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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.
January 2010 Labor Relations Report by John DeTizio OK wait a minute... I need a minute to digest this. Our managers work hard and go the extra mile and take on more responsibility and step up when times are tough... then they get promoted so that when times get tough...the administration can show its appreciation by giving a 3% raise to their subordinates. If it wasn't so sad it would be laughable. It's actually hard to believe that the administration thinks that they can get away with giving a 3% raise to our subordinates and exacerbating the pay compression problems that already exist in so many departments. Have they not heard what we've been telling them? Do they think we're making up these stories about the drastic morale problems throughout the supervisor ranks. Do they think we're kidding or exaggerating when we tell them how many supervisors want to demote? I just can’t imagine how our supervisors and managers in every department are expected to incur more cuts to staff and peers...and now pay...and continue getting the job done. You expect us to keep motivating our staff. You expect us to continue coming up with creative ways to get more work done than ever before, with less...and to show your appreciation...you're going to take away the 3% raise that our subordinates will likely be receiving? The fact is that in the last 10 years we have gone from 73,000 state employees to 53,000 while maintaining the same population in Michigan. It now sounds like more cuts are imminent. In the Department of Human Services, DHS, we have experienced a tsunami-sized surge in caseloads...400,000 more than last year due to our economic collapse. Over 2 million families now receive some kind of assistance. Some case workers are handling close to 1000 cases and over 100 calls per day. We have been sharing these concerns with our MAGE lobbyists who, in turn, have been haunting your representatives in Lansing with these horror stories. The DHS director of field operations admits that there are now only 8600 employees in the field and based upon the surge in demand we now need at least 700 more. Adding to the problems in DHS is the new BRIDGES project, which is a program designed to consolidate the functions of a bunch of different systems that workers currently use. There is no doubt that the intended purpose of making life easier for all will come to fruition eventually, but working the kinks out is taking a toll on our members. Problems include "dropping" customers off the system, losing data that’s already been entered and every time a new county goes on the system the whole system slows down. This makes it even more difficult to process cases in a timely manner, so customers get angry and hostile, and our supervisor’s subordinates get angry and hostile and our supervisor’s supervisors get angry and hostile…and who’s stuck in the middle…but our middle managers. Similar situations are occurring in other departments. In DMB where they have already laid off a number of carpenters, they will be reconfiguring all buildings into zones. Where we had 25 facility supervisors supervising 25 buildings, we will have 7 supervising zones of buildings. In the Department of Community Health, DCH, our RN supervisors remain woefully understaffed and the carnage occurring in the Department of Corrections, with the closure of so many prisons and camps has caused consternation for untold members. In FY-2001 the Department of State employed 270 managers. By 2007 they employed 196. Consolidations of DMB and DIT will undoubtedly result in some surplus staff as will the consolidation of DEQ and DNR…and it will not end there. Every department will feel the pinch next time around if your Governor does not succeed in convincing our representatives in Lansing to raise some revenues. We will fight the concessions and we will likely go to court over the 3% raise that we agreed to two years ago and the OSE now sees fit to retract. We will keep up the fight for all NEREs. Your MAGE lobbyists, along with your staff and officers are doing the best we can, but we need your help. Call your representative today...before it is too late...Tell them that we cannot cure this firmly entrenched structural budget deficit problem with more cuts. Tell them that we've taken enough and we can't take any more. Tell them to raise revenue now...before it's too late. Oh, and by the way...if you think that it's fair to take away our 3% base wage increase while giving it to your subordinates...fine...but if you think it's unfair...maybe it's time to convince your non-MAGE member peer to join us in this worthy fight. FURLOUGH DAY DEBACLE by John DeTizio Once again our managers, supervisors and confidential employees have been forced to bear the brunt of the savings realized from the temporary layoff days. In some departments the supervisors were hit with furlough days while their subordinates were not. The logic behind this inequity is not all together flawed. If you furlough the rank and file in 24-hour operations, the overtime fostered by the furloughs eats up the anticipated savings. This said, the inherent unfairness of forcing supervisors and managers to bear the brunt of the savings is causing a serious morale problem. It has gotten so bad in the Department of Corrections, where a pay compression problem already exists between the supervisors and the rank and file, that the officers have taken to laughing and taunting the supervisors for unwisely remaining supervisors. In many of our state hospitals nurse supervisors are being furloughed while their subordinates are paid overtime to work in their stead. In fact, we remain so woefully short staffed with RN supervisors that on many occasions RN supervisors have worked overtime to cover for their