Below you will see a template for pushing AFSCME to do what is right. If they do not, we may have standing for court action against them. Take the time to send this in. Fill it out and get it sent to all of the addresses included. It’s time for this shit to stop! We need your help to get it done!
*****FILL IN THE BLACK WITH YOUR NAME***********
*****CUT AND PASTE ALL AFSCE BOARD MEMBERS INTO YOUR EMAIL*******
To AFSCME Local 4041 Executive Board Members, and AFSCME Corrections Chapter.
This correspondence is directed to the American Federation of State, County, Municipal Employees (AFSMCE) Local 4041 and the AFSCME Corrections Chapter. My name is ___________________________ and I am employed by the Nevada Department of Corrections (NDOC) as a Category III Peace Officer. Pursuant to Chapter 288 of the Nevada Revised Statutes (NRS’s), AFSSCME is currently designated as my “exclusive bargaining representative” for collective bargaining unit “I”, and as such has a legal duty to equally represent me in matters related to my employment under the Collective Bargaining Agreement (CBA) contract, irrespective to whether or not I am a member of AFSCME. Pursuant to provisions within the National Labor Relations Act (NLRA) 1935, also known as the Wagner Act, and its subsequent amendments and revisions, I have a right to fair representation, and AFSCME has a duty under the law to represent me fairly, in good faith, and without discrimination. On September 22, 2020, the NLRB General Counsel (GC) published a memorandum stating; the “Pandemic may not be used to override an employer’s legal obligations. “In numerous cases, the GC stressed the need for employers to bargain over changes seemingly mandated by government orders. The GC stressed that the COVID-19 pandemic does not protect an employer’s refusal to bargain or failure to respond to union bargaining proposals. the GC again reminded employers that employees have a federally- protected right to act together with other employees to address workplace concerns related to the pandemic.
On September 10, 2021, the Nevada Department of Health and Human Services, the Board of Health (BOH), issued a legally questionable and arguable Emergency Regulation applicable to the NDOC’s policy for new hires and existing employees that stating, “…Department of Corrections employees must receive all necessary doses of the COVID-19 vaccine to become fully vaccinated on or before November 1, 2021.” The NDOC promptly sent out a series of memorandum citing the new Emergency Regulation and the terms contained within as grounds to initiate “…progressive disciplinary action, up to and possibly including termination.” The intention as stated behind the NDOC’s memorandum is to intimidate and or coerce new staff and me into taking an experimental vaccine which is authorized under the conditions set forth under PREP Act and the FDA’s Emergency Use Authorization (EAU) which includes a provision stating that the recipient be given the option to “accept or refuse”. It is also noteworthy that Pfizer’s “Comirnaty” is the only FDA licensed vaccine, and it is not even available locally. As such, the NDOC is requiring me as a condition of continued employment to take EUA vaccines that are legally not licensed.
Whereas, AFSCME is my designated representative based upon their own CBA, and the NDOC has engaged in unfair labor practices, some including “under the color of law” and in violation of the United States Constitution, the Nevada Constitution, the Civil Rights Act, and several Federal and State laws, I am asserting my rights and AFSCME’s legal duty to fairly represent me, as the NDOC has expressed an intent to terminate my employment which would cause me “irrevocable harm”. The NDOC may or may not be discriminating against be based upon my religious beliefs and or liberty on conscience and or a qualifying disability covered under ADA/ADAA, and I am hopeful AFSCME would not likewise engage in similar discrimination by denying me fair representation based upon these or other protected criteria such as are citied by the U.S. Equal Employment Opportunity Commission (EEOC) and or the Nevada Equal Right Commission (NERC).
I demand that AFSCME and its Executive Board Members immediately without delay take affirmative effective action to represent me, which in this case may and in all probability will require AFSCME to immediately seek an injunction against the NDOC’s mandatory vaccine policy. To date AFSMCE has for some significant time been aware of the new NDOC policy and has been willfully negligent in their duty to represent me or other effected the members of the bargaining unit fairly, in good faith, and without discrimination, the breach of that duty is currently causing extensive undue stress, and is about to terminate my employment and result in an “irrevocable harm” to myself, my family unit, my employment, and my livelihood, which constitute harm and or damage; the direct cause is AFSCME’s refusal to properly act. AFSCME’s misrepresentation and or continual refused to represent me or address the issue(s) in a timely manner, including the prospect of a large number of members in their bargaining unit being subjected to discipline up to and including termination for refusing to comply with an unlawful order, may result in litigation against AFSCME and its Executive Board Members.
President Harry Schiffman email@example.com
Vice President Sonja Whitten firstname.lastname@example.org
Secretary/Treasurer Stephanie Canter email@example.com
Recording Secretary Lydia Lujan Sasaki firstname.lastname@example.org
Region 1 Vice President Peggy Bohn email@example.com
Region 1 Vice President Deborah Hinds firstname.lastname@example.org
Region 1 Alt Vice President Daphne DeLeon email@example.com
Region 1 Alt Vice President Stephanie Parker firstname.lastname@example.org
Region 2 Vice President Jason O’Dea email@example.com
Region 3 Vice President James Underwood firstname.lastname@example.org
Region 3 Alt. Vice President Stephen Mollet email@example.com
Region 4 Vice President Hywel Gwyn Davies firstname.lastname@example.org
Region 4 Vice President Kenneth Edmonds email@example.com
Region 4 Vice President Alonzo Thornton firstname.lastname@example.org
Region 4 Vice President Stephanie Dube email@example.com
Region 4 Alt Vice President firstname.lastname@example.org
Regional Alt Vice President email@example.com