DUES NOTICE

Minnesota Public Employees Association Notice:

This Notice is to provide you required information (although you all are likely already aware of this information) regarding fair share dues, should any of you elect to become fair share rather than full members.  Also, this is a friendly reminder to turn in your membership cards and the $25 set up fee check if you have already not done so.  Until your card is turned in, the County is considering you a fair share member.

You must be a full share member and pay your set up fee before your legal defense coverage becomes effective.

Regular dues are $39 per month.  Fair Share dues are $29 per month.  The fair share dues are set at this figure because only regular full share members receive the MNPEA legal defense plan, which costs $10 per month.  The remaining $29 covers $8 per month per member for labor legal services, and $21 to the MNPEA arbitration and operating fund.

An employee may challenge this assessment by filing a challenge with the Bureau of Mediation Services within 30 calendar days after receipt of this notice. The challenge must specify those portions of the assessment being contested and the reasons therefor, and copies of the challenge must be sent to your employer and this organization. The Public Employment Labor Relations Act requires a fee for filing challenges. Forms for challenges and a copy of the rules governing them are available from the bureau without charge.

The mailing address for the Bureau of Mediation Services is:

BMS

1380 Energy Lane, Suite Two

St. Paul, MN 55108

Fowler Law Firm / Minnesota Public Employees Association

1700 Highway 36 West, Suite 550

Roseville, MN 55113

Ph: 612-367-6673

December Update

GRIEVANCE

Re: Det. Tech Bentzen's grievance regarding unpaid night shift differentials. The County has agreed to restore paying night shift differential for the entire shift worked and admitted they should not have discontinued the practice. This will be reconciled in January. Regarding the FLSA overtime differentials based on stability pay, the county will pay this only at the end of each year because an employee who quits prior to receiving the stability pay would have been ineligible for that differential. 

CONTRACT: 

The County's initial proposal to MNPEA is:

No increase in wages for 2012 or 2013

No steps increases for 20112 or 2013

Insurance:  2012   Singles pay $60 mo. effective 12/01/2012

                        Family stays the same

                        2013    Singles pay $75 mo. effective 12/01/2013

                        Family the same as 2012.

All insurance had increases in deductibles, especially for not filling out health assessment.

We did not accept this offer and will be going to Mediation as the next step.

STEWARD ELECTION:

Ballots were counted at the Fowler Law Firm on 12/22/11

Dave Deal, President of MNPEA counted the ballots.

The stewards elected were:

Brian Peterson, Phil Miles, Mike Smith, Wade Laszlo, Jodie Hanning, Mike Hendrickson and Jason Herlitz.

My Sentiments

There is a great article from Labor Notes entitled, No-Strike Clauses Hold Back Unions. While you may disagree with the Occupy Movement shutting down the West Coast Ports this article outlines the weakness of current labor contract, "no strike" clauses. 


Some highlights are:


"For more than 75 years, the labor movement has been enclosed by law and custom by collective bargaining, whose goal is to achieve a contract that seals in wages, benefits, a grievance procedure, and work rules. In return, workers and their union agree, crucially, to surrender their right to withhold their labor.The penalties for violation are often severe: stiff fines and imprisonment of union officials."


and


"...Of course, management regularly bypasses or brazenly violates the contract. To remedy these infractions, the union can grieve and finally arbitrate. Although arbitration is heavily weighted on the employers’ side, workers have no other recourse, under the law of the contract.."

READ FULL STORY

Contract News and updates

Steward election ballots are in your mailboxes. Pick up to seven names and mail them in. Ballots will be counted at the Fowler Law Office on Dec. 22nd. You are welcome to watch the count.

Negotiations were held today. 

See our proposals to the county on the uploaded documents file of our e-group.

The main money we asked for was a 4% raise and steps to be paid in 2012-2013.

We also discussed the shift differential grievance and several outstanding grievances.

Also addressed were staffing levels and the Sheriff's policy of not allowing stewards with you in IA unless you are the focus (this will be the focus of another post).

Of special note: Blue Earth County Corrections voted unanimously to join MNPEA today. Welcome aboard.

