Monday, September 27, 2010

Saturday, September 25, 2010

Is this fair?

The new licensed class COUNTS as of November 12th. Yet they have them on 5/2 through the beginning of December. Yes, the lowest in seniority will have every weekend off and the Thanksgiving and Day After Thanksgiving Holiday. Despite the fact some of you haven't been able to get a weekend or Holiday off for more than a year!

I emailed the middle shift scheduling sergeant and asked him to "correct this." His answer was no.

I just sent the following email to jail Captain W.:

Captain W.,

The new class counts on the schedule as of Nov. 12th. They are on a 5/2 schedule through the beginning of December even though it is not necessary. As you know one of the biggest complaints with the 28 schedule is the inability to get weekends and Holidays off. This is an opportunity to boost morale amongst the more senior staff who put in for weekends off and the November Holidays and were denied. Simply place the new class on the remaining weekends and Thanksgiving Holidays and allow people off with more seniority who asked for it.

Wade Laszlo
Chief Steward Teamsters Local 320


The ball is in their court. They have an opportunity to make life a little easier for some of you. They have certainly have had no trouble moving your choices to force you to work a weekend.

Wednesday, September 22, 2010

Survey, Double your pension!!

Today you should have received a Minnesota Teamsters Correctional Officer Legislative Priorities Survey.

Please send in the survey!!

I recommend marking #4 Licensure as lowest priority. This will only guarantee more training at this time and no more money. Licensure is better saved for a stronger economy.

IMPORTANT: Under #5 any other issues write:

Merge the Corrections pension with the Police and Fire pension. The merger would bolster the flailing Police & Fire pension, giving their current members more security. This would not likely be opposed by the Counties as they would save approximately 5% of their wage/benefit budget by not having to pay in Social Security Taxes on our wages. Staff would see an increase in net pay based on this same reduction in taxes. Staff would also have a better retirement benefit.

This is a rare opportunity to make your voice heard loud and clear. You are MNTLEL!

Friday, September 10, 2010

Harsh Realities

Dear members,

As you know we had contract arbitration on September 9th.

Several of you are under the impression we did not fight for step raises. We did in fact and our initial proposal was for a 2% and 2% cost of living raise, not a freeze.

By the time we hit mediation and certified our items for arbitration AFSCME and the University of Minnesota had already accepted no Cost of Living Adjustment (COLA) increase and a step freeze for 2011 setting the pattern. In addition everyone else who did take it to arbitration lost.

Arbitration awards become case law and precedent setting. It would have been impossible to win. As seen by the HCSDA’s arbitration loss just last week.

If Teamsters Local 320 would have fought the step freeze in arbitration and lost, as the licensed deputies did, (and we would have lost) it would have set the pattern for ALL future negotiations and the County would have had an award against us. This would have affected all future negotiations with “case law” on their side every single time they wanted to freeze steps in future contracts. The contract only guarantees starting and top pay.

I’ll give an example. A few years ago both us and the HCSDA tried to get paid parking in the contract. The HCSDA against our request, took it to arbitration and lost. As a result no one in Hennepin County will ever get it and Ramsey County was able to use that arbitrators decision to take away paid parking from their employees within 6 months of that decision.

We only certified what we thought we had a chance of winning. Sometimes you have to fight another day.

There is the sentiment among some that the people at the top were not caring about the less senior members. This is simply not true. The fact is an arbitrator cannot award money if the County can show they don’t have it. The state of Minnesota has not only shorted Hennepin County of $32 million for 2011 but the County board is not raising taxes on Hennepin County’s citizens. To arbitrate a COLA or steps for 2011 would have been a precedent setting guaranteed loss affecting us for years to come. The fact is that senior members at top pay have endured a hard freeze for 4 of the last six years while less senior members got step raises. We even gave up a 1.5% raise two contracts ago to avoid step freezes for those at the bottom. This was not an option this time. Bottom line is Hennepin County has no money.

What are we doing?

Teamsters Local 320 will be at the budget hearing for the Hennepin County Sheriff’s Office on October 28th, 2010. The action we can take now is at the County Board level and in future negotiations.

These tough times have been hard on all of us and we are in the same boat. We are doing what we can for you with an eye to the future.

In solidarity,
Wade Laszlo
Chief Steward

Aribitration Update

Yesterday, September 9th, we held contract arbitration. I think the hearing went well. The lawyers for both sides have two weeks to submit their briefs. We should have a decision no later then October 24th.

Thursday, September 02, 2010

Your Rights

MSS 241.026 CORRECTIONAL OFFICERS DISCIPLINE PROCEDURES.
Subdivision 1.Definitions.(a) For purposes of this section, the terms defined in this subdivision have the meanings given them.

