UPDATED below with more comment from VSEA board members.
The ousted executive director of Vermont’s state workers union said Thursday afternoon he was blindsided by an unjust firing and plans to fight his dismissal.
As Seven Days reported earlier in the day, Vermont State Employees Association executive director Mark Mitchell was terminated late Wednesday after a vote by the 5200-member union’s board of trustees. Mitchell says he was informed of the decision at the end of a day-long board meeting held in executive session and was neither informed of the grounds for his dismissal nor given a chance to defend himself.
“There was no discussion, no warning, no due process, no cause,” Mitchell said. “I was never allowed into the meeting to discuss what any of the concerns might be.”
Precisely why Mitchell was fired remains unclear, though an email written Thursday by the union’s general counsel and provided by a third party to Seven Days alleges that Mitchell “knowingly allowed the organization to violate numerous laws, exposing VSEA to liability.”
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I will stand behind Mark Mitchell all the way!
Not surprising that Coniff and Reese are so fiercely defending Mitchell. Its my understanding that with regard to one of the violations of the law they both KNEW of the situation (its my understanding that they were copied on an email warning Mr. Mitchell of the illegal practice) and neither made sure the practice was stopped nor informed the rest of the Board of Trustees of the situation. As President and Treasurer these two had an OBLIGATION to act in the best interest of the organization and failed to do so because Mitchell is their friend. VSEA is now facing substantial liability due to the actions of Coniff, Reese and Mitchell.
The explanation from legal counsel Mike Casey is extremely alarming. The purpose of in-house legal counsel is to ensure that the union abides by the Union’s bylaws, the collective bargaining agreement, Federal and State Labor Law, etc. To charge the Executive Director of breaking the law means that counsel was derelict in their duties as attorneys, “that he knowingly allowed the organization to violate numerous laws.”
One could say, by accusing Mark Mitchell of violating numerous laws Mike Casey has failed in his duty as legal counsel. Furthermore, how can legal counsel properly give legal guidance to a union when he’s grossly intertwined in its internal politics? Clearly Mike Casey wanted a specific outcome from the board meeting and acted accordingly. His actions created unnecessary liability for VSEA.
What is more troubling still is the way in which Mark Mitchell was fired. Quintessential to any Labor Union is due process and the adherence to the written contract. A major part of any union contract is just cause and due process. To fire someone with no notice, no real investigation (the investigation was spearheaded by people attempting to fire him), no opportunity to speak, without progressive discipline and without a hearing (the decision was urged by the same people presenting the evidence, making the charges and giving legal advice) is to undermine everything that VSEA stands for.
It’s behavior like this that explains the state of labor law here in Vermont.
There has always been so much potential for VSEA to have a much more actively engaged membership and to be a real leader in this state building healthy communities and a re-energized progressive labor movement. From everything I’ve seen, under Mark’s leadership major strides have been made and they have begun moving in a new direction. I have to think that VSEA’s leadership and its members will reconsider this decision.
Finally I can be proud to be a VSEA member again. Anyone defending Mark Mitchell will be ashamed when they hear what these allegations actually entail. Mark’s actions are against everything the Worker’s Center, AFL-CIO and other pro-worker groups stand for. Stay tuned….
As a member I am extremely concerned over what has occured. We’ve been building towards a more powerful, democratic union. It is the strong will of our members to see that VSEA continue to grow stronger. The decision of (a portion of) the Board of Trustees to fire our Executive Director, Mark Mitchell, is not only a diversion from that work, but it is in direct opposition of the vision that our members have voted to support. I believe that this is a political attempt to hault our positive forward momentum. A union is about the collective voice, and it is clear that our collective voice has been ignored by this move and we will not sit back and let it happen.
The fact that two hired employees and some appointed board members of an organization that unites workers so that unfair practices like this do not occur to its members, did this to an employee of ours, with complete disregard to due process (which is one thing we stand for) is disgusting.
Again, if any laws of the organization were broken, then Casey and Winters as VSEA’s attorneys are the ones who should be fired, as they have the ultimate duty as employees to us, the members, to assure that laws are being followed. Shame on you both, this is a clear disregard and disrespect of the majority of members of our organization. We will not stand for it.
