There are lies flying around the jail that are causing division amongst co-workers both Detention and Licensed. I have written the following to clear the air:
Schedule Facts for Teamsters
Fact: The schedule is an inherent managerial right. (Minnesota State Statute 179A.07, Agreement Article 6, Sec. 1.)
Fact: Sheriff Stanek chose to put us on the 28/8 schedule against the wishes of the Teamsters Union.
Fact: Teamsters Union Steward Miles conducted an informal poll of our members regarding schedule choices including 12 hour days. The Administration would not consider at it.
Fact: Teamsters Business Agent Tom Perkins wanted to conduct an official poll of all Teamsters Local 320 members regarding various schedules. The response was, “This is not a negotiation. This is a notification.” We were told they wouldn’t even look at it.
Fact: During negotiations a few weeks ago we offered up several schedule options including 12 hour days, 10 hour days and 6/3. They were not interested in moving from the 28/8 schedule.
Fact: Both Hennepin County and Teamsters Local 320 have certified their contract items for arbitration. Hennepin County certified no changes for the schedule or language relating to it.
Fact: The Hennepin County Sheriff’s Deputy Association (HCSDA) is currently discussing a 12 hour day schedule with Hennepin County Sheriff’s Administration.
Lie: The Teamsters are standing in the way of a 12 hour schedule.
Fact: Sheriff Stanek could exercise inherent managerial right and place all job classes on a 12 hour day at any time, or return us to 6/3 if he chooses.
Fact: The Teamsters did not support the switch to the 28 day schedule. It was imposed by inherent managerial right. The Sheriff exercising that same right can change the schedule with the stroke of a pen.
Fact: This is Sheriff Stanek’s schedule.
Footnote: Those of you who are angry because you can't get a weekend off or even days off together remember this is NOT because we are standing in the way of a 12 hour day. It is because Sheriff Stanek took us off of 6/3 and placed us on this 28/8 schedule. A schedule used by no other jail in the country!
13 comments:
I believe that the Admin. is stating that they want the detention deputies to be on board with the license's deputy before they would implement the 12 hour days. So far, the license's deputy have met all the criteria's that the admin. wanted (meaning the 12 hour days fall within the 28 day schedule). Instead of playing chess with the admin., why not go to them and say, yeah, the detention deputies are on board with the 12 hour days. what have you got to lose. serve the members. don't be negative and bring in, it's election year, they are stringing you guys along, be proactive, theres nothing wrong with going to them and saying, ok, we are in and see what excuse's they come up with, call their bluff. It appears that admin. is willing to bend, bend with them instead of playing chess with them. peace to all..
I want a 12 hour day more than anything in the world!
Does this have to go to a vote? Can we push for it? Tell us more! We all want it! Please make us happy!
Not everyone wants 12 hour days. I for one DO NOT want them. Since I am towards the bottom on senority I will still most likely be forced to work every weekend, and be home in time to see my kids for an hour or two before they go to bed. It is important to me to be able to see friends and family and working every weekend 12 hour days I would be missing even more.
There is nothing in our contract preventing them going to a 12 hour day!
So far, the license's deputy have met all the criteria's that the admin. wanted (meaning the 12 hour days fall within the 28 day schedule).
Huh? The employer never even broached the subject.There is NOTHING to keep them from having it within the 28 day schedule. No one is playing chess except the jail captains. At meetings with the County (our employer) and Sheriff Stanek's administrations they have stated repeatedly, as recently as 4 weeks ago at contract mediation, that they are not interested in ANY schedule then the 28/8.
Furthermore, they certified their articles for arbitration, as did we. It is now ILLEGAL for either side to discuss any changes to the contract other then what was certified for arbitration.
This is pure BS that they need-or want a contract language change to accomplish a 12 hour day. It would have been as simple as negotiating it during contract talks or certifying it for arbitration a few weeks ago.
