The Dotte

KOSE Takes Action Against the Department of Administration’s Proposed Voluntary Retirement Incentive

 KOSE Takes Action Against the Department of Administration’s Proposed Voluntary Retirement Incentive

State Willfully Ignores Statute and Memorandum of Agreement

In response to the Department of Administration’s rollout of a Voluntary Retirement Incentive, today the Kansas Organization of State Employees filed three different actions to ensure the proper requirements of meet and confer are met before the program is effective for KOSE-covered employees.  The State is required, by Kansas statute and by contract, to meet and confer with the Union over any changes to conditions of employment, such as salaries, hours of work, retirement benefits, and insurance benefits.  The State previously scheduled a meet and confer session with the Union regarding the Voluntary Retirement Incentive, with the State and the Union agreeing to meet on August 10, 2011.  Despite the scheduled meet and confer session, the State proceeded to announce the program on August 2, 2011 without any notice or communication to the Union.

To address the State’s violation of Kansas statute, KOSE filed a Prohibited Practice Charge with the Kansas Public Employee Relations Board (PERB) over the Department of Administration’s failure to meet and confer in good faith.  To address the State’s violation of its labor agreement with KOSE, KOSE filed a Step III grievance against the Department of Administration for the State’s failure to notify the Union of changes to conditions of employment and the State’s failure to meet and confer as required by the labor agreement.  To ensure both the Prohibited Practice Charge and the Step III grievance receive full and fair hearing, KOSE has also filed a petition for injunctive relief in Shawnee County District Court.  This petition asks the court to restrain the State from implementing the Voluntary Retirement Incentive for KOSE-covered employees until such time as the Prohibited Practice Charge and the grievance are heard before the appropriate bodies. 

“KOSE is not opposed to the concept of a Voluntary Retirement Incentive.  However, in implementing this or any program, the Administration must adhere to state statute and to the labor agreement.  KOSE’s goal in filing these actions is to insure the State follows the necessary steps under the law and the labor agreement before implementing any program that impacts State workers,” said Jane Carter, KOSE Executive Director.

“KOSE sought to meet and confer with the state several weeks prior to this announcement, and a date for meet and confer had been set.  For Secretary Taylor to implement a change to conditions of employment one week prior to meet and confer, with no notice to the Union, is quite disappointing.  This disregard for statutory and contractual requirements to meet and confer is troublesome on many levels,” said Carter. “Terms and conditions of employment include wages, hours of work, leave, retirement benefits, insurance benefits, and holidays.  If they attempt to do this, I can only imagine what further attempts will be made to chip away at the jobs our members do and the services we provide.”

“KOSE had hoped to discuss our members’ concerns with the State during meet and confer, with the objective of developing a program that could meet the State’s objectives while also ensuring employees, citizens, and KPERS were not negatively impacted,” said Carter.  “Disappointingly, the State clearly has the intent to ignore state workers in Kansas.”