On February 7, 2012 08:00am Engine 6 Howard Street is Reopening

Massaschusetts Fallen Firefighters Memorial Ceremony 2011

Massachusetts Senate approves bill allowing 'evergreen' clauses to be included in union contracts

Published: Thursday, November 17, 2011, 2:29 PM Updated: Thursday, November 17, 2011, 2:41 PM

BOSTON - After two long days of formal sessions, the Massachusetts Senate on Thursday enacted a bill allowing evergreen clauses to be included in collective bargaining contracts, finalizing a bill that had been bandied back and forth between the branches in the finals hours of formal session for the year.

A reaction to a Supreme Judicial Court ruling on the legality of such clauses, the bill reaffirmed a long-standing practice of including language in collective bargaining contracts allowing public employees to continue working under the terms of expired contract while new deals are being negotiated.

The Senate on Thursday morning had not yet received a bill approved by the House Wednesday night banning parole for three-time violent felons, preventing the branch from naming members to a conference committee that will work over the next seven weeks with the House on a comprehensive crime bill.

Sens. Cynthia Creem, Steven Baddour and Bruce Tarr are the expected conferees.

Senate President Therese Murray, who attended the Senate’s five-minute informal session Thursday, also expressed optimism that another bill – one requiring scrap metal dealers to register at the local level and take more steps to ensure they are not acquiring stolen goods – could be finalized over the next seven weeks when lawmakers only meet informally and any member can block a bill.

“We amended what the House sent over because they didn’t go as far as we would like on tagging. I’m hoping that will happen because it’s a big business. I think it can get done in informal,” Murray said.

The House and Senate have approved competing versions of the bill, differing in the duration allowed for police to tag and hold goods sold to scrap metal dealers and suspected of being stolen. The House bill allows for a maximum 48-hour police tag, while the Senate allowed for up to 10 days.

House Consumer Protection and Professional Licensure Chairman Rep. Theodore Speliotis said he thought the 48-hour window negotiated between law enforcement and scrap metal dealers was a “good compromise,” but also said he believed common ground could be reached with the Senate during the recess.

“I think we can get it done informally. We didn’t have a roll call on it, and I will say I’m not surprised, or maybe a little surprised, it got such a positive reaction form the members when we put it out. There’s a greater will to accomplish something than to hold it up,” Speliotis said.

IAFF members, police and teachers will join Vice President Biden today (October 19) at 2:15 p.m. at the Russell Senate Office Building to urge Congress to stop dragging its feet and start restoring public safety and education – already threatened by budget cuts – by investing in programs to put fire fighters, police officers and teachers back to work protecting our communities and educating our children by passing the Teachers and First Responders Back to Work Act, S.1723.

IAFF members can watch the event via live stream beginning at 2:15 p.m. (Eastern Time). Click here to watch. IAFF General President Harold Schaitberger is the emcee for this event, which includes remarks by Vice President Joe Biden and other key senators. Teachers, police and Lawrence, MA Local 146 fire fighter Wayne LeDuc, who was laid off and brought back to work because of SAFER, will also speak at the event. 

“Public safety and education are the cornerstone of a prosperous nation and the rebuilding of our economy," says Schaitberger. "Putting fire fighters, police officers and teachers back to work will strengthen communities and generate a stronger environment for local businesses to start hiring more workers.”
The act includes $35 billion in funding to invest in public safety and education, including $1 billion for the Staffing for Adequate Fire and Emergency Response (SAFER) program to keep fire fighters on the job in communities throughout the country. Nearly 15,000 fire fighter and paramedic positions have been lost, targeted for elimination or have been left unfilled after a vacancy due to funding shortages as the prolonged economic downturn has decimated local tax revenue.The event on Capitol Hill will coincide with press events held by IAFF affiliates around the country, as well as with the president's visit to a firehouse in Chesterfield, Virginia. 

A national television ad produced by the IAFF is running in key states to promote the Teachers and First Responders Back to Work Act. Click here to watch. Please share these ads with your members, families, friends and neighbors -- using email, Facebook, Twitter and YouTube.

GOVERNOR PATRICK SIGNS $30.6 BILLION FISCAL 2012 BUDGET 
TO INCLUDE MUNICIPAL HEALTH REFORM.

“Unfortunately, after decades of fire fighters brutalizing their bodies in the performance of their duties, many fire fighters end up with bodily injury, cancer, and other diseases that require the use of health insurance to keep them alive.  It is imperative that those who need health insurance the most must have access to good quality affordable Health Care.  The legislation signed today encompasses these principles.” - Edward Kelly, President P.F.F.M

• Employees must have a meaningful voice in the process.
• The sickest employees must be protected from excessive out-of-pocket expenses.
• Retirees must be protected from exorbitant increases in health care costs.

The final plan does not provide the Unions and Retirees with all of the provisions they sought, but does honor those principles.

