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Judge's clarification halts Carcieri hike in health costs

1:25 PM Tue, Aug 26, 2008 |
Mike McKinney    Email

PROVIDENCE -- A Superior Court judge today blocked Governor Carcieri from increasing health-care costs to Council 94 union members who work in the executive branch until the matter is addressed by the state Labor Relations Board.

Today's decision by Judge Patricia A. Hurst is meant to clarify a decision she issued last week, which left both the governor's office and organized labor claiming partial victory.

It comes after representatives of the governor's office and Council 94, the largest union of state employees, met twice with the judge behind closed doors.

The sides are to appear before the Labor Relations Board immediately and report back to Hurst every two weeks, according to a news release from the state Judiciary announcing the judge's decision.

At issue is the cost of health care for thousands of state workers and roughly $10 million the governor needs to balance the state budget.

Also at issue are the governor's constitutional powers and whether Carcieri can act unilaterally in this case.

In her ruling today, Hurst said, "the governor unilaterally can implement an executive order increasing non-union executive branch employees' health-care deductions, just as the Judiciary has already done with respect to its non-union personnel. But, no, he cannot implement an executive order increasing Council 94's health-care deductions if doing so runs afoul of the law - as it would under the present circumstances."

Law and public policy "prohibit unilateral action by either party until, at the very earliest, the mediation, conciliation, and arbitration processes" spelled out in state law (Title 36, Chapter 11) have been completed, the judge wrote.

Just yesterday, the governor had planned to increase health-care costs for more than 4,800 unionized executive branch state workers.

-- projo.com staff writer Michael P. McKinney, with reports from Steve Peoples of the Journal State House Bureau

 
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Comments

Dan said:

Gee. I guess the law really is the law and there are steps to resolve this conflict. Fortunately Judge Hurst reminds us of that. The longer this goes on however, the greater the negative impact on the employees if King Don prevails will be or if he loses, the greater the negative impact will be on the state budget. I guess the smoke is clearing and the mirrors are cracked. So much for the wonder budget. (Makes wonder how they thought this budget would actually balance.) In the end, everyone is going to lose. They should start negoitiating to put an end to this standoff.



PM said:

I think I'm confused.. recently the judge ruled the Governor could increase the cost of benefits, but now she says..no?

If Union 94 doesn't like the thought of the increased rates now, wait until the matter is resolved a month or 6 months from now and they have to pay retroactive!! Think Christmas and heating bills, then they'll cry "We can't afford it," "I have kids"..

The union should bite the built now and count on reimbursement latter, it will be a less bitter pill to swallow.

Still don't understand the Judge's logic.



JD said:

Let's see, this is going to be fairly mitigated by the Labor Relations board??? A board that is run by the unions. Don, forget the case, save the legal fees. 5,000 layoff notices in the mail tomorrow should do the trick.



knorman said:

I am no fan of the Gov, however, even I must admit that he has stated the increased health care payments were in leiu of lay-offs and unpaid days off.

Seems to me, these Union people are more interested in lay-offs and unemployment.



Frank Martin said:

As I've stated in the past, the normal procedure ion industry would be to layoff people.



sue said:

Well now lets see if everyone in this wonderful state of RI gave up a days pay to help with the budget then I am all for it... Since we have had Carcieri in there and the great business man that he is has been allowed to flush RI right down the toilet!!!!So send in your checks today to help balance the budget since he cant seem to do it after almost 8 long years!!!!!!!NOW HOW SILLY DOES THAT SOUND!!!!!! See it sounds silly when the shoe is on the other foot....In this great country no one works for free!!!!!!! Why should I.....when the checks start rolling in count me in....it is not my job or any other co-worker of mine to balance the STATE BUDGET!!!!!!! He is not god nor a king......so the quicker we get rid of him the better all of us will be AHEM



Ernie said:

You people sound like the "Other two governors"
The talk show hosts who only get the facts half right. What the gov doesn't tell you that his medical is free and it's blue cross not united health. And he gets 100 percent after he leaves state service.



