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Update: Carcieri-union dispute now before chief justice

1:39 PM Wed, Aug 27, 2008 |
Brandie Jefferson    Email

PROVIDENCE -- State Supreme Court Chief Justice Frank J. Williams is reviewing the case between the governor and the largest state employees union over a disputed plan to raise health-care costs on nearly 5,000 state workers.

Lawyers for the sides -- Governor Carcieri and Council 94, American Federation of State, County and Municipal Employees -- went into Williams' chambers at about 12:38 p.m. and met for 40 minutes, as the governor appeals a Superior Court decision to the state's highest court.

There was no ruling or order issued. Lawyers are expected to meet with Williams again at 11:30 tomorrow morning.

This morning, Superior Court Judge Patricia A. Hurst denied two motions by the governor's office, one of which was to stay her decision of yesterday that blocked Carcieri from forcing the higher health-care costs on the workers.

Hurst yesterday delivered a sharply worded, 10-page "supplemental decision" to an earlier ruling, saying Carcieri could not raise the costs without the matter first going to the seven member state Labor Relations Board, an autonomous panel of which three members represent labor unions, three are management representatives and one is a public member.

Carcieri is going to the Supreme Court to appeal Hurst's decision, labeled a clarification yesterday. The flurry of legal maneuvering over the decision began this morning, when legal teams for both the governor and Council 94 were prepared to meet with the chief justice, but technicalities sent the lawyers down three flights of stairs to Hurst's office first.

In denying the stay motion, Hurst reiterated the travel of the case and said she thought her original, earlier ruling was clear in stopping the governor from carrying out the health-care cost increase plan.

"The governor clearly misconstrued the import of my decision," Hurst said today, noting that the governor had claimed it was a partial victory.

The judge today added that "for the third time, the answer is no."

The second motion that Hurst denied this morning sought to have the union post a $5.8 million bond for the money the governor's office said would have been collected through the co-share deductions. In denying the motion, Hurst said "the state has a myriad of lawful ways to raise funds."

Hurst's clarification yesterday would delay putting into force reduced benefits worth roughly $10 million in taxpayer savings that Carcieri needs to help balance the current state budget, which was signed in June.

-- projo.com staff writers Michael P. McKinney and Brandie M. Jefferson, with reports from Steve Peoples of the Journal State House Bureau

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Comments

Dan said:

I guess King Don's legal team is as inept as he is. One would think such high paid legal services would have a clue as to how the court system works or are they merely real estate attorney friends of Don who collect big salaries for nothing.



check the facts said:

The gov's powers have been eroded so much the judicary is now taking some. So your king don comment is a little over the top-- don't you think??



DaveS said:

So let me guess here, you think you and your family should have full FREE medical benefits for life?

I want to be a unionized state worker!! Where I work we have to kick in money out of our paychecks to cover ourselves and our families. Plus, when health coverage costs more my contribution goes up. I'm not in a union and neither is most anyone else in this state.



Hey DaveS said:

If it wasn't for the union busting their @$$3$ and people literally dying for what they believed in, you and everyone else would be working 6-7 day work weeks with no semblance of decent compensation.

Learning a little history would go a long way for many ignorant people.



Mary said:

Justice Hurst should step aside.....she and the legal system are part of the problem....
Don't know what Justice Williams will do either....



Tom said:

Please Dave S you must be on the Carceiri team. Reflect the problems of the state by demonizing the unions!!! No one wants free healthcare as you maintain, however no one wants a 1% raise then 15% raise in healthcare.
Everyone has mortgages, taxes(yes,union workers pay taxes) and have families!
The federal government needs to give more money to the states so the states can give to the local government.
SLAM, SLAM the unions but in reality if unions go away and your forced to work 12 hours days, seven days a week we can all thank wonderful people like DAVE S.
Good luck at Burger king, Dave S!!



Hickok said:

It's a nice treat to have liberal apologists such as "Dan" chiming in with their lefty talking points. The court system works just fine when it's not populated with activists such as Ms. Hurst. She has overstepped her authority, issued a reversal versus clarification of her original order, and will be overruled soon. "Real estate friends of the Governor"? That's cute Danny Boy, but it betrays your smarmy liberal leanings, which work well when you have no facts to work with.
Have a nice day,
(And night too, watching your pinko heros at the Democratic Convention)



Tom said:

Dave S wrote: "I'm not in a union and neither is most anyone else in this state."

Maybe you should look a little deeper into the states makeup. Most people are unions workers!!



James said:

The unions really need to get a clue. The days of 100 percent free medical coverage are long gone. For the most part those of us who are lucky enough to have a full time job that offers beneifts still have to pay up to 20 percent of the coverage. If the union workers really feel they are getting a bad deal then let them go work somewhere else.... there are many people who would be very grateful for the wages and medical coverage the current offer includes



History said:

Unions have evolved since their founding. You can chide people to learn history, but you also need to take a hard look at unions current priorities and, in this case, unrealistic expectations.



Superior Court Judge Patricia A. Hurst denied two motions by the governor's office, one of which was to stay her decision of yesterday that blocked Our Governor Carcieri from reforming pay and benefits for State of Rhode Island Workers. One component is the pay and benefits package reform to market rates resulting in higher health-care costs on the state workers. Examining market rates for other government entities results in the fact that the state union would still have a much better deal than their associates in Federal service! This needed reform has openly been discussed with the unions and their leadership resulting in this particular union alone foot dragging during negations and subsequently allowing their contact to expire.

