General Membership Meeting-AFSCME 404
May 21, 2020
430PM Video Conference
Present:
Adam Castle, Ryan Cates, Hans Paulson, Steve Wilking, Annie Jakacki, Nick Weerts, Stacey Mueller, Jake Schoenecker, Antonino Guerrero, Emilio Florez, Andrea Nelson, Heather, Lisa
1. Secretary Report:
*During tele meetings, the union is unable to vote or make motions*
2. Treasurer-Antonino Guerrero:
STATEMENT OF INCOME AND EXPENSES FOR MONTH ENDING: April 2020
CASH BALANCE BEGINNING OF MONTH: $ 71083.71
INCOME FOR THE MONTH: $ 38968.55
EXPENSES FOR THE MONTH: $ 2741.71
CASH BALANCE ENDING OF MONTH: $ 107310.15
SAVINGS: $ 80180.68
SUBMITTED BY: Antonino Guerrero
3. Correspondence: International Delegates need to be sent in by July 24th for international convention. 5 Delegates will be needed. This will be for 3 days and will be a virtual/teleconference platform. August 13, 14 and September 2nd. Send out the 15 day notice that nominations will be open for delegates. We will get back to you about the voting process if needed.
Forensics Meeting Minutes: https://www.union404.com/news/may-2020-forensic-meet-and-confer
MSOP Meeting Minutes: https://www.union404.com/news/may-2020-msop-meet-and-confer
CBHH/CARE Meeting Minutes: https://www.union404.com/news/may-2020-cbhhcare-meet-and-confer
4. New Business: There has been one staff who tested positive for Covid in Forensics. According to management, you haven’t been exposed as long as you have been more than 6 feet apart and wore a mask. Ryan Cates has the prototype of the masks the local may be purchasing. 7 dollars per mask which would equal $7000 to mask every member. Union supports spending money of staff safety. Stacy has a bag of 200 masks she would like distribute. Steve-looking at buying bottles that go on a keychain. We have sanitizer and people can refill those with the local’s sanitizer. We may be able to get afscme labels very cheaply. We may look at just doing the sanitizer bottles instead of the masks. Cheaper and would still be very useful.
5. Old Business:
6. Items from the membership: House passed contracts as negotiated. Senate amended and passed. The governor and MMB came back and said they cannot do that. They eventually passed it as negotiated. Stacy-Covid Peacetime on September 13th. Planning covid leave high risk prepared to work? Annie-covid leave is tied to peacetime emergency. Having discussion about how to transition. It will be a slow process on getting people back. Greyschek says they are hoping to do a staggered return. When they know when it will end, they will be in contact with those staff out on Covid. Most likely offer for them to take a paid or unpaid leave. Nothing specific. Annie-some areas looking at starting that as of May 13. Daycares and others have been asked to return. DHS has had all but 2 return. Some are on intermittent schedule. Have not asked anyone compromised to return. Will not do that until the emergency ends. Stacy-sounds like they want to do that next month. Annie-emergency doesn’t affect anything. It gives the governor the option to do things like pull the National Guard, stay at home, etc. He can let stay at home expire but continue the emergency until the threat is over. Whether it’s in place or not doesn’t change anything. Having discussions with what they can do to extend with MMB. Stacy-I posted his document about extending the emergency. Seems like they are preparing to bring high risk back. Hans-I chatted with HR and they haven’t gotten any direction at all right now. Annie-I meet with Melissa every week. We have been asking what their plan is when the emergency ends. They keep saying they are having discussions but haven’t figured out anything yet. We need something in place before it ends. It is thought to get DHS to do early retirement. Kurt-if he keeps extending this emergency, how does that effect the contract? Can we grieve if there is an emergency? Annie-before they were using emergency language before they could even use it. Those are now in arbitration. The screen tent is a work area but it isn’t. Management can use that in an emergency and other duties. It’s difficult for anyone to argue that. When this is over, they will have a tough time using the language because it is not an emergency. In regards to vacation they cannot unreasonably deny it. Being that is the way it is written in the contract, they can deny based on covid. If they want to adjust or freeze it, they can. If there is a shift in the contract, management will say “we are in emergency, we don’t need to follow it.” They need to follow it unless they have a waiver that they need to apply for through MMB. We have different state areas that had 30 waivers in and only had 2 approved. They need a waiver with a legit reason to break the contract. Kurt-It’s a free pass for them. With the covid case confirmed, they have decided who does and who doesn’t have to come in. something has to be done. What happens when we get more cases? Stacy-they should be sanitizing on that unit for sure.
