Wednesday, February 26, 2014

Sunday, February 23, 2014

AFSCME challange to MNPEA dismissed with Prejudice

This is a re-post from MNPEA's Facebook page. AFSCME and Teamsters Local 320 brought a challenge at the Bureau of Mediation Services challangeing MNPEA's right to status as a public employee union. They wasted thousands of taxpayer dollars for the hearing at the State, wasted their members dues money on attorneys and wasted MNPEA member resources. 

Brian Aldes, Teamsters
Why? Because Brian Aldes (Teamsters Local 320), 










Eliot Seide, AFSCME
Eliot Seide and Eric Lehto (AFSCME Council 5) were afraid of the MNPEA continuing to attract their members.

When they realized they weren't going to win, they threw in the towel.. Here's the post:



"Concerning AFSCME and Teamsters 320 claim that MNPEA should be de-certified as a Public Sector Union:

The Bureau issued a ruling that Council 5 and MNPEA shall share the cost of the hearing transciption equally and that there is not a reasonable appearance that MNPEA presently fails to comply with any of the requirements of sections 179.18 to179.231.

We'll have the COMPLETE Transcripts posted soon. You're going to love this!

That's Right! We're still here in spite of Brian Aldes from Local 320 bragging to members and others that we would be removed and in spite of AFSCME spending tons of member's dues money on the bogus hearing! Nobody from 320 even showed at the hearings, they sent a hired gun atty at the expense of their members. At least AFSCME's bureaucrats (appointed non-elected by the way, that's why we call them bureaucrats) had the courage to be there and go on record. 320 talks a lot of smack in the background but won't put anything in writing or go on record....

We're still $39 per month including On and Off Duty Legal Defense for members and their spouses."

Tuesday, February 18, 2014

Mediation "Employers Best and Final Proposal"

Today we had mediation with Hennepin County. The following is the "Employers Best and Final Proposal."

It will be sent out for a vote.

The negotiating committee said we would not recommend a yes or no vote but leave it to the members to vote. So here it is, essentially it's the same offer they gave to AFSCME workhouse when they bargained with the non-essentials (as AFSCME always does). I will strip it down to the basics, the entire proposal will be mailed to you to vote on. 

WAGES: 2.5% cost of living raise 2014
                  2.5% cost of living raise 2015

Cash lump 2014 and 2015 of $300 to employees making under $18.01 an hour

SHIFT Differential to go up 5 cents to 90 cents an hour

Weekend Differential to go up 5 cents to 70 cents an hour

MARKET ADJUSTMENT

2014 1% market adjustment top pay Detention Deputy only
2015 1% market adjustment top pay Detention Deputy only

FOR DISPATCH
2014 only 2% Market Adjustment to each step in the pay range 

Additionally they agreed to allow Oral Reprimands to be removed from our files as a "me too" with the Licensed Deputy contract.

That being said, remember this is my personal blog, the following is my opinion.

If the members vote yes. They will receive a cost of living raise and steps. But only top paid Detention Deputies will receive a market adjustment. 

If the members vote yes, dispatch, who number about 1/4 of our bargaining unit, will receive a bigger raise than anyone else and our Detention Techs and Evidence Specialist will receive a lower raise than anyone in this bargaining unit. Essentially the pattern of everyone getting the same raise will be destroyed. 

AND, we will still be the lowest paid of our job-class in the 7 county metro-area. The County will still have the same attraction and retention problem they have now.

As an aside, the County and Bureau of Mediation Services forced the Dispatchers into our group in the late 90's when they became "essential," because they considered us the same. and we have ALWAYS received the same raise.

If the members vote no, the county will pull everything off of the table and we will go back to mediation. If we are unable to get an agreement we will file for arbitration. 

During the interim we will picket the County Board in an effort to get a better market adjustment.

While there are no guarantees in arbitration, traditionally the County argues the AFSCME pattern, and we would probably not do worse than this offer for the Detention Deputies. 

However, we could end up with the better offer made to the dispatchers in our unit or they could end up with ours.

Another thing to consider is that the Licensed Deputies have not settled. In years past when we have settled first they have on occasion been given more. Why settle first? I strongly suspect the county will offer them more, like the dispatchers.