furloughed peers. Where is the saving here…and where is the logic? Similar inequities are occurring in the DOC and other departments. This same thing happened during the last furloughs in 2004. We tried to pro-act. We tried to get to the powers that be to remind them not to furlough these supervisors and consider them "essential positions". Our adjurations fell on deaf ears again. In the Department of Human Services some of our supervisors were furloughed on Friday and then forced to work on Saturday. Grievances have been filed. President Threehouse and I recently met with Sharon Bommarito, Director of the OSE, to share the documentation that MAGE has accumulated showing specifically where furlough days have cost the state money. MAGE member, Maxine Collard also attended, providing first-hand examples of the problems the furlough days are causing at Duane Waters Hospital. We also convened meetings with our lobbyists and legislators and the Governor’s office to discuss the morale problems these furloughs are causing. MAGE members Fred & Ellen Spes attended a meeting at the Capitol where they shared their first-hand experiences of the morale problems at Caro Regional Center. Our hope is to avoid another round of furloughs during the next fiscal year. Our fear is that furloughs may be the best option, considering the anticipated budget deficit for next year. Unfortunately we are still facing a firmly entrenched structural budget deficit…meaning that if the state doesn’t make permanent cuts, we’ll have the same problem next year. Permanent cuts mean possible cuts to our general pay, which affects our final average compensation, which affects our retirement for the rest of our lives. This is not a small budget deficit we are facing for the 2010 budget year beginning October 1. We are now looking at a $1.8 billion deficit in the general fund and a $1 billion deficit in the school aid fund. Now is the time to talk to your representatives to remind them that state employees have already done more than their share to cure the budget deficit. Your Governor is attempting to raise taxes as I write this article. She needs your support now. Even if you harbor a morbid aversion to taxes, you must remember that taxes equal revenue and revenue is the only way to protect our raises and our jobs and our futures. We cannot sit idly by and allow our representatives to advocate against tax increases today and then call tomorrow and complain about position cuts and furlough days. MAGE has another OPEIU Howard Coughlin Scholarship Winner! Amelia Neumann-Moore (second from left), daughter of MAGE member, Mary Neumann (left) received her scholarship award from President Dale Threehouse (right) and a $500 check from District 8 by Deputy Director, Brian Douglas (second from right) at the Board meeting on Saturday, September 12. MAGE-OPEIU Local 2002 is pleased to announce that Amelia Neumann-Moore, daughter of MAGE member Mary Neumann, is the proud recipient of the Howard Coughlin Memorial Scholarship. She is the third one from Local 2002 to win this scholarship. Amelia graduated from Pinckney High School with a 3.8 cumulative GPA and 31 ACT score. She was one of the top 25 students in her graduating class, graduating Summa Cum Laude. Amelia received an Academic Varsity Letter for all 4 years of high school and was a member of the honor roll. Additionally, she taught children swim lessons and life guarded all during high school. Outside of school, Amelia enjoys ballet, having 13 years of training with Brighton School of Ballet. She is attending the University of Michigan Ann Arbor Literature, Science and Arts College where she plans to pursue a career in nursing. "We are very pleased to have yet another one of our member’s children win this scholarship", said President Threehouse. "This is what its all about, being able to do good things for our hard-working members, especially in these trying economic times". In addition to the scholarship, Mary Neumann’s local MAGE District 8 also contributed a check for $500 to help Amelia on her way. Twelve more full-time, 4-year scholarships will be available in 2010. Information and applications for the Howard Coughlin Memorial Scholarship will be available January - March 2010 and can be obtained at www.opeiu.org, and click on "member resources". Members can also call MAGE directly at 1-800-477-6243.
A recently formed group of top level CEOs calling
itself Business Leaders for Michigan has issued an ultimatum to our state
leaders. "You have failed", the group warns, "We have a plan to
fix Michigan, and if you don't embrace it, we will spend big to elect
candidates who will". The group, which appears to be headed by Doug
Rothwell, who MAGE members will remember from the Engler's years, is
threatening to "bundle" their contributions and spend big on
selected races. Their demands include the following:
1.) Cut state employees pay to the average of
state workers around the country or Michigan private sector workers.
2.) Cut state workforce by 5-10%.
3.) Require state employees to pay more to health
insurance premiums.
Below is a link to the list of these HIGHLY paid
CEOs who have determined that YOU are being paid too much and that you
are still not working hard enough even though, we have fewer employees
now than we had in 1973 with 1.3 million more Michigan citizens. In 2001
we had 63,000 state employees. Today we have 53,000 with more cuts on the way
and a planned consolidation of departments from 18 to 8 which will surely
result in more position abolishments.
MAGE MEMBERS SHOULD TAKE A MOMENT TO VIEW THIS
LIST OF CEOs. TAKE NOTE OF THE COMPANIES THEY LEAD OR OWN AND MAKE A POINT OF
LETTING THEM KNOW HOW YOU FEEL. THE FIRST NAME IS DAVID A. BRANDON, CHAIRMAN
OF THE BOARD OF DOMINOS PIZZA. THE NEXT TIME A MAGE MEMBER ORDERS A
PIZZA....WILL IT BE FROM DOMINOS.....AND THE LIST GOES ON.
