WHEREAS:

The fight over management rights and employee rights in South Dakota has national implications; and

WHEREAS:

Members of South Dakota AFSCME Local 169 and South Dakota AFSCME Local 1743, as employees of Kingsbury County and BonHomme County, are locked in a five year battle to preserve their collective bargaining rights; and

WHEREAS:

The Kingsbury County Commission and the BonHomme County Commission both hired Joseph Dreesen, an employment law attorney of the Omaha, Nebraska law firm Berens and Tate, known for union busting tactics; and

WHEREAS:

The Kingsbury County Commission and the BonHomme County Commission followed the ill-conceived advice that Dreesen could impose management rights upon AFSCME Locals 169 and 1743 and take away agreements that were negotiated by the counties and AFSCME; and

WHEREAS:

AFSCME Local 169 and AFSCME Local 1743, with assistance from AFSCME Council 59 Executive Director Paul Aylward and Attorney Linda Lea Viken, petitioned the South Dakota Department of Labor to protect the employees' right to bargain in good faith; and

WHEREAS:

AFSCME Council 59, AFSCME Local 169, and AFSCME Local 1743 petitioned the South Dakota Department of Labor to determine:

1. whether the counties may lawfully bargain and impose the management rights clause,
2. whether the counties committed an unfair labor practice,
3. whether the offers imposed were actually the last best offers,
4. whether the union negotiated in good faith; and

WHEREAS:

The South Dakota Department of Labor heard the petitions on December 5 and 6, 2000 and January 25 and 26, 2001, then dutifully deliberated very hard and for a very long time, and more than a year later rendered decisions; and

WHEREAS:

The South Dakota Department of Labor decided that:

1. The counties never demonstrated a legitimate business need for the proposed management rights clause.
2. The counties were found guilty of unfair labor practices.
3. The counties misled the union into believing the contracts had been implemented and imposed.
4. AFSCME Council 59, AFSCME Local 169 and AFSCME Local 1743 did not commit any unfair labor practices.
5. The BonHomme County Commission must pay back wages of $0.25 per hour for 1999 and $0.22 per hour for 2000; and

WHEREAS:

The South Dakota Department of Labor decision has been affirmed and strengthened by the South Dakota Circuit Court; and

WHEREAS:

Both counties continue to follow the ill-conceived advice of their anti-union law firm and have appealed the decisions to the South Dakota Supreme Court; and

WHEREAS:

This struggle for justice in the workplace has dragged on for over five years; and

WHEREAS:

The AFSCME International Union has supported Council 59 in this struggle.

THEREFORE BE IT RESOLVED:

Given the potentially serious and far-reaching national consequences of management rights contract language that strips workers of their collective bargaining rights, AFSCME reaffirms its commitment and support of Council 59 in their pursuit to protect public employees' rights; and

BE IT FINALLY RESOLVED:

That all AFSCME councils and local unions work diligently to end these and similar union-busting tactics.

SUBMITTED BY:

James O. Bahr, President
Vicki Liebig, Secretary
AFSCME Council 59
South Dakota