General Membership Meeting-AFSCME 404

August 24, 2020

4 PM Video Conference

Present:

Adam Castle, Ryan Cates, Steve Wilking, Emilio Florez, Annie Jakacki, Alex Flores, Kurt Crosby, Eric Hesse, Marvin Sullivan, Jeff Brand, Antonino Guerrero

*Jeff Brand spoke, asking for AFSCME endorsement. He has been endorsed by Council 5, Council 6, and would like local 404. Cates-with budget cuts concerns. 44 positions being eliminated that were agreed upon in 2017 with BMS. Now due to funding issues, they are not filling them and more through attrition. No management positions, only line staff. Jeff-In June, we needed 50 million to keep people working in DHS and corrections. 44 people not hired is a safe staffing issue, no matter who you are talking about on the line. I am for safe staffing. We need more boots on the ground and less administrative. Seems there are 4 levels. I want to get that 50 million for safe staffing. We have to look at budget and cost reductions, but we need to look at revenue raisers and we have a rainy-day fund. The governor has made it priority to spend money on supplemental budget. My voting record has been yes in favor of supplemental budget. I will be against cutting staff. I want to make sure you are all safe and make sure you can have time off for mental health as well.

Eric Hesse makes a motion for local 404 to endorse Jeff Brand for district 19A seat for the house of representatives. 2nd by Emilio Florez. Motion Passes.

The local donates money to the food pantry in FMHP. Reminder that if inversed or overtime you can go there and pick up a snack.

Members are requesting to have in person meetings.

Eric-MSOP moose lake and St. Peter they are going to close down the DOC section. One staff from St. peter will be affected and will be notified. If you have not been notified, you are safe. That person will have the ability to bump the least senior staff. They are asking for voluntary layoffs.

Cates-in forensics there were 44 positions that were going to be filled. They are not filling now. 13 are afscme positions. Will not get filled. They are going to look at every position and go through attrition. Pay attention to them not filling positions and let us know. Steve-through attrition, there are some positions that have a high turnover rate. That you cannot keep cutting certain disciplines, so you have to cut somewhere else. Kurt-High turnover positions, is it something they won’t fill because it costs money? Annie-They will look at all positions vacant. Might be some they put on hold because it is a position they can still operate. With high turnover positions, they will not put a freeze because they need that filled. The Breakdown is as follows:

Steve-If you are being brought in as a non-subject, management is saying you don’t have a right to union representation. Say “I will not answer your question until you get union representation.” You have the right to representation. You are required to go but not required to answer questions without representation. Annie-the Weingarten rights don’t apply. If management calls you in and says you don’t need one, that is incorrect. They can say you don’t need one at this time. If they are asking questions that could result in discipline, you have the right to representation. You can stop the investigation and invoke the right. A non-subject can become a subject through the questioning.

Jeff Brand asked for help with literature drops and phone banks. If interested, contact Cates, Hesse, or Wilking.

Steve Wilking motions to pay up to $2000 to purchase supplemental T-Shirts. 2nd by Hesse. Motion Passes.

We have received communication from members of things we can improve on with New member orientation. Such as T-Shirts, lanyards, etc.

*Any contract proposals need to be sent to Eric or Ryan by October 9th! Speak now about anything you want to see changed in the contract. After this date, nothing can be added.

1.Secretary Report:

Motion to approve August meeting minutes by Adam Castle. 2nd by Steve. Motion passes.

2. Treasurer-Antonino Guerrero:

STATEMENT OF INCOME AND EXPENSES FOR MONTH ENDING: August 2020

CASH BALANCE BEGINNING OF MONTH: $ 110658.38

INCOME FOR THE MONTH: $ 1558.37   

EXPENSES FOR THE MONTH: $ 705.44

CASH BALANCE ENDING OF MONTH: $ 111511.31

SAVINGS: $ 80245.54

SUBMITTED BY: Antonino Guerrero

Motion to accept upon audit by Hesse. 2nd by Steve. Motion Passes.

3. Correspondence:

FMHP Meeting Minutes: https://www.union404.com/news/september-2020-fmhp-meeting-minutes

MSOP Meeting Minutes: https://www.union404.com/news/september-2020-msop-meeting-minutes

CBHH/CARE Meeting Minutes: https://www.union404.com/news/september-2020-cbhhcare-minutes

4. New Business:  

5. Old Business:

6. Items from the membership:

7. Good and Welfare: Charity drive for gifts. We gave to Nicollet and Le Seuer County. If staff have any other ideas of where to go, contact Kurt Crosby.

