Maine’s second largest labor union is considering illegal tactics, including tactics that could temporarily shut down state government, to gain leverage in its so far unsuccessful negotiations for pay increases with Gov. Janet Mills’ bargaining representative, the Maine Wire has learned.
The Maine Service Employees Association – Service Employees International Union 1989 (MSEA-SEIU 1989), the union that represents state employees, offered a proposal that included steep pay increases and several additional benefits in April.
But the Mills Administration’s head negotiator, Director of the Bureau of Human Resources Breena Bissell, countered with a lowball offer from the Mills Administration last month that the union rejected almost instantly.
That package offer has expired.
Tuesday evening, roughly 75 state employees were on a bargaining session Zoom call where members discussed whether state workers should go on strike, stage a “sick out” or engage in a workplace slowdown — tactics that are illegal under the Maine State Employees Labor Relations Act.
Some state workers, including one with a master’s degree, said they’ve had to take on second jobs in order to keep pace with the rising costs of food, child care, and other goods and services.
During the call, some members were adamant about the need to escalate tactics, but MSEA leadership repeatedly stressed that it would be illegal to use union resources to organize any form of work stoppage.
“I just want to say, the only way management’s gonna listen to us is by staging a sick out,” said Kevin Russell, an eligibility specialist at the Department of Health and Human Services.
A sick out occurs when a large number of employees disrupt the function of a government office or a business by calling in sick on the same day.
“They’re not gonna listen to us unless we do something drastic,” Russell said. “We can do everything else, they don’t really care. The governor’s in her final year, final year and a half, she doesn’t care. They’re contracting out state workers left and right. They are just beaten us and waiting this out. I think we need to take more drastic action to make them know that we’re serious, this compensation package is what we need and what we deserve. I mean, I haven’t gotten [a pay increase] in three years, and my cost of goods and services have gone up astronomically. I’m ready to stage sick out, I’m tired.”
According to state records, Russell’s base pay from the state was $47,103 in 2021 and $49,315 in 2022. Had his salary merely tracked inflation over that time period, his base pay would exceed $53,000.
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In 2022, Bissell, Mills’ chief negotiator, received a compensation package worth $157,289.32, an increase in her total 2021 compensation of $151,440.46, according to state payroll records.
“Like, I’ve worked in lots of campaigns, put out flyers, the governor takes credit for the fifteen dollars an hour [minimum wage], I was out in the streets with banners fighting for fifteen, they didn’t give me that. I worked for that,” he said. “We need to start taking more drastic action.”
MSEA’s Director of Organizing Angela MacWhinnie attempted to steer the conversation away from illegal tactics.
“As a representative, as the chief negotiator for the bargaining team, that is not an action that I can openly endorse or plan,” said MacWhinnie.
“I’m legally bound and obligated to say that we are not able to have me endorse or use this space to talk about a sick out,” said MacWhinnie.
One state worker then floated the idea of having non-leadership members organize an unofficial sick out, but MacWhinnie also said that would be illegal because members would be taking sick time for untruthful reasons.
[RELATED: Bates College Workers Reject Union Bid Backed by MSEA-SEIU Local 1989..]
Then a state worker on the call suggested members all take personal time, which in some cases doesn’t require supervisor approval, on the same day to accomplish the same objective.
The union decided to obtain legal guidance on whether the “personal time out” would be a viable option.
If the MSEA went on strike, staged a sick out, or caused any form of work stoppage in state government, the Mills Administration would likely file a prohibited practices complaint with the Maine Labor Relations Board.
If the board found that MSEA sanctioned a prohibited practice, then it would issue a cease and desist letter. If MSEA ignored the letter and continued engaging in prohibited practices, then the matter could eventually result in a hearing before a Kennebec County Superior Court judge who would have the authority to enforce an injunction.
Such a conflict could even result in progressive discipline for MSEA President Dean Staffieri, who is also a state employee.
Maine law states that the court would have the authority to “compel compliance”; however, it’s unclear how the state would compel state workers to stop a sick out that has already occurred.
[RELATED: Maine State Workers Union Shocked at Mills Admin’s “Horror Show” Offer…]
Other tactics discussed on the call were organized efforts for members to all wear purple shirts on the same day, bringing cupcakes into state offices with pro-union messages, and a demonstration at the State House.