The seven member state Labor Relations Board, an autonomous panel of which three members represent labor unions, three are management representatives and one is a public member is where "The Lady Judge Patricia" directs us.

This demonstrates her complete lack of understanding of the big picture.

This Labor Panel does not establish Budgets or manage the state government and is not an equal of the governor and or general assembly. This is only an advisory board.

Again this is a paradigm shift that has been fashioned and already made Law via approval of the current budget. Yes, to reduce the size and cost of RI State Government during a very challenging economic period. Long recognized is the fact that RI compensation package for employees was not consistent with the local or regional market. Hence this area was identified for reform.

We have a budget fashioned by the general assembly and the Governor. This budget is approved and signed into Law. This budget recognizes the critical need to reduce the overall size and cost of government in the Stat of Rhode Island. Yes, this is a paradigm shift of great magnitude. Clearly our leaders in the general assembly and the Governor, after much deliberation accepted this reality, ALL agreed that these actions are necessary now.

Where we are today is in the implementation of the approved peoples budget already signed into LAW. The reform of ALL RI employees pay and benefits to a market rate and reality is but one component of this new budget. Several other options are available to the Governor in realizing a balanced budget, which is mandatory.
We expect that the Governor will explore any and every option and meet his obligation to reduce both the size and cost of RI Government.

One option is not available per the declared common voice of our general assembly and Governor. That is NO NEW TAXES, end of story. Please understand that fundamental foundation - Lady Judge etal when you refer to other sources of revue streams as a solution etc..
That well has been gone to in the past and is out of water.

State Supreme Court Chief Justice Frank J. Williams is reviewing the case between the governor and the largest state employees union council 94 over a disputed plan to raise health-care costs on nearly 5,000 state workers.
Reform of state workers compensation package (pay and benefits) is long in coming and already over due. The decisions have been made and the implementation must now go forward. Any further delay will surely force even much more drastic actions including significant further reduction in work force. Again the budget is in place.

We citizens and taxpayers ask the State Supreme Court Judge to look at the big picture as summarized her in. If he does he will understand that our elected representatives in the general assembly and our Governor have already made a decision and now the implementation details is the only possible discussion. ALL state employees and Unions were informed of this situation early and often. The Governor and his staff have attempted to negotiate these compensation package reforms to market rates with all parties.

I suggest that further delay must result in the Governor and general assembly looking into further reductions in employees plus more outsourcing of services at once.

That is clearly the size and cost of government in RI will be reduced. Moreover the remaining government must reflect a much more efficient and responsive entente. We need a government that will now take us into the global market of the 21 century. Yes, we can only rebuild by creating an environment where ideas create value and add wealth such leading to jobs and employment.
wfh
Middletown, RI



Tom said:

So much press over the Gov vs the state employees....... but if $10 mil potential savings(from reducing benefits to state employees) is but 2% of the $400 mil deficit, why isn't more emphasis placed on 98% of the problem?
I.E. Where is the $390 million coming from?



Mike said:

Hey "Hey DaveS"

If everyone in the state was driving a Caddy, then the police, fire, and municipal workers could be driving one too. It is not about how good the unions were years ago.... We all know. We're talking about realistic plans for realistic times. i.e. Whatever the average taxpayer gets, is fair enough to give the average city or state worker. That pretty much covers it.

If you don't like it, then move to the private sector, and go for that above average job. Do me a favor, and let me know where it is, so I can apply.



Mike said:

Bravo Mr Horan!

Particularly your statement, "I suggest that further delay must result in the Governor and general assembly looking into further reductions in employees plus more outsourcing of services at once."

Nobody wants to see people lose jobs, because many have families, but enough is enough.

I submitted another entry that said something similar, but it was ommitted from the entries.

Well done.



Lisa said:

Last time I looked state workers PAID part of their healthcare costs



charlie phillips said:

Unfortunately, unions only address mediocraty, not talent. Other sources for revenue? Private colleges are draining.



Chuck said:

I think the unions need to be broken up once and for all. When will Rhode Islanders wake up and wonder where all their tax dollars are going. I pay 1200/month in Health premiums and can barely make a living. Then I pay taxes to help State workeres enhoy what the rest of don't have. Arbitration? Give me a break. The unions are corrupt in this State and they need to go. They will bankrupt this state!!! Tax payers and voters wake up! Fire your congress and get people that are not tied to the unions back pockets because they owe favors.



Ernie said:

Uncle Don and his Flunkies!! from Cookson got slapped down! He drives one company under now he is doing the same to the State. He gets free Blue Cross medical received from the state a 12 percent pay raise when he was re elected. Union workers are already paying for their medical.
At the end of this 4 year proposed contact they would be making less than they are now.
Nobody would sign this deal. Uncle Don wouldn't but
he keeps hiring all of this flunkies for state
government for over one hundred thousand a year.
Where was his big audit he said he was going to
do in his first term?



Li said:

Why can't the public ever get it right? Is it that King Don has everyone so brain washed they can't think for themselves???? Council 94 members have been paying their share of health coverage for the past 4 years...get over it people!!!!!




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