AFSCME Council 40
8033 Excelsior Drive
Madison, WI
Management: James Buchen, Earl Gustafson, Dan Petersen and Robert Oyler
Labor: Phil Neuenfeldt, Bob Lyons, Dennis Penkalski, Michael Bolton and Red Platz
Chair: Greg Frigo
Department staff present: Bill Clingan, Tom Smith, Mary Anderson, Carol Laudenbach, Dick Tillema
Frigo called the meeting to order, noted Lump would be late but had left a cell phone number where he could be contacted.
Frigo summarized his 9/29 meeting with Bob Anderson and Bob Lyons about the attendance issue, noted they were presented a draft by Kho, Smith, Tillema and Frigo following the previous Council meeting. Buchen and Metcalf of WMC had been unable to attend the briefing.
Frigo asked if Council members wanted to discuss some pending department proposals or go to caucus. Neuenfeldt suggested dealing with them along with everything else. Frigo noted the department was ready to present the proposal by Rep. Vruwink re: spouses who quit to follow re-assigned military spouses, noted the lawmaker’s aide John had made some phone inquiries as to its disposition.
Closed caucus was moved and seconded. Frigo announced the reason for the closed caucus and the authority pursuant to state statute § 19.85(1)(ee). Buchen, Petersen, Gustafson, Oyler, Neuenfeldt, Platz, Penkalski, Bolton and Lyons approved closed caucus to discuss unemployment insurance law change proposals.
Frigo offered members a copy of the attendance memo presented to Lyons and Anderson.
[break for caucus]
When the Council reconvened, Neuenfeldt offered to craft a motion by going through the management and labor lists and noting which items are agreed to be included in the 2003 UI law change bill, then making a formal motion.
Neuenfeldt noted the labor list included the approved training provision from the Department list. Buchen said he was prepared to agree to that despite not having seen the details, noting significant changes to the program would have to be returned for Council review.
Frigo, Tillema, Neuenfeldt searched for the list to summarize the approved training provision. Tillema noted the list was titled Workforce Investment Act, Title 1B, non-dislocated adults and had 6 or 7 items.
Buchen noted W-2 has training programs, expressed concern about the breadth of the approved training category and adding programs the UI program does not already operate. Neuenfeldt guessed the eligible individuals would be miniscule. Frigo, Tillema, Buchen commented on the various programs W-2 recipients attend as approved training leading to work.
Neuenfeldt asked if Buchen was concerned about W-2 turning into something different than the current program. Buchen said he was seeking a list of specific W-2 training programs. Neuenfeldt suggested a motion to adopt the approved training provision for all programs operating as of 10-1-03, with a specific list of those programs to be supplied later. Buchen agreed, noting the categories seemed broader than what they had agreed to provide.
Buchen suggested the Department return with a more specific analysis of sequential vs. proportional charging, for future disposition.
Neuenfeldt added the management proposal for work search waivers. Buchen noted it is a 2-part proposal encompassing management’s 2-work-search requirement and labor’s work search waiver for workers expecting to return to their previous jobs, with a notice to the employers to verify whether they intend to recall the workers.
Neuenfeldt listed the levy change from labor’s list. Buchen added the partial successorship change from management’s list. Frigo summarized the law change motion to include items previously agreed to, plus these new items:
Buchen, Petersen, Gustafson, Oyler, Neuenfeldt, Platz, Penkalski, Bolton and Lyons approved the motion.
Frigo noted the drafter already had some of the previously agreed-to changes and that today’s items would be forwarded with celerity. Frigo noted there would be a follow-up Council meeting to go over the bill draft, date to be determined, which could be done by conference call. Frigo added the bill must go through 3 committees and would likely get floor action in the year’s last legislative floor period.
Buchen asked, Frigo explained that UI law requires all UI bills go through the Joint Committee on Finance, regardless of whether there is an attached appropriation, said the 1980’s era provision was intended to give JFC some oversight, joked about including a repeal of that JFC oversight provision. Laughter ensued.
Frigo noted current law requires a department rule on attendance, which has not yet been agreed to and likely will not meet concurrence, suggested repealing that requirement. Smith noted the 32-hour rule was also not finished. Tillema asked about the ‘definition of employee’ rule, Smith and Frigo noted the Council had approved it.
Frigo noted, Buchen confirmed that management was still interested in the attendance issue, but as a law change, not a rule change. Frigo voiced concern about moribund provisions in the statutes returning to haunt the department, might be better to pull them out. Neuenfeldt agreed. Buchen balked, but wondered what they gained by leaving it there. Council members commented on the potential fallout of disuse.
Frigo reminded members of the now-repealed requirement to write a rule on drug testing (which was never written,) noted the department had gotten calls wondering where the rule was. Buchen said he was agreeable to removing the attendance rule. Frigo noted other members needed time to think it over and that it could be addressed later. Members informally agreed to have the repeal included in the draft while keeping the option to severe it upon review.
Frigo said members would be contacted about the next meeting.
Meeting adjourned.
Updated March 25, 2013