MacWhinnie said the key to any successful union tactic would be broad organization and coordination among state employees.
“There are some people willing to do a much more militant thing. And then there are some people not ready to do that,” she said. “And we plan action that both plays to the strength of the big militancy, but also of numbers. Those are the two ways that we flex power.”
MacWhinnie said the Mills Administration keeps a close eye on potential union tactics and has called her in the past to inquire about rumored plans, including a plan to have state workers take a mass photograph during a break.
The union is currently planning to drop leaflets around state parks and other state facilities raising awareness about their struggle to bargain for pay increases.
The MSEA and its parent union, the SEIU, are traditionally loyal supporters of the Democratic Party.
The MSEA has long been considered a left-wing juggernaut in Maine politics, with hosts of activists who are active at the State House and in most elections.
But despite these efforts, the MSEA has been spurned by the very Democrats they helped elect, especially Gov. Mills.
The dispute between the MSEA and the Mills Administration became so bitter in March that the union filed a Maine Labor Relations Board complaint against the governor. The complaint alleged that Mills’ representatives were not bargaining in good faith and had engaged in prohibited practices.
The two sides are still miles apart when it comes to proposals, according to bargaining proposals reviewed by the Maine Wire.
The MSEA initially proposed a $5.00 per hour increase to all state worker wages plus an additional 22 percent increase — both effective this year — followed by a 15 percent increase in 2024.
The state responded with an offer of no pay raises in 2023, a four percent raise in 2024, and a three percent raise in 2025.
The new counter offer from the MSEA is for an immediate $5.00 per hour raise, a 19 percent increase beginning in October, and an 11 percent raise starting in 2024.
Bissell shot that down Tuesday night at the bargaining session.
“It’s not enough movement,” said Bissell. “We know that there is not enough money to do the $5.00 an hour, 19 percent, and 11 percent. But again, appreciate the movement.”
According to the MSEA, Bissell told them that the original MSEA proposal for pay increases would amount to a $592.6 million increase in state spending throughout 2024 and 2025.
Bissell’s insistence that the State lacks the money to fund their proposed pay raises follows a legislative session in which Mills approved the largest biennial budget in the history of the State. Mills also approved a nearly $500 million package in January and a nearly $900 million spending bill loaded with funds for progressive projects.
The Mills Administration has declined to tell the MSEA how much money is available for pay increases.
Bissell said the Mills Administration would offer another proposal on Thursday.
“I’d really like to wrap negotiations soon,” she said.
In addition to representing state workers in the executive branch, the MSEA represents judicial branch employees, employees of the Maine People’s Alliance, employees of Planned Parenthood, and employees of the Maine chapter of the American Civil Liberties Union. However, those groups bargain separately from executive branch employees.
All told, the executive branch bargaining unit has more than 5,000 members, though that number has declined in recent years.
Trouble in Demsville? I can hardly sympathize with the MSEA-SEIU Union which according to Discover the [Socialist] Networks states that, “SEIU is one of the largest labor unions in North America which donates millions of dollars to Democratic lawmakers and politicians who promote government expansion and higher taxes.”
If I’m not mistaken, inflation under Brandon is at its highest level in 40 years, disposable income is down11% and credit card debt is hovering @30% primarily due to his reckless $3.4 trillion in spending. Inflation hurts these very union workers the most. Maybe they should consider NOT voting for Democrats?
The money for “culturally appropriate” meals has to come from somewhere. The Supreme Soviet isn’t gonna take it out of her salary.
My initial check is for $27,000. This is the first time I’ve actually earned something, and I’m very happy about it. I’m going to work even harder from now on and I can’t wait for my paycheck sb-10 the following week. For further information, click the home tab.
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Government workers are some of the most incompetent and unskilled workers you will find anywhere. When they aren’t gracing their offices with pure negligence, they are pushing communist agendas. They already get full benefits with good pay without having requirements that are expected of workers in the private sector, such as competency. A permanent “sickout” would do nothing but benefit Maine.
