Brief Memorandum in Support of Motion for Summary Judgment

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD

Region 18

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, MINNESOTA COUNCIL 5, LOCAL NO. 3558

and Case 18-CB-111451 HUMAN DEVELOPMENT CENTER, INC.

GENERAL COUNSEL’S BRIEF IN SUPPORT

OF MOTION FOR SUMMARY JUDGMENT

The charge in this case, as amended (Exhibits 1 (charge) and 2 (amended

charge)) alleges that American Federation of State, County and Municipal Employees,

AFL-CIO, Minnesota Council 5, Local No. 3558 (Respondent) 1) violated its duty of fair

representation by threatening to seek discharge of certain employees for failure to pay

union dues without informing them of the amounts they owed; 2) coerced employees

into authorizing payroll checkoff of union dues by threatening to seek their discharge for

not paying “$0.00;” and 3) attempted to cause Human Development Center, Inc. (the

Employer) to discharge employees for failure to pay union dues without first giving

employees adequate notice of their dues obligations. Based on the amended charge, a

Complaint issued on November 20, 2013 (Exhibit 3). General Counsel submits that the

pleadings in this matter, together with the exhibits, including Respondent's answer

(Exhibit 4) and amended answer (Exhibit 5), demonstrate that there are no issues of

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fact requiring a hearing to be held and that the case should be determined on the

pleadings and exhibits.

I. UNDISPUTED ALLEGATIONS OF THE COMPLAINT

Exhibits attached to the Motion for Summary Judgment establish the following

undisputed facts:

1. The charge and amended charge were filed and served. Exhibit 3, para. 1; Exhibit 4, para. 2.

2. The Employer is engaged in commerce within the meaning of the Act. Exhibit 3,

para. 2; Exhibit 5, para. 1. 3. Respondent is a labor organization within the meaning of Section 2(5) of the Act.

Exhibit 3, para. 3; Exhibit 4, para. 4. 4. At all material times, Eliot Seide held the position of Respondent’s Executive

Director and has been an agent of Respondent within the meaning of Section 2(13) of the Act. Exhibit 3, para. 4; Exhibit 4, para. 4.

5. The following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(a) of the Act:

All full-time and regular part-time employees, including professional employees, employed by the Employer at or out of the Employer’s facilities located in St. Louis, Carlton, Lake and Cook Counties, Minnesota; excluding guards and supervisors as defined in the National Labor Relations Act, as amended, physicians, clients and consumers employed for rehabilitation or similar therapeutic purposes, and all other employees.

Exhibit 3, para. 5; Exhibit 4, para. 4.

6. At all material times, Respondent and the Employer have maintained and

enforced collective-bargaining agreements covering wages, hours and other terms and conditions of employment of the employees in the Unit described above in paragraph 5, including union-security and dues checkoff provisions. Exhibit 3, para. 6; Exhibit 4, para. 4. Relevant portions of the collective bargaining agreement are attached, Exhibit 6.1

1 The 2010-2012 contract included an “evergreen” clause that precluded any legal “hiatus” between agreements, which is not contested in this case.

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7. At all material times, based on Section 9(a) of the Act, the Union has been the exclusive collective-bargaining representative of the Unit described above in paragraph 5. Exhibit 3, para. 6; Exhibit 4, para. 4.

II. FURTHER UNDISPUTED FACTS

Respondent denied paragraphs 7 and 8 of the Complaint, which allege that its

communications with employees and with the Employer did not adequately inform

employees of their dues obligations before threatening them with, or seeking, their

termination. On the other hand, Respondent filed a position statement in response to

the charge providing copies of its communications to the Employer and to employees

that it considered relevant to the charge allegations. Exhibit 7. These communications

establish the following:

8. On various dates between September 10, 2012, and May 2, 2013, Respondent, by its Executive Director Eliot Seide, sent letters to at least eleven employees informing them of their obligation under the union security clause and providing a chart from which monthly dues may be calculated, variably based on employees’ monthly wage. Besides the address, these letters are identical, and will be referred to herein as the “Introduction for Employees Letter.” Exhibit 8.2

9. On March 15, 2013, Respondent followed up the Introduction for Employees

Letter with letters explaining the union security obligation and stating that the named employees were “[c]urrently . . . in arrears for one (1) month’s fees in the amount of $0.00.” The letter also states that “if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.” The letter also states that payment must be made at Respondent’s office in South St. Paul, Minnesota, between 8 a.m. and 4:30 p.m. weekdays, or “[a]lternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card.” Exhibit 9. Besides the address, these letters are identical and will be referred to herein as the “Threat to Employees Letter.”

10. On March 15, 2013, Respondent sent a letter to the Employer notifying the

Employer that at least eight named employees (those who were also sent the Threat to Employees Letter on the same date) have failed to comply with their union security obligations and have been notified of their impending termination.

2 These letters included an explanation of employees’ rights to opt out of full membership and any obligation to pay a share of Respondent’s nonrepresentational expenses, which is not contested in this case.

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This letter also says that if the named employees fail to comply, Respondent will send the Employer a “final confirming letter to terminate the employee(s) immediately upon receipt.” Exhibit 10. This letter will be referred to herein as the “Notice to Employer Letter.”

11. On April 16, 2013, Respondent sent a letter to the Employer requesting that it

immediately terminate two named employees for failing to comply with their union security obligations. Exhibit 11. This letter will be referred to herein as the “Demand to Employer Letter.”

12. On April 16, May 16, and July 8, 2013, Respondent sent additional Threat to

Employees Letters to three additional employees of Respondent. Exhibit 8. 13. On April 16, May 16, and July 8, 2013, Respondent sent additional Notice to

Employer Letters to the Employer naming three additional employees as being behind in their union security obligations.

Respondent denied the legal conclusions alleged in paragraphs 9, 10, and 11 of

the Complaint. Instead, it claims in its answer that it provided employees with proper

notice and opportunity. In its position statement, Respondent has been forthcoming

with the communications it made to employees and the Employer – it merely disputes

their legal sufficiency. It is clear from the position statement that the dispute in this case

is not with facts relevant to notice and opportunity, but whether the communications

described above are, as a matter of law, sufficient to establish notice and opportunity.

This is an issue for which no hearing is required.

III. ARGUMENT

A. The Threat to Employee Letters Fail to Satisfy Respondent’s Duty of Fair Representation

Before seeking an employee’s discharge for not paying dues, a union has a duty,

as part of its duty of fair representation under Section 8(b)(1)(A) of the Act, to give

employees “‘reasonable notice of the delinquency, including a statement of the precise

amount and months for which dues are owed and of the method used to compute this

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amount.’” Laborers Local 578 (Shaw Constr.), 352 NLRB 1005, 1013 (2008), enfd. 594

F.3d 732 (10th Cir. 2010) (quoting Coopers NIU (Blue Grass), 299 NLRB 720, 723

(1990). Accord Monson Trucking, 324 NLRB 933, 934 (1997); California Saw and Knife

Works, 320 NLRB 224, 232 (1995).

All of the Threat to Employee Letters in this case threaten discharge if employees

fail to pay “$0.00” within 15 days. This is not a clear statement of the amount owed and

the months for which dues are owed. On the contrary, it is a clear statement that

nothing is owed.

The Board has long held . . . that “the extremity of the penalty against the employee for nonpayment of dues requires that it should not be sanctioned unless as a practical matter the Union has taken the necessary steps to make certain that a reasonable employee will not fail to meet his membership obligation through ignorance or inadvertence but will do so only as a matter of conscious choice.”

Monson Trucking, 324 NLRB at 934 (quoting Conductron Corp., 183 NLRB 419, 426

(1970)).

