When essential employees and their employer deadlock in negotiations they file for arbitration. As essential employees we cannot strike.
The rules for arbitration are spelled out in Minnesota State Statute
179A.16 INTEREST ARBITRATION
Both sides file their final positions to the arbitrator.
A hearing is then held where both side present their positions to the arbitrator. It's much like a courtroom setting, testimony, witnesses and exhibits.
Briefs are filed by both sides, usually within a couple weeks of the hearing. The arbitrator then has 30 days to publish the decision.
An arbitrator is supposed to treat the arbitration as if the essential employees are on strike and make a decision considering what it would take to end a strike.
2. Will we get less than the employers offer that was rejected?
Not likely. The County's main argument is ALWAYS the pattern is set. They always compare the three essential county corrections groups; the Workhouse, Juvenile Center and the Adult Detention Center.
As a matter of fact if you peruse the arbitrator decisions at the BMS site you will see that no one in any county has received less then the employers last 0ffer. arbitration! http://mn.gov/bms/arbitration_awards.html
For an example here's the arbitrator's decision for us from 2012: BMS Case No. 12-PN-0697
As a matter of fact if you peruse the arbitrator decisions at the BMS site you will see that no one in any county has received less then the employers last 0ffer. arbitration! http://mn.gov/bms/arbitration_awards.html
For an example here's the arbitrator's decision for us from 2012: BMS Case No. 12-PN-0697
Here's a quote from that arbitration:
In the County’s view, MNPEA offered no compelling, different or special
circumstances that would justify the MNPEA’s offer and granting the MNPEA’s offer
would destroy the internal wage relationship that has existed for years with the County’s
other correctional officers not represented by the MNPEA, such as the Juvenile
Correctional Officers represented by the Teamsters and Correctional Officers at the Adult
Correctional Facility in Plymouth represented by AFSCME
So there you have it, the County's game in their own words from the last arbitration. Both the County Correctional Officers and the Juvenile Correctional Officers received steps, a 2.5% Cost of Living Adjustment (COLA) and 1% Market Adjustment for those at the top step only for 2014 and 2015.
The ONLY difference in the offers was that dispatch was to get a 2% market adjustment in 2014 only across the steps. The county still wasn't deviating from the 2% market adjustment, just giving it all to dispatch the first year and including those in steps.
I still firmly believe dispatch deserves the market adjustment across the steps, but so does everyone in our bargaining unit.
The County will have to offer the market adjustment in arbitration, and even if they didn't we would argue it...only higher to get us where we should be.
I'm still voting no.
In the County’s view, MNPEA offered no compelling, different or special
circumstances that would justify the MNPEA’s offer and granting the MNPEA’s offer
would destroy the internal wage relationship that has existed for years with the County’s
other correctional officers not represented by the MNPEA, such as the Juvenile
Correctional Officers represented by the Teamsters and Correctional Officers at the Adult
Correctional Facility in Plymouth represented by AFSCME
So there you have it, the County's game in their own words from the last arbitration. Both the County Correctional Officers and the Juvenile Correctional Officers received steps, a 2.5% Cost of Living Adjustment (COLA) and 1% Market Adjustment for those at the top step only for 2014 and 2015.
The ONLY difference in the offers was that dispatch was to get a 2% market adjustment in 2014 only across the steps. The county still wasn't deviating from the 2% market adjustment, just giving it all to dispatch the first year and including those in steps.
I still firmly believe dispatch deserves the market adjustment across the steps, but so does everyone in our bargaining unit.
The County will have to offer the market adjustment in arbitration, and even if they didn't we would argue it...only higher to get us where we should be.
I'm still voting no.
2 comments:
What is happening with the 12 hr day talk? How is this just coming to light now? Our lives were turned upside down a few years ago when we left the 6/3 schedule and went to the 28 days. I did not have a weekend or Holiday off for YEARS. I was able to remedy that by making a different sacrifice and going to a different shift where I would have the senority to get holidays and weekends. If the 12 hr day schedule happens, what about the members who are working the shifts they are due to family and daycare issues? The 12 hour schedule will out price me from continuing employment with HCSO, and my wife would need to quit her 16+ year job because both of the shifts would not work with her 5:30 am-1:30 pm schedule, and we all know daycares do not open as early as we need (not that it matters because paying for 3 kids in daycare is not doable on our salary). Not to mention, I would be losing weekends and Holiday's with my family. It was brought up in roll call by another steward, "get used to it guys, the 12's are happening." What are/can we do about this? How can this be, and what can be done once again, turning everything in our lives upside down?
It appears the Sheriff's Office was meeting since February with the Licensed Deputies, all while refusing to discuss schedules with us during contract talks. After the HCSDA endorsed Eddie Frizell for Sheriff rather than Rich Stanek, they suddenly are open to other schedule options. The 12 hour day appears to be the Licensed Deputy preference, the Detention Staff were never asked and now are being pressured to jump on board. Fear, not, a survey is going out to all of our members with the contract ballots so we know what OUR MEMBERS want and will go from there.
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