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IMAGE Articles for the last years included here. . .These are articles printed in our monthly newsletter, IMAGE. Click on the Article name to go directly to the full article. New Overtime Regulations by John DeTizio As most overtime eligible members now know, the new overtime regulations prescribe that sick leave will no longer be used in the computation of overtime. MAGE continues to contest the overall Regulation change with the Civil Service Commission and through grievances, which are now held in abeyance pending the Commission’s determination. MAGE members should know that these Regulations do not apply similarly to all Departments. Those overtime eligible employees working in health care should continue to receive overtime for working over eight hours in a day. It has become evident that Agency personnel officials are having trouble deciphering the new Regulation. [This has resulted in the misapplication of the overtime policy at Kalamazoo Psychiatric Hospital, where MAGE grievances were filed and all MAGE members were made whole.] This is also currently happening at Mt. Pleasant Center where MAGE has now notified the agency of their misinterpretation of the new rule and MAGE members are in the process of being made whole. Corrections Shift Supervisors in the Department of Corrections appear to have been hit hardest by the new Regulation. MAGE continues to argue that this change has exacerbated the pay-compression problem already existing between the Corrections Shift Supervisors and their overtime eligible employees in the bargaining unit. MAGE is hereby requesting that any Corrections Shift Supervisors possessing information which could be used to demonstrate the severity of the pay compression problem between them and their subordinates be sent to the MAGE office (attention John DeTizio). MAGE PREVAILS IN CORRECTIONS GRIEVANCE A discharged Sergeant at Carson City Correctional Facility was restored to his position with full back pay and benefits. The Issue: Was grievant’s discharge for just cause?The Facts: The grievant was employed by the Department of Corrections at the Carson City Correctional Facility as a Sergeant. On July 9, 2007, he was sent for a random drug test to the Carson City Hospital. He was selected for the random test and was tested pursuant to Civil Service Rule 2-7 and Regulation 2.07.When sent for the random drug test, the grievant was unable to provide an adequate urine sample. His testimony and that of others indicates that the day in question was approximately ninety-four degrees Fahrenheit with relatively high humidity. The grievant indicated that he had been working outside at the facility when he was called for his drug test and that he had been perspiring profusely. He suffers from diabetes and hypertension, and believes that his failure to produce an adequate urine sample was due to dehydration. He indicated that after he left the test facility and was sent home from work, he suffered from a headache and diarrhea, but that after resting and drinking fluids, he was fine the next day. Decision: The medical testimony in this record is consistent to the effect that dehydration cannot be scientifically detected the day after it has occurred if the individual has been adequately re-hydrated. There is no way to medically demonstrate, therefore, that a failure to provide an adequate urine sample was caused by dehydration if the affected individual has rehydrated themselves in the interim. This puts a legitimately dehydrated individual in an impossible situation. For an individual the size of the grievant, the amount of fluids that he was given while at the drug test site, if he was already dehydrated, would not have guaranteed a urine flow within the time frame of the test. Conversely, an individual feigning dehydration, if sent for medical evaluation the next day (as was the grievant) could use the intervening hours to induce actual dehydration, thereby providing a verifiable medical reason for the feigned failure to urinate. Based upon the medical facts in the record, the hearing officer cannot support the discharge of a 21-year employee who has spoken highly of by his supervisor and by the individual who conducted the investigation against him. The discharge is overturned. The grievance is granted. The grievant is to be restored to his position as a Sergeant at the Carson City Correctional Facility with full back pay and benefits.Recent MAGE/DOC “Meet and Confers” Held…
Department of Human Services Alert…The settlement of the DHS lawsuit with New
York-based Children’s Rights, Incorporated concerning the adequacy of
Michigan’s Children Services program has resulted in some dire ramifications
for DHS Managers & Specialists. Some provisions of the agreement
mandate that Supervisors be required to obtain Master’s Degrees and pass
annual competency exams. Any MAGE member interested in serving on DHS work groups convened to implement this plan should contact John DeTizio at jdetizio@mage.org. Field Operations Administration Alert…This year’s DOC budget includes
boilerplate language which requires that a workload study of Parole or Probation
Agent Supervisors and Managers be conducted.