We will not be doing a holiday party due to Covid. If members have any ideas, contact any Eboard member!

8. Officer Reports:

President: Ryan Cates- Did not attended Forensic meet and confer because I was on vacation.

Attended Weekly covid-19 updates- Management continues to refuse to support hazard pay for employees working during this pandemic. Management also continues to not allow our members to bring their own mask from home and requires us to wear state provided procedural masks.

Attended MSOP Meet and Confer via teleconference.

Filed multiple grievances and sat investigations.

               Talked with members in multiple work areas and listened to their concerns.

Presented and argued grievances.

Became even more frustrated with management.

Communicated information to E-Board members about issues facing the Local.

Chaired the Executive Board Meeting

Chaired the General Membership Meeting.

Met with MSOP administration and HR about budget cuts and what it means for our members. In MSOP AFSCME will lose 1 position to layoffs, an OASI position.  Management would not guarantee there will be no more reductions in the future.

Met with Forensics Management and HR about budget cuts and consequences for our members. Forensics will not lay off any of our members but they are not hiring positions, that that had agreed to, for the next 2 years. A list of what positions they are eliminating is included in the general membership meeting minutes.

Attended the Council 5 Convention over Zoom. This year was an election year and all Chair Officer and Executive Board seats had to be filled. Eric Hesse, our Local vice president, ran for Council 5 President and Najib Jamac, a Local steward, ran for Council 5 Executive Board for state sector. Since voting was done online we will not know the results for a couple weeks.

 If any member of Local 404 feels they are not being represented by our Union, please let me know. We cannot fix problems if we do not know there is a problem.

 We ask that all members who are interviewed as non-subjects in an investigation, request Union representation. If management refuses, then members should refuse to answer questions. Participation in investigations is completely voluntary and they cannot coerce you to answer their questions. We need to do this to compel management to discontinue their practice of refusing to allow Union representatives into investigations.

VP: Steve Wilking- I continue to field many phone calls regarding union questions.  This is awesome so keep calling with your questions.  I continue to attend meetings which include Forensic Meet and Confer, CBHH and Care, weekly check-ins and Interest Based Problem solving.  I continue to file many grievances on your behalf.          

     Communication

  We are offering a Steward Training on Friday Oct. 9th   approximately 8am to 4 pm.  Please contact me if you are interested.  I will be reaching out to businesses shortly to lock in the venue.  If we can’t do that we will conduct the training via Zoom.  Please continue to ask questions and read the contract.  Management continues to violate our contract and wrong our members.  We NEED to file grievances on these to hold them accountable.  Please reach out to any elected officer for any questions or grievance concerns. 

Bid movement.  If you have a person leave your unit and there is a bid posting, and it goes dead.  There should still be a day off adjustment for your unit.  If this is not happening please let me know IMMEDIATELY. 

Staff injuries are up.  Please be careful out there.  If you are requiring anything beyond first aid and or miss work please let us know.  We would like to have a good and welfare committee member check in with you to ensure you are ok and if you have any needs.  We can also point you in the direction of any help is needed. 

Lastly, Management continues to investigate people.  This is nothing new and again I will remind you of your Weingarten Rights.

 I’d like to communicate about investigations.  There continues to be many.  There are both Subject and Non-Subject investigations.  Your local union’s recommendation is to have a union steward present for your investigation.  This recommendation is to protect YOUR rights.  Management continues to state that you are not allowed a union rep if you are not the subject of an investigation.  This is not our stance! I have copied and pasted a link for you to understand what your Weingarten Rights are.  Here is the link

 https://www.umass.edu/usa/weingarten.htm  

There are (2) sections I want to point out.

(1)  The purpose of the interview is to elicit facts from the employee to support disciplinary action that is probable or that is being considered, or to obtain admissions of misconduct or other evidence to support a disciplinary decision already made.

(2)  Rule 2 - After the employee makes the request, the supervisor has 3 options. S/he mug either:

1. Grant the request and delay the interview until the Union representative arrives and has a chance to consult privately with the employee: or
2. Deny the request and end the interview immediately; or
3. Give the employee a Choice of: 1)having the interview without representation or 2) ending the interview

AFSCME’s Recommendation to you for any and all NON-Subject investigations are as follows.  I refuse to answer any questions until I have a Union Steward Present. 

Note:  You can’t refuse the investigation.  You can refuse to answer the questions as they are voluntary.  This is why we make the above statement.  Also, at any point in time a NON-Subject investigation can turn into a Subject investigation based on YOUR answers.  Also, we don’t want the investigator to badger or coheres an answer from you that you didn’t intend to give. 