It is unlawful for a union to give an employee an unexplained sum total and leave

the employee to do the math based on previous statements of the general formula for

calculating dues and fees. Laborers International Union Of North America, Local Union

578 (Shaw Stone And Webster Construction, Inc.), 352 NLRB 1005, 1013 (2008). In

this case, Respondent didn’t even give the employees a sum total – it left them totally in

the dark as to their actual arrearage. See also California Saw and Knife Works, 320

NLRB 224, 305 (1995) (strict fiduciary duty violated when union miscalculates).

Respondent’s position statement says it wrote “0” because dues are a

percentage of salary, salary was subject to negotiation at the time, and therefore

Respondent couldn’t tell how much in arrears any one employee was at the time.

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Respondent cannot evade its duty of fair representation by adopting a method of

assessing dues that makes things difficult. If clear notice of the amount owed is

required by duty of fair representation, then Respondent will have to adopt a method

and formula for assessing dues that will enable it to make a clear calculation before it is

entitled to enforce union security. The fiduciary obligation is not interpreted for a union’s

convenience, but for protection of the employees’ jobs. Cf. Monson Trucking, 324

NLRB at 935, which rejected the union’s contention that it needed employees’ social

security numbers to accept dues because that was the “code” it used to log dues

payments.

Moreover, even if wages were subject to negotiation at the time, unless

Respondent wants to claim that the Employer was issuing blank IOU’s instead of

paychecks pending completion of the negotiations, the Employer was still paying a

certain wage. Therefore, not only is Respondent’s claim legally insufficient even if true,

it just can’t be true.

B. The Threat to Employees Letters Reasonably Tend to Coerce Employees into Authorizing Dues Checkoff

In Comau, Inc., 358 NLRB No. 73, slip op. at 4 (June 27, 2012) (footnotes

omitted), the Board summarized the general legal principles applicable to this issue in

an 8(a)(1) case:

An employer may not lead employees to believe that the dues-checkoff authorization method of fulfilling financial obligations to their union is compulsory. Rochester Mfg. Co., 323 NLRB 260 (1997). The Board has repeatedly held that “the Act guarantees to each employee the right to determine for himself, free from coercion, whether he shall sign a checkoff authorization or not.” Herman Bros., Inc., 264 NLRB 439, 442 (1982). “Any conduct, express or implied, which coerces an employee in his attempt to exercise this right clearly violates [the Act].” Electronic

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Workers IUE Local 601 (Westinghouse Electric Corp.), 180 NLRB 1062 (1970). The same principle applies to unions, as established in Comau itself, in which the

Board found the employer and union both liable for a supervisor’s coercive statements

to an employee made in a union agent’s presence. No express threat of adverse

consequences was required – besides calling the employee to the human resources

manager’s office for an interrogation into the employee’s reluctance to sign checkoff, the

main statement found coercive in Comau was the manager’s response to the

employee’s offer to pay in cash – the manager “didn’t want [union] officials running

around once a month collecting 20 bucks from everyone.” Id.

The test of coercion is what a reasonable employee would think. See, e.g.,

Graphic Communications Conference/International Brotherhood Of Teamsters, Local

137c (Offset Paperback Mfrs., Inc.), 359 NLRB No. 22, slip op. at 7 (Nov. 27, 2012).

The first thing a reasonable employee would think after reading the Threat to

Employees letter is, “Everything is fine, I owe $0.00.” That’s what makes the letter a

breach of Respondent’s duty of fair representation. The next thing a reasonable

employee would think is, “This still says they are going to try to get me fired in fifteen

days if I don’t do something.” And what choices for action are offered? Either 1) “If you

choose to make payments directly to the Union, . . . you must [emphasis added] make

such payments by paying in cash, check or money order at the South St. Paul office

located at 300 South Hardman Avenue. The office will receive payments Monday-

Friday between the hours of 8:00 a.m. and 4:30 p.m.”; or 2) “Alternatively for your

convenience you can return the enclosed Authorization for Payroll Deduction card,

which permits [the Employer] to deduct the funds from your paycheck.”

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This choice coerces employees into authorizing checkoff in two ways. First, the

only alternative literally offered to checkoff is for employees to appear in person with

cash or check at Respondent’s office in South St. Paul, Minnesota during weekday

“banker’s hours.” The Employer is located in Duluth, Minnesota, 150 miles away, and

presumably all or most employees live within commuting distance of Duluth, not South

St. Paul. Counsel for the General Counsel urges the Board to find this choice coercive

absent some evidence or argument why mailing a check should not be sufficient. Cf.

Zurn Nepco, 316 NLRB 811, 818-819 (1995) (employer that offered no alternative to

signing checkoff forms unintentionally but unlawfully coerced checkoff).

Second, the demand for “$0.00” also makes this choice coercive independent of

the travel issue. Respondent claims it can’t tell employees in advance how much they

owe. A reasonable employee faced with this discharge threat would be likely to

conclude that signing checkoff is the only thing the employee can do to head off the

discharge threat, and just let the Employer’s accountants determine the final bill. Under

the reasoning of Comau and Zurn Nepco, Respondent’s demand is coercive within the

meaning of Section 8(b)(1)(A) of the Act.

C. The Demand to Employer Letters Violate Section 8(b)(2)

If Respondent’s Threat to Employees Letters are either a violation of the duty of

fair representation or coercive in violation of Section 8(b)(1)(A), then the Demand letters

sent to the Employer on April 16 are 8(b)(2) violations. See L.D. Kichler Co., 335 NLRB

1427, 1431-1432 (2001) (by not informing employee of precise amount of dues owed,

union “failed to lay the necessary groundwork for a lawful demand for discharge”);

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Hospital del Maestro, 323 NLRB 93, 94 (1997) (8(b)(2) violation based on coerced

checkoff and failure to inform employee of dues owed).

IV. CONCLUSION

Based on the foregoing, Respondent has violated Section 8(a)(1)(A) and (2) as

alleged in the Complaint. Therefore, General Counsel respectfully requests that the

Board enter an appropriate remedial order, including requiring Respondent to cease

and desist from threatening to seek employees’ termination without giving them lawful

notice of their dues obligations; to cease and desist from coercing employees into

authorizing payroll checkoff for dues payments; and to cease and desist from

demanding that the Employer terminate employees for not paying dues without fully

explaining employees’ legal obligations and without giving them an uncoerced choice of

payment method; and affirmatively to withdraw any termination demands made of this

Employer since March 1, 2013 and notify employees that it has done so.

Dated at Minneapolis, Minnesota, this 27th day of December, 2013

Respectfully submitted,

________________________________________ Joseph Bornong, Counsel for the General Counsel National Labor Relations Board Region 18 330 South Second Avenue Suite 790 Minneapolis, MN 55401

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Table of Exhibits 1. Charge filed in Case No. 18-CB-111451 on August 19, 2013 2. Amended Charge filed in Case No. 18-CB-111451 on November 6, 2013 3. Complaint in Case No. 18-CB-111451 issued on November 20, 2013 4. Answer in Case No. 18-CB-111451 filed on December 3, 2013 5. Amended Answer in Case No. 18-CB-111451 filed on December 11, 2013 6. Collective Bargaining Agreement 7. Respondent’s Position Statement filed on September 27, 2013 8. Introduction for Employees Letter 9. Threat to Employees Letter 10. Notice to Employer letter 11. Demand to Employer letter

EXHIBIT 1

INTERNET FORM EXEMPT UNDER 44 U Sc 3512

FORM NLRB-508 UNITED STATES OF AMERICA DO NOT WRITE IN THIS SPACE (2-08) NATIONAL LABOR RELATIONS BOARD

Case Date Filed CHARGE AGAINST LABOR ORGANIZATION

OR ITS AGENTS

INSTRUCTIONS. File an original with NLRB Regional Director for the region in which the alleged unfair labor practice occurred or is occurring.

