Locker Search grievance moving to step 2

Jail administration did remove counselling sessions from the files of employees as a result of the locker search, however they will not give assurances to allow employees to be present during future locker searches. 

In light of that I have instructed our attorney and business agent to move the grievance to step 2.

Is it worth what they are paying?

Here's how the Hennepin County Jail stacks up:

241 use of force incidents in the jail division in 2013

18 assaults on staff in 2013

Lowest paid jail in the seven county metro area

Grievance Filed-Locker Searches

On Friday May 16th a search was conducted on all of our lockers. No employees were present during the search of their lockers.

A class action grievance was filed May 21st.

The reason for the search may have been legitimate but, the execution violated their own policy P & P 8-2100 and probably the 4th Amendment.

Considering how quick staff is written up for violating policy, one would think they would consult their own policies before doing that.

Anyone who receiving discipline as a result of that search, find a steward and file a grievance.

Here's a related article I found in Police Chief Magazine entitled,

When Does an Employer’s Search of Employee Work Areas Violate Privacy Rights?

By Lieutenant Kim Wilson, J.D., Portsmouth, Virginia, Police Department    (Click on title for full story) overnment employers are sometimes faced with conducting searches of their employee’s work areas. When doing so, they must understand the level of privacy public employees legitimately expect in those areas. Can employers search an employee’s office, desk, locker, or assigned vehicle? When is it reasonable, if ever, to search an employee’s purse or briefcase? In answering these questions, courts have established that an employer must first determine if the employee has a reasonable expectation of privacy in the property searched and then determine if the search’s purpose outweighs any of the employee’s Fourth Amendment privacy interests. and Practical Considerations It is recommended that employers establish and post policies informing their employees that their work areas are subject to search. They should state clearly that employers have the right to search, for legitimate business purposes, county-, city-, or state-owned vehicles, equipment, desks, file cabinets, and so on; they should also encourage employees not to store personal items in these areas. Such policies will lessen employees’ expectations of privacy. Chiefs should remember that even if an employee can assert a reasonable expectation of privacy, a public employer can meet the burden of showing the search’s reasonableness through a combination of factors. These include reasonable suspicion of misconduct, a lowered expectation of privacy because of accessibility, or a reliable coworker tip of misconduct. The final lesson of these cases is that before conducting a workplace search of employee lockers, offices, files, or other areas where employees might have a legitimate expectation of privacy, employers should ask whether the need for such a search outweighs employees’ privacy interests and if the search is related to an investigation into suspected employee misconduct and limited to those areas where they may find evidence. ■

Locker Searches and Other Updates

LOCKER SEARCH

On Friday May 16th management searched all of our lockers. I brought this up at our Saturday roll call. This seems to violate their policy, Employee and Contract Worker Searches 8-2100

"An employee or contract worker shall be allowed to observe the search of of his or her property." Policy 8-2100 (g)

I also forwarded this to our attorney to see what case law says about this.

CONTRACT NEGOTIATION UPDATE

Our next Contract Mediation date is June 16 at the Bureau of Mediation Services. Hopefully our pickets and talk to the Hennepin County Board will have made a difference. 

MNPEA address to Hennepin County Board May 13, 2014

 On May 13, 2014 we again showed up at the County Board meeting with signs. Our goal was to address the County Board during open forum. Because we didn't get off of work until 2 and 2:30 we missed the open forum. I was able to explain this and the board graciously allowed us to speak. I only hope they are as gracious in considering our message.

Fla. CO sexually assaulted in Florida Pre-Trial Facility

What happened to the PREA?

Next Picket

NEXT PICKET

TUESDAY MAY 13^TH

1 PM TO 3:30 PM

24^TH FLOOR HENNEPIN COUNTY GOVERNMENT CENTER

MEET AT 1 PM IN THE GOVERNMENT CENTER by the 2nd floor fountain.

MIDS IF YOU ARE WORKING STAY AS LONG AS YOU CAN.

 DAYSHIFT, COME TO THE 24^TH FLOOR WHEN YOUR SHIFT ENDS.

May 6th Picket, Hennepin County Board and Sheriff''s Office

T

Thanks to all who showed up, Detention Deputies, Dispatchers, Techs and Clerks.

We will be back at the Hennepin County Board meeting on May 13th to address the Board.

Please come out in force.

Picket Hennepin County, May 6th