Weingarten Rights - Request for a Shop Steward
If you are called into a meeting with a management representative and you have reason to believe that disciplinary action against you may result, you have the right to have a steward present during this meeting. Read the statement below to the management representative, and contact your steward immediately.
READ THIS STATEMENT TO MANAGEMENT:
“If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I request that my union representative, officer, or steward be present at the meeting. Without representation, I choose not to answer any question.
“This is my right under a U.S. Supreme Court decision called Weingarten.”
This right is especially important should you get called into Internal Affairs (I.A.).
Always take a steward with you even if you are not the focus of the investigation, that focus can change!
You also have Garrity Rights:Protection Against Self Incrimination
Because the 5th Amendment applies to Public Employees:Public employees have certain constitutional rights that apply in their employment that may not apply to private employees. For example, in Garrity v. New Jersey, the Supreme Court held that statements obtained in the course of an investigatory interview under threat of termination from public employment couldn’t be used as evidence against the employee in subsequent criminal proceedings. If, however, you refuse to answer questions after you have been assured that your statements cannot be used against you in a subsequent criminal proceeding, the refusal to answer questions thereafter may lead to the imposition of discipline for insubordination. Further, while the statements you make may not be used against you in a subsequent criminal proceeding, they can still form the basis for discipline on the underlying work-related charge.
There are two prongs under the Garrity rights. First, if an officer is compelled to answer questions as a condition of employment, the officer's answers and the fruits of those answers may not be used against the officer in a subsequent criminal prosecution. Second, the department becomes limited as to what they may ask. Such questions must be specifically, narrowly, and directly tailored to the officer's job.
In 1996 the Hennepin County Sheriff's Office was found to have violated the Garrity rights of two detention deputies.
If the investigation is criminal do not talk to anyone without contacting a Team Legal Attorney!
Call 1-800-367-4321 to get an attorney. TEAM LEGAL ATTORNEYS ARE FREE FOR FULL DUES PAYING MEMBERS!
THIS IS AN OFFICIAL NEWS SITE FOR CURRENT AND RETIRED CORRECTIONS OFFICERS! This blog will keep up on current events affecting Detention Deputies and Corrections Officers. SINCE 2006!
Tuesday, October 30, 2007
Friday, October 26, 2007
DRIVE Response to Follow the Money
After a flurry of phone calls and here it is.
1) DRIVE did not endorse Sheriff Stanek. His name did not appear in any mailings, newspaper adds or literature.
2) DRIVE is a PAC. It is separate from Teamsters Local 320. No Teamster Local 320 money was given. Only members who pay into DRIVE.
3) The check was written after the election by a lone DRIVE representative, Don Gerdesmeier. I can't imagine why.
4) Joint Council 32 claims no foreknowledge of Don Gerdesmeier's decision to write the check. Apparently as a DRIVE rep he doesn't have the power to endorse but has discretion in writing a check. It is claimed that Sheriff Stanek isn't the only unendorsed politician to receive such a check.
The basic gist I gathered is it's DRIVE's money and their business how to spend it. If we want a say we can join DRIVE. (I don't think so).
All of this appears to be fact, however, I maintain that of all people, Don Gerdesmeier knowing our poor relationship with former Sheriff McGowan (and the many times he backed doored us through Don) should have out of any respect for us, the rank and file, at least let Sheriff Stanek demonstrate a good relationship with us before just handing him their money giving the appearance of Teamster support. It is moves like this that will forever make me leery of DRIVE and it's intentions. The average politician doesn't know the difference between DRIVE and the Local, he just views money as support.
Knowing Don's relationship with the former Sheriff, I still believe, at least on his part, that while we were wanting to maintain neutrality during the election Don was nodding and winking at a politician and then giving him money. Moves like this make politicians think that they can trample on our members and our contract because the money will flow no matter what.
1) DRIVE did not endorse Sheriff Stanek. His name did not appear in any mailings, newspaper adds or literature.
2) DRIVE is a PAC. It is separate from Teamsters Local 320. No Teamster Local 320 money was given. Only members who pay into DRIVE.
3) The check was written after the election by a lone DRIVE representative, Don Gerdesmeier. I can't imagine why.
