Illinois Valley News

After several weeks of negotiations, a settlement of sorts has been reached between Josephine County and the American Federation of State, County and Municipal Employees (AFSCME) regarding a 2006 decision by county commissioners to privatize mental health services.

The agreement, described as a stepping stone, represents the end of more than four years of lawsuits, court rulings and appeals involving the county and union.

Details of the settlement, including monetary figures, were not provided, as there still are issues that need to be clarified. However, it appears that the county will not have to rehire some 100 employees, as only three of those displaced want to return to county employment.

The rest will stay with Options for Southern Oregon Inc., a Grants Pass-based nonprofit organization. That“s how the employees want it, said Julien Silva, an employee of the county public works department who is president of AFSCME Local 3694.

Don Loving, public affairs director for Oregon AFSCME Council 75, said that prior to 2006, the union“s relationship with the county was “OK.“

“That county is a pretty conservative county,“ Loving said. “There isn“t necessarily a huge batch of ardent unionists in the county, and that“s reflected in the people who are elected there.“

Toward the end of 2005, negotiations between the county and AFSCME were under way, but not going particularly well, Loving said. The main disputes, he added, were wages and benefits.

“There was concern by the county with money, which we understood,“ Loving said. “We went through a lot of regular negotiations and state mediation. We just couldn“t get there.“

Oregon“s collective bargaining laws provides unions the opportunity to go on strike as a last resort in such situations, Loving said. And that“s exactly what Josephine County AFSCME members did in January 2006.

Loving said that he has been involved with AFSCME for 24 years, and that there have been only five strikes in that time, including the one in Josephine County.

“It“s not something we do a lot,“ he said. “It“s rare.“

For four days, union members picketed in front of the courthouse in Grants Pass. That was enough to prompt both sides of the dispute to seek a settlement. One was reached, and the county employees returned to work.

But the story did not end. The county decided in 2006 to privatize its mental health services through Options for Southern Oregon Inc. AFSCME noticed the move and prepared a response.

“We noted from the get-go that it was coincidental,“ Loving said. “That was the county department that was the strongest among union members, and (had) a majority of activists on the strike committee.“

AFSCME filed an unfair labor practices lawsuit and went to the Employment Relations Board (ERB) with documentation of county officials stating that the privatization was due to the strike.

“Those people, if that was true, should have been smart enough to never have said that,“ Loving said.

ERB ruled against the county, and ordered it to re-hire the more than 100 employees affected by the privatization. The county challenged that in the Oregon Court of Appeals, which reaffirmed the previous ERB ruling on March 31 this year.

The county began negotiating with the union immediately afterward. Silva described what followed as a “very difficult process.“

“It“s been four years since the transfer of the mental health employees,“ he said. “It was difficult because so much time has passed. A lot of people have transferred, left or retired. That made it really complicated.“

He noted that as part of the negotiating process, there was “give and take and compromise on certain issues.“

“We wanted to work together and make it a win-win situation for everyone,“ Silva said. “Had we gone strictly by the ERB order, it would have devastated the county, for sure. We didn“t want that to happen.“

Out of all the employees affected by the privatization, only three will return to the county.

“We did a survey with the members,“ he said. “A majority of the members decided they didn“t want to come back, and decided to stay where they were and serving the citizens of Josephine County that way.

“We listened and worked with the county to make it the best for everyone.“

Silva cautions that there still is work to be done, and that the agreement is a “first step“ toward resolving the dispute. Some issues still need to be “clarified,“ Silva said, but praised the efforts of Commissioner Dave Toler and AFSCME Council 75 representative Daniel Burdis in reaching the agreement.

“It“s not us against them. We have a mutual respect for one another,“ Silva said. “We wanted to make things workable for everyone and are trying to make sure our members are taken care of properly.“

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