Steven Gasper on August 10, 2023 6:42 AM
Government workers are some of the most incompetent and unskilled workers you will find anywhere. When they aren’t gracing their offices with pure negligence, they are pushing communist agendas. They already get full benefits with good pay without having requirements that are expected of workers in the private sector, such as competency. A permanent “sickout” would do nothing but benefit Maine.
In some cases I might agree with you, especially elected and appointed state workers. HOWEVER. why don’t you get off your ass and get a job working as a correctional officer, or a state trooper or any other form of law enforcement and show them how it should be done.
“incompetent and unskilled” Maybe but it’s a safe bet you wouldn’t last six months, most don’t.
Mills lied to them….join the club MSEA.
Funny how the state can’t find money to give a fair raise, but can find millions to house and support illegals!
State workers are already over played and under worked, everyone is in the same situation with high food costs,ect.
Should State workers decide to pull a “sick out” gamble then I suggest that our Governor pull a Reaganesque tactic and terminate them for the illegal actions!!
As my father used to say. If one job isn’t enough, get another job temporarily to help make ends meet. I have no sympathy for them. I’ve lived in many states and most state employers never had a non state job. They don’t know how well they have it.
This is absurd reporting… Someone asked if it could be done, rep said no, its illegal. That was the end of the discussion… this is how misinformation spreads. Shame on you for glorifying one part of the meeting in an unfair light to gain readers.
I’m not a union supporter but as a Maine resident I suggest the union members ask Ms. MILLS how much the state is paying to care for illegals who she has invited to our state. I heard today she wants to bring in 75,000 more unvetted illegals into Maine. Ask her to justify paying for illegals when state workers and others working get nothing free. In fact she is using our taxes to support them. Call and write Janet, Jarod, Susan, Angus, etc. Let them Maine Americans come first.
Welcome to the real world. Every mainer had to buckle down and most had to seek extra work to make ends meet. So state employees are above that. To make it worse on tax payers they demanding a steep wage increase. I don’t think so. Fire them make Maine government smaller less taxes
Most state workers in Maine that deal with public shouldn’t have their positions!! They treat public like they are beneath them they act like your bothering them and they’ll make you wait while they continue gossiping with coworkers about the latest office drama. Never answer phones and are very incompetent for the position they were hired to fill. Go get a second job like most Mainers had to do . Our taxes are hi enough supporting moochers like most state employees Ive had the pleasure of dealing with. They don’t realize how good they have it and continue to complain… No one made them live above their means so that’s their own dam fault! I’m kind of happy Janet lied to them like she has lied to all of us .. I know you expected preferential treatment because you played along with her lies to get her into office! How’s it feel!! Welcome to the real world!!
I’m pretty sure Inflation is Bidens fault cost of gas open borders and many other failures that have been brought on by most of these people crying about not getting a raise! They voted for these clowns. Next time vote with your brain instead of your feelings maybe things will turn out better. Till then keep believing everything your elected politicians tell you!!! They don’t think much they like government to do it for them. !!!
How dare you assume that because we work for the state we voted for Mills. I can tell you most of the people in my office voted for LePage. Many of our employees make less the people at McDonald’s.
useful idiot (noun)
: a naive or credulous person who can be manipulated or exploited to advance a cause or political agenda.
Especially you Kevin Russell (an eligibility specialist). Your task has been to clear the Old Mainers off the table to free up space for New Mainers. I have the least sympathy for you, go flip a burger commie. The rest of you can work in the 10,000’s of part time jobs that supposedly require 100,000’s of illegal immigrants to get work permits. So theres plenty of supplemental income available.
Maybe it be good idea to look at the wasteful spending in the State Offices, and how the state just throws money at a problem without clear leadership and management of that money. I know a lot of hard working state employees. Management doesn’t address the incompetence of a lot poor state employees as well. I love Maine but can no longer afford to be Maine resident.
Well.. here we go. I am a State employee. People just don’t understand. In the past 3 months we have lost over 22 people. Where I am located they are worried about being Abel to keeps level 1 roads open. Yes people that’s Rt.1. We don’t have the coverage to keep roads open and can’t find people to put in trucks. Starting pay is $15.85 an hour . That’s just barely over minimum wage. People will start realizing when roads get shut down and people can’t make it to work because there is noone to plow the roads for you. I did not vote for Mills no will I ever vote for a Dem .