The Problem With No Rules

We've been on the 28/8 day schedule for about 3 years now, and the confusion and problems continue. As a Union Steward I’d have to say more of our problems with management stem directly NOT from the actual schedule we were forced onto, but from the Sheriff’s Office REFUSAL to commit any rules to writing.

Currently there are two active grievances as a direct result of this.

Grievance one is because one of our members’ used a Vacation Day on his weekend to work, and he submitted it at the same time he submitted his 28 day schedule bid. The employer then took away a weekend off. Why? One of the jail Captains has an email out that states you can’t submit vacation for your weekend to work before the schedule is “locked.” However, there’s an email from an Inspector encouraging us to submit vacation when we submit our schedule! What does the contract say? Not a goddamned thing, because the Employer REFUSES to put any rules pertaining to our schedule in the contract! The contract is clear on Vacation though, it is not a Regular Day Off, but an earned benefit compensated as a workday, it should count as a workday.

Grievance two relates to Seniority and the 28 day bid. One of our members’ put in for December 26 and 27^th as days off. Those were denied him but given to 18 people with less seniority.  I, however, have an email from the Chief Deputy stating they would be going by seniority. But an email means nothing in absence of contract language.  At our last contract Arbitration under the Teamsters, we tried to get seniority language pertaining to the shift bid in the contract. The employer argued that they were already going by seniority and there was no need for the language. The arbitrator ruled in the employers favor because we were "so new" on the schedule at that time it needed time to shake out. 

The result of all of this is that the employer can, and does change the rules at will.

The 28 day schedule is also used by the Minneapolis Police Department. Their contract has LANGUAGE that spells out the rules. This makes it clear to both employer and employee what can and cannot be done. This is the schedule Sheriff Stanek and the Chief Deputy were familiar with. However when they forced it on us they were bound by none of the rules.

Each contract negotiation since then, we have sought to get contract language pertaining to the schedule and neither the Sheriff’s Office, nor our  Employer, Hennepin County has been willing. So we are left with a schedule whose rules change at the whim of the next email from a supervisor.

Is it any wonder employees are frustrated and leaving for other Departments? Is it any wonder morale is so low? Don’t blame the Union, several times the Sheriff’s Office has come to agreement on this schedule’s implementation and every time has changed the game citing Employers Right.  And that without ever consulting the Union that they were changing the rules, they just send an email or write a memo.

I’m not arguing they can’t have any schedule they want. I’m just asking for guidelines in writing. Like a Letter of Understanding between the Employer and the Union.  The Minneapolis Police Department had no problems doing this.

Rumor has it the Sheriff’s Office is surprised that the last four people who left cited the schedule as a major reason for leaving.  We told them it would be, but they didn't care until the job market opened up.My understanding is that twelve other people are being backgrounded for hire by other departments.Now they, according to rumor, are discussing among themselves what to do. Here’s an idea: Put the rules in a Letter of Understanding.

Or just keep humming along the way you are, frustrating both employees and scheduling Sergeants as they try to navigate the ever changing game.

Hell, even the inmates we supervise have the rules in writing.

The scheduling ball is in your court, as it always has been. If you don't want to commit the rules to writing, so be it, but quit blaming us for YOUR scheduling problems. But you've never really wanted our input anyways, I can still see the Chief Deputy pounding his fist on the table and telling us, "This is a not a negotiation, it is a notification. You are going to a 28/8 schedule and we will consider no other options." Well I guess they have kept one promise.