The study shall assess the ability of the supervisors and managers to
carry a caseload of parolees, probationers, or both, in addition to completing
their professional duties as supervisors and managers. MAGE has obtained an agreement with the
Department to provide input into any study and be included in any workgroups or
committees convened to address this issue. MAGE members interested in providing input or testimony should contact John DeTizio at jdetizio@mage.org. 2008 REPORT OF GENERAL COUNCIL It was a good time had by all at this year’s General Council held in Mt. Pleasant on May 17th. President Threehouse was pleased to announce the rollout of the new OPEIU sponsored Member Benefits program. After a Member Benefits overview that was put on by Labor Relations Director, John DeTizio, President Threehouse introduced special guests Gary Kirkland, Michael Miller of PerksCard and Paul Huertas, who discussed MyMedicalRecords.com. (See President Threehouse’s column for more information on these exciting special benefits designed for MAGE-OPEIU members only.) Following President Threehouse’s welcoming of all of the MAGE-OPEIU delegates and alternates to the 26th General Council, he asked for a moment of silence to remember long time board members, Dick Ogle and Opal McGinnis who both passed away this past year. Delegates elected officers and acted on three resolutions. MAGE member and District 1 Director, Kim Perry of Iron River was the winner of the General Council committee’s "Refund of Dues" prize. MAGE Past President and founding member, Mary McClellan, administered the oath of office to the new State Officers before the session concluded. Executive Committee Members taking office on May 17th were: Dale Threehouse of Lapeer, re-elected President; Alan Quattrin of Munising was elected new as 1st Vice President; Karilyn Sanders of Lansing was re-elected 2nd Vice President; Laura Webb of DeWitt was elected new as Secretary-Treasurer; and Y’von Forehand of Oak Park is Past President. In District elections, nine District Officers were re-elected to MAGE’s Board of Directors and eight were elected new to the Board. Re-elected were: District 1, Kim Perry, Director and Mike DeShambo, Deputy Director; District 2, William Manning, Director; District 3, Scott Nicewander, Director; District 4, Marilyn Pagel, Director; District 5, Georgia Green, Director; District 7, Judy Pigg-Behrendt, Director and Mike Versalle, Deputy Director; District 8, Lucille Evans, Director; and District 9, Dorothy Flowers, Director. Elected new to the Board were: District 2, Keena Jones, Deputy Director; District 3, John Spencley, Deputy Director; District 4, Joanne Cripps, Deputy Director; District 5, Richard Koch, Deputy Director; District 6, Karen Flagg, District Director and Lori Simon, Deputy Director; District 8, Brian Douglas, Deputy Director and District 9, Maria Perez, Deputy Director. (See special insert for photos.) MAGE Lobbyist, Ellen Hoekstra of Capitol Services, discussed their firm’s daily interactions at the Capitol concerning the budgets, and how they have been working hard to protect the positions that are being affected. While all of the state department’s are being hit with significant cuts in their budgets, the Department of Correction’s budget is the center of controversy, having to find a way to cut $60 million. The budget has passed the Senate and is now in the House Department of Corrections Subcommittee. The Chair of that subcommittee, Representative Alma Wheeler Smith (D-Ypsilanti) has given ample opportunity for input from MAGE and other state employee unions on the consolidation and centralization. Although DOC Director Pat Caruso defended the plans for prison store consolidations and other centralizations, numerous DOC employees and groups appeared in early May to dispute the department’s assertion of $6-8 million in savings. The Department of Human Services budget bill was reported out of the Senate subcommittee chaired by Senator Bill Hardiman (R-Kentwood). The House passed a DHS budget that came in $22.5 million under the Governor’s recommendations, mostly by paring down some proposed increases in benefits for low-income individuals and families. The bill is not as controversial among state employees as was last year’s DHS budget. Senator Hardiman has backed off his original proposal to privatize all foster care services and has replaced that proposal with a pilot project in Kent County. Ms. Hoekstra also spoke of their involvement in advocating for and supporting HB 5944 that would provide a special early retirement option for displaced employees as a result of the closing of Maxey Boys Training School. In addition, she talked about HB 5545, which is a bill to change the determination of state retiree health benefits from (effectively) the Civil Service Commission to the Office of Retirement Services. MAGE and the Retirement Coordinating Council and other state employee unions and retiree organizations objected to the bill. As a result, current and anticipated changes to the bill would add the State Employee Retirement board to the decision making process rather than removing the Civil Service Commission. This change, however, does not diminish the concerns many state retirees have about having