It is amazing
that Mr. Mitchell would say he does not want to spend the members’ resources.
During his short 18 month tenure it is my understanding that he has drawn more
than twice the average state salary at $ 120 k annual salary; He has taken 3
full months of vacation, and he has raised our member dues an unprecedented 35
% in one fell swoop. For what? I don’t see progress. All I see is chaos in his
wake and defiance for his gravy train coming to an end.
Are you people serious???? It is outrageous that members are defending Mitchell. This guy came to VT and caused nothing but chaos and upheaval since he’s been here. Successful legislative session??? What? Another union got fair share for you, and I think you got a shitty bus pass to shut you up. PS- not legislative. Did I miss something else? Now we find out that the director has violated the law by staff who have worked as dedicated employees for years, and it’s off with their heads? Coniff and Reese are two powerless cronies who have nothing else to do but protect this sham. They’re only blind sided because they got caught! Usually happens that way. There’s no just-cause for an ED who willfully violated the law, opening the union up for litigation. I thought unions offered protection for WHISLE BLOWERS who sound the alarm against corruption. Mitchell had to go. Kudos to the 10 board members who FINALLY saved the union from this tyrant. Good riddance! Organizing model….. Don’t make me laugh.
Change does not come easily, and from what I’ve seen Mitchell has brought welcome change to the VSEA. Public workers are under attack across the country, yet provide undervalued and vital services. In the past few years, under various administrations, I have not seen the VSEA stand up to attacks or present a different vision… until Mitchell. It seems to me like the old guard at VSEA doesn’t want change. If there are allegations, then let’s here them. Or better yet, let due process occur before everyone starts throwing stones. Old guard, or new.
$120k a year and three months of vacation, you have to be kidding me. Unions, they are a joke. Left over remnants of a time when workers were actually oppressed. That was over 100 years ago people. Due-paying members are delusional lemmings, paying away their hard earned money for zero reason except to perpetuate the madness. VSEA, NEA, Burlington City Employees Union, it’s time to dissolve them all. Without the unions, the lemmings would be making more money. Wake up people.
Sadly enough for the rank and file members of the state employees union, it sounds as if the board, management and staff of VSEA is either in the beginning or final stages of an implosion. It might be high time for the members of VSEA to seriously consider cleaning house both at the board as well as management levels in whatever manner they might have available to do so in order to start anew and rebuild while they still can. The members of the union need to assert control and do it rather quick. Otherwise, the power struggle that appears to have been going on internally for a time at the various levels could potentially weaken the union even more than has been the case over the last few years or so; and, a continuation or even a worsening of such a struggle would not bode well for VSEA members. History has shown over and over about how there is nothing worse than a house divided upon itself.
Without unions working class and middle class workers would be making less. Increases in wages, pensions, health benefits, vacation time and other benefits are because of unions. I believe Vermont lacks a strong middle class economy because of the lack of strong unions.
Without a union management has the sole discretion to pay you at its discretion. Look at countries like Bangladesh without unions and compare the standard of living to countries that do. Furthermore, if you look at the average wages of states with unions they are higher than those without. The decline in the middle class directly correlates with the decline in unions. I don’t know where you get your facts but you are wrong.
Ed;
A union is a group of ORGANIZED workers who collectively use their strength to have say in the work place. The entire purpose of a union is to equalize the playing field between employees and management.
VSEA has weak contracts because there has never been an attempt to organize its members before. Its dysfunctional that there are 1000 plus fee payers in a union of VSEA’s size. Why are there 1000 plus fee payers? Because for 60 plus years there has been no activity to build membership, leadership, educate members, create a presence in the work place or enforce the contract. Vermont isn’t afraid of Mike Casey, Abigail Winters, Gary Hoadley or Mark Mitchell. Vermont is terrified though of 5200 VSEA members who are educated, active and organized.
The only way for a union to build power is through organizing. Plus, VSEA’s service model is a complete failure. If you can’t enforce the contract through the grievance procedure what’s the point of even having a contract? VSEA doesn’t have the resources to have an effective service model. VSEA would need an army of lawyers, union reps and stewards to be constantly filing and winning grievances. But with the current contract you can’t win grievances.
It is time for change but unfortunately we are once again heading in the wrong direction. The only way forward is with the organizing model.
