Corrections News & Views, vol. 6

A little glitchy, but here's another:

What happans if your employer violates Data Privacy?

Anyone who goes to Internal Affairs is required to sign a Garrity and Tenneson Warning.

Garrity protects your statements from being used against you criminally. Tenneson protects your privacy. Read my Internal Affairs Primer for more info.

So what happens when your employer illegally releases protected information? Ask the Minneapolis Police Department:


A Minneapolis police lieutenant since demoted to sergeant and his attorney will share a $75,000 settlement of his lawsuit that claimed the city defamed him and improperly disclosed news of his suspension. (Star Tribune)

Also read this Ohio case which discusses a Garrity violation:

In other words, a public employer or a public official, who compel an employee’s testimony but then violate Garrity by turning the statement over to the police or use the statement in criminal proceedings, could be held personally liable for violating the employee’s constitutional rights. This may be a powerful incentive for employers and officials, who utilize Garrity to compel testimony, to actually comply with Garrity.

Our own Sheriff's Office made the law books by violating 2 detention deputy's Garrity rights in State of Minnesota vs. Gault, Zielke. This case was upheld all the way to the Minnesota Supreme Court.

This is serious business.

Our 2 on 2 guard, compliments of Washington State!

READ who you are sitting with:


Gregory Bowles will be released today (Thursday) from the Washington State Prison in Monroe. He's served his time for severely beating a Bellingham man with a baton. But those who've worked with Bowles have concerns about his release. The concern is that he's still violent and may assault someone. Bowles will be monitored in a state program as he re–enters the community.

Gregory Bowles is 27 years old. He's been diagnosed as mentally ill. And recently, he's been suicidal.

He's one of 200 men and women currently classified by the state as a Dangerous Mentally Ill Offender or DMIO. After he's released from the Monroe Correctional Facility, Bowles will have two options. He could be sent to Western State Hospital for a three–day psychiatric hold. Or he could go to a hotel in downtown Seattle.

FULL STORY
State Plans to Release Dangerous, Mentally Ill Offender to King County

Teamsters 100 Year History

Rick Kuster has passed away

Detention Tech and former Union Steward Rick Kuster has passed away.

Visitation Wednesday 3:00 PM with services at 5:00 PM at SANDBERG FUNERAL HOME, 2593 E. 7th Avneue, North St. Paul. Social Gathering immediately following at Neumann's Bar and Grill in North St. Paul. 651-777-2600

Schedule Facts for Teamsters

There are lies flying around the jail that are causing division amongst co-workers both Detention and Licensed. I have written the following to clear the air:

Schedule Facts for Teamsters

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


Fact: Sheriff Stanek chose to put us on the 28/8 schedule against the wishes of the Teamsters Union.

Fact: Teamsters Union Steward Miles conducted an informal poll of our members regarding schedule choices including 12 hour days. The Administration would not consider at it.

Fact: Teamsters Business Agent Tom Perkins wanted to conduct an official poll of all Teamsters Local 320 members regarding various schedules. The response was, “This is not a negotiation. This is a notification.” We were told they wouldn’t even look at it.


Fact: During negotiations a few weeks ago we offered up several schedule options including 12 hour days, 10 hour days and 6/3. They were not interested in moving from the 28/8 schedule.


Fact: Both Hennepin County and Teamsters Local 320 have certified their contract items for arbitration. Hennepin County certified no changes for the schedule or language relating to it.


Fact: The Hennepin County Sheriff’s Deputy Association (HCSDA) is currently discussing a 12 hour day schedule with Hennepin County Sheriff’s Administration.

Lie: The Teamsters are standing in the way of a 12 hour schedule.


Fact: Sheriff Stanek could exercise inherent managerial right and place all job classes on a 12 hour day at any time, or return us to 6/3 if he chooses.

Fact: The Teamsters did not support the switch to the 28 day schedule. It was imposed by inherent managerial right. The Sheriff exercising that same right can change the schedule with the stroke of a pen.

Fact: This is Sheriff Stanek’s schedule.

Footnote: Those of you who are angry because you can't get a weekend off or even days off together remember this is NOT because we are standing in the way of a 12 hour day. It is because Sheriff Stanek took us off of 6/3 and placed us on this 28/8 schedule. A schedule used by no other jail in the country!