the administration of retiree health care shifted from Civil Service to ORS. Updates on their lobbying efforts will be in future editions of IMAGE. MAGE Resolution #1 SUBJECT: Dental Fillings SUBMITTED BY: District 4 DATE SUBMITTED: February 25, 2008 NOW THEREFORE BE IT RESOLVED that the MAGE Compensation Committee be directed to negotiate with the State Employer for the first four of what dental insurance currently considers back teeth only eligible for amalgam now be eligible for 100% covered composite fillings. ADOPTED WITH AMENDMENT (bold) MAGE RESOLUTION #2 SUBJECT: District Elections at General Council SUBMITTED BY: Constitution & Bylaws Committee DATE PROPOSED: March 13, 2008 NOW THEREFORE BE IT RESOLVED, that Article I. General Council, Section 10. District Elections be amended to read as follows: Section 10. District Elections During the annual meeting of the General Council, a
separate meeting of each district shall be held, at which time ADOPTED WITH AMENDMENT (bold) MAGE RESOLUTION #3 REGARDING OPEIU CONVENTION(S) – WAS WITHDRAWN MAY - JUNE 2008 LABOR RELATIONS REPORT – By John DeTizio Our MAGE General Council meeting in May of each year gives us a chance to reflect on what we’ve accomplished and re-examine what needs to be accomplished in the future. The good news is that we have escaped this horrendous and unfathomably deep budget deficit relatively unscathed. We protected our 2% raise in April of 2008, which your Republican Legislators were dead set on rescinding, and we secured another 1% in October of 2009 and 3% in 2010. Our members in individual departments, however, have not fared so well. Our Managers in the Secretary of State have never worked harder. The changes just keep coming and with each change…new and more stringent demands are made on our Branch Managers. Things are not much better in the Department of Corrections. Although we protected the special raises for the Corrections Shift Supervisors and the clothing allowance pay and the holiday pay for our Captains, the new mandate to find $60 million in savings will hit us hard. The DOC will certainly realize some savings by refusing to pay overtime to Sergeants and Lieutenants who use sick leave in a pay period and then work over 8 hours in a day. This is an issue we are fighting at the Commission, as I write this article. Other changes that will hit our members hard are the consolidation of business offices, warehouses and stores. We have already provided testimony to the Senate sub-committee objecting to some of these actions. For those we cannot stop, we will work diligently with the department to place affected employees. Facilitating the placement of displaced MAGE members is also happening in other areas. Some members from the Maxey Boys Training School are still looking for positions. Some have been forced to accept lower paid positions and many are already enduring a longer commute. Unfortunately, a recent report by the Citizens Research Council confirms that spending pressures will continue to grow faster than state revenues. For nearly another decade, we’re looking at a whopping $6 billion deficit in the general fund between now and 2017. That equates to a one-half billion dollar deficit a year. That’s not small change when you consider the whole budget is only $10 billion. Here we go again… back in the cross hairs. We will be there, to protect the gains we have fought so hard to secure. MAGE-OPEIU Local 2002 members should have already received their new PerksCards, which were mailed in early May. Members will be able to save hundreds of dollars annually on items that they buy every day, such as movie tickets, video rentals, dining out, health care, car repairs, home improvements and much more! Additionally, they will receive discounts on all of their special occasion purchases, including gifts, travel and entertainment. As an example, you may now purchase a $25 gift certificate through restaurants.com and pay only $8.50. That’s a $16.50 savings each time you eat out simply by using your new MAGE PerksCard. Discounts are also available to members when they show their PerksCards at participating merchants’ locations. They can even print discount coupons online, or purchase gift cards to be used at participating merchants’ stores. Directions will be included with the card to register your e-mail address on the PerksCard website, using the exclusive OPEIU code. For more information, visit www.perkscard.com. If you didn’t receive your card, call the MAGE office at 1-800-477-6243. MAGE PREVAILS FOR NURSES IN DEPARTMENT OF CORRECTIONS MAGE members will recall that a recent Civil Service Regulation change resulted in blocking the Department of Corrections from paying Registered Nurse (RN) Supervisors overtime pay for over eight (8) hours of work in a day if the RN used sick leave in that pay period. MAGE objected to the Regulation, which treated Department of Correction’s RNs disparately as compared to RNs working in the Department of Community Health. MAGE objected to the Office of the State Employer, then to the Civil Service Commission staff, then to the Civil Service Commission itself before effectuating the change, which will now protect the overtime pay of RN Supervisors in the Department of Corrections.