There is no bluff to call. If they wanted it they can do it with the stroke of the Sheriff's pen! No changes needed.
They are pulling your leg.
Furthermore I find it offensive that the jail captains are making statements that they have no knowledge of.
No jail captain attended the 28 day Labor Management Meet and Confer meetings. No jail captain attended any negotiation session. No jail captain attended Mediation with the State. In other words they don't know what they are talking about.
Bottom line is we are on the schedule that SHERIFF STANEK wants us on. Period. No wishful thinking by anyone is going to change that unless he changes his mind and he has given no indication he wants to.
You wouldn't be working every single weekend 12 hours... It is a 2-2-3, every other Fri-Sun off... 79 more days off a year... $2500 more a year... Don't be dumb! WIN! WIN! WIN!
I think the DD should push for it and not wait for it to be pushed... That way we can have it sooner!
The licensed will hear back in 4-6 weeks admin's decision. Sounds like they are all for it and for good reason!
Again, NOTHING in the current contract language prevents them from going to this 48 hours from now with the stroke of the Sheriff's pen.
They don't care what we want. No one wanted the 28/8 and we have it don't we?
Some of our members are for 12's, some against.
Steward Miles did an informal poll, they wouldn't look at it.
Our Teamsters BA wanted to take a formal poll of all dues paying members via mail to see what our members want. They said they wouldn't look at it. One even said they'd throw it in the garbage.
At negotiations just a couple of weeks ago we brought up the idea of different schedules, 12's, 10,s a mixture, 6/3. They again stated they are not interested in any other schedule then the 28/8.
I think the DD should push for it and not wait for it to be pushed... That way we can have it sooner!
How? Why? They won't look at an informal poll. They won't look at a formal poll so we can see what all of our dues paying members want, not just a vocal few AND they wouldn't even discuss other schedule options at negotiations.
There is nothing to push for. BY LAW it is management's sole right and THEY have made it clear the 28/8 is the schedule they want.
Okay, so what about our contract saying that anything over 8 is overtime? I think most are willing to go to a 12 hour day and take the extra 8 as straight time! We just want a better schedule and at this point, if it takes getting straight time, I don't care, just toss me a bone!
The licensed guys are willing to amend their contract for it... They are willing to make the change... Why can't we? What is the holdup? There is more to this than what is being said... Whatsup?
Be real please, what did Dave the license steward have to say when he approach you guys about the 12 hour days. Its true, the admins. doesn't want to got back to 6-3 or anyother schedule besides the 28 day. They are willing to entertain the 12 hour days because it falls within the 28 day schedule. Yes, I am willing to work an extra 4 hours a paycheck at straight time for a better schedule. That comes to roughly $1500 or so a year in my pocket. Get the whole truth out and don't be selective of what you put out for the mass. Call there bluff, say you will support the 12 hour days, serve the members, do the right thing, anything is better than what we got, peace.
Both the employer and Teamsters have certified their items and filed for arbitration. The contract is closed. If the HCSO wanted a change in contract language they should have certified it.
If Sheriff Stanek wants to put us on 12's in keeping with the language of the contract he can.
I don't know what else to say.
say yes, say we are on board, this has nothing to do with contract language that are being negotiated. All they want is to hear us say yes, we are on board with the license's deputy 12 hour days. Say we want a better schedule and if we have to work 8 hours a month for straight pay , so be it. Put it to a vote. That extra 8 hour is money in our pocket. Call their bluff, we got nothing to lose, and certainly nothing to gain but a better schedule and a raise in a form of less gas, wear and tear on cars, more days off. If the license deputies are meeting with the captain and chief and talking about this, where are we at. Maybe work with the license's stewards and join forces. They are not going to pay us ot for the extra 8 hours we work each month, but straight pay is good enough for me and others. They are not going back to the 6/3 or any other schedule, we are aware of that, Lets get what we can out of a bad situation.
Wade... The truth please!
