Report: #1335314

Complaint Review: GDOL

  • Submitted: Thu, October 27, 2016
  • Updated: Thu, October 27, 2016
  • Reported By: Rebekah — SWAINSBORO Georgia USA
  • GDOL
    Suite 510, 148 Andrew Young Int. Blvd.
    Atlanta, Georgia

GDOL Georgia Department of Labor Education Service Workers Union No bargaining power Atlanta Georgia

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I am writing on behalf of half a million unemployed Georgian's. Let me give some background as to what is going on concerning unemployment insurance.

2000 GDOL - GDOL was flush with cash. 

2003 GDOL - GDOL experienced financial problems. 

2009 GDOL - GDOL borrows $721M from the federal government while experiencing financial distress. 

2012 GDOL - Mark Butler works to save money for GDOL. "In early 2012 Commissioner Butler reinterpreted the excluded worker categories in Section 34-8-196 of the Official Code of Georgia Annotated to include privately contracted educational employees and cut off their eligibility for unemployment benefits. ... The affected workers organized demonstrations and reached out to the U.S. Department of Labor, which ordered Georgia to reinstate the benefits because the rule had no statutory basis. Commissioner Butler refused to comply with the order, stating, 'the Rule amendment is a reasonable interpretation of Georgia law, and in the absence of any conflict with federal law, we respectfully request reconsideration of the position taken by USDOL.' The U.S. Department of Labor then sent a letter directly to Governor Nathan Deal requesting immediate compliance to avoid moving to formal proceedings." (Employment Security and State Government HB 714, Published by Reading Room, 2014. GEORGIA STATE UNIVERSITY LAW REVIEW [Vol. 31:Art.9]) 

2013 GDOL - GDOL is forced to pay back $8M in UI. "Commissioner Butler still failed to comply, and the U.S. Department of Labor sent a final warning: [t]his is the final opportunity for Georgia to take corrective action before I recommend commencement of conformity proceedings. Commissioner Butler finally complied, and Georgia was forced to pay unemployment compensation to the seasonal workers who were improperly denied benefits." (Employment Security and State Government HB 714, Published by Reading Room, 2014. GEORGIA STATE UNIVERSITY LAW REVIEW [Vol. 31:Art.9]) 

2015 GDOL - Mark Butler does it again, this time changing Georgia legislation. "The bill's opponents expressed frustration that the burdens were placed on the ineligible employees, rather than on the employers, who were benefiting from the status quo." (Employment Security and State Government HB 714, Published by Reading Room, 2014. GEORGIA STATE UNIVERSITY LAW REVIEW [Vol. 31:Art.9]) 

CODE SECTIONS: O.C.G.A. 34-8-92, -157, -193, -196, -221, -223, -253, -254, -255, (amended); 50-13-2 (amended) BILL NUMBER: HB 714; ACT NUMBER: 625 GEORGIA LAWS: 2014 Ga. Laws 730 SUMMARY: The Act denies eligibility for unemployment benefits to certain workers who are employed by private companies to provide services to educational institutions. It further restricts eligibility for workers who are enrolled in approved job training programs. The Act also aligns the Georgia unemployment laws with federal standards. EFFECTIVE DATE: January 1, 2015 

2016 GDOL - I request punitive damages along with compensatory payment of UI. Mark Butler and GDOL will continue to engage in this line of action without financial incentive to correct their path. Therefore, I ask that all affected members of the ESW class be compensated $500 per week whether or not they continued to certify after denial. Furthermore, this period of unemployment may extend for 1.5 years for all members of the ESW class. Members of this class are not required to accept PT work which limits their options considerably. Members of this class are entitled to full-time government positions with benefits and growth opportunities. The essence of these punitive damages are to support the function of the ESW Union, which absent of, legislative protections are required. Unless punitive action is taken, is it likely Mark Butler will try this a third time in 2018? 

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