Sheriff McGowan Retires

Sheriff McGowan is retiring to Arizona. We've had some big battles over the years, but I wish him well. An excerpt from a Star Tribune article ends with:

McGowan said he's not naive enough to believe that all of the more than 800 Sheriff's Office employees loved him.
"I just hope they felt I was fair and honest. Maybe not the brightest or best, just fair and honest," he said. "I would like that on my tombstone."

Does Hennepin County Encourage Lawsuits?

We've all heard the tales of the inmate brought to the jail who then complains about his treatment and then walks away with a fistful of dollars. Does this really happen? Well I visited the Hennepin County Board's site for the December 12, 2006 meeting and found this:

County Attorney Claims on behalf of:
(a) Michael Undlin (2)
(b) Triple L Transportation Inc.
(c) Harold Shepard 06-c226

I don't know who (b) or (c) are, but (a), Michael Undlin, was booked into our jail and was less then happy with his stay. He was able to obtain 27 hours of our internal jail video, apparently it's not considered protected (a great idea for anyone wanting to start a reality show huh?). Now he's found his way to father Hennepin for some taxpayer dollars.

Then there's the Philander Jenkins saga. He originally claimed four of our members sexually assaulted him. The case was investigated by the BCA, then sent to the Washington County attorneys office. The claim was proven to be false. In a rare moment Hennepin County went after Jenkins for filing a false report. Hennepin County was not able to convince the jury. One reason why may be found on the Communities United Against Police Brutality (CUAPB) website:

Philander^s cases--the cafe case and the arraignment on the "false" reporting charges--were in court last week. The county dropped one of the charges in the "false" reporting case right away, since HC jail staff aren^t officially "law enforcement" officers (since they must have known that, why did they charge him in the first place?).

If the CUAPB website is correct then the Hennepin County attorney's office dropped the ball right from the gate. If we aren^t officially "law enforcement" officers, then by whose authority do we perform our duties? Another fine example of Amy Klobuchar's work!

The bottom line is this, we perform our duties under the color of law on behalf of the citizens of Hennepin County. We process, or book in, people who are lawfully arrested by police officers. Every one who comes to jail is booked against their will. Unfortunately due to the County's propensity to hand out money rather then make these people prove they were wronged, only encourages this behavior. It's the old penny wise, pound foolish saying. It may be cheaper in the short run, but in the long run it's very costly, both to the taxpayers who foot the bill and to the detention deputies (corrections officers) who feel they get no backing from the county they serve. Our clientele are tenacious, Philander Jenkins is now going after our guys in civil court. I wish Hennepin County were as dedicated to defending us, as our inmates are in going after our money. After all, they apparently have nothing to lose for trying!

As long as Hennepin County keeps handing out money, giving away internal security tapes, and not backing it's employees, the taxpayers will keep hemorrhaging money to criminals who destroy the quality of life in their neighborhoods.

Normally I don't publicly comment on ongoing cases, but hey, this stuff is already published on the internet, so as far as I'm concerned it's fair game.

The Stanek Administration

Sheriff Rich Stanek has named his new administration. Here's the line-up:

Chief Deputy- Orono Police Chief Stephany Good

Inspectors:
Cooper
Merkel
Jeff Storms- Current HCSO Lieutenant
Minneapolis police Lt. Mike Carlson

Blood Borne Pathogens Report

As many of you know we wrote, lobbied and got passed the Blood Borne Pathogens Bill some time ago after an inmate refused to give a blood sample to be screened for disease after exposing one of our members. The Hennepin County Sheriff's Office had one and a half years until the bill took effect in July of 2006. That date came and went without the Sheriff's Office having a plan for implementing by July 1 as stipulated by the law.

The reason we wrote this bill was to prevent what is still occurring. A detention deputy gets a significant exposure to an inmate's blood or body fluids, the inmate refuses to give a blood draw, the detention deputy is then left with the choice of taking several months of medications guaranteed to make them sick and tired, or roll the dice and hope they didn't get anything.

On Monday December 4th our business agent Tom Perkins and myself met with Captain Wresh and County Attorney Beitz to get things moving. I believe progress was made. Obviously our concern is getting the Sheriff's Office to apply this law to protect our members. They are figuring out the proper procedures. The county attorney seemed to struggle with the "constitutional" issues. I guess I'd be more worried about being sued by a member that the Sheriff's Office failed to protect. With any luck, this should be up and running soon.

Inmate Dies of Excited Delirium

A Ramsey County workhouse inmate who died after struggling with guards earlier this year suffered a fatal condition known as "excited delirium," officials said Wednesday.

Read whole story at Star Tribune

November Update

These are some of the issues we are currently dealing with:

1) A ten day suspension of an SRT member is going to arbitration.