1. LABOR ORGANIZATION OR ITS AGENTS AGAINST WHICH CHARGE IS BROUGHT

a. Name

American Federation of State, County and Municipal Employees, AFL-CIO, Minnesota Council 5, Local No. 3558

b. Union Representative to contact

Ken Loeffler-Kemp

c. Address (Street, city, state, and ZIP code)

211 West Second Street Duluth, rvini 55802

d Tel. No 218-722-0577

e Cell No

218-726-9606 f Fax No.

218-722-6802

g. e-Mail [email protected]

ro

h. The above-named organization(s) or its agents has (have) engaged in and is (are)engaging in unfair labor practices within the meaning of section 8(b), subsection(s) (list subsections) 2 of the National Labor Relations Act, and these unfair labor practices are unfair practices affecting commerce within the meaning of the Act, or these unfair labor practices are unfair practices affecting commerce within the meaning of the Act and the Postal Reorganization Act.

2 Basis of the Charge (set forth a clear and concise statement of the facts constituting the alleged unfair labor practices)

On six occasions, commencing on 03/15/2013, and as recently as 07/17/2013, the labor organization has requested in writing that the employer terminate a number of newer unit employees for non-payment of dues or service fees. Some hadn't been employed long enough to reach a pay period, and some in fact had begun paying. More importantly, the labor organization has tolerated for months and years the non-payment of dues and service fees by many other unit employees. In response to the first termination request letter, the employer, on April 5, 2013, asked the labor organization to provide evidence that the employees were in fact delinquent and had been given fair warning. The labor organization never responded but instead continued to send termination requests.

The employer charges that the labor organization, in violation of Section 8(b)(2), has attempted to cause the employer to discriminate against employees in violation of Section 8(a)(3) on some ground other than the failure of the employees to tender periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership.

3. Name of Employer

Human Development Center 218-730-2351

4a. Tel No b Cell No

c Fax No

218-730-2363

d. e-Mail [email protected]

5. Location of plant involved (street, city, state and ZIP code)

1401 East Superior Street Duluth, MN 55805

6 Employer representative to contact

Didi Jezierski, HR Manager

7. Type of establishment (factory, mine, wholesaler, etc)

community mental health clinic

8. Identify principal product or service

mental health services

9 Number of workers employed

approx. 280

10. Full name of party filing charge

Human Development Center, 11a. Tel. No.

as above b. Cell No

a Minnesota nonprofit corporation C. Fax No. d. e-Mail

11. Address of party filing charge (street. city, state and ZIP code) as above as above as above

12. DECLARATION I declare that I have read the above charge and that the statements therein are true to the best of my knowledge and belief

_ By 0 t_<_____I- Didi Jezierski, HR Manager

Tel. No. as above

Cell No.

s u of represent ye or person ffigking charge) (PrinVtype name and title or office, if any)

Address as above (date) 8/0/2013

Fax No. as above

e-Mail as above

WILLFUL FALSE STATEMENTS ON THIS CHARGE CAN BE PUNISHED BY FINE AND IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001)

PRIVACY ACT STATEMENT Solicitation of the information on this form is authorized by the National Labor Relations Act (NLRA), 29 U S.C. § 151 et seq. The pnncipal use of the information is to assist the National Labor Relations Board (NLRB) in processing unfair labor practice and related proceedings or litigation The routine uses for the information are fully set forth in the Federal Register, 71 Fed Reg 74942-43 (Dec. 13, 2006). The NLRB will further explain these uses upon request. Disclosure of this information to the NLRB is voluntary, however, failure to supply the information will cause the NLRB to decline to invoke its processes

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18-CB-111451

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August 19, 2013

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EXHIBIT 2

No 7633 P 3

FoRm exEmPT UNDER .4 u 5 G 351a

DO NOT WRITE IN THIS SPACE

Case

18-CB-111451

1 Date Filed

2 Basis of the Charge (set forth e clear and concise statement of the facts constituting the alleged unfair labor practices)

On various occasions since March 15. 2013, the Union violated its duty of fair representation by threatening to seek

discharge of certain employees for failing to pay union dues without informing them of the amounts they owed.

INS TRUCTfONS: File en original with NLRB Regional Director for the regron in which the alleged unfair labor practice occurred or rs occurring. • • • •

1 LABOR ORGANIZATION OR ITS AGENTS AGAINST WHICH CHARGE IS BROUGHT

a Name

American Federation of State, County and Municipal Employees. AFL-CIO,

Minnesota Council 5, Local No 3558

b Union Representative lo contact

Ken Loeffler-Kemp

c Address (Street, city, state, and ZIP robe)

211 West Second Street

d Tel No 218-722-0577

e. Cali No

218-726-9606

Duluth MN 55802 f Fat No g e•Mail

ken Ioefflerkemp@afsomemn a

_JO

[h The above•named organization(s) or its agents has (have) engaged in and is (are)engaging in unfair labor practices within the meaning of section 8(b)

subsection(s) Psi subsections) (1)(A) and (2) of the National Labor Relations Att, and these unfair labor practices are unfair practices affecting commerce within the Meaning of the Act, or these unfair labor practices are unfair practices affecting commerce within the meaning of the Act and the Postal RearqanIzation Act

218-722-5802

5 Location of plant involved (street, city, stare arid ZIP cove)

1401 East First Street

Duluth MN 55805

6 Employer representative to contact

Did! JeZterS1(1, HR Manager

as above 11 Address of party filing charge (street. city, stare and DP cella

as above

4a Tel No

218-730-2351 c Fax No

218-730-2353

b Cell No

d e•Meil kit tetterski@hdchre Gag

3 Name of Employer

Human Development Center

7 Type of establishment (factory, mine, wholesaler, etc j

8 Identify onncipel product or service

Community mental health clinic

Mental health services

10 Full name of party filing charge

ha Tel No

Human Development Center. a Minnesota nonprofit corporation

as above c Fax No d e•Man

as above

9 Number of workers employed

approx 280

b Cell No

I A I

7erson akin c arge) (Pnntrlype name and tide or office, if any)

DOI Jezierski, HR Manager

Nov. 6. 2013 3:252M JOHNSON KILLEN & SEILER

INTERNET FORM NLRB-SOS UNITED STATES OF AMERICA

(2-08) NATIONAL LABOR RELATIONS BOARD

AMIE IStnErf CHARGE AGAINST LABOR ORGANIZATION OR ITS AGENTS

On various occasions since March 15, 2013, the Union coerced employees into authorizing payroll check-off of Union dues

by threatening to seek their discharge for not paying 10 00

On various occasions since March 15, 2013, the Union attempted to cause the Employer to discharge employees for

nonpayment of union dues without first giving the employees adequate notice of their dues obligations

I declare el I have read the

By (signa we o repres

12. DECLARATION ye charge end that ill statements thereto are true to the best of my knowledge ant belief

Tel No as above

Cell No

Fax No as above

e•Mail as above

14.13 Address as above (ONO -

WILLFUL FALSE STATEMENTS ON THIS CHARGE CAN BE PUNISHED BY FINE AND IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001)

PRIVACY ACT STATEMENT Solicitation of the information on this form is authorized by the Nahum! labor Retahons Aci (NLRA). 29 US C § 151 el see The pnncipal use of the information is to assIsl he National Labor Relation9 Board (NLRB) in processing unfas lobo, peace and related proceedings or litigation The routine uses for the inlormetron are folly set forth in the Federal Register, 71 Fed Reg 7d942-43 (Dec 13, 2005) The NURB will further explain these uses upon request Disclosure of the intonation to the NLRB is voluntary, however, failure to supply the intorrnauon will cause the NLR8 to deckle lo invoke de processes

NOV-06-2013 15:20 2187223031 96% P.03

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November 6, 2013

EXHIBIT 3


Region 18


and Case 18-CB-111451 HUMAN DEVELOPMENT CENTER, INC.