On 3/11/08 MDOC announces closure of Robert Scott Correctional Facility The Michigan Association of Governmental Employees (MAGE) is currently in discussions with the Department of Corrections regarding the closures of Huron Valley Men’s Facility and Scott Correctional Facility. The Huron Valley Men’s Facility is scheduled to close February 2009 for a two-month renovation. It is slated to re-open in May 2009 at which time the female prisoners from Scott Correctional Facility will be moved there. The Scott Correctional Facility will then be closed entirely and sold. As always, the Department has agreed to work closely with MAGE to place all affected MAGE members during this difficult period and will try diligently to limit the negative impact expected reassignments may cause. In the meantime, MAGE is currently embroiled in discussions with DOC concerning the overtime issues, and is scheduled to present arguments to the Civil Service Commission at their March meeting. We will try to keep members updated on our progress on these issues through announcements, our MAGE website and our IMAGE newsletter. Specific questions may be sent to the attention of John DeTizio, Labor Relations Director at: jdetizio@mage.org. For more information visit MDOC website:
http://www.michigan.gov/corrections
MAGE ADDRESSES STATE PERSONNEL DIRECTOR By John DeTizio, Labor Relations Director Upon receiving specifics of the recent overtime computation changes, MAGE immediately convened meetings with the Commission employees responsible for implementing the changes. Upon realizing that those responsible for the changes were not inclined to alter what MAGE perceived as inequities, I forwarded the following letter to State of Michigan Personnel Director, James Farrell. As I write this article we are preparing to address the Civil Service Commission with our concerns. Members concerned about the overtime computation changes should visit the MAGE website at www.mage.org for up to the minute progress in this important issue. ___________________________________________________________________ Dear Mr. Farrell: You have probably heard through Matt Fedorchuk and Tom Hall that MAGE is concerned about the application of the changes in the computation of overtime pay. It now appears clear that, once again, the non-exclusively represented employees (NEREs) are incurring the brunt of the compensation loss due to the overtime cost saving measures. When this was discussed during the Coordinated Compensation Process, the understanding was that it had already been negotiated into the rank and file contracts and that all employees would be affected similarly. Now, upon reviewing the "scenarios" provided to us by Matt and Tom it is clear that that is not the case. The first problem is in the Department of Corrections where our Sergeants and Lieutenants will no longer receive overtime pay for working over 8 hours in a day if they have used 8 hours of sick leave in the pay period. However, their subordinates in the rank and file will continue to receive overtime pay for the same situation. James, the Commission has made it very clear in the past that they did not want to see their managers and supervisors affected more deleteriously than the rank and file when it came to wage concessions/cost savings. This was, in fact, on the record during the meetings regarding furlough days and banked leave time days. You will also recall that the OSE and DOC recently granted special raises to our Corrections Shift Supervisors in the DOC. They did this for a few important reasons. One is that there exists a severe pay compression problem between the Officers and the Supervisors. You may recall that during negotiations, MAGE provided the department with stacks of signed testimonials from supervisors willing to demote to Corrections Officers so that they could make more money (particularly through working more overtime). This change directly countervails that initiative and exacerbates the problem we just tried to cure. When we inquired as to why the Department is allowing this inequity to stand… it appears the answer is … "because we can!" This is unfair and un-necessary and is going to create a drastic morale problem as more supervisors become aware of it. Another problem inherent in the soon to be circulated Regulation has to do with the medical professions in the Departments of Community Health, Corrections and Military Affairs. It appears that the Registered Nurses in the Department of Community Health and Department of Military Affairs will receive overtime pay (time and one-half) if they work over 8 hours in a day even if they have taken 8 hours of sick leave in that pay period, while the Registered Nurses in the Department of Corrections will not receive time and one-half. The Department of Corrections is embroiled in a horrendous overtime problem