2) The unilateral pulling of our breakfasts is headed to arbitration as a past practice violation.

3) We are working to get the Sheriff's Office to implement the Blood Borne Pathogens Bill that took effect July 1st, 2006.

4) We are representing a few members in internal affairs investigations.

Reminder: There are 65 cameras and an unknown amount of microphones monitoring our every move and word 24 hours a day. These can, and have been obtained by the public.

Important:
Do not go to Internal Affairs without a steward.
Do not talk to an investigator without a Team Legal lawyer.

Hoffa Wins Again!

James Hoffa has won another term as General President of the International Brotherhood of Teamsters. I look forward to another term of his excellent leadership.

Click on the link below for results:

http://www.teamster.org/resources/election/electionresults.pdf

and this one for a breakdown by Locals:

http://www.hoffa2006.com/splash.html

Rich Stanek Wins Hennepin County Sheriff's Race

Rich Stanek has won the race for Hennepin County Sheriff. Come January he will occupy room 6 as our new boss. There will be a learning curve for Sheriff Stanek. There are marked differences between a police agency like the MPD he comes from, and the functions of the Sheriff's Office. Let's work together to make this a smooth and fruitful transition.

Juan Lopez Invitation

Click on image for full size!

Click here for more info on Lopez for Sheriff

Walking the Line With Mesaba's Unions

Today I took a day off of work and spent it walking a picket line with the Mesaba Labor Coalition, which includes the Air Line Pilots Association, the Association of Flight Attendants-CWA and the Aircraft Mechanics Fraternal Association. There were about 150 people protesting Judge Kishel's ruling outside of the federal courthouse in Minneapolis. There were Teamsters like myself, as well as UAW workers from the Ford plant in St. Paul, people from the Restaurant Workers Union and pilots from Northwest and other airlines, and probably others I didn't recognize.

Why? I don't work for Mesaba. How does this affect me? It affects all working Americans! The right to strike is a fundamental of the labor movement. Judge Kishel voided the union's contracts with Mesaba. Then when Mesaba stated they wanted the unions to cut their wages by 17.5% the unions threatened to strike. Judge Kishel then decided they could not strike! What would happen to a union worker if they disobeyed this ruling? They could be jailed! Let me paint the picture crystal clear. The government voids your contract, your bosses say they're cutting your wages, and the government further strengthens management's hand by threatening to jail you if you don't go to work! This has to be stopped in it's tracks. The right to strike is not some privilege granted by the government. It's what working men and women do when they've had enough.

Working people understand tough times and having to tighten belts. However those cuts need to be negotiated. If the employees need to cut back, then so does management. The sacrifice needs to be equitable. Too many time we see employees taking pay cuts and management getting bonuses. The right to strike is a great equalizer. Judge Kishel wrongfully took that right away leaving management in total control.

In 1886 union members died in the Haymarket Riot in Chicago fighting for the eight hour day. Even the 13th Amendment to the U.S. Constitution reads, Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. If judge Kishel's ruling doesn't equate to involuntary servitude, I don't know what does.

Being a union member is about more then just our bargaining unit. It's about securing living wages and good benefits for all workers. We must stand together or be picked off alone. We've had two decades of the government and companies telling workers they didn't need unions. What did we get? Jobs being outsourced to other countries. Good paying union jobs being replaced by Walmarts paying substandard wages with no benefits. We've seen small raises being out paced by rising health insurance costs. All while the health insurance executives walk away with billion dollar umbrellas. Now today we have federal judges ruling workers can't strike even when their contract has been voided. It is time for America's workers to wake up, organize and fight back.

One final note. At todays rally I saw not one politician. Not one of these politicians asking for, or touting the Labor Endorsement. Listen up, the Labor Endorsement doesn't just mean free mailings. It means you stand with us. If you don't, we'll find people who do!

Support Mesaba Protesters

Last week U. S. Bankruptcy Judge Gregory Kishel threw out the union contract of Mesaba airline employees. The company wants to cut their wages by 17.5 %. They were going to strike but yesterday U. S. Bankruptcy Judge Gregory Kishel ruled they could not.

This is a serious thing. A contract voided and then the employees right to strike denied.

Mesaba's union employees are staging a rally on Thursday October 26th at the U.S. Federal Courthouse in Minneapolis at 11:30 AM. They are asking for a show of support from other unions. If at all possible please attend and show your solidarity. The government's anti-union, anti-worker action has to be stopped.