In healthcare, it is assumed they got it at work unless the employer can prove otherwise. If the staff hasn’t worked in an area with a case, they will say it is a really good chance you didn’t get it at work, so you may not get workers comp. it may be difficult when you are the first one. We don’t know anything about the staff who got covid. Kurt-How can you prove that anyone else there hasn’t got it and is asymptomatic. Steve-they are saying “based on the level of risk,” they may not be issued tracing guidelines for low risk. Kurt-there is 7 days in there that the person can be asymptomatic. Annie-we have been bringing that up forever. Since the beginning they have said even if exposed, they expect you to come to work until you show symptoms. If staff have signs, they are being sent home and tested. Kurt-this doesn’t make any sense. Annie-10 staff on unit, 1 is positive, if they are wearing masks they are considered low risk and will not test them. This is not from Carol, they are following guidelines. They won’t let people know they were exposed. Someone can come in and just fill out the form saying they were in contact and take the 7 days. But someone who worked for 8 hours with someone still has to come in. The whole system is messed up. Kurt-If there is more than a couple cases, a lot of people will come in and start taking days. Steve-it will happen when people know who the staff is, they will answer with yes, and I was exposed. Now we will have to cover that unit and be exposed to the clientele. Stacy-any MAPE taking overtime? Annie-no, afscme overtime is afscme overtime. Hans-is this the same as corrections? Annie-I don’t know, I reached out and couldn’t get a hold of anyone. Hans-when I see news its always corrections or nursing homes. Stacy-corrections has had more covid. Annie-in DHS there has been 6 or 7 people. There was a joint petition from the unions that if something like this were to happen, an N95 would be required but now the guidelines have been loosened due to supply. Management’s response is always “we are following CDC guidelines.” Even healthcare workers aren’t wearing N95 unless they are doing something dealing with aerosol procedures. Working in healthcare such as this campus, you have priority to get a test if you go in.
Eric Hesse would like a vote to allow staff on MSOP quarantine unit to start shift one half earlier and end one half hour earlier.
7. Good and Welfare:
8. Officer Reports:
President: Ryan Cates-
VP: Steve Wilking- Greetings Everyone!
What I’ve done this past month
Well, the pandemic continues. I have attended MSOP Meet and Confer, Forensic Meet and Confer, Safety Committee and took many calls regarding union questions. I continue to work on various union tasks behind the scenes.
Communication
FMHP
The pandemic continues to put a damper on things. We have a confirmed staff member with Covid-19. We continue to work with Management regarding the Rona-Vid. Chief Union Steward Marvin Sullivan continues to fill in for me on the weekly check-ins. I’d just like to continue to communicate the follow. We still have (1) MNOSHA citation out there for Forensics. We have (1) MNOSHA complaint still being investigated. It has been verified that management will be doing audits on our rounds. Lisa Vanderveen stated that Supervisors will inform you of the audit and watch you do the round.
Contract
I have highlighted some of the main points in this section to pay attention to. This is a very important section of the contract. Please look it over. If you have any questions please feel free to contact any of your elected e-board or myself.
ARTICLE 5 - HOURS OF WORK
Section 1. General.
A. Consecutive Hours. The regular hours of work each day shall be consecutive except that they may be interrupted by unpaid lunch periods. No split shifts will be implemented without the mutual agreement of the Local Union and the Appointing Authority. Each party may cancel such agreement with thirty (30) days written notice to the other party.
B. Work Shift. A work shift is defined as a regularly recurring period of work with a fixed starting and ending time, exclusive of overtime work. The Appointing Authority may change the starting or ending times of an existing shift up to and including two (2) hours after providing the notice period required in Section 1(C).
C. Schedule Posting. Work schedules showing the shifts, days, and hours of all employees shall be posted at least fourteen (14) calendar days in advance of their effective day. All schedule changes shall require such a fourteen (14) day notice except for the three situations referenced in Section 2B 3 and Section 3B which require a twenty-eight (28) day notice. In addition, employees being returned to work as part of a workers' compensation placement are not entitled to a fourteen (14) day notice.
Employees who are qualified and capable may mutually agree to exchange days, shifts, or hours of work with the approval of their supervisor which shall not be unreasonably denied and provided such change does not result in the payment of overtime.
If requested by the employee, the employee may change days, shifts, or hours of work with the approval of their supervisor provided such change does not result in the payment of overtime. A voluntary change of shifts under this section results in the payment of overtime only when it places the employee’s hours of work in excess of those permitted by the Fair Labor Standards Act.