with RNs right now at Duane Waters Hospital. I don’t even want to imagine how this is going to affect that problem. If we cannot resolve these issues prior to the Regulation being circulated for comment, MAGE will be providing comment and requesting time at the March 19th Commission meeting to discuss our concerns If you do not intend to address the Regulation at the March 19th meeting, we are hereby requesting to address the issue anyway… since it is already being applied before the Regulation has been circulated for comment, which, in itself, is unfair to us and the other Limited Recognition Organizations. Finally, if you hear that the Commission meeting is going to be rescheduled, we would appreciate as much advance notice as possible, even if it is only a one-hour change. As always, I sincerely appreciate your cooperation and assistance and prompt response to my communications. John DeTizio, Labor Relations Director NOMINATIONS FOR OFFICE by Alan J. Quattrin, Nominations & Resolutions Committee Chair In Mt. Pleasant this year, delegates attending the 2008 General Council will vote for Board offices. The MAGE Nominations Committee is required to nominate all candidates for State office whose applications were postmarked on or before March 15, 2008. The Nominations Committee announces the following candidates for State Office: President – Dale L. Threehouse (Lapeer) Qualifications/Experience: Incumbent. Dale is a founding member of MAGE who helped establish the MAGE office, organize the membership, and form the initial MAGE bylaws, policies and procedures, which have served MAGE well for more than two decades. He has previously served as President, Vice-President and District Director. Dale is the current MAGE-OPEIU President, and helped culminate the affiliation with the Office & Professional Employees International Union, and the merger with OPEIU Local 512. He has served on most of the MAGE Committees over the years, has a long standing loyalty to MAGE, and a strong commitment to making MAGE-OPEIU bigger and better. Work History: Retired in 1997 after a twenty-five year career with the Michigan Family Independence Agency, and recently retired from his job in the private sector. 1st Vice President – Alan J. Quattrin (Munising) Qualifications/Experience: A member since 2003, Alan was elected as District Director in 2005 and then re-elected in 2006, and 2007 where he has continued to serve. He was appointed to serve on both the Membership & Public Relations Committee and the Nominations & Resolutions Committee, and continues to serve those appointments. He has also served as MAGE delegate to General Council. Alan has also represented fellow MAGE members in the Upper Peninsula in disciplinary conferences, and has attended several labor management meetings with the MAGE Labor Relations Representatives. Prior to his MAGE membership, Alan was very active in the Michigan State Employees Association, serving in a number of capacities over a 19-year span. Work History: Alan retired from the state after 32 years with the Department of Corrections. He started as a Corrections Officer and immediately promoted to a Teacher position, working in that capacity for 20 years. He promoted to School Principal where he finished his career before retiring. 2nd Vice President – Karilyn S. Sanders (Lansing) Qualifications/Experience: Incumbent. Became a supervisor for the Department of Corrections in January 1993, and subsequently joined OPEIU Local 512. As a state employee, she has attended numerous Leadership classes, including discriminatory harassment, transitional employment programs, and employee & prisoner drug testing programs. As an active OPEIU member, Karilyn was elected and served on the Executive board of Local 512 as a trustee for seven years, until the merger of Local 512 with Local 2002. She participated in many training sessions offered by OPEIU on both the local and international level where she gained knowledge on the grievance & disciplinary process, which allowed her to perform as a representative/steward at disciplinary hearings. She has served on the MAGE-OPEIU Board as 2nd Vice President since 2005, and is the current Chair of the Membership & Public Relations Committee. Work History: Hired into the Department of Corrections in 1988, working at Riverside Correctional Facility, Riverside Psychiatric Center, Handlon Michigan Training Unit, and G. Robert Cotton Correctional Facility. Was promoted in 1993 to Corrections Shift Supervisor 11, promoted again in 1998 to Corrections Shift Supervisor 12, and again in 2007 to Corrections Shift Supervisor 13. Secretary/Treasurer – Laura M. Webb (DeWitt) Qualifications/Experience: Laura joined MAGE in 1997 when she became a supervisor. She has twenty-three years experience working for the State in accounting, and currently works for the Department