Under the new system, municipalities will have the right to seek health insurance plan design changes that increase employee health care costs to levels equivalent to the state Group Insurance Commission.  Municipalities may also seek to move employees into the GIC if they can demonstrate that doing so will save the municipality at least 5 percent more than could be achieved through simply making plan design changes to current benefits.

Municipalities and Unions will negotiate to set aside up to 25 percent of the first year of savings to mitigate higher employee out-of-pocket costs.  For instance, they may use the funds to establish Health Reimbursement Accounts (HRA) from which employees and retirees with high co-payments and deductibles can be reimbursed.  Employees will have a right to bargain over the proposed changes for 30 days.  If no resolution is reached, a three-person panel will make the final determination.  This three-person panel shall be comprised of one member appointed by the public employee committee, one member appointed by the public authority, and one member selected through the Secretary of Administration and Finance who shall forward to the appropriate public authority and public employee committee a list of three impartial potential members from which the appropriate public authority and the public employee committee may jointly select the third member.

The scope of bargaining will be limited, however, because municipalities will ultimately be able to transfer employee health coverage to the GIC, provided the 5 percent savings benchmark is met, or they can enact the cost-saving features into the existing municipal plans, as long as the new costs to employees are not higher than if they were in the most-utilized GIC plan.

Active employees will continue to have the right to bargain over the premium splits that employees pay, which health insurance companies provide their services, benefits covered by the plans, use of the mitigation funds and other features of their health insurance benefits.

Retirees currently do not have a right to bargain over the premium split, as long as the municipality pays at least 50 percent.  For municipalities electing to achieve savings under the new law, the premium share paid by retirees as of July 1, 2011, cannot be increased for three years.

Another new requirement is that all retirees who are eligible for Medicare will be required to enroll in Medicare.  Most – but not all – municipalities have already adopted this requirement, which will now be statewide.

Tentative agreements with Legislators have been made to create Regulations/Guidelines for protecting “quality” of plan and for addressing Public Employee Coalition (PEC) weighted voting.  Over the next few weeks a fix via the supplemental budget will address permanent prohibition on midyear changes at GIC and also fix the Evergreen Clause.

The Coalition’s willingness to accept these changes reflects the organizations’ recognition that public- and private-sector employees and the recipients of public services have all been hurt by the recession, the fiscal crisis and the skyrocketing cost of health care.  The Coalition believes that now that we have eliminated this distraction from the public debate, we can all focus on the real crisis, which is the ever spiraling cost of health care for all residents of Massachusetts, and the Coalition stands ready to work with the Legislature and Governor as we move forward to address this critical issue.

PFFM Legislative Committee

Edward Kelly, President                             
Jay Colbert, Secretary-Treasurer                            
Paul Jacques, Legislative Agent

WASHINGTON, DC – January 19, 2011 - Senators John Kerry, Scott Brown, and Congresswoman Niki Tsongas today announced that the Lawrence Fire Department will receive a two-year $6,622,000 grant from the Department of Homeland Security.  The federal funding will allow the City of Lawrence to rehire 23 firefighters who were laid off due to budgetary cutbacks last year.  The funds are also sufficient to hire 15 new positions at the department for a total of 38 positions.

“Our local firefighters put their lives on the line every day to protect our communities and it’s our duty to keep them safe,” said Sen. Kerry. “This investment will help upgrade their departments’ equipment, enhancing their ability to respond to emergency situations and improving the safety of both residents and firefighters.”
“Firefighters risk their lives day in and day out protecting the citizens of Massachusetts, and we must ensure they have the necessary equipment. I’m grateful for their service and pleased they are receiving these resources to support their efforts,” said Sen. Brown

 “This is excellent news for the City of Lawrence,” said Congresswoman Niki Tsongas.  “These grant funds will allow the City to hire back many of the firefighters who lost their jobs due to budgetary cuts and will provide greater safety and security for Lawrence residents.  Our local communities deserve an engaged federal partner, especially during these difficult economic times, which is why my office worked closely with the City to identify and secure these needed funds.”
“I am very thankful that the City of Lawrence has been awarded this grant which will allow us to increase our staffing to the level that our community and fire department deserves.  I appreciate the collaboration of local, state and federal partners to make this grant a reality for our Great City of Lawrence”, stated Mayor William Lantigua.
 
The SAFER program provides approximately $420,000,000 in competitive grants to fire departments and statewide or local volunteer firefighter support groups.  No less than ten percent (10%) of the funding must be awarded for Recruitment and Retention activities and no less than ten percent (10%) must be awarded to volunteer and/or mostly volunteer fire departments for hiring of firefighters.  In addition, at least fifteen percent (15%) of the appropriated amount is set aside for the hiring of new firefighters.

FEMA Safer Grant Awards

Reliefs In 1 Market Street Lawrence, Ma