COMPLAINT

This Complaint is based on a charge filed by Human Development Center,

hereinafter referred to by its correct legal name, Human Development Center, Inc. (the

Employer). It is issued pursuant to Section 10(b) of the National Labor Relations Act,

29 U.S.C. § 151 et seq. (the Act), and Section 102.15 of the Rules and Regulations of

the National Labor Relations Board (the Board), and alleges that American Federation

of State, County and Municipal Employees, AFL-CIO, Minnesota Council 5, Local No.

3558 (Respondent) has violated the Act as described below:

1.(a) The charge in this proceeding was filed by the Employer on August 19, 2013,

and a copy was served by regular mail on Respondent on about that same date.

(b) The amended charge in this proceeding was filed by the Employer on

November 6, 2013, and a copy was served by regular mail on Respondent on about that

same date.

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2.(a) At all material times, the Employer has been a Minnesota corporation with

its principal office and place of business in Duluth, Minnesota, and has operated medical

clinics providing mental health care and services.

(b) In conducting its operations described above in subparagraph (a) during the

past calendar year, the Employer provided services valued in excess of $50,000 directly

to customers located outside the State of Minnesota.

(c) In conducting its operations described above in subparagraph (a) during the

past calendar year, Respondent purchased and received at its facilities located within

the State of Minnesota goods and supplies valued in excess of $5,000 directly from

suppliers located outside the State of Minnesota.

(d) In conducting its operations described above in subparagraph (a) during the

past calendar year, the Employer earned gross revenues in excess of $250,000.

(e) At all material times, the Employer has been engaged in commerce within

the meaning of Section 2(2), (6), and (7) of the Act, and has been a health care

institution within the meaning of Section 2(14) of the Act.

3. At all material times, Respondent has been a labor organization within the

meaning of Section 2(5) of the Act.

4. At all material times, Eliot Seide held the position of Respondent’s Executive

Director and has been an agent of Respondent within the meaning of Section 2(13) of

the Act.

5. At all material times, by virtue of Section 9(a) of the Act, Respondent has

been the exclusive collective-bargaining representative of the following employees of

the Employer, herein called the Unit:

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All full-time and regular part-time employees, including professional employees, employed by the Employer at or out of the Employer’s facilities located in St. Louis, Carlton, Lake and Cook Counties, Minnesota; excluding guards and supervisors as defined in the National Labor Relations Act, as amended, physicians, clients and consumers employed for rehabilitation or similar therapeutic purposes, and all other employees.

6. At all material times, Respondent and the Employer have maintained and

enforced collective-bargaining agreements covering wages, hours and other terms and

conditions of employment of the employees in the Unit described above in paragraph 5,

including union-security and dues check-off provisions.

7.(a) By letters dated March 15, April 16, May 16, and July 8, 2013, Respondent

threatened to seek the discharge of employees’ employment with the Employer for

failure to pay union dues without giving those employees a statement of the amount

owed or a reasonable opportunity to pay.

(b) In the letters described above in subparagraph (a), Respondent coerced or

attempted to coerce employees of the Employer into signing dues check-off

authorization forms.

8. By letters dated March 15, April 16, May 16, and July 8, 2013, Respondent

requested that the Employer discharge several employees for failure to pay union dues

without first having given those employees a statement of the amount owed or a

reasonable opportunity to pay.

9. By the conduct described above in paragraphs 7 and 8, Respondent has been

restraining and coercing employees in the exercise of their rights guaranteed in Section

7 of the Act, in violation of Section 8(b)(1)(A) of the Act.

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10. By the conduct described above in paragraph 8, Respondent has been

attempting to cause an employer to discriminate against its employees in violation of

Section 8(a)(3) of the Act, in violation of Section 8(b)(2) of the Act.

11. The unfair labor practices of Respondent described above affect commerce

within the meaning of Section 2(6) and (7) of the Act.

ANSWER REQUIREMENT

Respondent is notified that, pursuant to Sections 102.20 and 102.21 of the

Board’s Rules and Regulations, it must file an answer to the complaint. The answer

must be received by this office on or before December 4, 2013, or postmarked on

or before December 3, 2013. Respondent should file an original and four copies of the

answer with this office and serve a copy of the answer on each of the other parties.

An answer may also be filed electronically through the Agency’s website. To file

electronically, go to www.nlrb.gov, click on File Case Documents, enter the NLRB

Case Number, and follow the detailed instructions. The responsibility for the receipt and

usability of the answer rests exclusively upon the sender. Unless notification on the

Agency’s website informs users that the Agency’s E-Filing system is officially

determined to be in technical failure because it is unable to receive documents for a

continuous period of more than 2 hours after 12:00 noon (Eastern Time) on the due

date for filing, a failure to timely file the answer will not be excused on the basis that the

transmission could not be accomplished because the Agency’s website was off-line or

unavailable for some other reason. The Board’s Rules and Regulations require that an

answer be signed by counsel or non-attorney representative for represented parties or

by the party if not represented. See Section 102.21. If the answer being filed

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electronically is a pdf document containing the required signature, no paper copies of

the answer need to be transmitted to the Regional Office. However, if the electronic

version of an answer to a complaint is not a pdf file containing the required signature,

then the E-filing rules require that such answer containing the required signature

continue to be submitted to the Regional Office by traditional means within three (3)

business days after the date of electronic filing. Service of the answer on each of the

other parties must still be accomplished by means allowed under the Board’s Rules and

Regulations. The answer may not be filed by facsimile transmission. If no answer is

filed, or if an answer is filed untimely, the Board may find, pursuant to a Motion for

Default Judgment, that the allegations in the complaint are true.

Dated at Minneapolis, Minnesota, this 20th day of November, 2013

___ /s/ Marlin O. Osthus________________ Marlin Osthus, Regional Director National Labor Relations Board Region 18 330 South Second Avenue Suite 790 Minneapolis, MN 55401

EXHIBIT 4


Region 18


and

Case 18-CB-111451

HUMAN DEVELOPMENT CENTER, INC.

ANSWER

Respondent, for its Answer to the Agency's Complaint, states and alleges as follows:

1. Denies everything contained in the Agency's Complaint except as is affirmatively admitted, qualified, or otherwise explained in this Answer.

2. Respondent admits to the information set forth in Paragraph 1 of the Agency's Complaint.

3. Respondent lacks sufficient information and knowledge to admit or deny the allegations set forth in Paragraph 2 of the Agency's Complaint.

4. Respondent admits to the information set forth in Paragraphs 3 through 6 of the Agency's Complaint.

Allegations

5. Respondent denies the characterizations, things and matters alleged in Paragraph 7 of the Agency's Complaint. Respondent provided employees with both proper notice and opportunity.

6. Respondent denies the characterizations, things and matters alleged in Paragraph 8 of the Agency's Complaint. Respondent requested discharge after providing employees with both proper notice and opportunity.

7. Having denied the alleged conduct in Paragraphs 7 and 8 of the Agency's

Complaint, Respondent denies the characterizations, things and matters alleged in Paragraphs 9 and 10 of the Agency's Complaint.

8. Respondent denies committing the unfair labor practices referenced in Paragraph 11.

Affirmative Defenses

Pending further discovery and in order to protect and preserve the rights of Respondent, the following affirmative defenses are stated:

9. Respondent asserts no affirmative defenses at this time.

WHEREFORE, Respondent respectfully requests Judgment against the Agency:

a. Dismissing the case on the merits with prejudice;

b. Awarding Respondent any other relief deemed just and appropriate.

-

, 2013 GREGG M. CORW ASSOCIATE Dated: OFFICE, P.

1/M4 Gregg orwin, #19033 508 East Parkdale Plaza Building 1660 South Highway 100 St. Louis Park, MN 55416 Phone: (952) 544-7774 Fax: (952) 544-7151

2

EXHIBIT 5

EXHIBIT 6

EXHIBIT 7

EXHIBIT 8

Minnesota Council 5

American

Federation EGE2330.