I am at top pay. As such I will receive a bigger raise than the majority of our people not at top pay. I will vote no on this contract for two reasons. 

One, it is not enough,  the market adjustment offered still keeps us at the lowest paid in the 7 county area.

Two, I believe the market adjustment should be across the board for all of our members at every step. 

I find it offensive that the employer offered some in our bargaining unit a larger market adjustment then others. We all suffered through the wage and step freezes. We all descended to the lowest paid in the metro-area together. We should all climb out together.

I must again ask the employer what I asked at out first bargaining meeting, "Why does Hennepin County think we should be the lowest paid in the metro-area?"

In solidarity,
Wade Laszlo











Saturday, February 15, 2014

Contract Mediation 2/18/14

On 2/18/14 Hennepin County and the MNPEA Detention Deputies, Techs and Dispatchers will be in contract mediation at the Bureau of Mediation Services.

Here's the bottom line. Dozens of employees are leaving the jail and dispatch. One of the primary reasons is because we have the lowest pay for our job classes in the metro area.

IF our employer Hennepin County (the County Board) doesn't come up with a reasonable offer they will be the cause of a Public Safety crisis in Hennepin County.

Imagine this summer if 25% of the jail staff (which is actively looking for other jobs) leaves?

Imagine the $30 million new dispatch center opens and there aren't enough dispatchers to handle the calls?

The citizens of Hennepin County will be ill served by the County Board's Public Safety decisions.

The ball is in their court...and the fallout will be too.

Monday, February 10, 2014

How wage freezes were dealt with in 1963!

Nothing like Labor History to see how wrong wage freezes are:

Eleven members of the Carpenters’ union in Reesor Siding, Northern Ontario are shot, three fatally, by independent local farmer-settlers who were supplying wood to a Spruce Falls Power and Paper Co. plant. Some 400 union members were attempting to block an outbound shipment from the plant. The action came as the company was insisting on a pay freeze and two months of seven-day-a-week work – 1963


Wednesday, February 05, 2014

Hennepin County Dispatch-State of the Union

Ground Breaking for new $30 Million Dispatch Center
This is a post from one of our Hennepin County Dispatchers who is also a MNPEA Union steward. As most know Hennepin County is building a brand new $30 million dispatch center. Unfortunately the dedicated people who are to staff it seem to have been left out of the budget. This is his post:

Morale at Hennepin Co Sheriff's Radio is at an all-time low.   Retention of current staff is the main challenge.  Maintaining staffing minimums has resulted and dispatchers getting forced overtime sometimes 3 of their 4 days of a rotation.  Same goes with getting forced to come in on your days off.  Time off is taken for granted.  For those that would like to take time off, the rule is only one dispatcher , no matter what shift, will be granted time off for vacation per day unless it's during prime time vacation (Memorial Day-Labor Day and The Holidays).  Hard to take vacation days that we earn.  Dispatchers at their contractual vacation cap balance of 280 hours cannot take a day off they prefer but one that works out best for management.  Staffing shortage burdens are solely on the current dispatch staff and not management.  Management could help the situation some but refuse to.  We have first line supervisors that are able to be call-takers but downtown won't let them be a part of the minimum staffing equation.  Even when doubled up, they can't help.  We even have first line supervisors that cannot ' do the dispatch job' but get paid considerably more than others.  

Years ago, during hiring times, there used to be a long list of applicants especially those with years of 911 dispatch experience.  Now, we hardly get anyone thats been a public safety dispatcher before.  Raw recruits that have a 50% chance of making it through  the coaching program. 

We are the hardest working group in the Sheriff's office and have been for quite a few years living without any wage adjustment or cost of living raise.  We are doing more with less.  We have become specialized and not compensated for the important skills acquired (CJIS, Fire Dispatch Core, training) .  We've acquired the city of Brooklyn Center that has dramatically increased our workload with no help from downtown.  

We are building a new 911 communications center in Plymouth due to open later this year.  Along with that,  we will begin dispatching for Golden Valley.  More work ahead facing the same staff shortages and still our 2014/2015 union contract has yet to be settled.

