LEAP's (Law Enforcement Against Prohibition) California ad

June Update

The grievance I filed regarding changing into uniforms on the clock has been denied again. The county is citing the FLSA and says because the Waseca decision was based on FLSA not our contract they are under no obligation to go to arbitration.

Compare this to a recent Department of Labor ruling: DOL Reverses Its Position On Donning And Doffing "Protective Equipment" In Union Setting June 18, 2010 11:49, and IBP v. Alvarez, 126 S.Ct. 514 (2005). This should prove interesting.

This has been returned to Teamsters Local 320 for further action. Probably court. Several other metro area jails have done the same thing.

Dave B. has filed a grievance on behalf of the techs regarding the rate their overtime is calculated (they fall under FLSA for OT). This is going to step 2.

The state still has not given us a date for our contract arbitration.

MNA Nurse's Strike Solidarity

Fact or Fiction?

The Star Tribune has an excellent article about the now defunct Gang Strike Task Force.

There's enough sludge to chew on for a while, but one of the more interesting segments deals with the information or misinformation, coming from the HCSO:

Hennepin County Sheriff Rich Stanek, who with Campion backed the inquiries that brought the Strike Force down, says his department did not rely on the unit, "and now that they are gone, we do not miss them."

Stanek created a countywide antigang strategy with assistance from suburban police. He said violent crime in the county is down 29 percent.

Really? But wait in the same article:

In Minneapolis, though, homicides rose from four last year at this time to 21 so far this year. While violent crime is up over last year, it is "well within the average range for the past five years," said Deputy Police Chief Rob Allen. The increase still is unacceptable, he said, and the city is working hard to reduce it.

Which part is fact and which part is fiction?

Seriously, either violent crime is down or it's up. Or perhaps Minneapolis is no longer part of Hennepin County.

I know the administration reads this blog, please post on it and back up the claim.

The Labor Movements' hypocrisy

As all of you know I'm pro-labor. The labor movement is big, millions and millions of men and women. Big enough that there is always going to be differences of political opinion. That's all well and good. But when large unions with millions of members dollars play both sides of the fence, then this Teamster has something to say.

Two big players in the Change to Win Coalition are the Teamsters and the SEIU.

Workday Minnesota is reporting the story:UFCW, SEIU lead suit against Arizona immigration law. The UFCW and SEIU are pro-illegal immigration and pro-NAFTA.

On the other hand the Teamsters Rally to Keep Border Closed and Teamsters Oppose Trade Deal That Sells Out American Workers. The Teamsters are against NAFTA, especially the trucking laws allowing Mexican trucks on US highways.

The SEIU even protested our Teamsters shop, the Hennepin County jail recently because we hold illegal aliens for ICE. Imagine that, one Change to Win organization protesting another for doing their job!

So I'll discuss the elephant in organized labor's room. On the one hand we have the Teamsters wanting out of NAFTA and secure borders and on the other hand the SEIU wanting open borders and bleeding US jobs.

How can Change to Win simultaneously hold these two views. On the one hand secure borders and jobs and on the other not only supporting NAFTA but even allowing workers to illegally enter the US and take jobs from US workers.

Well, which is it? Is this about internationalism or U.S. jobs? Put me down for U.S. jobs.

Good bye Fares

Fares Daoud retired on May 26th after 24 years of service to the Sheriff's Office as a Detention Deputy. The jail will not be the same without him. He had a very nice turnout at his retirement party at work and a good turnout at Elsies afterwards. Good Luck Fares.

Mike Nifong

Who is Mike Nifong?

Michael Byron Nifong (born September 14, 1950) is a disbarred North Carolina attorney.[2] He was district attorney for Durham County, North Carolina (the state's 14th Prosecutorial District), but was removed and disbarred due to his misconduct in the 2006 Duke University lacrosse case.[3] Observers consider several criminal justice bills passed by the North Carolina legislature later that same year to have been influenced by Nifong's actions in the Duke lacrosse case.[4] (Wikipedia)

Why am I posting this?