(b) "Correctional officer" and "officer" mean a person employed by the state, a state correctional facility, or a local correctional or detention facility in a security capacity.

(c) "Formal statement" means the questioning of an officer in the course of obtaining a recorded, stenographic, or signed statement to be used as evidence in a disciplinary proceeding against the officer.

Subd. 2.Applicability.The procedures and provisions of this section apply to state and local correctional authorities.

Subd. 3.Governing formal statement procedures.The formal statement of an officer must be taken according to subdivision 4.

Subd. 4.Place of formal statement.The formal statement must be taken at a facility of the employing or investigating agency or at a place agreed to by the investigating individual and the investigated officer.

Subd. 5.Admissions.Before an officer's formal statement is taken, the officer shall be advised in writing or on the record that admissions made in the course of the formal statement may be used as evidence of misconduct or as a basis for discipline.

Subd. 6.Disclosure of financial records.No employer may require an officer to produce or disclose the officer's personal financial records except pursuant to a valid search warrant or subpoena.

Subd. 7.Release of photographs.No state or local correctional facility or governmental unit may publicly release photographs of an officer without the written permission of the officer, except that the facility or unit may display a photograph of an officer to a prospective witness as part of an agency or unit investigation.

Subd. 8.Disciplinary letter.No disciplinary letter or reprimand may be included in an officer's personnel record unless the officer has been given a copy of the letter or reprimand.

Subd. 9.Retaliatory action prohibited.No officer may be discharged, disciplined, or threatened with discharge or discipline as retaliation for or solely by reason of the officer's exercise of the rights provided by this section.

Subd. 10.Rights not reduced.The rights of officers provided by this section are in addition to and do not diminish the rights and privileges of officers that are provided under an applicable collective bargaining agreement or any other applicable law.

History: 2005 c 136 art 13 s 3

Monday, August 30, 2010

Wednesday, August 25, 2010

Pushing Ahead

I will have forms available soon for you to add to your MNTLEL survey when it comes out. Fill out the forms and add it to the envelope. Let's have a united front and turn them in together!

*Show MNTLEL we want a merge of our pension with Police and Fire. This doubles our pension, gives Police and Fire money, saves the County money and gives us a raise because we will no longer have to pay Social Security.

*We want a seat on the PERA Board to monitor our pension.

*We want the Corrections Bill of Rights to have teeth.

Licensure may be nice, but guarantees nothing except more training, the Pension is long term.

ENDORSEMENT NEWS: THE HCSDA ENDORSED SHERIFF STANEK!

What did they gain? Nothing.

Fact: According to the County Attorney's Office with the stroke of his pen Sheriff Stanek can restore the 1.5% inconvenient work schedule pay as he promised when we switched to the 28 day schedule. Instead they and us are having to arbitrate! HCSDA what have you gained? He can now say Labor Endorsed. Please tell me what he has done for Labor? Licensed staff has been hurt just as bad by the 28 day schedule, a little solidarity would have been huge. While you didn't have to go the lengths us Teamsters did and VOTE NO CONFIDENCE, you had the power not to endorse.

Wednesday, August 18, 2010

Survey and Priorities

Dear Brothers and Sisters,

Teamsters MNTLEL will be sending out a survey regarding MNTLEL priorities. I recommend that you check 'other' on the survey and mark down PENSION as number one.

There are several of us that are working to merge our pension with Police and Fire. This will double your benefit, save the county money by eliminating payments to Social Security and give you a raise in the amount you currently pay to Social Security. It's been 10 years since our BA Tom Perkins worked to get our correctional pension. It's time for equality with our other MNTLEL brethren.

Remember, YOU are the Union, take advantage of this survey.

Reminder: Contract Arbitration is set for September 9th.

Wade Laszlo
Chief Steward

Update backpay

Teamsters Local 320 members no longer will have to submit an individual request to get their overtime back pay, we now have blanket coverage.

I believe Detention Tech Dave Bentzen deserves a pat on the back for discovering this and pursuing it so relentlessly!

Tuesday, August 17, 2010

The record straight on overtime backpay!

The Jail Inspector has posted a special order regarding the overtime we were all shorted the past few years. She says Hennepin County Human Resources is working on it if you already submitted a request.

She goes on to say that,"the Sheriff's Licensed Deputy union has made a blanket request of the Human Resources department to research overtime pay for it's membership--no further correspondence from its membership is necessary."

Seriously?