AFSCME settles/caves

Today, as usual, AFSCME settled with Hennepin County for next to nothing.


In a year when Hennepin County at their Truth in Taxation hearing is predicting a surplus in 2012, AFSCME settled for NO STEPS or COST OF LIVING INCREASE FOR 2012. 


This from their website:

Six Hennepin County AFSCME Locals – 34, 552, 1719, 2822, 2864 and 2938 (Essential Unit and Legal Unit) – all voted to accept the contract proposal for 2012-13. Ballots were counted December 9th and the contract was accepted by the members who voted.

The wage increase, effective 2013, is as follows:

Local 34 2.5% across the board - no steps
Local 552 1.5% across the board with steps
Local 2822 2.5% across the board - no steps
Local 2864 2.5% across the board - no steps
Local 2938 (Legal) 2.5% across the board - no steps

Note that Local 1719 and Local 2938 (Essential) had the 1.5 percent across the board with steps as part of their contract proposal from the Employer's last and final offer.

Even our fellow corrections officers at the Hennepin County Workhouse accepted this. That's right, the essential groups. I'm surprised they settled for this pile of excrement rather then insisting that AFSCME take this to arbitration. Surely with the exorbitant dues they pay, AFSCME could have afforded an arbitration.

Contrast this to the raise that our Attorney Rob Fowler got for the Hibbing Police Federation just last month, 2% for 2011 and 2% for 2012! 

It never ceases to amaze me that BIG LABOR UNIONS with big money, charging their members twice what MNPEA dues are encourage their members to settle for slop. Exactly what are they getting for their money?

No steps are unacceptable! 

Correctional Officers Bill of 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.

Detention & Radio Positions to be cut

These are the LOW LIGHTS of the November 29, 2011 Hennepin County Board Meeting.

The County Board's original proposal was to cut 20 FTE's (full time employees) from the Sheriff's Office, 10 Licensed Deputies and 10 Detention Deputies. At the Sheriff's request, Commissioner Callison made an amendment to cut no licensed deputies, but instead to cut 5 Detention Deputies, 6 Identification Clerks, 2 OS III's and 1 Telecommunicator.

While I'm thankful that we are not losing 10 Detention Deputies, I find it amazing that while the jail as an institution has minimum staffing requirements, all that can be performed by Detention Staff, the Sheriff chooses to staff the jail with the more expensive licensed staff and decrease the number of less expensive Detention, Clerks and Telecommunicators.

Watch this short clip of the meeting. Commissioner McLaughlin was the only one to vote no.

See my clip from last years budget meeting that outlines the fact that we are 1/2 million dollars a year already overstaffed with Licensed Deputies in the jail. The Sheriff's own staffing analysis says they only need 24 Licensed Deputies in the jail, they currently have over 80. Clearly that's where the savings are to be found.

and they want to freeze your steps?

Hennepin Co. Commissioners Give Themselves Healthy Perk

Commissioners voted 4-3 to approve a perk that could reimburse them up to $2,000 a year for health and fitness. The offer is also extended to the county's other two elected officials, the County Attorney and County Sheriff.

                                                          FULL STORY KSTP

The illogic of the sick time policy

As you all know the HCSO has implemented a new sick time policy that began June 1, 2011 basically stating that if you use more then 96 hours a year of sick time you are in violation of the HCSO sick time use policy (which I believe violates the contract and have grieved), will be put on monitored sick leave and are subject to discipline.

Why did they do this? Why to reduce sick time use of course and save money.

Does this work? Well let's see.

I have a recurring back problem with a disc that flares up occasionally causing me to miss a day or two of work. Because of the new sick time policy I was put on monitored sick leave. Subsequently I had my doctor put me on intermittent Family Medical Leave (FML) to keep from being disciplined when this occurs.

A couple of days ago I aggravated my back changing a tire and missed two days of work on FML. But I can't go back to work per the employer until I get a note from my doctor who can't see me until 1 PM tomorrow!

What does this mean? The HCSO will have to cover my shift tomorrow with overtime, they will pay me another day off at straight time and because they are now self insured they will pay my doctor to see me.