The Teamsters can certify a change to their contract at any given time... Regardless of being in Arbitration or not... It is called a "Letter of Understanding". That is exactly what the licensed guys are doing...
You keep saying that Admin can switch to a 12 hour schedule at any time... True, but what you fail to tell the masses is that that extra 8 hours HAS to be given as overtime. That is what the contract says and what it needs to change.
Can't we do something like a "Letter of Understanding" for the 12's and if we were to go back to 8's, that the contract would still read that for 8's?
It is true that the licensed are in heavy talks with Admin on this issue... It just makes sense.
I'll try to break this down:
The Teamsters can certify a change to their contract at any given time... Regardless of being in Arbitration or not... It is called a "Letter of Understanding".
Not true. A Letter of Understanding cannot nullify negotiated contract language. If there is a dispute or grievance over interpretation of a clause in the contract a Letter of Understanding can clarify or embody an agreed upon interpretaion. For example the term 'work week' in reference to Prime Time vacation. Both parties could agree to the definition of 'work week' but neither side could remove it.
You keep saying that Admin can switch to a 12 hour schedule at any time... True, but what you fail to tell the masses is that that extra 8 hours HAS to be given as overtime. That is what the contract says and what it needs to change.
I have never failed to tell anyone that the extra 8 hours has to be overtime. The contract states that anything over 80 hours in a payperiod is overtime. There are several ways to do 12's. One is that every day is a 12 which equals 84 hours which would require 4 hours to be overtime. However,the administration can easily fit a 12 hour schedule into 80 hours by simply having you work a 'short day' once every 2 weeks. They do that at Dakota County. Every two weeks one of their days is an 8 hour day.
Unlike the HCSDA which is not a Union but an Association, our Teamsters Union by laws do not allow a few 'board members' to change a negotiated signed contract. According to Teamsters by laws all dues paying members own the contract. There is one way and one way only to accomplish what you are asking for. It would require 100% of all dues paying members to approve of the change. In other words if ONE person voted no it goes down as a no. (I for one would vote no).
The Employer never asked for a language change during negotiations. They can bring it up in 2 years if they want.
Furthermore one must ask a couple of questions:
1. Why in a year we will not get a cost of living raise would anyone want to work 96 hours more then they do now at straight time rather then at overtime?
2. Have you considered that Hennepin County who is pleading poverty, may not approve raising your salary by 96 hours?
3. Have you considered that the Administration has refused to discuss a different schedule and that this may only be a middle management pipe dream?
4. Have you considered that 75 years ago 67 members of the Teamsters union were shot by the Minneapolis Police Department while striking for a 40 hour workweek? This led to the formation of the National Labor Relations Board, 40 hour workweek and overtime! If you give that up YOU WILL NEVER GET IT BACK! I doubt you would be willing to face bullets to get it back once lost. 40 hours a week is a Teamsters principle.
Anonymous, I respect the fact that you want this, but the contract is the contract. If they want it they can do it as long as it's 80 hours a payperiod. If they want a language change they have to wait 2 years and negotiate it and let our members vote on it. This contract is closed.
A couple more considerations.
Have you considered that trying to weasel 96 more hours a year out of you at straight time is just someone trying to squeeze another 96 hours out of you below scale? 96 hours you most likely would work as overtime in a year anyways.
And to the statement that you would be coming down to jail less days. Exactly when would overtime be done? Oh on a day off. And what about all of our training? Oh, on days off.
And when would people wanting to go to school and skills do this?
And what about people with daycare?
Have you also considered that most of the people low on the seniortiy list are licensed deputies and this may also be a ploy to by pass seniority. Most detention deputies are here for years and the longer they are here the better days they can get. Most licensed deputies are here for a year or two then leave our division.
Just a few more things to consider. But never ever lose track of the fact that the lousy schedule we are on was done by Sheriff Stanek, a man who managed to get a VOTE of NO CONFIDENCE from Teamsters members.
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