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August 5, 2002

Fellow AFSCME 3357 members:

We are in the process of considering amendments to the Local's Constitution to take care of some minor administrative issues, and to make the Constitution conform to the practice of the Local's nearly 15 year existence. I would encourage all to vote on getting this change adopted by returning the ballot. A full text of the existing Constitution may be obtained on our web site, www.afscme3357.org/Constitution .

In May the Executive Committee members met with Michigan Staff Attorney Local Representatives for some early contract bargaining planning. We have much in common and it is apparent that we need to view our bargaining process to be starting earlier than ever in order to be effective. The UAW Contract is negotiated in the year prior to our contract, and that is where budgets are set for the UAW Legal Services Plans. Our current contract is set to expire June 30, 2004.

We have recently had some successful settlements on grievances, LASIK surgery will be partially covered for several members who had the procedure when it was not clear whether it was covered on our health insurance. Be aware that this is not covered under our health insurance at this time, and at least until the bargaining of the next contract in 2004.

We also had a prospective staff attorney termination settled by that attorney being granted a resignation with approximately six months of lead time and a temporary continuation of health insurance, and uncontested unemployment compensation.

We should be receiving a health insurance coverage booklet soon; the Plan has been promising this to us for some time now. We still have a grievance pending that we may have to pursue if we do not get something. The Plan explains this as Great West being the problem to the point where they would like to get another provider for us, especially since they are essentially self insured.

We are gearing up for the Local's biannual elections for trustee and all other Union positions. The current slate of officers are: President Ralph Johnson, Vice President Tim Holder, Secretary Cindy Tuczynski, and Treasurer Paul Colavecchio, who along with appointed Grievance Chair Roger White and Webmaster John Suda make up your Executive Committee.

We are also gearing up for our annual meeting, this year in Las Vegas the weekend of October 19th. Details on arrangements for that meeting are available on the web site, and more will be coming in a separate mailing.

Finally, I must with this newsletter say goodbye as President of this Local. Vice President Tim Holder will be the acting President until the election is completed. It has not been an easy decision for me, but I have been offered and accepted the Managing Attorney position in the office that I have worked in for the past 15 and1/2 years in Janesville, Wisconsin. This came up suddenly and unexpectedly; I was not anticipating thinking about this for several years at the least. I want to thank everyone for the opportunity to serve in this position. It has been an important life experience for me.

Ralph Johnson