Bill said:

This needs to be appealed immeadiately. The unions have to much power and even the damn judges are corrupt. LAYOFF people now dont wait, dont ask permission, dont negotiate, dont hire them back. The unions cant do this to taxpayers!



jawman said:

I cant wait for my company to raise there rates.. im going to bring them to court and have the raise halted. I can not belive our system, and just how screwed up all of it is !



Elizabeth said:

Sue, you said:
"So send in your checks today to help balance the budget"

Wow, are you ever missing the point. We do send our checks to the state. It's called INCOME TAX and it pays state employees' salaries and benefits. We taxpayers are already giving plenty, thank you very much.



Scott said:

Oh Jawman, you cry about the raises of health ins. in the private sector. Although when you and the private sector were doing great, you were nowhere to be found posting against the poorly paid over benefited public employee. Once the private sector went belly up the public employees were the reason for the buget and thier benefits were to blame. Uncle Don ruined two other companies before coming here as Gov. now he has ruined the state. And JD, go ahead layoff people, we as state employees already work shorthanded as it is. 7.5% unemployment rate in this state and you are still not happy. Maybe @ 10% the federal gov't will come in and take the state over. Maybe the state employees that are layed off will go elsewhere and take themselves off the RI taxrolls with the help of the union. You forget that with the state jobs comes state taxes. you lay off ppl and there go the income taxes with them.



Henry said:

Republican governor, democratic and union-run state house. How can anything get accomplished in this state? The only thing getting done is that the taxpayers are being screwed by both their reps and the unions.



JD said:

Ernie, In the interest of getting the facts straight, maybe you would like to point out that the Governor declines the Health Care from the State of RI. In fact, per law, he has to take a payout since he declines the coverage and every year he donates that payment to charity.



Rhonda said:

I am fit to be tied over this bs. I feel as though the tax payers of RI have paid enough already and it's time for State Workers to pay more toward their benefits. In the private sector we are responsible for paying the increase in rising health care costs and I think state employees should be doing the same, who are they to demand that we as tax payers should keep cosuming the cost of their benefits. I support the Governor all the way and I am pleased that someone is finally thinking about all the other tax payers in RI that this is effecting.



murry said:

Yah! the TEN MILLION dollar projected savings from screwing state workers is going to cover up a 100 million dollar shortfall. The man is a sociopath.

1. the Gov. doesn't want layoffs because it would be last in first out, as only fair. That means all his buddies that he put in at high salaries recently will have to go, like his niece.

2. state employees pay the same income taxes as everyone else so, why do they have to sacrifice twice for the budget? We don't say, for example...let's collect an extra 10% of salary from everyone who works in Prov Place Mall, or name some other business, and not get that 10% from anyone else, do we?



It appears to me that the Honorable Justice Hearst is not as honorable as she would like us to think. She issues one decision and when she understands what she issued, she calls it a misinformation and now decides to change her mind. Who appointed her, was it a Democratic Governor? I'll bet it was. She obviously owes somebody. I'll bet it was. She should at least stick by her first decision. We very seldom see a judge first issue a decision and then a week later changes her mind. She should hang up that robe of hers. She is one of the many politicians in this state that should not hold the jobs they have. ONLY IN RHODE ISLAND.



Judge Hurst, She's Our Woman said:

to Bill: How many times do the state employees have to remind everyone that WE PAY TAXES, TOO.
As for your other comment: Did you not read the Judge's first decision? Your glorified king (aka Carcieri) is probably already costing the state more money in court costs now (wait . . . isn't he supposed to be SAVING money) by refusing to negotiate and causing more problems in trying to force something he does not have the power to do. But yes, cheer him on, "Go Governor . . . fire them all!" I wonder how much court costs for that endeavor will cost the state! Wake up, people!




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