Published January 06, 2009
Gregoire's decision not to increase worker pay draws another suit
A third labor union has filed a court claim against Gov. Chris Gregoire over failing to fund a pay contract in her 2009-11 budget proposal.
The Service Employees International Union Local 925, which represents childcare workers, filed its suit today at the state Supreme Court, seeking a court order requiring the governor to include the contract in her budget request to lawmakers. Arbitrator had awarded 1.6 percent pay increases in 2009 and 2 percent in 2010.
SEIU 775 NW, which represents long-term care workers, filed suit previously over similar concerns that Gregoire left out a pay increase that resulted from negotiation and eventually arbitration. Those raises were worth 25 cents an hour in 2009 and 22 cents in 2010 for workers who earn less than $11 an hour, according to the union.
The Washington Federation of State Employees filed suit first in county court, a few days before Christmas, arguing that Gregoire should have included their contract calling for 2 percent yearly pay raises in 2009 and 2010 for tens of thousands of state employees.
After the mid-November revenue forecast blew away $1.9 billion in expected revenue, state budget director Victor Moore decided the state could no longer afford the raises. He then signed a declaration they were not feasible, which he contended is allowed in the state’s collective bargaining rule.
But SEIU has contended arbitration agreements are held to different rules.
SEIU 925 issued a news release today, which said in part:
"In failing to fund the arbitrator's decision, this budget reduces opportunities for vulnerable children and struggling parents," said SEIU 925 Family Child Care Chapter President Nancy Gerber, who cares for special needs children in Spokane. "In a time of economic crisis, we need more support for working parents and the child care providers, not less."
Family child care providers care for 1 to 12 children in their own homes. When last surveyed, most reported earning less than two-thirds of the hourly minimum wage after expenses for food, curriculum, supplies, equipment, insurance, and utilities. Some 10,000 home providers care for approximately 31,000 children of low-income parents whose fees are paid in part or full by the state, as well as a similar number of other children. "At a time when the economy is contracting—and a new Congress and Administration are working on a plan to revive it—our state should not be undermining those efforts by putting poor children and low wage child care providers at risk," said (Kim) Cook, who leads the 24,000-member education and child care local.
The suit, technically a petition for a writ of mandamus against Governor Chris Gregoire, was filed today in the State Supreme Court in Olympia, with a request for accelerated review. The petition argues that the Access to Quality Family Child Care Act requires the Governor to include the arbitrator’s decision in her proposed budget, and asks the court to order the Governor to do so. In a recent memo, the Governor’s Office of Financial Management proposed amending the Family Child Care Act, apparently recognizing the Governor’s duty under current law to include the award in her budget. The petition also argues that the Governor’s failure to follow the law undermines the collective bargaining process and jeopardizes the ability of family child care providers to have their contract funded by the Legislature.
Family child care providers care for 1 to 12 children in their own homes. When last surveyed, most reported earning less than two-thirds of the hourly minimum wage after expenses for food, curriculum, supplies, equipment, insurance, and utilities. Some 10,000 home providers care for approximately 31,000 children of low-income parents whose fees are paid in part or full by the state, as well as a similar number of other children. "At a time when the economy is contracting—and a new Congress and Administration are working on a plan to revive it—our state should not be undermining those efforts by putting poor children and low wage child care providers at risk," said (Kim) Cook, who leads the 24,000-member education and child care local.
The suit, technically a petition for a writ of mandamus against Governor Chris Gregoire, was filed today in the State Supreme Court in Olympia, with a request for accelerated review. The petition argues that the Access to Quality Family Child Care Act requires the Governor to include the arbitrator’s decision in her proposed budget, and asks the court to order the Governor to do so. In a recent memo, the Governor’s Office of Financial Management proposed amending the Family Child Care Act, apparently recognizing the Governor’s duty under current law to include the award in her budget. The petition also argues that the Governor’s failure to follow the law undermines the collective bargaining process and jeopardizes the ability of family child care providers to have their contract funded by the Legislature.
OFM spokesman Glenn Kuper has said before that an anticipated $5.7 billion budget shortfall leaves no choice for the state but to forgo the raises. He said today he had no further comment.