Municipal

Employees

County

F44,44441,4

211 West 2nd street Duluth, MN 55802

(218) 722-0577

fax (2 I 8) 722-6802

300 Hardman Avenue S. South St. Paul, MN 55075 (651) 450-4990

(651) 455-1311 fax

www.afsanemmorg

DATE: September 10, 2012

L3558 TO: RICHARD YOUNG

1001 30TH ST CLOQUET MN 55720-2823

FROM: Mike Buesing, President Eliot Seide, Executive Director Minnesota AFSCME Council 5, AFL-CIO Minnesota ARSCME Council 5, AFL-CIO

RE: UNION DUES/FEES

AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working conditions and welfare of our members.

It is a condition of employment that all employees of HDC covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by HDC within 30 days after receipt of written notice from the Union.

As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included.

Effective January 1, 2012 to December 31, 2012 your local union dues will be:

MONTHLY dues will be as follows:

FT Membership Dues

>=3,000.01 /MO 51.80

>=2,500 01 /MO 47.06

>=2,000,01 /MO 5 42.72

>=1,500.01 /MO S 37.60

>=1,000.01 /MO 32.74

>=500.01 /MO 28.28

<=500.00 / MO 14.24

Union deductions will not begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of 71.71% of member dues. This percentage will be in effect during the period January 01, 2012 through December 31, 2012, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change.

Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership.

Alone, workers 'are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.

www.afscmemmorg

American

Federation ' ea15:=1) County

and

Municipal

Employees

Meladv)

300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-4990 (651) 155-1311 fax

21 I West 2nd street Duluth, MN 55802

(218) 722-0577 fax (218) 722-6802


L3558 TO: GEORGENE TISDELL

56 E 2ND ST SUPERIOR WI 54880-3021

FROM: Mike Buesing, President Eliot Seide, Executive Director Minnesota AFSCME Council 5, AFL-CIO Minnesota AFSCME Council 5, AFL-CIO

RE: UNION DUES/FEES

AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals arc those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working conditions and welfare of our members.

It is a condition of employment that all employees of HDC covered 'by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by I-DC within 30 days after receipt of written notice from the Union.




FT Membership Dues

>=3,000.01 /MO 51.80

>=2,500.01 /MO 47.06

>=2,000.01 /MO 42.72

>=1,500.01/ MO 37.60

>=1,000.01 /MO 32.74

>=500.01 / MO 28.28

<=500.00/ MO 14.24


Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. If you prefer to be an agency lee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership.

Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.

Minnesota Count/15

American

c0 E3203:30

Municipal

Employees

Federation County

and

tdh4,44401,4 wiza.

211 West 2nd Street

Duluth, MN 55802 (218) 722-0577

fax (218) 722-6802

300 Hardman Avenue S. South St. Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax

www.afscmemmorg


L3558 TO: TAUSI-11A BROOKS

1917 LONDON RD DULUTH MN 55812-2039


RE: UNION DUES/FEES

AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunitylo join with us in working to improve the working conditions and welfare of our members.

It is a condition of employment that all employees of HDC covered by the Agreement with the Union must tender their membei ship dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by HDC within 30 days after receipt of written notice from the Union.




FT Membelship Dues

>=3,000 01 /MO 51.80

>=2,500.01 /MO 47.06

>=2,000 01/M0 S 42.72

>=1,500.01 /MO 37.60

>=1,000.01 /MO S 32.74

>=500 01 /MO 28.28

<=500.00 /MO 14.24

Union deductions will not begin until you have completed your 31 day probationary period, Agency fee payer fees will be assessed at the rate of 71.71% of member dues. This percentage will be in effect during the period January 01, 2012 through December 31, 2012, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change.

Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union offiems. If you choose to be an agency fee payer, you will miss those opportunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership.


www.afscmemn.org

Federation

132e320

Municipal

Employees American

County

*44,441

tvg44.044.4.

4,1401i

211 West 2nd 6tree1 Duluth, MN 55802

(218) 722-0577 fax (218) 722-6802

3001-larclrnan Avenue S. South St. Paul, MN 55075 (651) 450-4990 (651)455-13!1 fax

WAKIMP,-...100...11PRM04,....4^5 .1•01s*enz

DATE: October 03, 2012

L3558

TO: ANN1KA JO BROWN

4106 E 3RD ST SUPERIOR WI 54880-4219


RE: UNION DUES/FEES

AFSCME Council 5 would like to welcome you to employment Ma position covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working conditions and welfare of ow' members.



Effective January 1, 2012 to December 31,2012 your local union dues will be:


FT Membership Dues

>=3,000.0I /MO 51,80

>=2,500.0l IMO 47.06

>=2,000.01 /MO 42.72

>=1,500,0 I /MO 37.60

>=1,000.0 I /MO 32.74

>=500 / MO 28.28

<=500.00 /MO $ 14.24

Union deductions will not, begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of 71.71% of member dues. This percentage will be in &net during the period January 01, 2012 through December 31, 2012, when a new percentage will be calculated and plated into effect. As dues rateS change, your agency fee payer fee may change.

Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers, If you choose to be an agency fce payer, you will miss those opportunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership.

Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is Stronger Mail the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.

www.afscinemn.org

American

Federation cOMea%

Employees

County

and

Municipal

211 West 2nd Street

Duluth, MN 55802 (218) 722-0577

fax (218) 722-6802

300 Hardman Avenue S. South St. Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax

DATE: October 03, 2012

L3558

TO: DAWN MAGNUSON

1913 LONDON RD STE 2

DULUTH MN 55812-2084

FROM: Mike I3uesing, President Eliot Seide, Executive Director

Minnesota AFSCME Council 5, AFL-C10 Minnesota AFSCME Council 5, AFL-CIO

RE: UNION DUES/FEES

AFSCME Council 5 would like to welcome you to employment in a position covered by the union. The union's goals are those

which are established by our members. We hope that you will take this opportunity to join with us in working to improve the

working conditions and welfare of our members.

It is a condition of employment that all employees of HDC covered by the Agreement with the Union must tender their

membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to

voluntarily end their employment and will be discharged by IIDC within 30 days after receipt of written notice from the Union.

As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been included,


MONTHLY clues will be as follows:

FT Membership Dues

>=3,000.01 IMO 51 80

>=2,500.01 /MO 47.06

>=2,000.01 /MO 42 72

>=1,500.01 /MO 37.60

>=1,000.01 /MO 32.74

>=500 01 /MO 28 28

<=500 00/M0 14 24

Union deductions will not begin until you have completed your 31 day probational), period. Agency fee payer fees will be

assessed at the rate of 71.71% of member dues. This percentage will be in effect during the period January 01, 2012 through

December 31, 2012, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee

payer fee may change._

Only union members have the right to attend local union meetings, offer input, vote on contraeLs, run for union office, and elect

union officers. If you choose to be an agency fee payer, you will miss those opportunities. It' you prefer to be an agency fee

payer (non-member), please send a request to the address at the top of this letter, Attn: Membei ship.

Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the

bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work, We

hope you choose to join and become an active member of ow powerful union.

Minnesota Council5

03020T:1D County

and

Municipal

Employees American

Federation

1.1 .44.4seta4 4/444e

211 West 2nd .::itreet

Duluth, MN 55802 (218) 722-0577

fax (218) 722-6802


www.afscmemn.org ,Atee, -nn, ,mempoh Inammee,I.

DATE: January 25, 2013

L3558

TO: BRACKIN IvIIGGINS

7926 SALO RD SAGINAW MN 55779-8045

FROM: Judy Wahlberg, President Minnesota AFSCME Council 5, AFL-CIO

RE: UNION DUES/FEES

Eliot Seide, Executive Dilector Minnesota AFSCME Council 5, AFL-CIO


It is a condition of employment that all employees of HDC coveted by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by "HDC within 30 days after receipt of written notice from the Union.