So what is my summarization here….. Know your contract! Know your RIGHTS! And lastly, when in doubt CONTACT A STEWARD! 

Now I apologize for the caps with the punctuation.  I’m emphasizing things for your benefit.  We are here to work for you…. To represent you.  Please utilize our knowledge and experience.

     Contract

www.union404.com

ARTICLE  7 Holidays

Below are the Sections and Subsections I have copy and pasted as the highlight of this Article.  I believe they are self-explanatory.  If you have questions, please let me know and I’m more than happy to assist. 

Section 2. Observed Holidays.

1. Observed Holidays.
2. Floating Holiday

Section 7. Holiday Pay

Section 8. Work on a Holiday

1. Scheduling
2. Payment

 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

www.union404.com

VP: Eric Hesse- I have sent out a call for contract proposals for the upcoming round of negotiations for the 2021-2023 State of Minnesota contract. Please send me all proposals by Friday, October 9th. If you have any questions on what can be a proposal, please feel free to reach out. We will be voting on contract proposals at the next General Membership Meeting set for Thursday, October 15th.

We continue to meet with management weekly to discuss any issues that are COVID related. If you have any issues or questions surrounding anything that pertains to PPE, COVID, or anything else related to that.

This month, I attended the SEPC Conference, which was virtual, where we discussed and voted on the upcoming bargaining structure for the state contract. Also, myself and others attended the Council 5 Convention, which was also virtual, where we heard from AFSCME International President Lee Saunders, Governor Tim Walz, and Senator Tina Smith. The theme of the convention is Stepping Forward Together. There were no resolutions or amendments made to the Council Constitution.

As always, if you have any issues, questions, or concerns, please feel free to reach out to us.

Executive Board: Jake Schoenecker- Sitting investigations as union rep and attending meetings

Executive Board: Chief Steward Emilio Florez- This month I attended all our normal meetings this month except interest based problem solving as we no longer are having that meeting.  We are taking contract proposals so please bring forward your issues and ideas to the next general membership meeting. I also attended AFSCME online council 5 online convention. We continue to look to improve our operations and fix any issues we can. Please see minutes for updates. If you have any questions reach out.

Please continue to wear masks and follow procedures. If there you have any issues we can address them.

Executive Board: Chief Steward Alex Flores- Report – Attended MSH safety meeting as well as meet and confer.

-          Attending CBHH Rochester & CARE meet and confer

-          Filed grievances

To those working in CBHH Rochester and CARE, feel free to email me with questions for management and concerns in your work areas.

Executive Board: Chief Steward Nick Weerts- It’s been a busy end of the Summer here in MSOP. I continue to attend Labor Management meetings and assist with New Member Orientation, as well as regular joint meetings with MNA reps & Nursing Admin as we continue to address long term issues and concerns across that work area, as well as finally get ready to have the Atlas Scheduling System launched. This has been an extremely slow process and taken far longer than any of us hoped for. We did put proposed schedule changes to the LPN membership for a vote, which was supported by the majority. We have yet another meeting schedule for early October, which hopefully will get a confirmed timeline for the upcoming changes. Health Services staffing shortages were better for a while, but with the contract LPN position ending, and additional staff out on long term leave, it’s likely the shortages will be returning.

All Members are encouraged to stay informed of any COVID leave policy changes, especially as we get into Autumn and the school year.

We continue to stay on top of budget concerns as well as any staffing changes during these uncertain times. All members are encouraged to reach out with any concerns & questions or their own.

Communication continues to be key to our success & strength, so Members are encouraged to reach out with concerns/observations. Please see www.union404.com for all meeting minutes.

Respectfully Submitted,
Nick Weerts

MSOP Chief Steward

10.1.20

Executive Board: Chief Steward Marvin Sullivan-

Executive Board: Jamie Sheppard-

CS Facility Support: Stacey Mueller- Nothing to report at this time.

Chief Steward MSH / CRP / Nursing Nights: Kurt Crosby-It has been another busy month for is, with continued investigations and trying to come to agreements with the appointing authority. I have sat several Investigations trying to get clarification on the process and distribution for intermittent language. Please remember to be mindful of your surroundings, and watch each other, injuries are up and   staff are out for various reasons. Please be safe.

Annie Jakacki-Convention is going on as we speak. If you have arbitration files, get them to me. Membership is at 95.4 percent. 854 members out of 895. Council 5 also has phone banks if you would like to get involved contact the Eboard.

Motion to adjourn by Castle. 2nd by Kurt. Motion Passes.

Adjourned at 524pm