June Labor Relations Report by John DeTizio The bad news just keeps pouring in. Our latest revenue estimating conference does not bode well for the rest of FY 2008-09 and is even worse for 2009-10. We are now facing a $1.2 billion dollar budget deficit for the rest of this year… that is $1.2 billion just for June, July, August and September. Remember, it was only a $200 million budget that resulted in your furlough days and banked leave time hours four years ago. It now appears likely that we will once again be facing more furlough days. By the time you read this, you will know what days most departments without 24-hour operations will mandate as furlough days. It is important that MAGE members know that your staff and lobbyists and officers have been working hard to protect the base pay of our members through these trying times. Nothing is more important than protecting our base wage rate. If the republican caucus had their way, we would be losing 5% of our pay, in addition to the furlough days. For the average NERE making about $73,000 annually, this would mean they would make only $69,350 this year… and this is what is more important… your percentage increases in following years would be based on that smaller base pay rate. That means that the 1% raise in October of 2009 and the 3% raise in October of 2010 would be based on that smaller number, and all raises after those, thus affecting your base pay long into the future, and your final average compensation…or pension, for the rest of your life. I’m certainly not saying that we should be grateful for furlough days. Everyone knows that state employees have already done more than their share to cure the budget deficit… but there is no doubt in my mind that, if we were facing Governor DeVos instead of governor Granholm… we would also be facing a 5% reduction in our pay. The worse news is that the predictions for FY 2009-10 are even more dire. A projected $2 billion budget deficit is not chump change, when you consider that the whole general fund is only $10 billion. All I can tell you is that your staff, your officers and your best lobbyists in the State of Michigan, Capitol Services, Inc., will continue fighting to protect the gains we have fought so hard to secure. The 2009 General Council has come and gone, but the work for the 2009-10 Board of Directors has just begun. At the Kellogg Center at Michigan State University, President Threehouse welcomed the MAGE delegates and alternates to General Council. President Threehouse delivered an upbeat message about the plight of our state employees, the budget and the dire predictions for FY 2009-10. He recounted a long list of battles MAGE has been engaged in and updated the Board on the many meetings convened with legislators and staff regarding the expected budget deficit. MAGE Labor Relations Director, John DeTizio gave a special labor relations report on the types of day-to-day work being done by the labor relations’ staff. MAGE lobbyist, Ellen Hoekstra of Capitol Services, Inc., delivered the bad news between the growing budget deficit and the just released revenue report. A figure jointly and unanimously agreed upon by the Senate and House Fiscal Agencies and the State Treasury projects that the outlook is very grim for next year. The next fiscal year budget beginning October 2009 contains a significant deficit making it certain we face even larger budget cuts to each Department. Ellen talked about the meetings she has held with legislators, and recounted numerous meetings she made possible between our Board members, the governor’s staff and legislators. Following her presentation, a two-minute video of State Senator Gretchen Whitmer was played of her speaking up for state employees in a budget meeting. Senator Whitmer was introduced and as she made her way to the podium was given a standing ovation by all in attendance. Her sincere dedication to protecting the state employees was felt by all. The Senator thanked state employees for their continued dedication and hard work to the citizens of this State, even during these unfortunate economic times. Later in the afternoon, Edward Carrington from ING, the money manager for the state’s 401(k) and 457 plans, gave a power point presentation on the types of ways state employees can best manage their retirement funds. Delegates elected officers and acted on two resolutions. MAGE member Lane Stewart of District 7 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 16th were: Dale Threehouse of Lapeer, re-elected President; Alan Quattrin of Munising was re-elected new as 1st Vice President; Karilyn Sanders of Lansing was re-elected 2nd Vice President; Laura Webb of DeWitt was re-elected new as Secretary-Treasurer; and Y’von Forehand of Oak Park is Past President. In District elections, all nine District Officers were re-elected to MAGE’s Board of Directors. Re-elected were: District 1, Kim Perry, Director and Mike DeShambo, Deputy Director; District 2, Keena Jones was elected as District Director and William Manning, as Deputy Director; District 3, Scott Nicewander, Director and John Spencley as Deputy Director; District 4, Marilyn Pagel, Director and Joanne Cripps as Deputy Director; District 5, Georgia Green, Director and Richard Koch II as Deputy Director, District 6, Karen Flagg as Director and Lori Simon as Deputy Director; District 7, Judy Pigg-Behrendt, Director and Mike Versalle, Deputy Director; District 8, Lucille Evans, Director and Brian Douglas, Deputy Director; and District 9, Dorothy Flowers, Director and Maria Perez as Deputy Director. Director. The following resolutions were adopted by the General Council delegates: MAGE RESOLUTION #1 SUBJECT: OPEIU Convention(s) DelegatesNOW THEREFORE BE IT RESOLVED, that a new ARTICLE XIV. OPEIU Convention(s) be added to the Bylaws to read as follows: ARTICLE XIV. OPEIU Convention(s) Six months prior to the OPEIU International Convention, the delegates and alternates to which MAGE is entitled shall be elected by the membership by means of a mail ballot. Those elected delegates to the International Convention shall also 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. Section 1. Candidates
Section 2. Elections
Section 3. Delegates
MAGE RESOLUTION #2 SUBJECT: Support the Employee Free Choice Act NOW THEREFORE BE IT RESOLVED, by MAGE OPEIU Local 2002 that we call upon the United States Congress to enact the Employee Free Choice Act, which would authorize the National Labor Relations Board to certify a union as the bargaining representative when a majority of employees voluntarily sign authorizations designating that union to represent them; provide for first contract mediation and arbitration; and establish meaningful penalties for violations of a worker’s freedom to choose a union; and be it further RESOLVED, that copies of this resolution be transmitted to the President of the United States and the members of the Michigan congressional delegation.
