Last April, the NM Court of Appeals ruled in favor of RJ Berry, Rob Perry, and the city of
Albuquerque in a case that the American Federation of State, County, and Municipal
Employees (AFSCME) had originally won in District Court. AFSCME appealed the
decision to the state’s highest court, the NM Supreme Court which granted the
appeal. On August 12, the NMSC heard oral arguments from both sides. Just days
ago, the NMSC issued a finding saying that while they originally agreed to hear
the case, they reversed that decision as being “improvident” and upheld the
appeals court decision in favor of Berry and Perry.
At issue was whether or not RJ Berry, Rob Perry, and the
City of Albuquerque had to honor existing union contracts that had come to the
end of their contracted terms and expired. AFSCME argued that the city had to
because of the “Evergreen” provision in state law. The City argued it didn’t
because it had a city law that predated the state law and was thus
grandfathered in. The appeals court agreed with the city.
What this
means?
The implications of this ruling cannot be overstated or exaggerated:
The city is no longer bound to any elements of preexisting contracts and can
treat any group of employees as it wants to. Essentially all city employees
that were under contracts that have since lapsed are now totally exposed to
whatever RJ Berry and Rob Perry want to do. All employees are essentially “at
will” employees.
Who does
this affect?
FIRST: All city employees who are not under contracts
that have not lapsed. At the very least this includes firefighters, police
officers, and all clerical/admin employees.
SECOND: The family and dependents of all those
immediately affected.
THIRD: The
citizens of Albuquerque.
With the NMSC confirming the appeals court decision, everything
else is on the table. Wages, work schedules, medical benefits, seniority,
promotion, specialized units, leave….you name it, everything is gone and is
subject to negotiation. Many of our Eyes expressed concern about their
retirement. The city can unilaterally choose NOT to make any contribution to
PERA. Folks expressed concern regarding their benefits, the city can
unilaterally withdraw contributions to your health, dental, or vision plans.
The city can unilaterally remove overtime benefits. Unless there is a state law
prohibiting them, the city can do whatever they want as they are no longer
bound by any contracts.
City CAO Rob Perry recently said there is no negotiating
with the unions because “all they can do is go up.” With this ruling, Rob Perry
got what he wanted because now, all the employees are starting over from
scratch as all terms are on the table. And as we’ve seen since RJ Berry took
office, not only has he not renewed any contracts with his employees, he has
openly violated provisions of them. As an effected employee your rights and
protections have all but been destroyed. The city does not HAVE to follow this
path, but under Berry and Perry they have chosen this path against you. This has
been by intentional and design. While Perry reaps in raise after raise and
makes over $70/per hour, regular workers have realized reduced wages and
benefits. This is nothing short of a war against the regular worker.
WHAT CAN YOU DO?
To stop what is coming, people must act. The time for
negotiations is over. To avoid the wholesale destruction of your rights,
benefits, and wages you have to band together and act. Union leaders need to
enlist the support of their fellow private sector unions from Teamsters,
Carpenters, Postal, and all the dozens of others and take to the streets. This
city is notoriously weak when it comes to formal protest, but if a couple of
dozen women can gather around the federal court house dressed in black once a
month you can band together and flood civic plaza. Be loud, proud, and visible.
Public employees have a duty to provide quality service to the citizens they
serve and if your morale is so low you don’t even care about yourself, then
think of the citizens who depend on your services.
As we at the Eye have shown during this election cycle, everything
that comes out of Berry’s mouth has been a lie. From the “retirement” of APD’s
Ray Schultz to the state of Albuquerque’s economy to the narrow group of people
who support Berry with their cash, we have shown with fact after irrefutable
fact that what Berry says is entirely different than what is true.
VOTE!
Next Tuesday is the mayoral election day. To keep from
happening which will be nothing short of total destruction of collective
bargaining, all affected employees need to inform the public and get out with
their friends and family and vote for Heh or Dinelli.
IF YOU FEAR ACTING FOR
YOURSELF, THEN DO NOT BE SURPRISED IF
SOMEBODY ACTS AGAINST YOU.
“FIRST SAY TO YOURSELF
WHAT YOU WOULD BE; AND THEN DO WHAT YOU HAVE TO DO.”
--Epictetus
ONLY YOU CAN
KEEP BERRY FROM BEING REELECTED.
VOTE!!!!
20 comments:
TIME FOR APOA TO MERGE WITH THE FOP WHO IS A NATIONAL ORGANAZATION> AFD IS ASSOCIATED WITH IAFF AND THEY ARE TENS OF THOUSANDS STRONG> TIME TO WAKE UP APOA
bwahahahahahahah, gravy train is over union boys!
I will be posting a link to this topic to every job listing APD has out there from cop magazines to craigslist to let the world know the truth about why they should not be fooled into changing their lives to become a victim of this administration. These filth lure in candidates to expose them to this? If they think nobody wants to work for APD, they are right and it's their fault. The corruption and malfeasance is out of control. Albuquerque NM is the most treacherous city in the country to work for. They lie to get candidates here and it's a bait and switch. I wonder if a class action remedy is available for all officers who came to work for APD based on the pretense of the promise of the $28.00 per hour contract that was pending. They lied for almost two years on their recruitment website.
To the cock sucker who posted at 2:43PM,
Getting paid a living wage, having benefits and a retirement isn't a gravy train. That is what all of us were recruited with and given a contract guaranteeing we would be paid. We have lived up our part of the deal. And, we will continue to serve and protect pieces of shit like you when our pay is again decreased and the promises which were made to us broken. Those of us who serve and protect those of you who live under the shield of protection provided by the military, the police, the fire department and EMS have this thing called honor.