"We will not stand for this injustice," said Captain Tom Wychor, chairman of the ALPA unit at Mesaba. "Under the law, if your contract gets rejected, you don't have to perform under that contract. No bankruptcy court has recognized any exception under the statutes until today." -Workday Minnesota

NLRB UNDERMINES WORKERS' RIGHTS

FOR IMMEDIATE RELEASE
October 03, 2006
CONTACT:
Sarah Massey
(202) 445-1169



NLRB UNDERMINES WORKERS' RIGHTS

WASHINGTON, DC – In a series of cases widely viewed as among the most important the National Labor Relations Board (NLRB) will decide this decade, the Board ruled to undermine workers’ rights to union representation. The Bush Board’s new definition of supervisor significantly departs from past interpretations and could have the result of depriving millions of workers the opportunity to choose to unionize because they are classified as a supervisor. It is yet another decision by the current Board that sides with business, directly against the interests of workers, and that explicitly professes to be unconcerned with the far reaching consequences of its interpretation of the National Labor Relations Act (NLRA).

“This decision continues the Labor Board’s alarming trend of eroding workers’ rights in America,” says Mary Beth Maxwell, Executive Director of American Rights at Work, a workers’ rights advocacy organization. "In the last few years, the Bush-appointed Board has utterly failed to do its job and protect workers’ rights."

In 2001, the Supreme Court rejected the Board’s method of determining supervisory status in the Kentucky River case, forcing the Board to reexamine the issue. In three cases, Oakwood Healthcare, Golden Crest Healthcare, and Croft Metals, the Board tested the determination of who is a supervisor. Under the new test as explained in the Oakwood decision, the assignment of routine tasks is sufficient to confer supervisory status, even if the assignment is a reflection of professional judgment and even if the employee in question has no input into the general allocation of work assignments.

Dissenting Labor Board members aptly expressed their grave concern about the ruling, stating that, “The result could come as a rude shock to nurses and other workers who for decades have been effectively protected by the NLRA, but who now may find themselves treated, for labor-law purposes, as members of management, with no right to pursue collective bargaining or engage in other concerted activity in the workplace.. ..The majority’s decision thus denies the protection of the Act to yet another group of workers, while strengthening the ability of employers to resist the unionization of other employees.”

American Rights at Work strives to inform the public about the NLRB, the federal agency that makes critical decisions affecting workers’ lives and freedoms. Through its website feature, “Workers’ Rights Watch: Eye on the NLRB,” the labor policy group monitors and publicizes the insufficiency of U.S. labor law to ensure employees the freedom to exercise their legal rights to organize. With these rulings decided, workers now anticipate similar judgments in the 135 cases pending at the Board.

###
American Rights at Work is a leading labor policy and advocacy organization dedicated to educating the American public about the barriers that workers face when they attempt to exercise their rights to organize and engage in collective bargaining.

Keith Ellison Speaks For Terrorist Organization!

On October 14th Keith Ellison went to Florida to be the keynote speaker at an event sponsored by the Council on American-Islamic Relations (CAIR). According to a FrontPage magazine article this organization has already raised between $15,000-$20,000 for his campaign. In a separate FrontPage article they describe Mr. Ellison's association with CAIR and describes "CAIR’s ties to the terrorist organization Hamas, given the fact that four CAIR representatives have previously been charged by the U.S. government with terrorist activity, and given the fact that CAIR is being sued for its role in the attacks on 9/11."

Powerline also has a great article on CAIR and Mr. Ellison. They report that, "The Council on American-Islamic Relations or CAIR was founded by three leaders of a front for the terrorist organization Hamas, in June of 1994....and Four of CAIR’s officials have been charged with terrorist activities, in relation to Hamas and Al-Qaeda. Two of those officials are behind bars in the United States; the other two have been deported."

Do not support terror! If you live in the fifth district vote for anyone but him for congress!

When to Talk & When Not to Talk

The nature of our profession requires us to use force and compel inmates to do things they do not want to do: Get booked in, go to court, etc. Many inmates we deal with are drunk, high, or just plain angry. Not to mention the large percentage that are mentally ill. Often they have agendas, such as manufacturing a tale of abuse to collect money.

Good documentation is your best friend. A well written report right after a use of force incident can go far to dispel a false accusation. While most of our facility is under video and audio surveillance, the recording isn't always your friend. Often the camera angels are poor and obstructed by either things in the facility or other people. The audio isn't always great either. In some places it's so good it can pick up a whisper, but in others it sounds garbled. Concrete and steel can make for poor acoustics. In intake by the BAD cells, only the interior of one cell is visible on camera. So an inmate can sound as if he's being "abused" on audio, when in reality nothing wrong is going on, or the sounds are actually coming from another inmate in another cell.

