News for July 2004:

Local 552 has been participating in a meet and confer about dignity and respect in the workplace. On July 8th 2004, we had a presentation from Respond 2 Incorporated about how dignity and respect programs were implemented at Regions Hospital and Kaiser Medical Clinics. One issue that employees cited as a disturbing way employees can hurt other employees is by gossip. More than one Local 552 member has called our department: “Hennepin High School” because of the amount of gossip that goes on here.

Recently, some persons have complained about whether or not the union should represent members who have been charged with felony level crimes. In 1985, the U.S. Supreme Court decided in CLEVELAND BOARD OF EDUCATION v. LOUDERMILL, 470 U.S. 532 (1985) that public employees cannot be terminated without due process. When Hennepin County makes a decision to terminate an employee, the employee has a Loudermill hearing. At that hearing, the county can issue what is known as a Garrity warning. A Garrity warning is similar to a Miranda warning. When the employer gives a Garrity warning, anything the employee says CANNOT be used to charge them with any criminal offense. If an employee gives false information in a Garrity protected statement that would be just cause for termination.

A labor union, under section 7114(a)(1) of the Federal Service Labor-Management Relations Statute (Statute) has a Duty of Fair Representation of its members when the employer attempts to discipline employees. A union that fails to comply with DFR, can be sued for not providing its members with DFR.

The reason I am bringing this up is that we had two members who were terminated by the county on June 15th. Apparently, some members of this union apparently have decided to allow the rumor mill to try and convict these two of felonies. One individual has even gone so far as to corner an officer of this union and demand that Local 552 not represent these individuals or that he/she would start to encourage members to go fair share. In other words, if the union does what it is supposed to do, this person is threatening to harm the union. Our contract has a 4-step process for grieving discipline: 1. Informal. 2. Formal. 3. Mediation. and 4. Arbitration.

When the 2 employees had their Loudermill hearing, all the union was told was what these two employees were accused of. No proof has been offered. I am aware of an old discipline case where a member was wrongfully accused of stealing a file cabinet, which would be a felony because any theft of public property is a felony. The union represented that individual. Because of the grievance process and Duty of Fair Representation, that person was exonerated and received an apology.

Without any specific facts as to why these individuals have been terminated. We would not be obeying the Duty of Fair Representation law if we failed to attempt to grieve their termination at this point. It is my understanding that they want to tell their side of the story, but the county has not given them an opportunity because they were never given a Garrity warning. This union and any responsible union would advise a member not to answer any possible incriminating questions without a Garrity warning. If the county is going to prevail in terminating these individuals, then they need to offer more proof, or this local should and will fight their termination. The final step of the grievance process would be to appeal the decision to an arbitrator. This is the step where there is potential cost to Local 552. Prior to arbitration, we will hold a meeting where the individuals can make their case. Then, the local will decide on arbitrating.

I think if we want to show dignity and respect to our members, we need to refrain from idle talk and gossip when these things happen. At every union meeting, we have a “Chief Steward’s Report”. That is the only time we discuss discipline cases. I am not going to instruct officers of this union to fan the gossip flames when members have problems. If members feel they need to know what is happening, then they should come to a union meeting.

The local has concluded several meet and confers on Probation Officer Safety. Management has agreed to discuss with our health plans how probation officers can voluntarily be tested for tuberculosis. Eleven 800 megahertz police radios will be ordered for neighborhood probation, adding to FAP and ISR, which already have them. Probation Officer safety training will be expanded. A two-day safety training will be added before the end of this year. Also, any Probation Officer will be allowed to attend the annual MAVI training if that would better fit Probation Officer’s schedule. An eight-hour tactical training will also be offered with assistance from the U.S. Probation Department. O/C spray training will be offered twice this year at the ACF. The department will better track O/C spray that has already been issued and keep track of when that spray needs to be replaced. Finally, the county also agreed to update civil liability training, which will include separate data practices training for adult and juvenile probation. Special thanks to members Rick Lindberg, Tim Turrentine, Will McDonald, Patrick Kelly, and Barbara Mundis who helped with this meet and confer.

We will be continuing our bimonthly meet and confers with our director. I have asked the department to go over the 2005 budget with us at our next meeting which should take place in early August 2004. Health Partners and Blue Cross Blue Shield will begin to present to the county what their 2005 rate increases will be to the Labor Management Health Care committee on July 13th 2004.

Council 14 voted 18 to 1 in favor of the proposed merger of the four Minnesota AFSCME councils. Purple booklets were distributed at the June Union Meeting that outlined the structure and programs for the new council. Council 14 will be holding a special convention on Saturday July 24th 2004 to vote on merger. If the special convention votes in favor of the merger, the founding convention for the new council will be October 1st and 2nd 2004. Please contact Pat Guernsey if you have not been able to review this packet.

Local 552 assisted Representative Sheldon Johnson (DFL St. Paul) pass legislation that would make it a felony to assault a Probation Officer during the performance of his/her duties. This new legislation also makes it a felony to throw spit or otherwise project bodily fluids on correctional staff in the field or in an institution. Representative Johnson is a Ramsey County Probation officer and an under steward for Teamsters Local 320. He has worked for Ramsey County Community Corrections for over 30 years. As many of you may also be aware, not much else was done at the legislature this year. We were working to secure funding for six, and up to nine, additional Probation Officer positions. However, neither the House or the Senate agreed on conferees. So very little passed in what was supposed to be a bonding bill session.

Never before has an election been so important for union members, especially public employee union members. The right to form and join unions could seriously disappear in the next few years if the same people continue to control the White House, the Congress, and our state government. If union members do not take a more active role in the political process, we have very little to look forward to in future collective bargaining. All of the officers of Local 552 have been completing an in person, member to member survey the last two months. The main purpose of this survey is to engage as many members as possible in union activities. So far, this process has cause our fair share fee payers to drop to the lowest percentage in recent memory. But we need you to do more. Please volunteer to help your union in the up coming months to protect your benefits and to improve your salary. This union is only as strong as its weakest member. Continue to check this web site for opportunities. Thanks for your support.