4) Joint Council 32 claims no foreknowledge of Don Gerdesmeier's decision to write the check. Apparently as a DRIVE rep he doesn't have the power to endorse but has discretion in writing a check. It is claimed that Sheriff Stanek isn't the only unendorsed politician to receive such a check.
The basic gist I gathered is it's DRIVE's money and their business how to spend it. If we want a say we can join DRIVE. (I don't think so).
All of this appears to be fact, however, I maintain that of all people, Don Gerdesmeier knowing our poor relationship with former Sheriff McGowan (and the many times he backed doored us through Don) should have out of any respect for us, the rank and file, at least let Sheriff Stanek demonstrate a good relationship with us before just handing him their money giving the appearance of Teamster support. It is moves like this that will forever make me leery of DRIVE and it's intentions. The average politician doesn't know the difference between DRIVE and the Local, he just views money as support.
Knowing Don's relationship with the former Sheriff, I still believe, at least on his part, that while we were wanting to maintain neutrality during the election Don was nodding and winking at a politician and then giving him money. Moves like this make politicians think that they can trample on our members and our contract because the money will flow no matter what.
Follow The Money
This post has been edited from it's original form. The crux of what set me off is this:
While checking on the campaign contributions to Sheriff Stanek I noticed that Teamsters Joint Council 32 gave the maximum contribution of $500 to Sheriff' Stanek's campaign! That's not all, it was given on 12/20/2006 AFTER the election!
See the next post for their explanation.
While checking on the campaign contributions to Sheriff Stanek I noticed that Teamsters Joint Council 32 gave the maximum contribution of $500 to Sheriff' Stanek's campaign! That's not all, it was given on 12/20/2006 AFTER the election!
See the next post for their explanation.
Thursday, October 25, 2007
Where do we rank in pay?
Here's Carver County's range. Here's Dakota County's range. Keep in mind we are the busiest jail in the state and Carver and Dakota County also provide free parking. They're also Teamster shops with the same pension.
Tuesday, October 23, 2007
Minnesota Corrections United
Tired of playing second fiddle to cops? The purpose of this group is to promote a statewide united front for those in the corrections field to pass legislation and policies that affect County Corrections Officers and Detention Deputies in the State of Minnesota. Things like equal pay and pensions with cops and others in dangerous occupations. Equal protection in internal affairs and discipline,etc. There's a new e-group in town! Join this statewide movement!
MINNESOTA CORRECTIONS UNITED
alt="Click here to join correctionsunited">
Click to join correctionsunited
MINNESOTA CORRECTIONS UNITED
alt="Click here to join correctionsunited">Click to join correctionsunited
October 23rd Negotiations
We met again today with Hennepin County and the Sheriff's Office. The items were discussed with no real progress. We meet again on November 20th.
Tuesday, October 16, 2007
Hennepin County's Proposal
Today October 16th we met again to negotiate with Hennepin County. They gave us their proposal. These are the highlights of their proposal:
Pay increase-1.5% pay increase for 2008 and 1.5% for 2009
Replace Vacation and Sick Leave with PTO (Personal Time Off)
Insurance Rates for Employees:
Single Coverage to pay $25 per month
Employee plus spouse-$340.49/mo
Employee plus children- $260.80/mo
Family-$398.45/mo
*Of special interest
They want to engage in a non-binding discussion of the black leather change
Ditto for 12 hour days
They are ending the Retiree Health Insurance provision. Employees hired after the execution of this Agreement will not receive this benefit. Those of us now employed may continue with this.
Pay increase-1.5% pay increase for 2008 and 1.5% for 2009
Replace Vacation and Sick Leave with PTO (Personal Time Off)
Insurance Rates for Employees:
Single Coverage to pay $25 per month
Employee plus spouse-$340.49/mo
Employee plus children- $260.80/mo
Family-$398.45/mo
*Of special interest
They want to engage in a non-binding discussion of the black leather change
Ditto for 12 hour days
They are ending the Retiree Health Insurance provision. Employees hired after the execution of this Agreement will not receive this benefit. Those of us now employed may continue with this.