D. Meal Periods. Employees shall normally be granted an unpaid lunch period of no less than thirty (30) minutes nor more than sixty (60) minutes near the midpoint of each work shift. Employees who are required to remain in a duty status or who are assigned to perform work during meal periods shall be paid for such time at the appropriate rate, straight time or overtime, whichever is applicable.
E. Rest Periods. All employees shall be granted a fifteen (15) minute paid rest period during each four (4) hours of regularly scheduled work. Employees who are scheduled for a shift of four (4) hours and who are scheduled to receive an unpaid meal period shall not be entitled to a rest period. Employees who work beyond their regular quitting time into the next shift shall receive a fifteen (15) minute paid rest period before they start work on the next shift whenever it is anticipated that such work shall require approximately two (2) hours. The Appointing Authority retains the right to schedule employee rest periods to fulfill the operational needs of the various work units. Rest periods may not be accumulated nor be taken at the beginning or end of the employee's shift. With the supervisor's approval, rest periods may be used to extend the meal period.
F. Reporting Time and Pay. Unless notified otherwise at least two (2) hours in advance of the scheduled starting time (one (1) hour for employees in the Department of Transportation), any employee who is scheduled to report for work and who reports as scheduled shall be assigned to at least three (3) hours of work. If work is not available, the employee may be excused from duty and paid for three (3) hours at the employee's appropriate rate. If the employee begins work but is excused from duty before completing three (3) hours of work the employee shall be paid for three (3) hours at the employee's appropriate rate. (See Article 15, Layoff and Recall, Section 6, Limited Interruption of Employment.)
Section 2. Non-Continuous and Non-Extended Operations.
A. Definition. Any employee or group of employees engaged in an operation that is not continuous or extended (as defined in Section 3A) shall be known as non-continuous and non-extended operations employees.
B. Work Day, Work Week/Period.
1. Work Day. The normal work day shall consist of either eight (8) hours or ten (10) hours of work within a twenty-four (24) hour period, exclusive of a duty-free lunch period. A four (4) hour work day can be scheduled only in conjunction with the nine (9) hour days to complete a normal work week/period.
2. Work Week/Period. The normal work week/period shall consist of four (4) consecutive ten (10) hour days, four (4) nine (9) hour days and one (1) four (4) hour day scheduled consecutively, or five (5) consecutive eight (8) hour days Monday through Friday, totaling forty (40) hours.
3. Changes in Work Day or Week/Period. To depart from the normal work day or work week/period, to change the normal work day between an eight (8) and ten (10) hour day or other defined normal work days, or to change the normal work week between a four (4) and five (5) day week, or to establish a shift that is not currently being used by that Appointing Authority, in the interest of efficient operations, to meet the needs of the public or an Agency, to provide for more beneficial client or student services, or to better use facilities or the working forces, no less than twenty-eight (28) calendar days notice will be given to the Local Union. Upon request, the Appointing Authority will discuss the changes with the Local Union affording it an opportunity to express its views prior to the posting period provided for in Section 1C. When schedules are changed, by the Appointing Authority, the new schedule shall be posted pursuant to Section 1C. Existing schedules may continue in effect.
C. Flextime Scheduling. The Appointing Authority and the Local Union may mutually agree to a flextime schedule provided the schedule does not require the payment of overtime. Any flextime schedule agreed to by the Appointing Authority and the Local Union may be cancelled by either party with a thirty (30) day written notice.
D. Hours Balancing. With supervisory approval, employees may balance hours of work within a work period, provided such time management does not require the payment of overtime.
Section 3. Continuous and Extended Operations.
A. Definitions.
1. Continuous Operations. Any employee or group of employees engaged in an operation for which there is regularly scheduled employment on a twenty-four (24) hour a day, seven (7) day a week basis shall be known as continuous operations employees.
2. Extended Operations. Any employee or group of employees engaged in a work operation for which there is regularly scheduled employment for more than the normal work day and/or normal work week as defined in Article 5, Section 2B and who are not continuous operations employees, shall be known as extended operations employees.
B. Work Day. The normal work day shall consist of eight (8) hours, nine (9) hours, or ten (10) hours of work within a twenty-four (24) hour period, exclusive of a duty-free lunch period. A four (4) hour work day can be scheduled only in conjunction with the nine (9) hour days to complete a normal work week/period. To depart from the normal work day or to establish a shift that is not currently being used by that Appointing Authority in the interest of efficient operations, to meet needs of the public or an Agency, to provide for more beneficial client or student services, or to better use facilities or the working forces, no less than twenty-eight (28) calendar days notice will be given to the Local Union. Upon request, the Appointing Authority will discuss the new schedules with the Local Union affording it an opportunity to express its views, prior to the posting period required in Section 1C. When schedules are changed, by the Appointing Authority, the new schedule shall be posted pursuant to Section 1C. Existing schedules may remain in effect.