If you get called into a supervisors office to be questioned, ask if this conversation can lead to discipline. If the answer is yes, you have the right to a steward. This is your Weingarten right. The same goes for Internal Affairs (I.A.). Never go without a steward. The steward can provide moral support, act as a witness, and make sure your rights are protected. In internal affairs you will be asked to sign a Garrity warning. The Garrity warning waives your 5th amendment right to remain silent, but in return anything gleaned from your statement can only be used for internal discipline, not criminally against you. You must talk in internal affairs, and you must be truthful.

Outside investigations: You do not have to talk. I advise you never to talk until you have consulted with a Team Legal attorney. All statements made to an outside investigator can be used against you both criminally and internally. Remember too, a detective can legally lie to coerce you to talk. They can say others have said something they have not, they can pretend "this is no big deal, I'm just tying up loose ends." In short they can lie. Often our attorneys recommend not making a statement at all. The burden is on the investigator. You cannot be ordered to talk to an outside investigator. You cannot be punished or harassed for not talking to one.

Know your rights. Know when to talk and when not to. In my experience, the investigator (I.A. or outside) often has a preconceived idea of what happened, and sometimes the administration wants them to find someone to blame. You always have the right to have a steward present if it's an I.A. or a conversation that could lead to discipline, and you always have the right to an attorney and a steward if it's more then a disciplinary hearing. The attorney will protect your legal rights and the steward will protect your contractual rights. Don't be naive. The union has your best interest in mind, an investigator and the administration may not.

Teamster Scholarship Open

The Harold Yates Scholarship is available now for Teamster members. If you have a high school senior with a B average click here: Scholarship

The scholarship competition begins October 1st of each year, with an application deadline of February 15.

Walmart fined for violating labor laws.

Just another reason why union people should avoid Walmart, these are excerpts from a NY Times article:

PHILADELPHIA (AP) -- Wal-Mart Stores Inc., the world's biggest retailer, must pay at least $78 million for violating Pennsylvania state labor laws by forcing employees to work through rest breaks and off the clock, a jury said Friday.

''One of Wal-Mart's undisclosed secrets for its profitability is its creation and implementation of a system that encourages off-the-clock work for its hourly employees ...''

Interestingly Wal-Mart Stores, Inc. shows a revenue of $312.4 billion so far for 2006! They are a prime example of what business will do if unchecked by organized labor. Trickle down economics don't exist for their employees. Don't reward Walmart by shopping there.

The Hoffa Slate is good for you!

"WTF!"

So let me see, once again we have an inmate lie and make false accusations against some of our members. The inmate recants, but yet our members must still be investigated. The last one, Philander Jenkins, ended up being acquitted of his charge of filing a false report, because apparently that only applies if they complain to the cops, not the "Sheriff's Office" internal affairs. But when an inmate exposes our members to blood and body fluids our impotent county attorney, Amy Klobuchar, can't seem to charge all but a fraction of the inmates, and even then the charge usually gets dropped or plead away or at best the inmate gets only 90 days for a felony 4th degree assault on a correctional officer. Speaking of correctional officers, after one of our members got exposed to an inmate's blood a couple of years ago and the inmate refused to give a blood draw, we, Teamsters Local 320 lobbied for and passed the Blood Borne Pathogens Bill. It took effect July 1st, 2006 and enables our facility commander to order a blood draw if the inmate refuses to voulntarily give one after one of our members has a significant exposure, but of course that hasn't been enforced either because they're not sure the phrase "corrections officer" applies to us. Why would it? We only wrote the bill!

Where is our protection? Why doesn't Amy Klobuchar charge out complaints when our members are assaulted? Why is it that even if you get falsely accused by an inmate you are in deep trouble, but when an inmate assaults you with shit, piss, blood or spit no one knows if the laws apply?

This is not over. It is not part of our job to be assaulted either physicaly or with blood and body fluids. It is not part of our job to be falsely accused of crimes. We are not the criminals. Apparently the powers that be fear violations of inmate's rights, well they better start being afraid of violating our rights or standing idly by and allowing that from inmates. We are working to get these laws enforced. As Chief Steward I advise you, do not give a statement to internal affairs without a union steward present. Do not talk to a supervisor without a steward present if it could result in discipline. These are your legal rights under Weingarten.

Do not talk to an outside investigator without a Team Legal attorney present. A statement to an outside investigator could lead to criminal and civil charges as well as internal discipline. Just say no! This is your 5th Amendment right. Call Team Legal. These are your rights as a union member.

Strikers rehired with backpay!!

Supreme Court sides with Detroit newspaper workers fired in '90s strike
Associated Press
Last update: October 02, 2006 – 11:06 AM

Public Employees & Political Fees

Supreme Court jumps into dispute over labor union fees in Washington state Associated Press