The Schedule: Employers Right

There is talk floating around about going to a 12 hour day. There are intimations that somehow it is up to the Unions to decide the schedule. Not so. Under both Labor Law and our Contract Sheriff Stanek with the stroke of a pen could put us on 12 hour days or return to 6/3 exactly like he put us on the 28 day schedule.

The Law:

A public employer is not required to meet and negotiate on matters of inherent managerial policy. Matters of inherent managerial policy include, but are not limited to, such areas of discretion or policy as the functions and programs of the employer, its overall budget, utilization of technology, the organizational structure, selection of personnel, and direction and the number of personnel. MS 179A.07 RIGHTS AND OBLIGATIONS OF EMPLOYERS.

Our Contract mirrors identical language in Artilce 6, section 1.

In other words we are on this schedule solely because the Sheriff wants us on it. He and he alone made that decision. It didn't matter that virtually no one wanted the 28 day schedule. To pretend they suddenly care about what schedule the employees want and to go through the charade of considering something else is disingenuous and a smoke screen.

Legislative Priority

The time has come for the passage of the CORRECTIONS OFFICERS BILL OF RIGHTS. In 2002 our B.A. Tom Perkins introduced the Bill in the Minnesota Senate. It has languished. In this, a year with no money, the time has come for its' passage. The language is similar to the Peace Officers Bill of Rights but applies to our profession. It's time we had the same protections given to cops. It's time to join forces with the State Corrections Officers on this and other vital issues. They make up 70% of Corrections Officers in Minnesota. The time has come to join forces in solidarity for our mutual benefit.

Funeral for Moriah Ann Cooper

Detention Deputy Cartrell Cooper's daughter, Moriah Ann Cooper has passed away. There is a card at work to express your support at this difficult time. For those who can attend:

The funeral will be on Tuesday March 22nd, 2-4 PM

Estes Funeral Chapel
2210 Plymouth Avenue North
Minneapolis, MN 55411-3600
(612) 521-6744

Primetime Vacation Update

With the advent of the 28 day schedule came another problem to solve. Primetime Vacations. Steward Westerdahl and I met with Hennepin County Labor Relations and the HCSO administration to determine what would be considered a 'work week' when putting in for Primetime Vacation.

Article 12, Sec. 4 of our Agreement says we can designate 1 to 3 consecutive 'work weeks' as Prime Time Vacation. There is no definition of 'work week' in our contract. Under the 6/3 schedule we had for 36 years a work week was 6 days. Which sandwiched in between two sets of days off gave you a 12 day vacation.

On the 28 day schedule you must put in and use vacation for every day you want off as there is no guarantee the other regular days off will be approved where you want them. If we decided a 'work week' was too short then it would have been difficult for people to get longer vacations because they will only allow 5 off for days and mids and 4 off for dog watch.

We decided on 7 days for several reasons. One it gives everyone an opportunity to get a real vacation. Two, its a division of 28 so more people have a chance of getting vacation time approved. Three, you only use 56 hours of vacation for seven days off. On the 6/3 you used 51 hours for six days off. Only a five hour difference.

Bottom line: If we didn't make a decision the employer would have made one for us.

Hopefully this works well for this year. If not we can revisit it next year.

Corrections News & Views vol. 5

Steward Election Results

The election results are in. Our two new stewards are:

Brian Peterson and Mike Smith

Current shop stewards are:

Wade Laszlo - Chief Steward
Jodie Hannig
Phillip Miles
Mike Nielsen
Ted Westerdahl
Brian Peterson
Mike Smith

Arbitration

We are at an impasse with Hennepin County and have filed for arbitration.

We are certifying 3 items and the County is certifying 1 item.

Teamster items:

1. Article X sec 4. Comp time changed from Employers choice to Employees choice.

The Sheriff would not budge on the next 2 items relating to Sheriff Stanek's 28 day schedule:

2. Seniority used to bid days off.

3. If schedule is changed after posting a 1.5% premium to be paid for previously scheduled off days worked.

The next item is from Hennepin County:

4. Article 7, sec. 4. Shift bid to become annual rather then bi-annual.

The Latest 1/30/10

Jail Admin has put out a memo raising vacation levels to 5 off for days and mids and 4 off for dogwatch. Definitely a step in the right direction. Since the Vote of No Confidence we have seen the posted schedule remain unchanged and a marked improvement in vacation time use. Solidarity!

