KY State AFL=CIO COPE endorses Jack Conway for KY Governor

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Fellow Trade Unionists: On Tuesday, January 20th, the Kentucky State AFL-CIO Committee On Political Education – COPE – announced its endorsement of Kentucky Attorney General Jack Conway for Governor of Kentucky. Below is the press release issued in conjunction with our endorsement. I truly hope that the members and leaders of the Kentucky Labor Movement understand what a great advocate for workers they have in Governor Candidate Jack Conway. As Attorney General Jack Conway has distinguished himself and his office with a wide range of accomplishments including cracking down on Medicaid fraud, predatory lending practices of large banks, rip-offs by insurance companies, pharmaceutical manufacturer drug violations, gas price gouging by oil companies, for-profit college tuition financing schemes, prescription drug pipeline intervention, student education on drug abuse, cyber-crimes convictions and much more. On behalf of workers General Conway has intervened when KCTCS attempted to end tenure for faculty union members and prevented the elimination of tenure; he filed suit against FedEx for widespread and anti-competitive use of independent contractors as drivers, he stepped in to prevent a county from refusing to require prevailing wage on school construction project and supported the use of project labor agreements.

Recently, when Warren County was in the process of passing the first RTW ordinance, General Conway issued an Attorney General’s Opinion stating that county RTW ordinances were illegal under federal pre-emption. He has expressed unreserved interest and support in taking whatever steps are necessary to prevent the implementation of these illegal ordinances and just TODAY he issued another important opinion supporting the legality of binding arbitration for contracts negotiated with Louisville’s Metropolitan Sewer District (MSD) – a goal that Laborers’ Local 576 has been struggling to achieve for almost three years (see below).

Maintaining the Governor’s office in 2015 is essential for our prospects for future growth and to again prevent McConnell and his minions and millionaires from taking control of the Kentucky House of Representatives. Just like the last election cycle – it is up to us to get this done for the sake of Kentucky’s workers, families, children, retirees, spouses, communities and the future of the Kentucky Labor Movement. Please let me know if you have any questions or need additional information. In Solidarity and On To Victory in 2015 – 2016 and beyond, Bill.

For Immediate Release

Contact: Bill Londrigan 502-682-1497

[e-mail]

Kentucky State AFL-CIO Committee On Political Education (COPE) Endorses Attorney General Jack Conway for Kentucky Governor

Frankfort, Kentucky (Tuesday January 20th, 2015) – The Kentucky State AFL-CIO’s Committee On Political Education and affiliated unions from across the Commonwealth are pleased to announce our 2015 endorsement of Attorney General Jack Conway for Kentucky Governor. They will make this announcement today at 12:30 p.m. at the Capital Plaza Hotel (Kentucky Room).

“Jack is truly committed to helping Kentucky’s hard working men and women improve their living standards and working conditions and he understands the struggles that workers face in this difficult economy. As Attorney General Jack has demonstrated his willingness to stand up for working Kentuckians when they are victimized by unscrupulous employers, predatory lenders and scam artists. Our members and affiliates who live and work in every county across Kentucky thank Jack for his solid support and willingness to take on those that want to turn back the clock on Kentucky’s workers and their families. Jack has committed to continuing his advocacy, energy and ideas that benefit those that work every day to move Kentucky forward by improving our economy, educational opportunities, health and wellbeing. We believe the working families of Kentucky will have a great advocate in Jack Conway as Governor and look forward to working with his administration to make Kentucky an even better place to live, work and play.” Bill Londrigan, President, Kentucky State AFL-CIO

Who: Kentucky AFL-CIO, Affiliates, and Attorney General Jack Conway

When: Tuesday January 20th, 12:30 p.m.

Where: Capital Plaza Hotel (Kentucky Room) 405 Wilkinson Boulevard, Frankfort, KY 40601

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DeLane Adams

AFL-CIO Field Communications

Southern Region

Cell: 404-402-9764

Twitter: @delane392

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Conway opinion supports MSD union position

James Bruggers, [e-mail] 5:52 p.m. EST January 20, 2015



(Photo: By Matt Stone, The Courier-Journal)

Story Highlights

•Attorney General's Office opinion supports union position on arbitration.
•Rally draws more than 75 people from several unions, and other supporters.
Kentucky Attorney General Jack Conway on Tuesday delivered a blow to Metropolitan Sewer District management, providing an opinion that there's no legal reason why the agency's board could not agree to a contract provision requested by one of its unions.