BUDGET CUTS HIT HARD - Labor Relations Report by John DeTizio In my December column, I warned members that state economists were predicting a $500 million budget deficit and that this would undoubtedly cause some consternation for our members. In our January 09 president’s report, President Threehouse warned that the projected deficit would be closer to $1.5 billion. Since then our state unemployment rate has increased to 12%, the worst in the nation, and we have experienced a "breathtaking" drop in revenues for February 09. In fact, revenues were substantially below the already lowered estimates set in the January Revenue Estimating Conference. The projected deficit now sits at a whopping $1.6 billion and concessions and position abolishments are looming on the horizon. The Governor has indicated that prison and hospital closures will be necessary, in addition to seeking possible wage and benefit concessions. How many closures at this writing is yet to be determined, but we know that the closure of Scott and Camp Branch and Deerfield in the DOC will leave some casualties in their wake. For example, after the closure of Scott and the consolidation of Huron Valley, they will go from needing nine captains to needing only three. About sixteen lieutenants will be displaced and only twenty-one sergeants will be required at the new Women’s Huron Valley facility. No Assistant Deputy Wardens will be needed. Historically there have been ample vacancies for displaced DOC employees to fill. This is no longer the case. Although Tony Lopez and the crew at Central Office are working diligently to keep employees in comparable positions and in close proximity to their homes, there will be casualties. It appears that consolidations in DOC will also continue through the combining of Gus Harrison with Parr, Carson City with Boyer Road and Chippewa with Straits. We will also undoubtedly be hearing about more prison closures. At this writing we do not know where or when. Similar problems are occurring in other Departments with more dire ramifications. In the Department of Community Health, the NERE’s do not possess the inter-agency bumping rights that MAGE members in the DOC possess. If a hospital closes, MAGE members may not bump to another hospital. Although our members at the non-closing agencies may be relieved, this poses a hardship for our older and more senior members of the closing agencies. On the other hand, employees of closing hospitals enjoy a special retirement pursuant to Public Act 297, which MAGE lobbyists shepherded through the legislature so many years ago. It provides for an early retirement if the members if 51 years of age and has 25 years of credited service, the last five of which were at the closing agency, or if the member is 56 years old with 10 years of service, or if the member has 25 years of service at the closing agency. Our members in the Department of Human Services have also endured some difficulties with the closure of Maxey Boys Training School and Adrian Training. Overall, the administration expects about 1,500 more displacements with the Department of Corrections incurring two-thirds of the position abolishments. In addition to the reduction in force, we can expect the administration to be seeking another $50 million in wage and benefit concessions. To put that in perspective, if we relinquish the 1% general wage increase now anticipated in October of 2009, it would save only $28 million. The Republicans, of course, are demanding substantially more. MAGE staff and officers and your MAGE lobbyists have been meeting with your representatives to remind them that state employees have already done their share to ease the budget deficit. We have already given, by doing more with less (22,000 fewer state employees than we had 30 years ago), the doubling of our insurance premiums, furlough days and banked leave time hours. We will continue the fight but each of you needs to do your part. You now have 46 new representatives who do not know about the concessions already given up by state employees. You have a bunch of other representatives up here in Lansing who either forgot or never knew how much we have forfeited already. Call your representative today. New Benefit Options for State Retirees in the "Defined Benefit" By mid-March, all "defined benefit retirees" should have received an enrollment package for new optional benefits that are available. The enrollment period is March 23-April 15, 2009. This new retiree-paid optional coverage program is called "Benefits for Life", a similar program that is currently available for active employees. These new optional benefits do not replace any of the benefits you currently receive through the State. The program does, however, offer additional financial protection with premiums payable through the convenience of pension deduction. Coverage is available to defined benefit retirees receiving a monthly pension. Participation is optional and you may choose the specific plans that meet your needs. Products include: Supplemental Term Life Insurance, Legal Insurance, Auto and Home Insurance and an Internet Discount Plan. If you are a Defined Benefit Retiree and did not get this packet, you can call the Benefits for Life call center at 888-744-7525 between 9 a.m. and 6 p.m. EST, or you may contact the Department of Civil Service Employee Benefits.
2009 NOMINATIONS FOR STATE OFFICE by William Manning, Nominations & Resolutions Committee Chair At the Kellogg Center in East Lansing this year, delegates attending the 2009 General Council will vote on State Officers, and District Officers. The MAGE Nominations Committee is required to nominate all candidates for State office whose applications were postmarked on or before March 15, 2009. 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 almost three 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: Incumbent. A member since 2003, Alan was elected as District Director in 2005 and then re-elected in 2006 and 2007. In 2008 he was elected as 1st Vice President where he continues 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: Incumbent. Laura joined MAGE in 1997 when she became a supervisor. She has thirty-two 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 is 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
WHEREAS, the 2008 General Council Delegates once again tabled the resolution pertaining to this subject and referred it to the Constitution & Bylaws Committee for further research and clarification AND, WHEREAS, MAGE is entitled to representation at any OPEIU Convention AND, WHEREAS, the U.S. Department of Labor regulations requires that such delegates be elected by the membership AND, WHEREAS, THE OPEIU International Convention is held once every 3 years, but Conventions can be called with only 90 days notice and special Conventions can be called with only 45 days notice AND, WHEREAS, members elected as delegates to the convention should be members in good standing for at least two years AND, WHEREAS, it is important to have these delegates elected and in place prior to the convention(s). The Constitution & Bylaws Committee recommends that it NOW THEREFORE BE IT RESOLVED, that a new ARTICLE XIV. OPEIU Convention(s) be added to the Bylaws to read as follows: ARTICLE XIV. OPEIU Convention(s) Six months prior to the OPEIU International Convention, the delegates and alternates to which MAGE is entitled shall be elected by the membership by means of a mail ballot. Those elected delegates to the International Convention shall also 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. Section 1. Candidates
