AFSCME Council 3 Continues Fight for Emergency Pay Grievance

AFSCME Council 3’s emergency pay grievance continues to move ahead despite repeated efforts from the State of Maryland to stop our case from being heard. The State Assistant Attorney Generals representing the management team are working as hard as they can to slow down this case. First, they are making a most likely unsuccessful and unnecessary effort to get the Circuit Court of Anne Arundel County to dismiss the emergency pay grievance after already being overruled at the Office of Administrative Hearings.

Second, the State asked the Circuit Court to issue an order holding proceedings at OAH, while they ask the Circuit Court to dismiss the grievance. Third, they are further attempting to unnecessarily delay by claiming they need more information on and from the grievants. This claim holds very little water and is a transparent attempt to delay as this case has already been progressing for well over a year.   

AFSCME has proposed a regulated settlement conference with the state on this grievance with a court-appointed mediator. The mediator would be empowered to make sure the state engages in substantive settlement discussions aimed at resolving and not wasting more time. The state has decided that they do not want that but may participate in a less regulated settlement conference.  That will be one of the issues discussed with the judge on November 12th.

The settlement situation remains unchanged – we have made no settlement offers, formal or informal, to the state other than demanding a settlement conference. The state has made no settlement offers, formal or informal, to us other than to say they do not want to have a well-regulated settlement conference. We will update again after the 12th.

We know that the Governor has significant federal funding left and a large surplus this year. Our union will continue to pursue all our legal options to ensure the case moves forward. AFSCME and the lead grievants in your agency are the only reliable source of information about the grievance as the state continues to circulate false rumors. Don’t hesitate to reach out if you have any questions or need more information. We continue the fight for fair wage increases at the bargaining table and by building allies with our legislative and community partners.

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