Morale is so bad, new hires come and overhear or see some of the issues we face and leave before they complete training.  There have been quite a few dispatchers that have left for other agencies that pay their dispatchers better.  Some  have left for North Memorial Ambulance, HCMC EMS, Metro Transit or other 911 centers in the metro.  Hennepin County used to be in the top 3 for pay in the metro area.  We have now fallen behind that we are the lowest, if not the lowest paid dispatchers in the 11 county metro area while being the busiest per dispatcher metro-wide.  Chances for promotion are limited.  You can only be promoted to Telecommunicator Sergeant and nothing further.  Other Comm Centers let their civilian staff be able to rise to levels not heard of in Hennepin County.    Dispatchers do not get any formal breaks and if you listen to a police radio or call 911 during normal meal times, you'll probably hear a dispatcher talking with food in their mouth because we have to eat at our workstations and work at the same time.

HCSO has made great strides department wide the last few years except in their 911 call center.  Overworked, cramped, and not appreciated dispatchers is one last area of improvement needed to make HCSO a good well rounded agency.  Training is virtually non existent.  There never is any worthy money set aside in the radio budget for training.  Resources have been taken away from dispatch staff also.   

We do a darn good job but we could be so much better had we had better working conditions.  An agency similar to ours was recently featured on a local news story about 911 call response.  It was learned that in that particular agency, 911 calls have routinely been missed or have had callers have to endure long waits for someone to answer emergency requests.  At Hennepin County Dispatch, a call for service , no matter if it's a 911 or non-emergency, is never, ever missed.  Hennepin Dispachers as well as our union brothers and sisters at the Hennepin Co Jail are the HARDEST workers in the sheriffs office.

Aaron Coates
Serving since 1990.
911 Dispatcher and Union Steward

Saturday, February 01, 2014

What if Hennepin County couldn't staff the jail?

Imagine waking up to this news story: National Guard To Run Hennepin County Jail




Given the current trends this is not beyond the realm of possibility.

Friday, January 31, 2014

Friday, January 17, 2014

What are potential and ex-employees saying about working at the HCSO?

This is a thread from Officer.Com, it's a discussion between former employees and potential employees considering working for the HCSO. 

 A potential applicant asks, "Is HCSO still on a pay freeze?"


The answer he gets is, "No, but they are paid less than surrounding counties/agencies. 

See the following websites for more details:

Hennepin County Sheriff's Deputies Association
www.hcsda.com (Click on Contract and Pay Scale) |www.facebook.com/hcsda

Hennepin County Detention Deputy Blogspot
http://detentionhome.blogspot.com/"



Potential applicant responds, "WTF. That's pretty terrible."

OUCH!

The link is a good read that gives a pretty honest sum of working here.

Saturday, January 11, 2014

PREA Update

On Friday January 10th we met with Sheriff's Administration to discuss the implementation of the PREA background checks on MNPEA members. This is a new condition of employment and it should be negotiated and we believe either contract language or a Letter of Understanding needs to be drafted to establish what can and can't be done under the PREA background investigations.

We made it clear that we were going to cooperate with the new law, but were concerned about the Sheriff's Office casting a "wide net." Our goal is to make sure the law is applied to our members as written, no less and certainly no more. After all, PREA backgrounds are available to future employers.

We went over the questions the Sheriff's Office wants to ask and there were a couple we believed were not required by the PREA. We made recommendations to the administration.

We have concerns over any unreported minor  infractions that may be found during a background investigation. The purpose of the PREA is to make sure you aren't a sex offender working in corrections, and you shouldn't be if you are. The Sheriff's Administration says if found, minor infractions will be turned over to I.A. We view it as a search warrant looking for a specific item not a catch all.

There is concern many of you have  about being fingerprinted again. The PREA does not require it as part of the background check. The Sheriff's Office believes it is necessary. Our position is that they already have them. 

We have concerns over where those fingerprints will end up. After all the HCSO has a poor track record of keeping confidential information confidential. Like the 3 times they violated our Garrity Rights and home addresses ending up with AFSCME. Let's not forget the Kingfish system that allows the Sheriff's Office to track our cell phones. As I said, we will comply with the law, but do not want a wide net cast beyond what the law requires.