Section 2. Elections
Section 3. Delegates
MAGE RESOLUTION #2
WHEREAS, in 1935 the United States established, by law, that workers must be free to form unions. The freedom to form or join a union is internationally recognized as a fundamental human right; and WHEREAS, union membership provides better wages and benefits, and protection from discrimination and unsafe workplaces. Unions benefit communities by strengthening tax bases, promoting equal treatment, and enhancing civic participation; and WHEREAS, even though on paper America’s workers have the freedom to choose for themselves whether to have a union, in reality, workers across the nation are routinely denied that right. More than 40 million Unites States workers say they would join a union now if they had the opportunity; and WHEREAS, when the right of workers to form a union is violated, wages fall, race and gender gaps widen, workplace discrimination increases, and job safety standards disappear; and WHEREAS, many thousands of workers in our country are routinely threatened, coerced, or fired each year because they try to form a union. Most violations of workers’ freedom to choose a union occur behind closed doors, and each year millions of dollars are spend to frustrate workers’ effort to form unions; and WHEREAS, A worker’s fundamental right to choose a union is a public issue that requires a public policy solution, including legislative remedies; and WHEREAS, the Employee Free Choice Act was introduced in the 111th Congress in order to restore workers’ freedom to join a union; now therefore be it RESOLVED, by MAGE OPEIU Local 2002 – District 6 that we memorialize the United States Congress to enact the Employee Free Choice Act, which would authorize the National Labor Relations Board to certify a union as the bargaining representative when a majority of employees voluntarily sign authorizations designating that union to represent them; provide for first contract mediation and arbitration; and establish meaningful penalties for violations of a worker’s freedom to choose a union; and be it further RESOLVED, that copies of this resolution be transmitted to the President of the United States and the members of the Michigan congressional delegation. 12 Hour Shifts in DOC by John DeTizio, Labor Relations Director "Shift happens"...that's about the best that can be said about our experiment with 12-hour shifts at Standish Maximum Facility (SMF). This is not the first agency in the Department of Corrections to experiment with alternative work hours. Macomb prison has been offering the option of 10-hour shifts to Corrections Shift Supervisors and RUMs and ARUSs for a while. Scott in Plymouth and the Oaks in Manistee have 10-hour shifts for the RUMS and ARUSs. It now appears that the 10 hour shifts have been accepted as a practical and viable alternative to the old 8 hours a day, 10 days a pay period, particularly for those who are given the option of accepting them. It has now become apparent that the same cannot be said for the 12-hour shifts recently mandated at SMF. MAGE members have made a good faith effort to make 12 hour shifts work at SMF but it now appears that the general consensus is that it is not worth the toll it is taking on their personal health. MAGE members take exception to the fact that holiday pay and rules regarding school leave continue to be based on an 8-hour day. They also take exception to the fact that they are scheduled to work an 84 hour pay period and are then directed to take 4 of those scheduled hours off each pay period to avoid overtime. Most would prefer two separate vacation books, one for shift command and one for sergeants and most would prefer shift assignments by seniority. I must admit that what I am genuinely impressed with, and proud of, is the number one concern of our members at SMF. It has become clear that their primary concern is the negative effect that 12-hour shifts is having on the efficiencies of the agency and on their supervisory abilities. They now realize how important it is for the rank and file to have the same supervisor for a whole shift, and obversely, for the supervisors to supervise the same crew. Switching supervisors mid-shift causes more problems than even the most experienced supervisors anticipated. Officers ostensibly take advantage of pitting one supervisor against the next. They "answer shop" knowing that one supervisor may be more lenient or lax in certain situations. As one Sergeant put it..."You make your bones with your crew and they make their bones with you. You learn who you can trust and they learn if they can trust you. When you're constantly changing supervisors and subordinates, you lose that trust. You lose that relationship and you lose the continuity that is so important in a setting like this." As I write this article we are preparing for another meeting with Warden Birkett at Standish. We will review our list of concerns and share a few of the most salient trials and tribulations precipitated by the 12-hour shifts. We will seek middle ground, as MAGE always does, in an effort to appease both management and managers. We will remain mindful of the firmly entrenched and abysmal budget deficit we face over the next few years. We will remain cognizant of the fact that savings will have to be found somewhere, or cuts will have to be made somewhere. MAGE members understand that this just may be one of the least painful ways of realizing those savings...But as it stands right now...the pain is unbearable.
L-R: Capt. John Spencley, District 3 Deputy Director, Sgt. Brent Mitchell, member; Lt. Scott Nicewander, District 3 Director The Michigan Department of Corrections Honor Guard had the distinct honor to be selected to present a seminar titled "Honor Guard –Developing and Maintaining an Elite Unit" at the American Correctional Association 2009 Winter Conference in Kissimmee, Florida. Sgt. Brent Mitchell of the Oaks Correctional Facility was selected as one of the representatives to speak at the ACA Winter Conference because of his knowledge, understanding, and service to the unit. Sgt. Mitchell’s speech was on development, operation, and maintenance of the unit. The Michigan Department of Correction’s Honor Guard has appeared in various locations throughout the State of Michigan as well as other national events in Pennsylvania, Washington DC and Canada. At times, the costs of these appearances are the responsibility of the individual team member(s). The State was unable to furnish travel, hotel or meal expenses for Sgt. Mitchell. MAGE District 3 was able to donate $250 to assist in defraying his personal expenses. District 3 Director Scott Nicewander and Deputy Director John Spencley agree that Sgt. Mitchell not only represents the Oaks Correctional Facility and the Michigan Department of Corrections in a professional manner, he is also an excellent representative of MAGE. 2009 Scholarships Applications Available Applications for OPEIU’s Howard Coughlin Memorial Scholarship are available through the MAGE-OPEIU office by calling 1-800-477-MAGE. Twelve full-time scholarships (maximum value of $6,000) and six part-time scholarships (maximum value of $2,000) are awarded each year. Howard Coughlin Memorial Scholarship: Applicants must be:
Howard Coughlin applications must be received at the International Secretary-Treasurer’s office by no later than March 31, 2009. Winners will be announced during the month of June 2009. In addition to the Howard Coughlin Scholarship, Union Plus Scholarships are also available. The amount of these scholarships range from $500 to $4,000. This is a one-time cash award sent to individual winners for undergraduate study beginning in the fall of the same year. Applicants and requirements for a Union Plus scholarship including an essay of no more than five hundred words must be mailed by no later than January 31st to the Union Plus Scholarship Program, P.O. Box 34800, Washington, D.C., 20043-4800. For applications, and/or additional information about Union Plus Scholarships, please visit www.unionplus.org/scholarships. MAGE ADDRESSES COMMISSION REGARDING 12-HOUR SHIFTS, OVERTIME AND REPRESENTATION RIGHTS MAGE provided further testimony at the December 10, 2009 Commission meeting regarding inequities resulting from recent overtime regulation changes. The recent changes paved the way for 12-hour shifts for NEREs and effectively precluded supervisors from using sick leave hours in the computation of overtime pay. Similar provisions were not included in some bargaining unit contracts. In one Department, the Department of Corrections, this has resulted in officers earning substantially more than their supervisors when overtime pay is included. "I am disappointed at losing Commissioner Chair Brian J. Waldman", said President Threehouse. "I thought we were making some substantial headway on these issues. We will now have to start all over and try to convince the new Commission Chair to recognize the inequity", said Threehouse. Another issue addressed by MAGE concerns the representation rights of NEREs working for the Office of the State Employer and the Commission. Current rules preclude those employees from choosing to belong to a Limited Recognition Organization like MAGE. "It just does not make any sense to allow a NERE to pay an attorney to represent them in a grievance or in the Coordinated Compensation process, but preclude them from saving the money by belonging to MAGE", said President Threehouse. "It’s not fair for those employees and it’s not right". All MAGE-OPEIU Local 2002 members should have their new PerksCard by now, which were originally mailed out in May 2008 from the International office of OPEIU. Those members who joined after May received their card in a new member packet mailed out from the MAGE-OPEIU Local 2002 office. Included with the PerksCard is directions on how to register, using the exclusive OPEIU code. The PerksCard, when used, allows MAGE members 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. In addition, they can receive discounts on all of their special occasion purchases including gifts, travel and entertainment. As an example, a member can purchase a $25 gift certificate through restaurants.com and pay only $8.50. That’s a $16.50 simply by using the MAGE PerksCard. If you have not received your card, call the MAGE-OPEIU office at 1-800-477-6243. The current MAGE-OPEIU towing service contract that provides members with 2 Tows/Service calls per year has expired. New cards will be issued soon. During the interim, MAGE members should send Towing/Service receipts directly to the Office & Professional Employees International Union at 265 West 14th Street, 6th Floor, New York, NY 10011. You will be promptly recompensed for your towing/service expense up to $200 per year. MAGE has culminated an agreement with the Office of the State Employer (OSE) providing for a 1% general wage increase in October of 2009, in addition to:
State Employees Back in the Cross Hairs – by John DeTizio The economic realities of the state losing its manufacturing bedrock along with the concurrent credit crisis and resulting stock market collapse does not bode well for state employees. Estimates are now hovering at around a $500 million budget deficit for FY-09. Although balances from FY-08 could reduce that, it is still worrisome. To put it in perspective, remember that the whole general fund is only $10 billion and remember that it was only a $200 million deficit that resulted in our furlough and BLT days. This is not earth shattering news for us state employees. We know that our state’s economy is inextricably tied to the auto companies and we know that, as state employees, when a budget crisis is looming, we are the first ones our legislators like to turn to. Unfortunately, we know this from recent first hand experience. First, there were the Engler years when the economy was booming and Engler gave himself a 40% raise and the legislators gave themselves a 38% raise, while state employees received next to nothing. Then came the beginning of the fall of the auto companies resulting from lost market share, and with it, an early retirement with nearly no backfilling of positions. Then came the furlough days and the BLT days and the insurance concessions. Then, the housing market collapse joined with the auto company collapse which resulted in more reductions in force and position abolishments. How many? In the Department of Human Services where staff should be handling an average of 200 cases, they were handling 600 with some handling 800 to 1000 cases. In the Department of State they had 270 branch office managers in FY-01. Today they have only 200. The fact is that the size of state government is the smallest it’s been since 1974. In FY 01 we had 63,000 state employees. By FY 07 we had 52,000. Payroll, as a percentage of state spending, has decreased by one-third since 1982. It is already happening again in the Department of Corrections. The ‘08 audit report recommends terminating the dry cleaning allowance and discontinuing the high security retention premium payment and discontinuing sick leave and physical fitness bonuses and discontinuing paying overtime based on paid hours, including annual leave. In other words, treating annual leave like sick leave for purposes of computing overtime. As I write this, plans are being considered to close Camp Branch in Coldwater and Deerfield Correctional in Ionia. This is not just the DOC, mind you. We can expect similar assaults in every department. In fact, I just left a meeting to discuss the closure of Adrian Training School in the Department of Human Services. Departments are already trying to hire now, knowing that a state wide hiring freeze is imminent and department directors are already assessing where they can possibly cut next. It will be up to us to pro-act to these assaults. It will be up to MAGE and our dedicated lobbyists to try the best we can to preserve what we have fought so hard to secure over the years. We are in for a tough ride. The Citizens Research Council predicts that the scope of the problem will near $6 billion in the general budget between now and 2016-17. Remember, that’s about $500 million a year in a $10 billion budget. The only hopeful news lies with a U.S. democratic Executive branch along with a democratic House and Senate, while concurrently enjoying a democratic governor. We can now expect a President more sympathetic to our plight, a more generous