Here's a copy of an email I sent to the Jail Inspector and the contact from Hennepin County Human Resources payroll:

Thanks for the 'Special Order' regarding backpay. Inspector Martin you point out that the licensed deputies have a 'blanket' request. Is there a reason all Teamster 320 members have to continue to ask for this individually? Mr. Oleness in an email to you on 7/26 I asked this same question about blanket coverage. Can you just extend this blanket request to all of us. After all this is the result of a Teamster Detention Tech filing a class action grievance then being referred to the Department of Labor by our Teamsters business agent.

Thanks,
Wade Laszlo
Chief Steward Teamsters Local 320


Am I to deduce a similar request made by Teamsters doesn't count? Hey, we told the licensed association about this.

The credit goes to Dave Bentzen and our business agent Tom Perkins.

The shame goes to Hennepin County. You knew the pay was wrong when you switched to APEX last October.

Should we trust you to figure it out for us?

You avoided all of our inquires when APEX came about. If you know the pay is owed why do licensed deputies get it handed to them but Teamsters must ask individually?

Just another reason Teamsters Union members voted no confidence in Sheriff Stanek!

Tuesday, August 03, 2010

Top local Teamster splits with Hoffa

Longtime Twin Cities labor leader Tom Keegel dropped out of the union's leadership campaign after running three times as Hoffa's No. 2 man. Star Tribune

Full Story

Tom Keegel is a man that has been our friend for years. He also personally blocked Sheriff Stanek's attempt for a Teamsters endorsement in 2006.

Tom Keegel's Career

Tom Keegel's Retirement Letter

Tuesday, July 20, 2010

You May Be Owed Back Pay

A while ago Detention Tech Dave B. filed a class action grievance regarding incorrect overtime calculations. As many of us learned first hand contacting Sheriff's Office payroll and County payroll was useless. We all remember the rude responses since APEX. So Dave B. filed a grievance. The Sheriff's Office and County denied it so our BA Tom Perkins sent Dave to the Department of Labor informed him about the procedure and who to contact. Dave is now getting backpay and you can too.


You need to add up all of your overtime from July 1, 2008 to October 10, 2009 (APEX inception).

The following info came from Dave B.:

If you feel your overtime was not correctly figured or paid to you and afte rCounty payroll did not help, you should contact Investigator Ferris or the DOLWage & Hour Division Office for assistance.

ATTEN:
V. Ferris InvestigatorUS D.O.L.Wage & Hour Division
Minneapolis, MN612-370-3341 office reception / 612-370-3377 direct line

Dave has a table on the EGROUP. The time table starts at Jul 2008 to Oct 2009 (APEX started) to figure what is backpay owed. The longer anyone waits to request their backpay the less they may be getting. You would need to contact SH.PAYROLL to request any backpay.

The long and short is run your OT, especially if you get Stability Pay, all of that and weekend and night differentials are to be calculated into overtime. APEX does that so you are owed pre-APEX. This is money owed you!

Sunday, July 11, 2010

Take a math class Star Tribune!

Maybe someone can interpret this for me:

Star Tribune reporter Matt McKinney is reporting:

15 homicides aside, serious crime drops on North Side

Violent crime is still up on the North Side, but serious crime as a whole has fallen 3 percent there. Star Tribune

The article goes on to say:

The overall trend for violent crime -- rape, murder, robbery and aggravated assault -- shows a 10.2 percent increase in the Fourth Precinct, the name the police use for the North Side. But the area has seen sharp drops in burglary (down 21 percent), arson (down 37 percent) and rape (down 19 percent), and smaller numbers in those categories mean a drop in the total count of Part 1 crimes.

So if I read this correctly, homicides are up, rape, murder, robbery and aggravated assault -- shows a 10.2 percent increase in the Fourth Precinct but burglaries and rapes are down? Yes, rape is up and down.

I don't think I'll be moving there anytime soon! Especially since the fourth precinct had another homicide since this story came out.

Oh and Matt McKinney is the reporter who never ran our No Confidence Vote.

Thursday, July 01, 2010

Nurses Settle: The Power of a Strike

The MNA and Twin Cities hospitals have reached an agreement.

The union also posted a statement to members on its website, saying “all the hospitals’ takebacks and concessions are GONE, the pension is untouched and all the benefits of your current contract (including MNA Health Insurance, etc.) remain in place as they always have been. In essence your entire contract has been completely protected and preserved. We will be having an all-member vote early next week (probably July 6 or 7) to officially ratify the contract.”

The union also agreed to drop a series of unfair-labor practice charges that it had filed against the hospitals during the contentious negotiations, Schriner said. (Full story Star Tribune)

The power of the strike is awesome. The very threat (with the will to follow through) can result in contract settlements. The right to strike is labor's backbone.

Our own Teamsters Local 320 had a strike against Hennepin County in 1981 that resulted in much of what we have today.

Monday, June 21, 2010

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.

Saturday, June 12, 2010