Promoting, Dignity, Equality and Self-Determination
Washington Protection & Advocacy System
Home ׀
About WPAS ׀
News ׀
Self-Advocacy
׀ Public Policy
׀ Publications
׀ Contact
WPAS
E-Mail Updates
׀ Support WPAS
׀ Search
Voters Approve Initiative 775
Users of Personal Assistance Services Mobilize to Protect Their Rights
by Phil Jordan
December 14, 2001
This past November, voters in Washington passed Initiative 775, a ballot measure that threatens some of the rights of individuals who use Personal Assistance Services (PAS). More than 62% of Washington’s voters favored the initiative that creates a new government commission – a board that will represent the interests of PAS users in a variety of ways. Among the duties of the so-called Homecare Quality Authority are:
 | Negotiate labor agreements with a union of Independent Providers (IPs) on behalf of PAS users. |
| Create standards and training requirements for IPs. |
| Establish training programs for IPs and for PAS users. |
| Identify and recruit potential IPs. |
| Create a registry of IPs to assist PAS users in selecting a caregiver. |
WPAS opposed Initiative 775 for a number of reasons, one of the biggest concerns being that PAS users would yield some of their ability to manage and direct their own services. The new authority now assumes some of those responsibilities. Furthermore, the initiative doesn’t require the board to consult PAS users when negotiating collective bargaining agreements with the union.
PAS users and advocates have been meeting since the election to develop ideas that would ensure that the appointed members of this authority would be accountable to those they represent. If the authority is not answerable to PAS users, individuals with disabilities and seniors could have many of their rights as employers taken away in collective bargaining agreements, and there would be no way for them to complain.
Here are some of the ideas generated at those meetings.
PAS Users Should Have the Opportunity to Ratify any Collective Bargaining Agreement
PAS users should have the right to ratify or reject any collective bargaining agreement negotiated on their behalf. It makes sense that in a collective bargaining situation, management should have access to their negotiators. How else could they tell their negotiators what issues are most important to them?
In this case, "management" is comprised of people with disabilities and seniors who are being represented by the new authority. Since PAS users will not have regular access to their negotiating team, PAS users must be given the opportunity to ratify or reject any collective bargaining agreement negotiated between the authority and the union. This would ensure that people with disabilities and seniors would have a direct voice in agreements that directly affect their lives.
Suzanne Wall, a spokesperson for the supporters of the initiative, recently expressed opposition to this suggestion. Her position seemed to be that if the new authority sent a questionnaire to PAS users prior to any negotiations, there would be no further need for the authority to verify that they were representing the wishes of people with disabilities and seniors.
Individuals with disabilities are all too familiar with attitudes such as the one expressed by Ms. Wall. The day should have long since passed when it was acceptable practice for others to decide what is best for people with disabilities. It is clear that if PAS users want to retain the ability to manage and direct their personal assistants, they are going to have to fight for their rights.
PAS Users Must Retain the Right to Terminate an IP without having to Justify Their Decision
This has been one of the most contentious issues surrounding I-775. The text of the initiative states that PAS users retain the right to "hire, fire, and supervise" their IPs, and supporters of I-775 insist that this language is sufficient. Digging a little deeper, it is easy to see that - without clarification to the new law - PAS users could be stripped of their right to fire a provider without having to provide documentation of wrong-doing by the IP.
Nearly all employers have the right to hire, fire, and supervise their employees. That does not mean that it is always a simple or straightforward task for employers with union employees to terminate a worker. Unions often seek protections for workers from being fired without "just cause." What this usually means is that if an employer wants to fire an employee, they must provide explanations and documentation detailing why the worker should be terminated. The worker has the opportunity to file a grievance, and often is allowed to continue to work until the grievance has been resolved.
PAS users are employers. Their relationship with their employees, the personal assistants, is different from the labor/management relationship that exists in most work settings. Personal Assistants often assist their employers in performing intimate tasks, such as bathing and toileting. PAS users do not want to have to justify why they no longer wish to have an employee performing these functions. They certainly do not want to endure being assisted by an individual they tried to fire, while a grievance is being processed. PAS users demand the right to terminate their provider "at will" – without having to defend their reasons.
During the campaign for I-775, representatives of Service Employees International Union (SEIU), who were the primary sponsor of the initiative, were quoted as saying that they supported an "at will" standard for termination. However, since the passage of I-775 they have not been supportive of efforts to guarantee this right to PAS users.
When approached with the suggestion that language should be inserted into the new law that specifically assured this right for PAS users, SEIU officials indicated that they would not be supportive of such a change.
Those Appointed to the New Authority will Represent PAS Users
The Governor has sole authority to appoint all nine members of the authority. Five of the nine members must be current or former users of PAS, and there are four agencies who will have representatives on the authority; the Developmental Disabilities Council, the Governor’s Committee on Disability Issues and Employment, the State Council on Aging, and the Washington Area Agencies on Aging.
The Governor will be making some tough decisions about who will be appointed to this board. PAS users and advocates have put forward suggestions that describe some of the attributes the authority should incorporate among its individual members. The new authority should:
| Be knowledgeable and educated about a wide variety of disability issues. |
| Have cross-disability representation – individuals having experiences with different disabilities and different age groups should have seats on the board. |
| Include individuals with experience in labor negotiations and collective bargaining. |
| Be committed to proactively establishing two-way communication between the authority and PAS users. |
| Include representation from a variety of ethnic, cultural, and geographic backgrounds. |
PAS Users must Continue to Fight for the Right to Manage and Direct their Personal Assistants
Everyone in the disability community hopes that IPs will be able to earn a living wage and receive benefits that allow them to choose to provide PAS as a profession. It is critical, however, that the users of PAS do not lose the rights for which they have fought long and hard.
This is an important time for PAS users.
● Back to Envoy Archives ● Back to Envoy Online ● Back to Home Page ●