Federal stimulus package and some more aid for the auto companies if necessary. SECRETARY OF STATE MANAGERS AT THE BREAKING POINT In the 25 years I have been with MAGE, the office has never received so many calls for help from distressed Branch Managers. To suggest that they are at the breaking point is an understatement. The fact is, that many of them are now broken. They are, in fact, so over-burdened that they are making mistakes they historically have never made. If we could reduce the cause of the turmoil to one issue it would be easier to address, but it appears the problem stems from a series of changes and events that have culminated in the "perfect storm" for most Managers. One problem, of course, is staffing. There is no question that the department desperately needs more Managers. In FY-2001 the Department of State employed 270 Managers. By FY-2007 they employed 196. Compare those numbers with the transactions per hour [FY-2001, 10.9 and FY-2007, 11.3] and we find that they are doing more work with substantially less staff. Exacerbating the problems created by far too few managers is the fact that our managers have also lost workers. In FY 2001 the branch workforce totals were 1,216. By FY-2007 that had been reduced to 980. Currently the branch workforce total is only 918. Our recent discussions have resulted in the Department hiring more Managers, which will soon provide some relief. Another problem stems from a rash of recently promulgated complicated and intricate policies which managers are expected to immediately become intimately familiar with and then assure that all staff follow to the letter. New "legal presence requirements" spawned from the 911 catastrophe provide new stringent guidelines to processing driver’s license and personal identification cards. Assuring that staff understand new guidelines and new forms while being barraged with policy changes is not an easy task. Add to this the fact that Managers are still required to work the counter a minimum number of hours while constantly being interrupted by staff seeking clarification regarding the new policies and while handling irate customers… it is no wonder they are making mistakes. And why are the customers irate… you ask? Many are irate the moment they walk in the door and see the smallest line. You see, when we go in to a Secretary of State office, we pay a lot of money to receive nothing tangible in return. We don’t pay money to receive a candy bar or television or a pair of shoes, or even a cavity filling. So many of us feel imposed upon before even entering the building. Now you throw the slightest problem into the mix, like a customer not having the required documents (which happens incessantly) or a few absent workers who experience emergencies at home, which increases the line wait… it is a recipe for disaster. If a worker is nice to a customer and spends a moment talking with them, "they are wasting time". If they don’t, "they are rude and unresponsive". We are working on this problem. Until we solve it, let’s give our fellow workers in the Secretary of State offices a break. 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 can represent myself in a grievance, so why do I need MAGE?" Take a minute to think about that. Consider the competition you face as an individual. Each Department has professional Labor Representatives who argue grievances every day. Can you match their knowledge of case history, departmental policies and case presentation? Their experience and training in the system stacks the odds in their favor. Your MAGE Labor Relations staff does have the professional training, case history, full-time knowledge, know-how and commitment to argue your case against these formidable opponents. They receive up to the minute training on constantly changing labor laws, and legal decisions regarding the ADA, FMLA and EEO claims. Your Labor Relations Director, John DeTizio, possesses a Masters degree in Labor Relations and over 25 years experience representing MAGE members. Labor Relations Representative, Thomas Brott possesses a Masters in Labor Relations and 18 years experience representing state employees. Labor Relations Representative Aaron Sanders, a former Department of Corrections employee, has been representing state employees for more than 12 years. John Strachan who has also served as a state employee, possesses a Law degree and has been representing state workers for close to 20 years. Cases like the above can take anywhere from one to three days of hearings to interview witnesses and present arguments to a Hearing Officer. Countless hours of prep time and research are spent on each case. There are subpoenas, orders to appear and briefs that need to be filed. All in all, it can take up to a year to see a case, especially discharge cases, all the way through the Civil Service grievance procedure. Just one hour of an attorney’s time can be more costly than a whole year of dues paid to MAGE-OPEIU. Like other professionals, non-exclusively represented employees (NEREs) need the strength and expertise of an organization working full-time on their behalf. MAGE-OPEIU is that organization. Once in a great while you luck out and have a bright, competent, sincere and conscientious individual installed in an important position who can really make a difference. In late 2007 Governor Granholm appointed Bryan J. Waldman to chair the Civil Service Commission. Commissioner Waldman is with the law firm Sinas, Dramis, Brake, Boughton & McIntyre, P.C. He is in the current edition of "The Best Lawyers In America" and is a Past President of the Michigan Trial Lawyers Association. The commissioner has already made his mark by addressing issues that have plagued state employees for quite some time. One Civil Service Rule change will allow bargaining unit employees to have political donations deducted from their paychecks to raise money for union backed candidates and concerns. We can understand why this has been a bone of contention for the republicans who fought the concept tooth and nail. Unions have tried legislative action to secure the right to have political deductions taken out of employee paychecks by passing a bill in the Democratic-controlled House in 07 but the Republican-controlled Senate will likely put it to rest. There never was any rational reason for precluding state employees from exercising their right to payroll deduction of contributions to separate segregated funds especially when it is made abundantly clear that the unions will reimburse the state for any costs associated with the deductions. The commission voted 3-1 to allow it despite opposition from the clearly partisan Attorney General’s office, the Michigan Chamber of Commerce and the Mackinaw Center. Another inequity foisted on the unions during the Engler era dealt with a rule that allowed the Civil Service Commission to promulgate a new Civil Service Rule or Regulation or Policy any time they wanted for whatever reason they wanted even if it countervailed a provision in a current contract. The unions objected vehemently when the Engler administration pushed this rule through. It was known as the Rule of General Applicability. It has now been repealed. Our hats off to a commission that appears a little more sympathetic to the needs of the individuals who actually make this state work, day in and day out.
