Sick Time Arbitration

Arbitrator Crump has found in favor of the employer for our sick time arbitration.

His decision in BMS case 12-PA-0846 is:

            After study of the testimony and other evidence produced at the hearing, on the arguments of the parties (in post-hearing written briefs) on that evidence in support of their respective positions, and on the basis of the above discussion, summary of the testimony, analysis and conclusions, I make the following award:

1.            The Employer established a reasonable attendance policy;

2.            The Counseling the Grievant was within the bounds of the CBA and the Law; and

3.            The Union Grievances is DENIED in full as set forth herein.

The Union's main position was that the new Lexipol Policy on Sick Leave violated the Contract by suddenly making use of 96 hours of sick time in a rolling 12 month period "abuse" of sick time, even if such use was for purposes allowed in the contract, or even pre-approved. The Union's position was that if the Employer wanted a change to the Sick Time language in the contract it should be negotiated, not just issued as policy and then applied RETROACTIVELY one year.

The Employer's position was:

Mathisen testified that what lead to enactment the 2011-Sick Leave and Attendance Policy were two-fold: first, sick leave usage was very high, especially in the jail, and with that goes a premium  over-time costs being paid for sick leave usage, and secondly, moral among some employees who were continually being drafted to cover a shift in the jail at a cost of one-and-a half time the salary.

...The main purpose of the Policy states that attendance is an essential function of every job in the Sheriff's Offices, absenteeism reduces the efficiency of office's operations, costs the County and it's taxpayers money, and requires co-workers to do the work of absent colleagues.

The Employer called William P. Peters (Peters), Director of Labor Relations. Peters testified that he has worked 34 years for Hennepin County and 13 years in the current position as Director of Labor  Relations.

Peters testified further on the subjects regarding Employer Authority,11 Article 6, and Complete Agreement and waiver of Bargaining, Article 24, in the current Contract. He pointed out that the relevance of those two Articles is axiomatic in Labor Relations to understand that Management has nearly unlimited rights to establish the terms and conditions of employment unless those terms and conditions are specifically modified or abridged by the Labor Contract. 

While I am disappointed in the Arbitrator's award I am again dumbstruck by the employers constant negative attitude towards its' employees.

To make a policy and enforce it retroactively leaves me dumbstruck. Then to further dig in their heels to the point of arbitration rather than to negotiate.

I find it even more amazing that the reason the employer cites for this retroactive sick leave policy was a concern over, " premium  over-time costs being paid for sick leave usage, and secondly, moral among some employees who were continually being drafted to cover a shift in the jail at a cost of one-and-a half time the salary."

Yet even though we are the largest jail in the State of Minnesota, we are the lowest paid Detention Deputies in the metro area. Even their low ball contract proposal we are currently voting on will keep us there. The low pay has led to staff shortages, overtime and drafts, and is only getting worse. As far a "moral among some employees," the low pay, wage freezes and 28 day schedule eliminated that years ago.

I believe the citizens of Hennepin County are in for a public safety crisis this summer when the scores of Hennepin County Detention Deputies and 911 Dispatchers, who are currently being back-grounded, move on to other better paying jobs.

Then let's revisit overtime costs and moral among employees.

Hennepin County Dispatch-State of the Union

Ground Breaking for new $30 Million Dispatch Center

This is a post from one of our Hennepin County Dispatchers who is also a MNPEA Union steward. As most know Hennepin County is building a brand new $30 million dispatch center. Unfortunately the dedicated people who are to staff it seem to have been left out of the budget. This is his post:

Morale at Hennepin Co Sheriff's Radio is at an all-time low.   Retention of current staff is the main challenge.  Maintaining staffing minimums has resulted and dispatchers getting forced overtime sometimes 3 of their 4 days of a rotation.  Same goes with getting forced to come in on your days off.  Time off is taken for granted.  For those that would like to take time off, the rule is only one dispatcher , no matter what shift, will be granted time off for vacation per day unless it's during prime time vacation (Memorial Day-Labor Day and The Holidays).  Hard to take vacation days that we earn.  Dispatchers at their contractual vacation cap balance of 280 hours cannot take a day off they prefer but one that works out best for management.  Staffing shortage burdens are solely on the current dispatch staff and not management.  Management could help the situation some but refuse to.  We have first line supervisors that are able to be call-takers but downtown won't let them be a part of the minimum staffing equation.  Even when doubled up, they can't help.  We even have first line supervisors that cannot ' do the dispatch job' but get paid considerably more than others.  

Years ago, during hiring times, there used to be a long list of applicants especially those with years of 911 dispatch experience.  Now, we hardly get anyone thats been a public safety dispatcher before.  Raw recruits that have a 50% chance of making it through  the coaching program. 

We are the hardest working group in the Sheriff's office and have been for quite a few years living without any wage adjustment or cost of living raise.  We are doing more with less.  We have become specialized and not compensated for the important skills acquired (CJIS, Fire Dispatch Core, training) .  We've acquired the city of Brooklyn Center that has dramatically increased our workload with no help from downtown.  

We are building a new 911 communications center in Plymouth due to open later this year.  Along with that,  we will begin dispatching for Golden Valley.  More work ahead facing the same staff shortages and still our 2014/2015 union contract has yet to be settled.

Morale is so bad, new hires come and overhear or see some of the issues we face and leave before they complete training.  There have been quite a few dispatchers that have left for other agencies that pay their dispatchers better.  Some  have left for North Memorial Ambulance, HCMC EMS, Metro Transit or other 911 centers in the metro.  Hennepin County used to be in the top 3 for pay in the metro area.  We have now fallen behind that we are the lowest, if not the lowest paid dispatchers in the 11 county metro area while being the busiest per dispatcher metro-wide.  Chances for promotion are limited.  You can only be promoted to Telecommunicator Sergeant and nothing further.  Other Comm Centers let their civilian staff be able to rise to levels not heard of in Hennepin County.    Dispatchers do not get any formal breaks and if you listen to a police radio or call 911 during normal meal times, you'll probably hear a dispatcher talking with food in their mouth because we have to eat at our workstations and work at the same time.

HCSO has made great strides department wide the last few years except in their 911 call center.  Overworked, cramped, and not appreciated dispatchers is one last area of improvement needed to make HCSO a good well rounded agency.  Training is virtually non existent.  There never is any worthy money set aside in the radio budget for training.  Resources have been taken away from dispatch staff also.   

We do a darn good job but we could be so much better had we had better working conditions.  An agency similar to ours was recently featured on a local news story about 911 call response.  It was learned that in that particular agency, 911 calls have routinely been missed or have had callers have to endure long waits for someone to answer emergency requests.  At Hennepin County Dispatch, a call for service , no matter if it's a 911 or non-emergency, is never, ever missed.  Hennepin Dispachers as well as our union brothers and sisters at the Hennepin Co Jail are the HARDEST workers in the sheriffs office.

Aaron Coates

Serving since 1990.

911 Dispatcher and Union Steward