I’m shaking in my boots.
You say activist as if it’s a bad thing….
I find it curious that you have so many facts to which to base an informed decision on. We’re you at the board meeting perhaps Ed “Baker”? As a member, so far the only way I know any of what has just happened within my union, is from the news. Not exactly the way I make informed decisions. Due process has not occurred, and that, is one thing we stand for.
I find it interesting as well, that only a few on these threads have chosen to use their real names, weak at best.
You’re right. I want Michelle Salvatore to represent me when my ass is on the line. Who needs Hoadley? That’s like the Admin’s wet dream. Grand plan!
So far you have done nothing but threaten, attack and belittle me. Solidarity is the last thing I feel with you.
Well that’s ok, since your focus is on the all important due process rights for Mitchell. So no worries there.
Hey everyone! Resort to personal attacks and your comment gets deleted. Please be nice to each other.
V.V.H Majority
Voice:
From everything I’ve heard out there from my brothers and sisters, Mr. Mitchell and his supporters do not represent the wishes of the greater collective. Membership
feels bullied by the current administration and misrepresented, driving V.V.H
closer and closer to privatization. This is not the union we want; it’s the
union that a small whack pack, a drunken union president, and a Snake Oil Sales
Man turned Director wants. I think people should do a lot more digging on this
guy before they so blindly defend the smoke he’s been blowing. These are our
jobs, our lively hood, and our careers. For Mitchell it’s just another brief
stop off to play some more games while stuffing his coffers. People are not using their real names probably because they are scared of being in the retaliatory cross hairs like those before them who have tried to speak out. IT IS time for solidarity, IT IS time for everyone to speak up, SPEAK LOUD and get these crazies out of the driver seat before they take us off the cliff. Perhaps Mitchell’s real goal is not to
build us up but to bust us up? Divide and conquer. Certainly makes for easier
pickings for his buddies in the internationals.
OK Mark
Hi Ray Moss,
Thank you for your willingness to break some very important details in this situation. As far as I have read, there have been no details discussed because of the meeting was done in private session- it’s amounted to a very confusing situation that I’ve had trouble understanding. That you for sharing that there was actually a crime committed here and being willing to share the names of those associated. Can you please share more background and other information about the crimes and what has happened? I have searched legal logs, etc and have not seen that anyone has been accused of a crime?
While it seems like Mike Casey and Abigail Winters (who are lawyers??) were at the helm of the Board for this action, I am curious is they are being implicated or charged in crimes that occurred during their tenure as the organizations legal staff? I have tried to learn more about the independent legal investigation presumably occurring and I just can’t find anything about it. Sounds pretty bad that two board members and staffers would conceal crimes, but it also seems like it would highly illegal for the Board to further conceal these crimes by keeping them secret and not turning criminals over to prosecutors. I am at a loss for finding any information about the crimes that you know about… any help would be greatly appreciated!!
I find it interesting that someone so involved with the Workers Center would condone the violation of labor law by the ED of a Labor Union.
I dont know if criminal law was violated. From what I understand it was knowing and willing violation of labor law.
I am not sure I understand the difference between breaking labor law and breaking other types of laws- is there a record of the charges filed against the VSEA to a court or labor board? Where can someone read about the charges, or has the case not been scheduled for trial yet? Reading your comments below it seems that there has been a conviction or some analogous finding against the VSEA for violating labor law. I haven’t been able to find a record of that at this point, but I guess I am not really sure where to be searching anyway. If you could link or share, that would be helpful.
Does the ED of a union break a law or did the organization break the law with the ED (and one would assume others) as the folks most responsible for the violation? Who brought the charges against the VSEA/ ED? Was it workers or was it law enforcement?
Was the charge that the VSEA did some action against their members (a labor law protecting their members was broken?), or is it an internal practice that resulted in the charges being brought?
Those of us who recognize
the need for a strong, vital, democratic labor movement able to meet the
challenges of the 21st century – a labor movement that can help its members win
a real voice at work, and especially in the public sector, to stand up for the
interests of the Vermonters that it serves – we have welcomed the changes that
VSEA has been making over the past period. Whatever happens with the internal
debate, we certainly hope that this important transformation continues.
Well spoken.