An interesting side-note is that every time we go to arbitration our employer, the County makes it clear that there are three corrections groups in the County. The Workhouse, the Juvenile Center and us at the jail. They ALWAYS say we are the same and use that argument to keep our pay equal, even though we have more inmates, more training and higher standards (ACA). Well guess what? The Workhouse and Juvenile Center CO's aren't getting fingerprinted as part of their PREA background. Why should we be held to a higher standard? 

The Lieutenants at the meeting are bringing our concerns to the Sheriff. We will wait and see how it goes. 


Monday, January 06, 2014

Low pay costs taxpayers money!!

Correctionsone is reporting:

 ATLANTA, Ga. — Turnover in Georgia’s adult and juvenile justice systems, which pay their correctional officers far less than what their peers receive in other Southeastern states, required training for nearly 3,000 replacements in the most recent fiscal year at a cost to taxpayers of about $30 million.

Take note Hennepin County!. The Detention Deputies working for the Hennepin County Sheriff's Office in the jail are THE LOWEST PAID IN THE SEVEN COUNTY METRO AREA!. 

That's right, the biggest busiest jail in the upper Midwest, with 839 beds, is the lowest paid. On average $2-$4 an hour lower than their metro area counterparts at smaller county jails.

Our jail is hemorrhaging employees. This brings the experience level down and the risk of lawsuits up. 

I was talking to one of the Hennepin County workhouse CO's last week and he said they hired 5 new CO's and just as they finished training 3 left to work for Ramsey County which STARTS at $4.00  an hour more.

3 of my longtime co-workers in the County jail left in the last week for better paying jobs and our boss has no idea how many more are about to.

Low pay leads to turnover, expensive hiring and training of replacements, inexperienced staff and lawsuits.

It can't be that they can't afford it. In 2007 the jail was staffed with 181 detention deputies and 39 licensed (sworn). The licensed deputies make $1,000 a month more. Under Sheriff Stanek the detention deputies now only number 142 while the number of  licensed deputies in the jail has risen to 93. That's an increase of 54 licensed deputies doing the same job as the detention at a cost of $54,000 a month more! Do the math. I should note, Hennepin County is the only jail increasing licensed staff, the others have almost eliminated them from their jails.

Hennepin County just raised our Sheriff's pay to $157,000 a year, making him the highest paid in the state. Up $12,000 a year from six years ago. All while keeping their Detention staff at the lowest paid in the metro-area. 

Go ahead County Board, pat yourselves on the back for winning the battle, but you will lose the war when no one is willing to work these essential public safety jobs.





Thursday, December 26, 2013

Correctional Pension in Danger!

Fellow Detention Deputies and C.O.'s. As I reported in a previous post Teamsters Local 320 is making it a priority to add NON-ESSENTIALS to our pension.

Here's the link to their bill: http://www.scribd.com/doc/181422645/Report-to-Pension-Commission

If HF No. 884 and Senate No. 998 are passed it will add 1,973 non-essentials to our pension.

Consider: The correctional pension was passed because we have the highest injury rate of ANY public safety job class. Higher injury rates then police and fire. Our pension required 95% inmate contact for a job class to be eligible. If weakened to allow non-essentials with virtually non-existent inmate contact and non-existent assaults from inmates we will be in danger of being dumped back into the coordinated plan.

Consider: Probation officers make up to $90,000 a year. This means their payout from OUR pension will be greater than the C.O.'s it was created for.

Consider: With the higher required payouts to non-essential probation officers OUR pension contribution could increase about 2%. This would mean a 2% pay-cut in take home pay, with NO increase in our benefit.

Consider: If passed we may never get an increase in our pension benefit because higher payouts will be going to higher paid non-essentials.

It is important to stop this in it's tracks.

CONTACT YOUR STATE REPS NOW. FIND THEM HERE AND CONTACT THEM:

 Who Represents me?

Don't let corrections traitor Brian Aldes and Teamsters Local 320 ruin our pension.
Corrections traitor Brian Aldes, lower right


Monday, December 23, 2013

Watch your addresses, again.

Remember when AFSCME "organizers" got our addresses and showed up at our doorsteps? Well my Teamster insiders tell me 320 just hired a new organizer. 