MONTHLY dues will be as fbllows:

FT Membership Dues

>$3000.01/M0 52.10

>=$2500.01/MO 47.36

>=2000/MO 43 02

>---.1500,01/M0 37.90

>=1000.01/M0 33.04

>=500.01/MO 28.58

<500/M0 14.54


Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you ehoose to be an agency fee payer, you will miss those opportunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership.

Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the. bosses who threaten our pensions, our health care, and even our jribs as they by to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.

a on Fede and County GO Efsackra) Municipal nG532503aD Employees 0,44,141 144.4.44444

300 Hardman Avenue S.

South St Paul, MN 55075 (651) 450-4990

(651) 455-1311 fax

_ lorwvfscnietrimorg

21 I West 2nd :itreet

Duluth, MN 55802 (218) 722-0577

fax (218) 722-6802

AFSCME Minnesota CountilS

DATE: January 25, 2013

L3558 TO: MATTHEW ZEMLER

2205W 10TH ST DULUTH MN 55806-1234

FROM: Judy Wahlberg, President Eliot Seide, Executive Director Minnesota AFSCME Council 5, AFL-CIO Minnesota AFSCME Council 5, AFL-CIO

RE: UNION DUES/FEES


It is a condition of employment that all employees of HDC covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shalt be electing to voluntarily end their employment and will be discharged by HDC within 30 days alter receipt of written notice from the Union.

As a convenience to you an Authorization for Payroll Deduction of Member Dues form has been - included.



FT Membership Dues

>$3000.01/M0 52.10

>=$2500.01/M0 47.36

>=2000/M0 43.02

>=1500,01/M0 $ 37.90

>=1000.01/M0 33,04

>=500 01/M0 28.58

<500/M0 8 14.54

Union deductions will not begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of' 73:27% of member dues. This percentage will be in effect during the period January 01, 2013 through December 31, 2013, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fcc may change.

Only union members have the right to attend local union meetings, offer input, vote on contracts,.run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those oppoitunities. If you prefer to be an agency fee payer (non-member), please send a request to the address at the-top of this letter, Attn: Membership.


Minnesota Council 5

American

Federation C32e(IGb

and

Municipal

County

Employees

H4,444014

300 Hardman Avenue S. South St Paul, MN 55075 (65 I ) 450-4990 (651) 455-1311 fax

211 West 2nd Street Duluth, MN 55802

(2 I 8) 722-0577 fax (218) 722-6802

www.afsatiemmorg

DATE: February 20, 2013

L3558

TO: MANDY JOHNSON

674 ABLE1TER RD WRENSHALL MN 55797-9108

FROM: Judy Wahlbcrg, President Eliot Seide, Executive Director Minnesota AFSCME Council 5, AFL-00 Minnesota AFSCME Council 5, AFL-CIO

RE: UNION DUES/FEES




Effective January 1,2013 to December 31, 2013 your local union dues will be:


>$3000 01/M0

>42500.01/MO

FT Membership Dues

52.10

47 36

>=2000/M0 8 43 02

>=1500,01/MO 37 90

>=1000.01/M0 33 04

>=500,01/M0 8 28 58

<500/M0 8 4 54

Union deductions will not begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of 73.27% of member dues, This percentage will be in effect during the period January 01, 2013 through December 31, 201,3, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change.


Alone, workers are like fingers poking at had bosses. United, we fuse our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work, We hope you choose to join and become an active member of our powerful union.

Mhinvota Co ail 5

211 West 2rd z;treet

Duluth, MN 55802 (218) 722-0577

fax (218) 722-6802

County Municipal Emplo ees

vacem .1 fl American Federa


,WWW.afcernernri•Org

DATE: March 05, 2013

L3558 TO: NANCIANNE WITT

PO BOX 162 12405 E COUNTY ROAD 11 LAKE NEBAGAMON WI 54849

FROM: Judy Wahlberg, President Eliot Scidc, Executive Director Minnesota AFSCME Council 5, AFL-CIO Minnesota AFSCME Council 5, AFL-CIO

RE: UNION DUES/FEES


It is a condition of employment that all employees of UDC covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by HDC within 30 days after receipt of written notice from the Union.




FT Membership Dues

>$3000.01/M0 52 10

>42500.01/MO 47.36

>=2000/M0 5 43.02

>=1500 01/M0 5 37.90

>=1000.01/M0 33.04

>=500.01/M0 28 58

<500/M0 14 54




American

Federation 23eWo County

and Municipal Employees

(pag

q=a

44.44444 Vitaa


South St Paul, MN 55075 (651) 450-4990 (651) 455-1311 fax

A CME

Minnesota Council

www.afsonemmorg

211 West 2nd street Duluth, MN 55802

(218) 722-0577 fax (218) 722-6802

DATE: April 17, 2013

L3558 TO: ERIC CARLSON

1817 E 3RD ST STE 2 DULUTH MN 55812-1776

FROM: Judy Wahlberg, President Eliot Seidc, Executive Director Minnesota AFSCME Council 5, AFL-CIO Minnesota AFSCME Council 5, AFL-CIO

RE UNION DUES/FEES


It is a condition of employment that all employees of IIDC covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. Employees who fail to comply with the requirement shall be electing to voluntarily end their employment and will be discharged by I-IDC within 30 days after receipt of written notice from the Union.




FT Membership Dues

>$3000.01/M0 52.10

>=$2500.01/M0 47,36

>=2000/M0 43.02

>=1500.01/M0 37.90

>=1000.01/M0 1 33 04

>=500.01/M0 28 58

<500/M0 14.54

Union deductions will not begin until you have completed your 31 day probationary period. Agency fee payer fees will be assessed at the rate of 73.27% of member dues, This percentage will be in effect during the period January 01, 2013 through December 31, 2013, when a new percentage will be calculated and placed into effect. As dues rates change, your agency fee payer fee may change.


Alone, workers are like fingers poking at bad bosses. United, we fuse our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our jobs as they try to slash budgets and privatize our work, We hope you choose to join and become an active member of our powerful union.

w w.atscmemn.or2

DATE: May 02, 2013

300 Hardman Avenue S. South St. Paul, MN 55075 (651) 450A990 (651) 455-1311 fax

211 West 2nd Street

Duluth, MN 55802 (218) 722-0577

fax (2 I 8) 722-6802

L3558

TO: HEATHER BEAM 4351 W TISCHER RD DULUTH MN 55803-9404

FROM: Judy Wahlberg, President Eliot Seide, Executive Director Minnesota AFSCME Council 5, AFL-C10 Minnesota AFSCME Council 5, AFL-C10

RE: UNION DUES/FEES

AFSCME Council 5 would like to wercome'you to employment in a pOsition covered by the union. The union's goals are those which are established by our members. We hope that you will take this opportunity to join with us in working to improve the working cOnditions and welfare of our members.





FT Membership Dues

>$3000.01/M0 52 10

>42500.01/M0 47.36 >=2000/MO 43.02

>=1500.01/M0 37 90 >=1000.01/M0 33.04 >=500.01/M0 28.58 <500/M0 14.54


Only union members have the right to attend local union meetings,, offer input, vote 011 contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities. If you meter to be an agency fee payer (non-member), please send a request to the address at the top of this letter, Attn: Membership.

Alone, workers are like fingers poking at bad bosses. United, we fuSe our fingers into a mighty fist that is stronger than the bosses who threaten our pensions, our health care, and even our „jobs as they try to slash budgets and privatize our work. We hope you choose to join and become an active member of our powerful union.