Monday, October 08, 2007
12 Hour Day Update-Meeting With Hennepin County
Today Teamsters business agent Tom Perkins and myself met with Hennepin County Labor Relations about the 12 hour day memo circulated by jail administration. This is being moved up to Bill Peters of Hennepin County. Some points brought up include:
First, Article 10, Section 4 of our Agreement. Reads “For Detention Deputies, worked hours in excess of the assigned work shift of eight (8) or more hours or an averaged eighty (80) hours per payroll period, with the exception of the twelve mandatory training hours for employees on a 6-3 schedule, shall be overtime and compensated at one and one-half (1 1/2) times the employee's base pay rate, or one and one-half (1 1/2) hours compensatory time for each hour worked, subject to the provision that no employee shall be eligible for overtime premium unless prior approval of the overtime work was granted by the Sheriff or his designee.”
* The same article in the Licensed Deputy Agreement has added language to the effect that the Employer retains the right to assign shifts of more then eight hours…That language IS NOT in our contract.
Second is the language relating to our holidays in ARTICLE 3 – DEFINITIONS section 3. It should be remembered that we took a 1.5% pay cut when we entered into the Agreement to get the holiday schedule we now have. It relates to an inconvenient work schedule (i.e. working weekends and holidays). We would expect that 1.5% to be restored. We would also expect to be paid the time and one half holiday premium on all hours worked on holidays.
Third, the shift bid Article 10, sec. 4. You cannot randomly assign people to new permanent 12 hour shifts without a bid. The dates for that bid are February 15th and August 15th.
Fourth, since we are required to dress in a uniform and pick up keys we would consider our shift as starting the minute we entered the locker room and ending when we returned our keys. So a detention deputy would enter the locker room at 6AM, dress, and look up his /her assignment, get keys and travel to their duty station. Once shift relief was there the relieved deputy would then have to travel to the key room and return their keys. This would easily require a half hour of overtime every day.
Fifth, training. Would this also happen on days off? More overtime.
Sixth, Lieutenant Johnson states in his memo that, “Both options are an 84 hour pay period. Agreements between labor and administration would need to be made on how to handle those 4 hours.” Teamsters Local 320 has recently won an arbitration to that effect. The arbitrator’s decision was that those hours are to be paid as overtime.
One of the main contentions is the method by which this is coming about. Our contract states:
Article 2-Recognition, sec 3 states: "The EMPLOYER, in accordance with the provisions of Minnesota Statutes 179A06 agrees not to enter into any agreements covering terms and conditions of employment with members of the bargaining unit under jurisdiction of this AGREEMENT either individually or collectively which in any way conflict with the terms and conditions set forth in this AGREEMENT, except through the certified representative."
The contract is NOT between the Sheriff's Office and the Detention Deputies, it is between Hennepin County Labor Relations and Teamsters Local 320. The proper method is for the employer to approach the county's Labor Relations office, then for Labor Relations to set up meet and confer meetings with the Business Agent of Teamsters Local 320.
First, Article 10, Section 4 of our Agreement. Reads “For Detention Deputies, worked hours in excess of the assigned work shift of eight (8) or more hours or an averaged eighty (80) hours per payroll period, with the exception of the twelve mandatory training hours for employees on a 6-3 schedule, shall be overtime and compensated at one and one-half (1 1/2) times the employee's base pay rate, or one and one-half (1 1/2) hours compensatory time for each hour worked, subject to the provision that no employee shall be eligible for overtime premium unless prior approval of the overtime work was granted by the Sheriff or his designee.”
* The same article in the Licensed Deputy Agreement has added language to the effect that the Employer retains the right to assign shifts of more then eight hours…That language IS NOT in our contract.
Second is the language relating to our holidays in ARTICLE 3 – DEFINITIONS section 3. It should be remembered that we took a 1.5% pay cut when we entered into the Agreement to get the holiday schedule we now have. It relates to an inconvenient work schedule (i.e. working weekends and holidays). We would expect that 1.5% to be restored. We would also expect to be paid the time and one half holiday premium on all hours worked on holidays.
Third, the shift bid Article 10, sec. 4. You cannot randomly assign people to new permanent 12 hour shifts without a bid. The dates for that bid are February 15th and August 15th.
Fourth, since we are required to dress in a uniform and pick up keys we would consider our shift as starting the minute we entered the locker room and ending when we returned our keys. So a detention deputy would enter the locker room at 6AM, dress, and look up his /her assignment, get keys and travel to their duty station. Once shift relief was there the relieved deputy would then have to travel to the key room and return their keys. This would easily require a half hour of overtime every day.