Don't be surprised if they use the same list AFSCME scumbags and pedophiles used to show up at our houses. 

If they show up, ask their names and ask how they got your address. Don't sign anything. It isn't to get more information (as they'll say), it's to authorize a decertification vote. 

If you want to know what Teamster organizers are like contact our new MNPEA members, the Sherburne County C.O.'s.

Of course there's always what happened to the Memphis Tennessee P.D. at the hands of Teamsters:

According to a news release from the U.S. Attorney's office, Everson accepted $5,000 in the form of a check drawn on the account of a Teamsters local to provide and help install hidden surveillance cameras at a youth camp run by the rival Fraternal Order of Police.  FULL STORY AP

If they show up, let me know. They play a lot dirtier than the AFSCME amateurs, but something tells me they are working together for now.

What they don't get is that the best "organizers" are happy members. Take care of them, and the rest falls into place.

Remember, these are the guys trying to weaken our pension!

Tuesday, December 17, 2013

Sick Time Arbitration

No Slayer Shirt Today!
Today, December 17, 2013 MNPEA held an arbitration with Hennepin County regarding Article 13 of our Contract: Sick time. The arbitrator was retired Hennepin County Judge Crump.


The issues:

On June 1, 2011 the Hennepin County Sheriff's Office issued a new "Special Order" based on their newly minted Lexipol Policy stating that anyone using more than 96 hours (12 days) of sick time a year is abusing their sick time. The Hennepin County Sheriff's Office then went back one year and retroactively placed employees on monitored sick time for a policy that didn't exist at that time, and should have been negotiated.

The Union's position is that article 13 clearly states what sick time can be used for, not how much can be used. Article 13 does allow for the employer to make an employee get a doctors note if they miss three consecutive days. If the employer wanted different language it would have to be negotiated and they certainly had no right to enforce a policy retroactively.

The Employers position is that they have inherent managerial right to make policy and if the Union disagreed with their policy WE should have tried to negotiate that.. The employer believes they can do whatever they want without consulting the Union unless it is specifically mentioned in the contract.

The Union believes that contract trumps "policy." There have been many contentions with the Hennepin County Sheriff's Office over their dictating by Special Order and email without consulting the Union.

The grievance is now in the hands of the arbitrator. It could be a couple of months before we have a decision.

I will keep you posted.

This arbitration is BMS # 12PA0846

Monday, December 16, 2013

Sick time arbitration, Contract/ Stanek gets a raise, Pension Attack


Tomorrow, Dec. 17th at 9AM we will be holding an arbitration over the 96 hour sick time rule. Former Hennepin County Judge Crump will be presiding.


Contract

We are going to Mediation over Hennepin County's offer. While we are the lowest paid public safety employees in the metro-area and Sheriff Stanek is the HIGHEST paid public safety officer in the state , the County Board has approved yet another raise for our boss!

Hennepin County Board Action Request
13-0450
Item Description:
Changes to the Compensation Plan for Non-organized Employees
Resolution:...

BE IT FURTHER RESOLVED, that effective December 29, 2013 the salary for Sheriff and County
Attorney of $153,221 be adjusted by 2.5% to $157,052; and that the Sheriff and County Attorney are
required to file a request for the new salary with County Administration no later than 5:00 PM on Friday,

December 27, 2013. If the request is not filed, the salary remains at $153,221.

Seriously, the Sheriff's salary was $145,000 in 2007! That's a $12,000 increase in 6 years!!

We have Detention Deputies who after seven years are only making what Ramsey County Detention Deputies start at, $22 an hour! 

This is why we are bargaining for a $3 an hour market adjustment. 

Hennepin County Detention Deputies are the lowest paid in the metro-area....but our Sheriff is the highest paid public employee in the state.

CORRECTIONAL PENSION UNDER ATTACK

There is a Bill going through the Minnesota House and Senate that will weaken the Correctional Pension. HF 884 and SF 998. If passed this would add non-essential Probation Officers and Non-essential County Security Guards to our pension. 

The end result could be us having to pay an additional 2% into our pensions (read pay cut) for the same payout.

Write your State legislators. Find them here. Who Represents me?