EXHIBIT 9

211 West 2nd Street

Duluth, MN 55802

(218) 722-0577

fax (218) 722-6802


Soulh St Paul, MN 55075 (651) 450-4990

(651) 455-1311 fax

www.afscmemnoorg

March 15, 2013

Local 3558-HDCDU Richard Young 1001 30th St Cloquet, MN 55720-2823

ATTN: Hdc Employee

RE: Termination letter for non-payment of Member Dues/Agency Fee Payer Fees

A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by 1-Idc within 30 days after receipt of written notice to Hdc from the Union.

Currently you are in arrears for one (1) month's fees in the amount of $0.00.

Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment. Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter.

Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.

Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers. If you choose to be an agency fee payer, you will miss those opportunities.

We regret taking this action and sincerely hope there will be no interruption in your employment. If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward.

AFSCME Council 5 Membership Department

Enclosures

Count

and

Municipal

Emplo ees American

Federation

44.4a itypia/14 4141

211 West 2nd Street

Duluth, MN 55802 (218) 722-0577

fax (218) 722-6802

Minnesota ;RAW 5


South St Paul, MN 55075 (651) 450-4990

(651) 455-1311 fax

www.afsanemmorg

March 15, 2013

Local 3558-HDCDU Georgene Tisdell 56 E 2nd St Superior, WI 54880-3021

ATTN: Hdc Employee


A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union.



Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.




Enclosures

and Courity American Municipal Employees Federation

Minneso Council 5

AFSCME 300 Hardman Avenue S.

South St Paul, MN 55075 (651) 450-4990

(651) 455-1311 fax

4,4441 4/04Ze fr14.444014 &dam

www.afscrnemmorg

211 West 2nd Street

Duluth, MN 55802

(218) 722-0577

fax (218) 722-6802

March 15, 2013

Local 3558-HDCDU Taushia Brooks 525 Kenwood Ave #325 Duluth, MN 55811-2157

ATTN: Hdc Employee



Currently you are in arrears for one (1) month's fees in the amount of $0 00.


Please make immediate arrangements to pay your member dues or agency fee payer fees You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4.30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.




Enclosures

American Municipal Employees

21 I West 2nd Street

Duluth, MN 55802 (218) 722-0577

fax (218) 722-6802

Federation


South St Paul, MN 55075 (65 I) 450-4990 (651)455.1311 fax

County 03 eMeGo

AFSCINE

and

www.afscmemmorg r ,Argoir* Ears—',Parri.

March 15, 2013

Local 3558-HDCDU Annika Jo Brown 4106 E 3rd St Superior, WI 54880-4219

ATTN: Hdc Employee





Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8.00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.

Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers, If you choose to be an agency fee payer, you will miss those opportunities.



Enclosures

www.afscmemn.org

oCECE0a,

Municipal

Employees American

Federation County

and

211 West 2nd Street

Duluth, MN 55802 (218) 722-0577

fax (218) 722-6802

3001-lardman Avenue S. South St. Paul, MN 55075 (651) 950-4990

(651) 455-1311 fax

March 15, 2013

Local 3558-HDCDU Brackin Miggins 7926 Salo Rd Saginaw, MN 55779-8045

ATTN: Hdc Employee

RE. Termination letter for non-payment of Member Dues/Agency Fee Payer Fees




Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.

Only union members have the right to attend local union meetings, offer input, vote on contracts, run for union office, and elect union officers If you choose to be an agency fee payer, you will miss those opportunities.



Enclosures

co and County American Municipal Employees Federation 4241 4tio14€44 4,44e4444

www.afsanemn.org

211 West 2nd Street

Duluth, MN 55802 (218) 722-0577

Fax (218) 722-6802


South St Paul, MN 55075 (651) 150-4990 (651) 455-1311 fax

101/0110" Co Lig

March 15, 2013

Local 3558-HDCDU Matthew Zemler 2205 W 10th St Duluth, MN 55806-1234

ATTN: Hdc Employee





Please make immediate arrangements to pay your member dues or agency fee payer fees, You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.


We regret taking this action and sincerely hope there will be no interruption in your employment If you have any questions, please call our office at 651-450-4990 and we will connect you with your Field Representative. You can also contact your Union Steward.


Enclosures

www.afscmemneor

American Federation toCIE120130 wei}rJ191,

Municipal Employees County

and

300 Hardman Avenue S. South St. Paul, MN 55075

(651) 450-4990

(651) 55-1311 fax

21 I West. 2nd Street

Duluth, MN 55802

(218) 722-0577

fax (218) 722-6802

March 15, 2013

Local 3558-HDCDU Mandy Johnson 674 Ableiter Rd Wrenshall, MN 55797-9108

ATTN: lido Employee





Please make immediate arrangements to pay your member dues or agency fee payer fees You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.




Enclosures

American Federation ca 23032t) County Employees and

Municipal

14444444

04144144


South St Paul, MN 55075 (651) 450-4990

(651) 455-1311 lax

Minnesota 211 West 2nd Street

au"Tail Duluth, MN 55802

(218) 722-0577 fax (218) 722-6802

www.afscrnemmorg

April 16, 2013

Local 3558-HDCDU Nancianne Witt 12405 E County Road B Lake Nebagamon, WI 54849

ATTN Hdc Employee





Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue. The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment




Enclosures

innesota CouncuS


(218) 722-0577

fax (218) 722-6802

300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-4990

(651) 455-1311 fax

Federation County Municipal Employees and

www.afsariemn.ors

May 16, 2013

Local 3558-HDCDU Eric Carlson 1817 E 3rd St Ste 2 Duluth, MN 55812-1776

ATTN: Hdc Employee


A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union.



Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.




Enclosures

and County 00020300 American Municipal Employees Federation


South St Paul, MN 55075

(651) 450-4990 (651) 455-1311 fax

www.afscmemn.org

211 West 2nd Street

Duluth, MN 55802 (218) 722-0577

fax (2 I 8) 722-6802

July 08, 2013

Local 3558-HDCDU Heather Beam 4351 W Tischer Rd Duluth, MN 55803-9404

ATTN: Hdc Employee





Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due. You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union. If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.




Enclosures

MEW° County

and

Municipal

Employees American

Federation

c`033c,t4ews

300 South

Hardman Avenue S. lelinneso

St Paul, MN 55075 C


(651) 450-4990 (218) 722-0577

(651) 455-1311 fax fax (218) 722-6802

www.afscmemmerg

March 15, 2013

Local 3558-HDCDU Lena Peterson 5602 Loop 36 Aurora, MN 55705-8300

ATTN: Hdc Employee


A Union Dues/Fees letter and an AFSCME ADVANTAGE brochure have previously been sent to you along with an Authorization for Payroll Deduction card. As we did not get a response from you, we are once again giving you an opportunity to be in compliance with the Agreement between Hdc and AFSCME. As we explained in our earlier letter, it is a condition of employment that all employees of Hdc covered by the Agreement with the Union must tender their membership dues or agency fee payer fees to the Union. The contract states that employees who fail to comply with this requirement shall be discharged by Hdc within 30 days after receipt of written notice to Hdc from the Union,


Because you have not complied with the contract agreement between AFSCME and Hdc we understand that you are electing to voluntarily end your employment Therefore a request for termination of your employment in 30 days will be sent to Hdc within fifteen (15) days from the date of this letter.

Please make immediate arrangements to pay your member dues or agency fee payer fees. You may tender your member dues or agency fee payer fees directly to the Union. If you choose to make payments directly to the Union, you must make these payments by the last business day of the month preceding the month for which they are due, You must make such payments by paying in cash, check or money order at the South St Paul office located at 300 South Hardman Avenue The office will receive payments Monday - Friday between the hours of 8:00 am - 4:30 pm, excluding holidays. Alternatively, for your convenience you can return the enclosed Authorization For Payroll Deduction card, which permits Hdc to deduct the funds from your paycheck and forward the proper sum to the Union If you fail to advise us of your choice to become a Member or Agency Fee Payer, and if you fail to make arrangements for the payment of these funds within fifteen (15) days from the date of this letter, we will seek your discharge from employment.