We don't risk our lives, get PTSD, see shit you have only watched on TV and protect you at night while you sleep just for the money. We do these things because we care about other people and are willing to risk our lives to save theirs'.
How many dead babies, crushed skulls, raped women and children, burning buildings, co workers who have committed suicide, who have been shot, elderly people covered in their own feces, blood, brain matter,eviscerated toddlers, beheaded bodies, burned corpses, burned flesh pealing off in your hands, stabbing and shooting victims have you experienced at your job? How many family members have you had to tell their love one just died in the next room or while they watched you work on the patient? How many times have you been so covered in blood and brain matter that you had to have your clothes commercially washed and shower to get it all off of you? How many times have you risked you life and realized you could die that very minute trying to protect your community or trying to save another person's life?
How many people have you killed at your job? How many times have been shot or shot at at you job? How times have you gone 48 or more hours without sleep. How many times have you had to tell your crying kids or wife you will come home safe? How often to you smell urine and feces at your office? How many times have you had people at your place of work attack you, spit in your face or call you names you would not repeat in front of your children?
How many birthdays, Christmases, graduations and ball games have you missed because you were on duty, deployed or on active duty? How many times have you been fired for risking your life while on duty? How many night mares and night sweats do you have as a result of the stress from your job. How often does your boss have to shut down the office so you and your co workers can receive professional mental health and or religious counsel for what you just experienced at work? How many explosions have you experienced?
There are infinitely more examples I could discuss about what we do to earn our pay and provide you the society you take for granted.
Those of you who think we who risk our lives for you everyday don't deserve to be paid what we were promised, please don't call us when you life is on the line and fuck you!
FMB!!
To 6:40 .... Amen brother.... I'm saving that quote!
6:40
NO ONE CARES IN THIS TOWN. Don't you get it. Unless you idiots get your family and friends to vote for Dinelli you are screwed. You can play the "oh I am a cop and have it so bad" card but the majority of people in this town are fools. The APOA will join their ranks if they don't get the vote out.
So hold your "how many explosions have you experienced" comment to yourself. No one in Albuquerque gives a damn.
Now get of the computer and get yourself, your family and your friends to an early voting site and vote for Dinelli.
@243 - gravy train? Clean your own toilet, empty your own trash can, fix your own office lights, don't call me next time you get your fat ass stuck in that elevator, unclug your own toilet, answer your own phone, take your own trash to the dump, fix your own road in front of your house, fix your own busted water line at 3am, confront your loud drunk beligerent neighbor your self, and drive your own girlfriend on the side to the hospital to have your baby, where you can deliver it yourself since the doctor needs a staff of union personnel to get the job done per state law.
Oh and do it all for the $12 an hour you claim to pay me, but we both know I'm only taking home $5
Gravy train? The average PERA pension is $25k. Hey Mayor Berry had a few grand laying around to buy a cow at that fundraiser. Maybe he can butcher it and give me some meat to eat. God knows I can't afford it at the grocery store anymore.
6:40-words cannot say or tell the story of me, a citizen, and I don't want to share my life story here. All I can or will say is that I'm your average citizen, nothing special about me except for the fact that the ONLY people who helped me out of horrendous conditions were both APD and BCSO.If you think I'm a druggy or a prostitute and I put myself in high risk situations think again. I am now close to retirement at the City.Perhaps closer now due to this BS.The officers who helped me about 20 to 30 yrs ago were faced with my kidnappers with an arsenal of weapons and drugs. They dealt with a serial rapist and his buddies in training. They helped me..nobody else would. Not my scared neighbors or my friends. They were all afraid.but nobody was more afraid than me.Words are weak but my feelings are strong. The officers put these scum where they belonged and I now as an almost senior citizen say there is nothing or no one more honorable, kind, professional, and brave as a police officer/deputy. I owe my life to them, but they will just say they are doing their job, cuz that's what they do....I feel otherwise..I believe they are true heroes. Thank You one and all.
I thought OT was protected under Federal Labor Standards? Doesn't that trump city?
This is exactly how Detroit went under.The city refused to bargain or honor any unnegotiated contracts. I'm putting my PERA in order,filing for my retirement 3 yrs early...otherwise it'll be GONE. I'll take early SSA retirement and get a part time job that I enjoy....Most miserable job ever working for the most depressed, back stabbing sick SOBs in my life..The City of Albuquerque. Miserable unhappy directors and managers,I'm glad its all going under...at least I'll take the money and run.The young know it all computer uglies can have it..and get shit for pay and no bennies...they dont friggin do anything anyway....want the highest pay for zero experience.ACLU age discrimination actions coming down the pike....
Damn well said 6:40!
FMB!!!
A real cop
To 6:40,
Well said. That write-up deserves an award!
We all know who 2:43 is and that dipshit has a gravy train derailment next week. Just too stupid to see it coming.
Blue Flu!
You better do your Blue Flu before October 8 and you better make sure the media and the citizens know why (Berry mismanagement and unsafe conditions).
If not take your Blue Flu and flush it down the toilet
AFSCME rally Sunday Oct. 6 5301 Central.Press conference as well
AFSCME RALLY 1-2 PLUS PRESS CONFERENCE 10/6..1-2pm
@6:40 RIGHT ON POINT! LITERALLY!! *clapping*
I knew something like this was coming, That's why I took my retirement and ran three years ago.
For being in the minority, the Republicans are causing massive injury both locally, nationally, and soon maybe world wide. Better get out and vote, (While you still can).
Gravy Train? Really? I Net $8.00 an hour and haven't had any sort of raise in 4 years. Infact I just took a paycut because they raised the cost of my Insurance and Pera. Gravy Train? F.Y!
At the rate we're going, I figure by the time I retire I'll be taking home the same as when I started 15 yrs ago!
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