Last Friday a Kastigar hearing took place in Ramsey County because of violated rights of one of our members. A Kastigar or taint hearing takes place to determine if 5th Amendment (aka Garrity) protected material was used to wrongfully prosecute someone. This was a closed hearing and I can say nothing more then it took place.

Some should be fearful, some should be happy soon.

But, hey this has come from the HCSO before. Read here.

2010 DRIVE endoresments

Why is a DRIVE endorsement important? Because DRIVE endorses politicians that are pro-labor. These are people who support our pension and other legislative efforts. You may not like a particular candidate's point of view on everything but these folks have passed the pro-labor litmus test. It's also important who's NOT endorsed.


2010 DRIVE Endorsements – MINNESOTA
U.S. Congress
District
1 Tim Walz
3 Jim Meffert
4 Betty McCollum
5 Keith Ellison
6 Tarryl Clark
7 Collin Peterson
8 James Oberstar

Governor
Mark Dayton

Secretary of State
Mark Ritchie

State Auditor
Rebecca Otto

Attorney General
Lori Swanson
State Senate

District
5 David Tomassoni
9 Keith Langseth
17 Rick Olseen
37 Mark Germain
39 James Metzen
43 Terri Bonoff
49 Paul Meunier
59 Lawrence Pogemiller
64 Richard Cohen

State House of Representatives
District
3B Loren Solberg
26B Patti Fritz
46A Mike Nelson
49B Jerry Newton
58A Joe Mullery
62A Jim Davnie
65A Jeremiah Ellis
67B Sheldon Johnson

Anoka County
Commissioner
District
4 Jim Kordiak

Sheriff
James Stuart

Hennepin County
Attorney
Mike Freeman

Commissioner
District
2 Mark Stenglein

Ramsey County
Attorney
John Choi

Commissioner
District 5
Rafael Ortega

Sheriff
Bob Fletcher

Brooklyn Center
Mayor
Tim Willson

Maplewood
City Council
Marvin Koppen

Seriously sick of this misinformation crap

The Star Tribune is falsely reporting: A witness in two murder cases was beaten up by the man he implicated when the two were inadvertently put in the same holding cell at the Hennepin County jail, according to charges filed Thursday.

I'm sick to death of the jail getting blamed for other divisions screw ups. These inmates were put together not in the jail, but in the holding cells at court. The article goes on to say, The witness was not seriously hurt, said Lisa Kiava, a spokeswoman for the Hennepin County Sheriff's Office.

Isn't Lisa Kiava supposed to provide facts? How about telling the press where the assault actually occurred?

Of course we've all seen the "red ribbons" being passed out to everyone who assisted in the RNC, everyone except the Detention Deputies and techs. During the RNC all days off were cancelled, all days were 12 hours long (22 hours on one day for the SRT Team when a busload of protesters was being processed) and we worked anywhere from 15 to 20 days in a row depending on what squad we were on.

So it appears we get blamed for other divisions screw ups and get no credit for our hard work. What else is new?

New Grievance Filed Over Start Time

I filed a new grievance over start times in light of the AFGE Local 801 and Waseca Federal Correctional Institution Arbitration Opinion & Award.

It has been the Union's contention that our workday starts and ends in the locker room. This Arbitration decision combined with the fact that:

The Supreme Court unanimously upheld that you must be PAID for time spent putting on and off your uniform!"Therefore, the time, no matter how minimal, that an employee is required to spend putting on and taking off gear on the employer's premises is compensable "work" under the FLSA."http://www.dol.gov/esa/whd/FieldBulletins/AdvisoryMemo2006_2.htm Should greatly increase our chance of success.

Does this sound familiar?

Deputies Attacked - Told Not to File Charges
Source Teamsters Local 320 website

Waseca Arbitration Award for start times

Arbitrator upholds key box to key box compensation. AFGE Local 801 and Waseca Federal Correctional Institution Arbitration Opinion & Award. This Minnesota arbitration award agrees with our grievance settlement that you must be paid key box to key box. Your day begins in line to get your keys and ends when they are returned.

Thanks to the MNTLEL for passing on this info.

I still believe we should continue to the next step and be paid for donning and doffing our uniforms. 320?



If you haven't already check out the Teamsters Local 320's new website.

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.