Here's a sample letter I wrote to mine:

Rep. Abler,

I have been a detention deputy at the Hennepin County jail since 1990. We
are essential employees. We worked very hard to get the correctional
pension. We have the highest rate of assault and injury of any public
safety job class.  Ours is the healthiest PERA pension.

Bill HF 884 would add non-essential security guards and probation officers
to our pension. This is a slap in the face to our profession, would cheapen
the reason it was established and could lead to higher employee
contributions for no increase in our benefit.

Please vote against this bill.

Thank you,

See more here at 

Teamsters and Senator Hayden working to weaken correctional pension


In solidarity,

Wade Laszlo

Saturday, December 14, 2013

Teamsters to MNPEA, Lest Ye Forget


page 17, 2011 IBT Delegates
There's a lot of hand wringing going on about the MNPEA "raiding" Teamsters and AFSCME groups. How did this come about?

To the left you see WHO the Teamsters Local 320 Delegates were to the 2011 Teamsters International Convention. The names you see BEAT the Sue Mauren Slate, Secretary Treasurer of Local 320. They ran as the Anyone But Hoffa Slate, and won.

Yes, members, it can be done.

You will notice that some of the delegates are now officers of the MNPEA, Dave Deal and Mike Golen,  Some of the other delegates like Wade Laszlo and Carol Orcutt are now members of bargaining units that have left Teamsters for the MNPEA. 






How did this begin? What was the catalyst?





At the 2009 Steward training there was a MNTLEL meeting. The topic of discussion was the Correctional Pension. We voted and decided that the priority should be a raise in the benefit, which hadn't been raised since its' inception, and to get a corrections officer on the PERA board.

Instead, Mike Carey and Erik Skoog decided that correctional officers being  licensed was to be the priority. Union Steward Dave Deal was part of MNTLEL and was never consulted. Angered by the repeated ignoring of member votes by Local 320's leadership, Dave Deal ran a slate, the Members for a Better Union Slate, against Sue Mauren's Unity Slate, in the local board election. Sue Mauren's slate won, but then quickly turned on the members who dared to run against Sue and those who supported them. 

You can read some of their bullshit here, Teamsters Local 320 Election Result, it documents some of their personal attacks on members like me, who voiced support for Deal in the election.

This catalyst of ignoring members, then turning on them for exercising their rights as dues paying members resulted in several of us running against the Hoffa supporting Sue Mauren slate in the 2011 Delegate Election. We sought to represent the members of Local 320 as Delegates to the 2011 International Brotherhood of Teamsters Convention. We ran as the Anyone But Hoffa Slate, and as you see on the attachment, we won. Unlike other years, Local 320 did not picture us on their magazine or publish widespread who won. To this day many don't know Sue Mauren even lost to us.

The election was ugly and Sue Mauren's slate cheated. The Federal Elections Supervisor found their slate in violation of elections rules. They used Brian Aldes', non-union, brother in law's business, Razworks, to to make a free website for their slate. Sue Mauren was found guilty by Election Supervisor, Richard Mark. 

You can read it here: http://www.ibtvote.org/protests/2010/2011esd087.htm  She was forced to pay for the website and post this message for 30 days on their slate's website:

Richard W. MarkElection Supervisor
The Election Supervisor has found that Sue Mauren and the Mauren slate violated the Election Rules by accepting web design and hosting services for the Mauren website from Razworks LLC, a commercial web design and hosting service. Campaign contributions from non-members are strictly prohibited by the Rules. The Election Supervisor has directed Mauren to pay Razworks its usual and customary charges for the services provided and to cease using non-member contributions to campaign.

The Election Supervisor has issued this decision in Laszlo, 2010 ESD 87 (January 27, 2011). You may read this decision at 
http://www.ibtvote.org/protests/2010/2011esd087.htm.


You can read more about Mauren's and Hoffa's corrupt campaigns here.

A Federal Elections Supervisor ended up having to supervise Local 320's delegate election to ensure fairness. With Federal oversight at the ballot count, the Anyone But Hoffa Slate won. Interesting is the fact that many of the same people on the winning slate had lost in the local election just weeks earlier. It made many of us question the legitimacy of 320's local board election.