Conway also plans to issue a clarification that asserts that MSD can agree to a binding arbitration clause in any contract it has with union workers, said his spokesman, Daniel Kemp.

Both are victories for a Laborers International Union Local 576, which represents about 150 workers who maintain sewer lines and drainage in the community, and have been at odds with management for more than two years.

The opinion came as more than 75 representatives and supporters of several unions in the Louisville area demonstrated outside MSD headquarters downtown.

"These people are people who are working in our waste," said Ken Koch, president of the Central Labor Council. "All we want is some dignity."

Chris Volz, center, and Dwayne McCauley protest outside MSD's main office on West Liberty in downtown Louisville. Union workers and members were seeking binding contracts with MSD as well as better pay for Central Maintenance Facility workers. Jan. 17, 2015 By Matt Stone, The Courier-Journal (Photo: Matt Stone/The Courier-Journal)





The group chanted calls for a contract and justice for the MSD workers, and sought to put pressure on Mayor Greg Fischer to resolve a dispute that's gone on more than two years.

"We have asked the mayor to be out front," said Lawrence Winburn Sr., business manager for LIUNA Local 576.

Fischer and state Rep. Reginald Meeks of Louisville had asked Conway whether the MSD board could agree to a union contract requiring a "super-majority" vote of members in order to take certain actions, including whether to accept or reject recommendations of a third-party arbitrator in employee-grievance matters.

"There appears to be no legal impediment to the Louisville MSD board assenting to such a contractual provision," according to the the opinion signed by Conway and Jacob C. Walbourn, assistant attorney general.

"This has been the only remaining issue left, and now there is clarity," said Chris Poynter, Fischers' spokesman. "The mayor is hoping the MSD board can revisit this issue."

The big issue in the dispute has been how to handle grievances. LUINA had originally insisted on binding arbitration, similar to how the Louisville Water Co. handles disputes, meaning management would have to accept an arbitrator decisions.

Former MSD chairman James Craig helped broker a compromise, where the board would have final say, but any rejection would need essentially six of eight board member votes, as opposed to five of eight, or a super-majority of a quorum.

MSD insisted that there was nothing in state law that allowed them to agree to either binding arbitration or an advisory arbitration with the super-majority approval provision. Craig, an attorney, had disagreed, and was pressured by his fellow board members to recuse himself because they did not approve of his intervention. He later stepped down.

MSD board members rejected the union's last contract proposal in December, declared an impasse and voted to end recognition of the union. MSD management had also refused to a request by the union to ask Conway for advice on the legal questions.

In deciding upon contracts, the law "prescribes only the minimums required for the Louisville MSD Board to take action, not maximums," the opinion concluded. "It is therefore permissible to adopt a contractual provision that requires a "super-majority" vote of the board to reject the decision of a third-party arbitrator," according to the opinion.

MSD spokesman Steve Tedder said MSD attorneys would review the opinion and provide it to board members, who meet next on Monday. He declined further comment.

Tuesday at the rally, union leaders said they no longer will accept any form of advisory arbitration. They said they are going back to their demand of binding arbitration.

MSD has objected to binding arbitration, saying that would in effect turn over agency decision making to another party.

The ruling did not explicitly address the question of binding arbitration.

But Kemp confirmed that Meeks asked for clarification and said Conway's office would provide it.

"It's our position that the opinion recognizes that binding arbitration is legal," Kemp said.

David O'Brien Suetholz, said he's hopeful the opinion and clarification can lead to a reconsideration of the union's contract by the board.

"We were not surprised by the Attorney General's opinion," he said. "We hope it helps the board get by the board's (attorneys') erroneous advice."

Reach reporter James Bruggers at 502-582-4645 or on Twitter @jbruggers.