C. Turnaround Time. The number of hours between scheduled shifts shall not be less than seven and one-half (7-1/2) hours. Violations shall be compensated at the rate of time and one-half for all hours worked on the shift following the hours of rest.
D. Work Shift. The provisions of Section 1B shall not apply to rotating shifts.
E. Daylight Savings Time. Employees required to work more than eight (8) hours on an eight (8) hour shift or more than ten (10) hours on a ten (10) hour shift due to the change from daylight savings time to standard time shall be paid for the additional hour worked at the rate of time and one-half (1-1/2). Employees required to work less than eight (8) hours on an eight (8) hour shift or less than ten (10) hours on a ten (10) hour shift due to the change from standard time to daylight savings time shall be paid for the actual hours worked. Employees may use vacation time or compensatory time to make up for the one (1) hour lost. Employees in the first six (6) months of employment who would be eligible to accrue vacation, may be advanced one (1) hour of vacation time which shall either be deducted from their vacation leave balance, or deducted from their last paycheck if the employee is separated prior to accruing vacation.
Section 4. Part-Time Hours.
A. Reduction of Hours. If it is necessary to reduce the hours of a part-time position such that the incumbent of the position is no longer eligible to receive the full Employer's insurance contribution or is no longer eligible to participate in the Employer's insurance program, the Appointing Authority shall request volunteers for the position from among part-time employees in the same class, employment condition, and work area/principal place of employment. If one or more employees volunteer for the position, the most senior qualified volunteer shall be offered the position. If there are no volunteers, the least senior qualified employee in the same class, employment condition, and work area/principal place of employment shall be assigned to the position.
B. Additional Hours. When the Appointing Authority assigns additional hours within the fourteen (14) day posting period to part-time employees whose established work day is less than eight (8) hours to work additional hours on a scheduled day of work, the hours shall be distributed to employees then on duty as provided in the applicable overtime distribution language.
Rumors
Information Center
How to file an OSHA Complaint (Link Below)
https://www.osha.gov/workers/file_complaint.html
What is OSHA RECORDABLE?
https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.7
Union Recourses
In Solidarity,
Steve Wilking
Vice President - Steward Coordinator
AFSCME Local 404
VP: Eric Hesse-
Executive Board: Jake Schoenecker- Over the past month I have been sitting investigations and supporting members
Executive Board: Chief Steward Emilio Florez- We are still filing grievances, I attended the labor meetings this month, we met with management via skype and discussed the many concerns staff have brought forward. Investigations are still an issue. Please be to work on time. With all the changes happening overtime is up which can be good depending on how it is perceived, however; inversing is starting to be more frequent as well.
Please take some time to yourself and try to stay healthy. Continue to reach out to us with issues and concerns or ideas on how to fix the issues and concerns. If you or someone you know is in need of support please reach out.
Lastly I would like to share with everyone of MN statue 15.86 Zero Tolerance Policy. To see more please use the MN revisor website.
If you feel you are a victim of maltreatment or harassment from Management please report to Human Resources in Pedersen.
Executive Board: Chief Steward Alex Flores- meet and confer with CBHH/CARE.
Executive Board: Chief Steward Marvin Sullivan-
Executive Board: Nick Weerts: These continue to be busy times for everyone involved with AFSCME. In spite of COVID adjustments, I’ve been attending MSOP Labor Management meetings as well as continuing to collaborate with MNA reps regarding issues in Health Services. We’re in regular communication as we work to get Health Services transitioned to the Atlas Scheduler, as well as ensuring proper scheduling until then. Serious staffing shortages in that department have created some unique challenges that we continue to be on top of. There’s still more to be done, but we’re actively working on it. There are plenty of questions being fielded regarding COVID leave & other work places concerns related to the pandemic. I have filed a few OT related grievances, though there are many delays with HR, due to COVID, so members are encouraged to be patient. Keeping on top of continued work place concerns for CPS as well as other areas. Still striving for good communication & transparency. Please see www.union404.com for all meeting minutes.
Respectfully Submitted, Nick Weerts
MSOP Chief Steward
Executive Board: Jamie Sheppard-
CS Facility Support: Stacey Mueller-
Chief Steward MSH / CRP / Nursing Nights: Kurt Crosby
Annie Jakacki-
Adjourned at 530 PM