I can see the savings already! No wonder they want to raise our health insurance premiums again.

Vital Information

Remember to fill out the Dues Authorization Card and return it to payroll ASAP so full dues can be deducted for MNPEA, otherwise the county will automatically deduct only fair share and you will not have the legal coverage as fair share.

Also be sure to mail your $25 initiation fee to MNPEA or get it to a steward to mail it.

There was some confusion on the Dues Authorization Card, because it says to take $64 the first check and $39 for checks after that. That's because MNPEA wanted to save you the trouble of mailing the initiation check and just have it come out payroll deduction. Unfortunately Hennepin County will not do this, yet every other City and County MNPEA has was able to do this.

New MNPEA members

Today the University of Minnesota Police left LELS and became MNPEA members. Welcome U of M Police.

Last Thursday, November 10, 2011 the City of Owatonna essential supervisors voted to be represented by MNPEA. Welcome.

Hennepin County Offer to AFSCME

This is Hennepin County's Offer to AFSCME for their members to vote on:


The bargaining team agreed to be "neutral" on the settlement.
In place of the strike training on November 21st. There will be a master
committee meeting on November 21st 5:30 PM at the Minneapolis Central Labor Union
312 Central Ave SE in Minneapolis.  All dues paying members are eligible to attend
this meeting.  Table team members will answer questions about the settlement.

Below is a summary of the settlement from Hennepin County:

$500 Lump sum payment to all benefit earning employees the first pay period of 2012

We as a bargaining unit have to decide if we want 1.5% COLA and steps for 2013
or everyone gets a 2.5% COLA for 2013.

Stability pay remains intact.

Single health insurance will remain at $40 per month until December 2012 at which time
it will go to $60 until December 2013 at which time it will go to $75.

We had a lot of improvement of meet and confer language.

Health Partners, Children's, and North Memorial will remain in "tier one" for 2012.
In 2013, the county and Preferred One will review the tiers and make changes after
consulting the Labor-Management Health Care committee.

Tier 2 and Tier 3 providers will have deductibles in 2013, but the deductibles will be offset
by the co-pays going down $5.

The entire settlement should be available online at the council 5 website as soon as
they are able to get it on there.

552 members are welcome to call me, Patrick Guernsey @612-596-0493 with questions.
Other AFSCME Members should call their union representatives.

Patrick Guernsey
President
AFSCME Local 552
HCPC

Grievance Filed

A grievance has been filed regarding the unpaid night shift differentials on overtime.

See egroup files to view grievance.

Meeting

MNPEA MEETING(S)

NOVEMBER 10, 2011

ROOM C-2350 HENNEPIN COUNTY GOVERNMENT CENTER

DOGWATCH TIME: 6:50- 8:00 AM

MIDDLESHIFT TIME: 12PM – 1:10 PM

DAYSHIFT TIME: 2:50 PM – 4:00 PM

MNPEA Update

I met with the MNPEA board today. Here's the scoop.

The County is being emailed a list of the stewards. I'm restored as Chief Steward. This is in effect until a steward election is held. A nomination sheet will go up within a week.

They will have meetings with the members ASAP

I passed on the following as important issues for our group. Feel free to add more when they meet with all of us.

1. Steward Elections
2. Contract
3. Sick Time
4. Night Shift differentials
5. 28 day schedule issues
6. Unresolved past grievances

By weeks end they will be dropping off grievance forms. Cards are being printed with important numbers for members.

In solidarity,
Wade Laszlo
Chief Steward

P.S. All Detention Deputies and Techs are being considered members and were covered by the MNPEA Legal Defense Plan effective Saturday July 29th. Click on the link and familiarize yourself with it. You now have on and off duty protection. You are also entitled to bring our attorney with you to I.A.

Message from MNPEA

Hello All & Congratulations on today's victory! Thank you!

