12 hour days?

I came back from vacation last week and landed in the land of the 12 hour day scuttlebutt. 

Background

5 years ago the Hennepin County Sheriff's Office took us off of the 6/3 schedule, and with the pound of a fist put us on the 28/8 schedule.

For 5 years the Sheriff's Office  REFUSED to discuss or entertain other options. As recently as a few weeks ago at negotiations with MNPEA Detention Deputies and Dispatchers they again refused citing, "employer right."

For some very relevant background read my post form 2005, Schedule Facts For Teamsters (we were Teamsters then.)

It seems an odd coincidence that once the HCSDA endorsed challenger Ediie Frizell for Hennepin County Sheriff that the current Sheriff is suddenly interested in changing from the unpopular 28/8 schedule.

All of the sudden there's a steamroller blazing the way to a 12 hour day. 

Fact 1

While refusing to talk to MNPEA Detention Deputies about alternate schedules for 5 years, a letter from Chief Deputy Carlson reveals they have been discussing just that with the HCSDA (licensed deputies) since last February!

They then added some Detention Deputies to this committee a couple of weeks ago, that as far as I can tell is only interested in a 12 hour schedule and how best to implement it. THERE WAS NO SURVEY OF DETENTION DEPUTIES! It is a piggyback onto seven months of licensed deputy talks. When I questioned Sheriff Stanek about this when he addressed us at a "meet and greet" on July 29th he said, "If it's good for the licensed deputies, it's good for detention, right?" 

Not so fast.

In an effort to find out what schedule preferences our members want a survey is going out with the contract vote ballots this week. We want to know what you want. To be sure some want 12's and some don't. To properly represent we need to know.

Bum Rush

Major Storms told the committee that they need an answer by this Wednesday. According to one of our stewards, when informed that the survey being mailed out wouldn't be back by then, Major Storms said to just verbally ask our members, because they needed to know it by Wednesday in time to implement the shift bid.

So for five years they won't discuss the schedule now they want an answer pronto. 

Sounds more like they are trying to appease themselves and implement a new schedule like they did the 28 day, but if it proves unpopular they can say, "This was the Union's idea."

Fact 2

The schedule is an inherent managerial right. (Minnesota State Statute 179A.07, Agreement Article 6, Sec. 1.)

The Sheriff can put us on whatever schedule he sees fit. Any schedule is ultimately the Sheriff's.

However,

That schedule must fall within the guidelines of the contract.

Here's what our contract says:

ARTICLE 10 - WORK SCHEDULES - PREMIUM PAY 

Section 1. This Article is intended only to define the normal hours of work and to provide the basis for the calculations of overtime premium and other premium pay. Nothing herein shall be construed as a guarantee of hours of work per day or per week. 

Section 2. A payroll period shall be an averaged eighty (80) hours. 

Section 3. Work shifts, work breaks, staffing schedules and the assignment of employees thereto, shall be established by the EMPLOYER. 

Section 4. 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
(bold type mine)

As long as a 12 hour schedule equals 80 hours a pay period, the Sheriff can impose it. The problem is every pattern I've seen laid out in the string of emails is 84 hours a pay period. That's an increase of 104 hours a year more at work.

There are two ways around it. One, pay that extra 4 hours as time and a half or make one workday every two weeks an 8 hour day.

Problems

1).There is an idea floating around that the union can just get a Letter of Understanding with the Sheriff to make the extra 4 hours a pay period straight time. That is not true. It is solid contract language and as such can only be NEGOTIATED at contract time. They let that window pass, and the next time that can be opened is in 2 years, but hey, for the last 5 they had no interest in discussing it.

2).The cynic in me can see the Sheriff claiming the 12 hour day can't work without concessions, concessions that can't be made outside of contract negotiations, and then blaming the Union because it couldn't work. I suspect this is a ploy to either feign wanting another schedule or a ploy to get your first 104 hours of overtime at straight time.

3). According to steward Phil M., Major Storms said that 16 hour days were a possibility if we were short.

4). Drafts on days off are possible. Currently at Dispatch they are on a 10 hour day schedule, 4 on 3 off. Well, not exactly. Due to short staffing they work overtime almost every day and are often forced to work 1 and sometimes 2 of their days off. This could happen to us if we go to 12's.

Reality is, going to 12's would be a hardship to anyone with kids in daycare, anyone who wants to attend their kids activities and anyone trying to go to school.

If implemented as I've seen emailed, you would be at work 104 more hours a year than now. There are 80 hours in a pay period, that's almost two and a half weeks MORE time at work!

At first there would be little to no overtime. Then the extra deputies would be transferred to the very short Courts Division.

Again, OK at first.

Then as staff continues to leave due to low pay, and maybe some due to the 12 hour day our compliment will fall.

Now add in some 2 man hospital guards, sick calls, and prime time vacation and you have 16 hour days and drafts on days off. Suddenly you aren't off, "half the year," as I hear some proponents saying.

Speaking of sick time, vacation time and holidays. This is how it would work with current contract language. Which again, can't be changed for 2 years if they actually choose to negotiate.

If you call in sick you will burn 12 hours a day. If you stay home 2 days to care for a child with the flu you just burned 24 hours. It'll take you 3  months to get that back, and let's not forget how quickly you will hit their 96 hour sick time limit.

If you take a vacation day, again you burn 12 hours.

Sick and vacation accruals WILL NOT CHANGE. It is a county wide benefit and accrues as hours, not days. 

Holidays would work like this. If you work a Holiday you would get paid 12 hours at time and a half and still get only 8 hours of either Deferred Holiday or Deferred Holiday paid out.

If you took the Holiday off, you would receive ONLY 8 hours of Holiday pay. I don't know how the other 4 hours would be accounted for. 

These are just some of the problems I see with a 12 hour day. 

I will not hide the fact I am no fan of 12's, but if the survey comes back and a majority of our members want it, as a steward I will support you.

I just want you to go in with both eyes open.