Many are reporting getting documented counselling sessions for Pantel Zoom Camera use when they were not the ones setting the cameras. See a steward or email me at steward320@msn.com if this applies to you.

W2's are out. I got a call last night from another steward telling me the income reported on his W2 is about $2,000 more then on his last pay stub! Check yours. APEX? Let's see them explain this 'formula.'

2/3/10 we return to the table for another round of contract mediation.

Continue to watch this blog for updates. Don't hesitate to post here, you can do so anonymously. Feel free to email me at steward320@msn.com

Teamsters 1981 Strike against Hennepin County, part 3

Grievance filed over additional money owed detention deputies

On January 18th, 2010, I filed a class action (covering all detention deputies and techs) grievance for money due over hours worked over and above 2080 hours in 2009.

Article 3, Section 3 of our AGREEMENT reads:

Beginning January 2, 2000, employees assigned to a work schedule which requires them to work 2080 or more hours per year (e.g. 6-3 schedule with 8.5 hours of work per day) will not be required to work such makeup hours. Such employees shall be paid for 80 hours per payroll period, exclusive of overtime. Any additional amounts owed to such employees shall be paid at the end of each contract year. Employees on the 6-3 holiday schedule who are credited with working an 8.5 hour workday shall also attend 12 hours mandatory training as part of their normal schedule. In addition, all employees on this schedule shall receive holiday premium compensation for the hours actually worked on a designated holiday, as described in Article 11, Holidays. Employees working this schedule shall not be entitled to the 1.5% salary premium outlined in Article 3, Section 2 above.


By changing the schedule from 6/3 to 28/8 mid year caused most of you to work more hours while only being paid for 2080.

This is yet another "cost savings" of the 28 day schedule of which the Administration was warned. Almost every detention deputy should be owed money.

P.S. This clause is exclusive to the Detention Deputy Agreement. We put it in, in 2000 when we first got holiday pay in our first contract as Teamsters.

Media Bias

On December 15th 2009 a press release was issued announcing a VOTE OF NO CONFIDENCE IN SHERIFF STANEK. Among others, two of the local paper's reporters interviewed me, the Minneapolis Star Tribune and the St. Paul Pioneer Press. A total of 5 interviews between them.

Interestingly, the St. Paul Pioneer Press after much promise eventually said, "We don't cover stories on the other side of the river." The Star Tribune eventually told me, "I don't think our editor is interested in running it." OK, but wait.

One must ask why the Star Tribune has story after pro-Sheriff Stanek story, and story after negative story about Ramsey County Sheriff Fletcher "on the other side of the river." Could it be that Sheriff Stanek is a "source" of theirs? They accept story after story from him, many of which are good, but in return will not cover any negative stories about him even though he is a major politician.

No Confidence Votes are generally news. When the small police department in Oakdale voted NO CONFIDENCE in their chief the Star Tribune ran the story, Oakdale's police chief: Bully or 'by the book'?

When the Hennepin County Sheriff's Deputies Association took a vote of no confidence against candidate Stanek's rival Juan Lopez, it made the news. That's right, a politically motivated vote of no confidence against a candidate made the news!

All was relatively quiet between the two, even up to the primary, where Stanek captured 43 percent of the vote to Lopez's 24 percent. But afterward, the attacks began in the form of a press release from a group called the Hennepin County Sheriff's Deputies Association. The missive, which lists HCSDA president Pat Denman as a contact, notes that the association issued a "no confidence" vote in candidate Lopez. City Pages

In light of that one would think a VOTE OF NO CONFIDENCE by Teamsters Union members against the Sheriff of the largest County in Minnesota would be news, but alas, the media is biased. Whether it gets newspaper coverage or not doesn't change the facts of the VOTE OF NO CONFIDENCE IN SHERIFF STANEK. It also can't stop the Internet from spreading the word in blogs and on YouTube videos.

Teamsters 1981 Strike against Hennepin County, part 2

Teamsters 1981 Strike against Hennepin County

Corrections News & Views vol.4