This email is to inform you and the members that as of Saturday you are covered by both MNPEA as your union and our Legal Defense Plan with the Robert Fowler Law Firm. Please call me if you need a Business Agent or call Rob Fowler if you need to speak with our Legal Counsel. Also we plan to reinstate all of the current stewards on Monday Oct. 31st and then have steward elections when we have the mailing list in November. I am meeting with Hennepin HR this coming Tuesday to work out the dues collection. We are also preparing to have a Unit Clarification Hearing at the BMS to try and separate out the Dispatchers into their own bargaining unit and will update you on when we can get a Hearing Date and have a pre-meeting with the Dispatch members to help us prep for the hearing.

Mike Golen

Director

Rob Fowler

Legal Counsel

MNPEA Overwhelming Victory

Our new exclusive representative is MNPEA . 

The official tally at the BMS was 110-1  http://www.bms.state.mn.us/documents/electionresults/12PRE0198.pdf

In addition to us so far today Washington County ,  the City of  Albert Lea , and  Freeborn County   have decertified Teamsters Local 320 for MNPEA.

There are other groups still in the process. Congratulations to everyone on a new beginning.

Freeborn County, First MNPEA Victory

Congratulations Freeborn County Sheriff's Patrol Sergeants!


On October 13, 2011 the Freeborn County Sheriff's Patrol Sergeants became the first group to become members of MNPEA!


There are more then a dozen other groups poised to do the same in the next few weeks!

MNPEA Ballots Coming

On October 17, 2011, the Bureau of Mediation Services will be mailing the ballots out to determine who will be our exclusive representative.

I urge you to vote for MNPEA.

A vote for MNPEA is a vote for dues of only $39 a month.

The best labor attorney in the State, Rob Fowler.

A superior Legal Defense Plan, covering on and off duty.

And real representation on the job.

Letter from the FOP regarding Teamster attacks on MNPEA attorney Rob Fowler

Members Of The Minnesota Fraternal Order Of Police:

As some of you know, our general counsel Robert Fowler has been working hard to add membership to our organization. He is general counsel to a new labor union, MNPEA, that will bring roughly 250 officers into the FOP and our Legal Defense Plan (LDP) this year alone. MNPEA is not officially affiliated with the FOP - we remain unaffiliated with any labor group, but MNPEA will be offering to it's sworn law enforcement members the FOP's LDP. Many of the bargaining groups being brought into MNPEA are from the Teamsters.

Recently, bulk emails were sent out by a group sponsored by Teamsters 320 that is trying to discredit MNPEA's Business Agents and our own FOP Attorney. The emails state Mr. Fowler was fired from his previous employer and has been accused by the MN Attorney General's Office for stealing money from the FOP. I understand that any labor group has a right to maintain their membership numbers, but I take exception to this false accusation. Fowler's contract with the FOP started in 2005.

We have always had a system in place where we pay Mr. Fowler a flat rate for each LDP member, plus an annual vehicle allowance that started several years ago. He has never had access to our bank accounts or finances. Paul and I can say with absolute certainty that Rob Fowler has never stolen money from our organization - that would be impossible.

As your President, I contacted the AG's Office and even though they could not comment directly on this accusation, I was told that their office "would not investigate this type of complaint". I can also state with certainty that Mr. Fowler was not fired from his previous law job with Pat Kelly's Office, this was acknowledged during the bidding process for the FOP contract.

We are concerned because these false emails could cause our own members to question whether our organization or legal defense plan are worthwhile. Our legal defense plan and the services offered by our attoney are without question invaluable, and Mr. Fowler has always maintained high integrity. Please forward this out to your fellow lodge members and correctly inform anyone in your workplaces who may have heard this type of false misinformation. Let them know that the accusations are false.

As President, I also feel that you should know that there is a new labor union option out there. Mr. Fowler is MNPEA's general counsel so you will be assured quality legal representation. We have had some issues in the past with Teamsters coming close to crossing the line into FOP matters, and I feel that this latest attack clearly does cross that line. I feel you should question whether representation by Teamsters is appropriate for you, as law enforcement officers, when such clearly false and defamatory accusations are being made against our FOP attorney.

Thank you for taking the time to read this and feel free to contact Treasurer Dooley or myself if you have questions.

Gary Cayo
MN FOP President

Paul Dooley
MN FOP Treasurer