Fifth, training. Would this also happen on days off? More overtime.
Sixth, Lieutenant Johnson states in his memo that, “Both options are an 84 hour pay period. Agreements between labor and administration would need to be made on how to handle those 4 hours.” Teamsters Local 320 has recently won an arbitration to that effect. The arbitrator’s decision was that those hours are to be paid as overtime.
One of the main contentions is the method by which this is coming about. Our contract states:
Article 2-Recognition, sec 3 states: "The EMPLOYER, in accordance with the provisions of Minnesota Statutes 179A06 agrees not to enter into any agreements covering terms and conditions of employment with members of the bargaining unit under jurisdiction of this AGREEMENT either individually or collectively which in any way conflict with the terms and conditions set forth in this AGREEMENT, except through the certified representative."
The contract is NOT between the Sheriff's Office and the Detention Deputies, it is between Hennepin County Labor Relations and Teamsters Local 320. The proper method is for the employer to approach the county's Labor Relations office, then for Labor Relations to set up meet and confer meetings with the Business Agent of Teamsters Local 320.
Horobin Grievance Settled!
Detention Deputy Horobin grieved a 10 day supension he recieved while participating in an SRT cell extraction. The grievant and union maintained there was no just cause. An arbitration was scheduled for today October 8th. The county offered to give deputy Horobin 7 days back and he accepted the offer.
Friday, October 05, 2007
12 Hour Day Response
Regarding Lt. D. Johnson's 12 hour day memo, a meeting has been set up with Labor Relations, our business agent and myself for this Monday, October 8th. We are not for it.
As you know, Inspector Cooper issued a memo on October 3rd, 2006 regarding the RNC stating , “vacation time and regular days off will be cancelled for all HCSO employees during August 28 - September 6, 2008.” We accept the fact that this comes during Prime Time Vacation, we also accept the fact that as essential employees we are called upon to work these hours. However, we should be compensated at time and one half for all hours worked past our regular 8.5 hour shift, whether as 12 hour shifts or on days off. It is unacceptable to ask us and our families to give up vacation time and days off during the summer only to work longer shifts for straight time. This schedule seems to be designed to deprive us of just compensation.
As you know, Inspector Cooper issued a memo on October 3rd, 2006 regarding the RNC stating , “vacation time and regular days off will be cancelled for all HCSO employees during August 28 - September 6, 2008.” We accept the fact that this comes during Prime Time Vacation, we also accept the fact that as essential employees we are called upon to work these hours. However, we should be compensated at time and one half for all hours worked past our regular 8.5 hour shift, whether as 12 hour shifts or on days off. It is unacceptable to ask us and our families to give up vacation time and days off during the summer only to work longer shifts for straight time. This schedule seems to be designed to deprive us of just compensation.
Thursday, October 04, 2007
RNC Update
Infoshop News is reporting that the strategy for the upcoming RNC is as follows:
On the first day of the convention, participants will employ a three-tiered direct action strategy to disrupt the RNC. The tiers are organized in order of priority according to the number of participants; if a small number of participants show up, only the first tier will be carried out, but if the numbers are on hand, all three tiers will be in effect.
Tier One: Establish 15-20 blockades, utilizing a diversity of tactics, creating an inner and outer ring around St. Paul’s Excel Center, where the RNC is to take place.
Tier Two: Immobilize the delegates’ transportation infrastructure, including the busses that are to convey them.
Tier Three: Block the five western bridges connecting the Twin Cities.
Read the whole story at Info Shop News
Other RNC update links:
RNC Welcoming Committee
PreRNC Report Back
On the first day of the convention, participants will employ a three-tiered direct action strategy to disrupt the RNC. The tiers are organized in order of priority according to the number of participants; if a small number of participants show up, only the first tier will be carried out, but if the numbers are on hand, all three tiers will be in effect.
Tier One: Establish 15-20 blockades, utilizing a diversity of tactics, creating an inner and outer ring around St. Paul’s Excel Center, where the RNC is to take place.
Tier Two: Immobilize the delegates’ transportation infrastructure, including the busses that are to convey them.
Tier Three: Block the five western bridges connecting the Twin Cities.
Read the whole story at Info Shop News
Other RNC update links:
RNC Welcoming Committee
PreRNC Report Back