The convention was outrageous. Watch videos of Hoffa supporters here, including delegates walking out as Fred Gegare was nominated:
http://detentionhome.blogspot.com/2011/07/teamsters-local-320-delegates-at-ibt.html

At the convention we succeeded in our goals of getting Fred Gegare and Sandy Pope on the national ballot to challenge Hoffa.. Hoffa won the national election.

Having lost faith in the Teamsters to represent their members, some of the Anyone but Hoffa slate and their supporters formed the MNPEA. A labor organization dedicated to representing the members, not over paid so called "labor leaders." Many of  Teamsters large corrections  bargaining units decertified Teamsters to join the MNPEA.  Groups like Hennepin County Detention Deputies and Washington County Corrections.  You can see  MNPEA's groups here at http://mnpea.com/

In a strange turn of events, Teamsters Local 320 is once again working against corrections officers! You will remember that the initial catalyst of the strife was their unwillingness to support the corrections officers with their pension. Now they are working against corrections officers by proposing letting non-essential probation officers and security guards into it!

I'd like to make one final point. The Anyone But Hoffa Slate people who left for the MNPEA are not anti-labor or even anti-Teamsters. We were the reformers who won in the delegate election, we believe in labor and are proud of the labor movement's and Teamsters' history. We simply believe that the current Teamsters structure and  leadership has lost the way paved by great men like Jim Hoffa Sr. They no longer represent members, just themselves. 

The Thunder and Lightning has left for the MNPEA.

P.S. If any reader has any doubts as to my former loyalty to the Teamsters over the years scroll back through the history of this blog. Local 320 leadership caused the rift. At the end of the day the members are most important, and if one labor organization has forgotten who represents who, then it's time to move on to one that will.





Monday, December 09, 2013

Does the Prison Rape Elimination Act Apply to Local Jails?

Please read this article entitled, Does the Prison Rape Elimination Act Apply to Local Jails?,  by Jamie Markham from the North Carolina Criminal Law. It sheds great light on our situation. I've lifted some excerpts and highlighted, but the entire article is a short informative read.


"Does PREA apply to local jails? Yes....

But applicability is not the same as enforceability. As discussed above PREA is enforced on the states through the threat of grant reductions, and those grant reductions are triggered by the governor’s certification. The standards explicitly say that the governor’s certification applies only to “facilities under the operational control of the State’s executive branch.” 28 C.F.R. § 115.501(b). The certification must include “facilities operated byprivate entities on behalf of the State’s executive branch,” id., but it does not include local government entities that house state inmates. 

Does that mean jails are off the hook when it comes to PREA? No.

Accreditation. Some North Carolina jails are accredited by national organizations like the American Correctional Association. PREA says that no accrediting agency may receive federal grant funds unless it adopts accreditation standards consistent with the PREA standards42 U.S.C. § 15608. As a result, any jail that has or is seeking accreditation may wind up effectively having to comply with PREA as a part of the accreditation process.

Civil liability. Even if there is no direct financial penalty for a local jail that fails to comply with PREA, there is some concern that the federal standards may evolve into a standard of care in civil actions related to inmate sexual abuse. That is a legitimate concern, but jails should also bear in mind that compliance with the standards does not establish a safe harbor from any civil claim related to sexual abuse.

To conclude, even if there is no direct financial penalty to anyone for a jail’s failure to adopt the PREA standards, compliance may eventually be required (a) under potential state law, (b) as a matter of contract, (c) as part of the accreditation process, or (d) to minimize the risk of civil liability. Another possibility—not to be lost in all this technical discussion of federal regulations—is that a sheriff might decide to adopt the standards because he or she believes it is the right thing to do to protect the inmates and staff for whom he or she is responsible."

So there you have it kids....

Friday, December 06, 2013

PREA update

As you all know we have received a Special Order regarding the Prison Rape Elimination Act (PREA).  The employer is asking us to submit to many things in the name of PREA.

Our lawyers are asking the Hennepin County Sheriff's Office to hold off on their implementation until we can find out exactly what this entails. There are concerns about the HCSO overreaching in the information they can gather and concerns about who will get this and their ability to keep it secure.

As Corrections Officers we have no problem conforming to Law. We just want to make sure that's all we are conforming to.