of Community Health. Laura was elected to serve as a MAGE delegate to General Council and later elected as Deputy Director of District 6. She was also appointed to serve on the MAGE Finance Committee, where she still serves. Laura has been an active volunteer in her community, using her financial background to serve in various positions on the Community Fund, the Library Board and Recyclers Group. Work History: Began her career in State Government in 1976 working for the Department of Education, where she worked for 17 years. She moved on to the Department of Labor/Consumer Industry Services/Department of Labor & Economic Growth, and finally to the Department of Community Health were she is a Department Supervisor in Vital Records & Medicaid. MAGE Resolution #1 SUBJECT: Dental Fillings SUBMITTED BY: District 4 DATE SUBMITTED: February 25, 2008 WHEREAS the four "eye" teeth are visible when smiling AND, WHEREAS they currently are only covered by insurance for gray-colored amalgam AND, WHEREAS they should be 100% covered for white composite fillings AND, NOW THEREFORE BE IT RESOLVED that the first four of what dental insurance currently considers back teeth only eligible for amalgam now be eligible for 100% covered composite fillings. MAGE RESOLUTION #2 SUBJECT: OPEIU Convention(s)
SUBMITTED BY: Constitution &
Bylaws Committee
DATE PROPOSED: March 13, 2008 WHEREAS, MAGE is entitled to representation at any OPEIU Convention AND, WHEREAS, the OPEIU Constitution requires that such delegates be elected AND, WHEREAS, THE OPEIU International Convention is held once every 3 years, but Conventions and special Conventions can be called with only 90 days notice for conventions and 45 days notice for special conventions AND, WHEREAS, members elected as delegates to the convention should be currently active, knowledgeable and experienced within the MAGE Association AND, WHEREAS, the 2007 General Council Delegates referred Resolution #4 pertaining to this subject to the Constitution & Bylaws Committee for study, the following resolution is presented AND, NOW THEREFORE BE IT RESOLVED, that a new Section 15. OPEIU Convention(s) be added to Article I. General Council to read as follows: Section 15. OPEIU Convention(s) At the General Council, in the year of the OPEIU International Convention, the delegates and alternates which MAGE is entitled to elect to the convention, shall be elected. The positions of President and Labor Relations Director (only if a member) shall be automatically designated delegates to the convention. The elected delegates to the International Convention shall serve as the elected delegates to all other OPEIU Conventions and/or special Conventions until replaced by the next election held for delegates to the International Convention. (a). Nominations
(b). Elections
MAGE RESOLUTION #3 SUBJECT: District Elections at General Council SUBMITTED BY: Constitution & Bylaws Committee DATE PROPOSED: March 13, 2008 WHEREAS, due to a problem encountered last year the MAGE Board of Directors requested the Bylaws Committee look into the bylaws, policies, guidelines, manner and process used for the Districts to elect their Director and Deputy at General Council AND, WHEREAS, it was discovered that no guidelines existed; thus guidelines shall be written and presented to the Board for approval AND, WHEREAS, it was noted that in the bylaws only District Council Delegates are permitted to vote, therefore denying the right to vote for any Member-At-Large or Alternate present from that District AND, NOW THEREFORE BE IT RESOLVED, that Article I. General Council, Section 10. District Elections be amended to read as follows: Section 10. District Elections During the annual meeting of the General
Council, a separate meeting of each district shall be held, at which time The grievant, a Social Services Program Manager 4, was dismissed from a position with Human Services based on allegations that were not supported by competent, material and substantial evidence. The dismissal of the grievant was found to be without just cause by the Hearing Officer. The grievant was ordered to be reinstated to the original position with full back pay, seniority and benefits. (December 2007)
This case is just one example of hundreds of cases that your
MAGE Labor Relations staff takes to arbitrations, mediations and Civil
Service Hearings. Thousands of issues have also been resolved during the
initial stages of the grievance procedure and in "meet and confer"
sessions.
The MAGE Labor Relations staff represents members day-in and day-out at investigatory and disciplinary conferences, grievance hearings and technical complaints. They are there to enforce member’s rights when adverse personnel actions occur, e.g., closures, reorganizations, arbitrary transfers, disciplinary action and position abolishments. Some employees will say "I |