Enclosures

EXHIBIT 10

Minnesota Council s

American

Federation CO Wea.2i)

Municipal

County

and

Employees

t4:444.444 1104a


(218) 722-0577 fax (2 1 8) 722-6802

300 Hardman Avenue S South St Paul, MN 55075 (651)1150-4990 (651) 455-1311 fax

www.afscmemn.org

March 15, 2013

HOC Attn: Didi Jezierski 1401 EAST FIRST STREET DULUTH, MN 55805

RE: UNION SECURITY COMPLIANCE

Dear Didi:

Our records show that the employees on the attached list have not complied with the Contract Agreement between HOC and AFSCME. Consequently and regretfully it is necessary for us to request that HDC terminate the employee(s) for failure to comply with this portion of the Contract Agreement.

Prior to this letter, the employee received a card and information letter with their orientation packet as sent by AFSCME to the employees regarding this contractual responsibility. To date, the employee(s) has failed to comply. The employee(s) noted have now been notified of their pending termination. This notice is to serve of the advance notice of termination as described in the collective bargaining agreement. Should the employee(s) fail to comply with said notice you will be sent a final confirming letter to terminate the employee(s) immediately upon receipt.

If you have questions, please contact Kristi Hendel in our membership department via email at [email protected] or by calling 651-287-0503.

Sincerely,

Eliot Seide Executive Director AFSCME Council 5, AFL-CIO

ES/membership

DIANE FIRKUS

Local Field Representative File (electronic)

Cii

7-DULUTH

Fr. . Last Namet,, First Narrie, erile?YieName

iPOTENTIAL 'POTENTIAL

-1A:515!.r,§ss..k!r 2 BROOKS ITAljSHIA 11917 LONDON RD

BROWN IANNIKA JO SUPERIOR

. . !Cä Sign Oka. mployee,No .JOb Status Date ,ILOc.al,Code

,V,ZE.Si.P0,..." • 9/10/2012 1:3558

110/3/2012 ;3558 2/20/2013 POTENTIAL I 3558 WRENSHALL 1

SUPERIOR

SAGINAW

_i_AURORA

SUPERIOR

1CLOQUET

-1DULUTH

14106 E 3RD ST

1674 ABLEITER RD 1117 GRAND AVE

JOHNSON ;MANDY MAGNUSON 157V,TVN

7926 SALO RD MIGGINS 71-13R-A-CKIN

PETERSON 1LENA

TISDELL IGEORGENE

15602 LOOP 36

156 E 2ND ST

1'1001 30TH ST

t 10/3/2012 3558 .

IPOTENTIAL t _ o

11/25/2013-1

PoTENTIAL I --- — --i10/3/2012 —133555588 — - I- POTENTIAL 1

19/10/2012 ...._,_ 13558 I I IPOTENTIAL --ii_

19/10/2012 13558 tPOIENTIAL

11/25/2013 _ _j3558 , f POTENTIAL — 2205 T W 10TH S

YoUTIG 1RICHARD

ZEMLER 'MATTHEW

532Wb County American Municipal Employees Federation. veLZ.a.. 41,401 44/.044€44 1440444,4

300 Hardman Avenue S. South St Paul, MN 55075

AFSCHE 211 West 2nd Street

Duluth, MN 55802 Minnesota Council '5

(651) 450-4990 (218) 722-0577 (651) 455-1311 fax fax (218) 722-6802

wyfyi.afscmerrin,prg,

April 16, 2013

HDC Attn: Didi Jezierski 1401 EAST FIRST STREET DULUTH, MN 55805


Dear Didi:

Our records show that the employees on the attached list have not complied with the Contract Agreement between HDC and AFSCME. Consequently and regretfully it is necessary for us to request that HDC terminate the employee(s) for failure to comply with this portion of the Contract Agreement.

Prior to this letter, the employee received a card and information letter with their orientation packet as sent by AFSCME to the employees regarding this contractual responsibility. To date, the employee(s) has failed to comply. The employee(s) noted have now been notified of their pending termination. This notice is to serve of the advance notice of termination as described in the collective bargaining agreement, Should the employee(s) fail to comply with said notice you will be sent a final confirming letter to terminate the employee(s) immediately upon receipt.


Sincerely,


ES/membership

DIANE FIRKUS


, ... ,

Employee No • Firit -N*fie., . - Last -IVrtle. - .. - •A:cicires§.1-in'el„ - ' -,-Oty ,, -, , , .':-,. -- - State Abbr, . _ Zip _ctige - '''Aflembet.Tipe-t.slpine 1 Lii-01 Co* . Employer Nri•i, ae ..... • ..- ..- - - , - .'N-AkIA-1.1Nig -"V1ilft - . 12406 E -oititjr4-r'r .iiifiii.Akil -b.AdAiCiibt4 WI---- - --4849.— ' POTENTIAL ' .— ' - .. a .. - -.' '-HD

--

4441404 1-1;44,44,444

and Municipal

300 Hardman Avenue S. South St Paul, MN 55075 (651)21504990 (651) 455-1311 fax


(218) 722-0577 fax (218) 722-6802

American Federation Ets32t) County Employees

May 16, 2013



Dear Didi:




Sincerely,


ES/membership

DIANE FIRKUS


. ,. . Employee NiTitiNanTe:;,Last kaole.' :Address Line-1, . , —, City ' . State ,,Zip Cade , .; Card Sign Date ,. Membertype Nai Local Cade " .: Employer Wine

__ ERIC di4RLsoN 1817- POTENTIAL

3558 E 3RD ST STE 2 DULUTH MN 55812-1776 HDC

. _ .. -.

and County American Municipal Employees Federation 41/41 410;.ce 4,14441 F14.444.41.4


www.afsmtemmor

2 I I West 2nd Street Duluth, MN 55802

(2 I 8) 722-0577 fax (218) 722-6802

July 08, 2013



Dear Didi:



If you have questions, please contact Mary Miller in our membership department via email at [email protected] or by calling 651-287-0500.

Sincerely,


ES/membership

DIANE F1RKUS File (electronic)

Local Field Representative

First Name :Last Name -Address Line t - 'City State Abbr. Hire Date— :Job Status Nam Local Code Member Type Name

HEATHER BEAM 4351 W TISCHER RD DULUTH MN 4/8/2013 ACTIVE • 3558 POTENTIAL _

EXHIBIT 11

AFSCME Minnesota C=1 5

American Federation agE320320

Coun

Municipal

Employees

44041

300 Hardman Avenue S. South St Paul, MN 55075 (651) 450-9990 (651)955-1311 fax

aaa 14444444,4


(218) 722-0577 fax (218) 722-6802

v_IyAw.a4;

April 16, 2013



Dear Didi:

Our records show that the employees on the attached list have not complied with the Union Security Clause in the Collective Bargaining Agreement between HDC and AFSCME. Consequently and regretfully it is necessary for us to request that HDC immediately terminate the employee(s) for failure to comply with this portion of the Contract Agreement.

Please notify us of your action.

If you have questions, please contact our membership department at 651-450-4990.

Sincerely,

Eliot Seide Executive Director AFSCME Council 5, AFL-C10

ES/membership

DIANE FIRKUS


Employee No. First Name Last Name Address Line 1 City State Abbr. Zip Code Card Sign Date Member Type Name Local (Employer Name

TAUSHIA BROOKS 1917 LONDON RD DULUTH MN 55812-2039 POTENTIAL 3558 HOC

LENA PETERSON 5602 LOOP 36 AURORA MN 55705-8300 POTENTIAL 3558 HOC ,

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