Comfort Inn – Mt. Pleasant Site of the 2008 MAGE-OPEIU General Council MAGE-OPEIU delegates, alternates and staff will head to the Comfort Inn in Mt. Pleasant again this year for the 2008 General Council meeting scheduled for May 17, 2008. MAGE Districts have already been holding meetings and working on preparations to meet the requirements and deadlines. Mark your calendars with these important dates: March 15th:
(*Those nominees who have submitted their applications for office by the deadline date will have their names and photos printed in the April issue of IMAGE. Late nominations will also be taken from the floor during the General Council Session.) April 1st:
May 17th:
If you are interested in serving as an Officer at the State, or District level, this is the time to act! Call the MAGE office today for more information at 1-800-477-MAGE DIRECTOR CARUSO IN THE CAPTAINS’ CORNER Pat Caruso, Director of the Department of Corrections has once again demonstrated her steadfast allegiance and loyalty to the Captains of the Department by securing approval from the Civil Service Commission to pay overtime for holidays worked. Director Caruso and her staff have also worked tirelessly with MAGE to assist in placing employees displaced as a result of consolidations, in close proximity to their residences. "Once in a while we get a Director who has come up through the ranks and understands what makes a Department run smoothly", said John DeTizio, Labor Relations Director of MAGE. Compensation Agreement Reached MAGE, along with the other LROS has culminated an agreement providing for 0% raise in October of 2008, however, based upon our last agreement, members will still be receiving a 2% general wage increase in April of 2008. The agreement also provides for a 1% raise in October of 2009 and a 3% raise in October of 2010. Effective October 2008 the employer will pay 90% of the State Health Plan PPO premium. The employer will pay 95% of an HMO premium up to the amount paid for the same coverage code under the State Health Plan PPO. Emergency room visits will be assessed a $50 co-pay if not admitted. Office visits (physician office, office consultation, chiropractic spinal manipulation, urgent care, hearing care) will have a $15 co-pay. The SHP PPO drug plan will have retail co-pays of $10 generic, $20 preferred brand, and $40 non-preferred brand. The mail order program will have co-pays of $20 generic, $40 preferred brand, and $80 non-preferred brand. The SHP PPO drug plan will include the clinical programs of Generics Preferred, Step Therapy, and Drug Quantity Management. Effective January 1, 2009 the in-network deductible will be $300 individual/ $600 family. The out-of-network deductible will be $600 individual/$1200 family. The state has also agreed to increase the premium to 20% of base salary for Department of Treasury Auditors working and residing out of state. An issue MAGE members working in high cost-of-living states have complained about for quite some time. The state has also agreed to continue funding our Professional Development funds at $150,000 for the MSC fund and $50,000 for the Business and Administrative Employees fund. Most of the other unions had already reached similar agreements. MCO, MSEA, and AFSCME Council 25 who voted down their agreements, recently went to impasse. The Michigan Civil Service Commission met on December 19th and voted to impose the Tentative Agreement recommended by the Impasse Panel, which was the same agreement previously accepted by all other unions and LROs. Labor Relations Report – October/November 07 by John DeTizio I can’t help but wonder what our fate would be if Governor Granholm was not in office right now. Let’s take a brief review of what has got us to where we are today. First we go through a period, in our auto-related cyclical economic climate, where cars and trucks are selling like hot cakes. The country’s economy is booming under President Clinton and our state is following along. Unemployment was the lowest it had been since the 1970s and the housing market is through the roof. Tax revenues are pouring into the state coffers. John Engler is elected Governor and begins a flurry of tax cuts including an agreement to cut the Single Business Tax in December of 2007 (after he is gone) which will take a whopping $1.8 billion dollars out of our budget. All unions agreed that this was a bad idea… we warned them that we reside in a very dynamic, cyclical economy and that a downturn was imminent. It’s just common sense, you know, if tons of citizens buy cars in 2001 they will not be buying another in 2002, but the republicans controlled both houses and the governor’s office at the time. So now here we are, in 2007 looking at an unprecedented structural budget deficit and are again facing a republican controlled senate where they are demanding more cuts to government, including pay cuts and benefit cuts to state employees. Let us not forget that during the Engler years when the economy was booming and your neighbors in the auto industry were receiving $5,000 bonuses, we were receiving 1% raises and mere lump sum bonuses (not rolled into our base pay). Let us not forget that during the last 10 years of the Engler administration your neighbors in metropolitan areas in Michigan earned 31.8% more in base wage increases than state employees. Let us not forget that during that period they passed an early out and only filled a fraction of the positions left vacant. And now… what are we hearing? … More cuts… They are demanding that we cut more state employees. There were 63,000 state employees in 2000 and now there are 53,000 but they want to cut more. They are also demanding substantial cuts to our pay and benefits. For those of you who are getting frustrated… for those of you who feel that this budget problem should have been resolved by now… please understand that if your Governor was not standing her ground… it would be resolved right now, on the backs of state employees. I’ve said it before and I’ll say it again, the Governor needs our support more than ever before. She is standing up for us and for the citizens who count on state services to help them through difficult times. That is, after all, what the concept of "civilization" is all about… helping those who need it. 2008 Flexible Spending Account Open Enrollment The 2008 FLEXIBLE SPENDING ACCOUNTS (FSA) Open Enrollment period will begin November 1, 2007, and run through November 29, 2007. Anyone who wishes to participate in 2008 must enroll, even if you are currently enrolled this year. Flexible Spending Accounts allow you to pay for essential health care expenses that are not covered, or are partially covered, by your medical, dental and vision insurance plans and to pay for dependent care expenses, such as day care in a child care center or in your home, with a special tax advantage. By contributing a portion of your payroll dollars into your account on a pre-tax basis, you can save 20% to 40% on the cost of eligible expenses. Your savings will be based on your individual tax rate. FSA contributions are exempt from Federal income tax, Social Security taxes (FICA) and Michigan state income tax. The tax exempt status for FSA contributions is the mechanism that allows you to save money. As an example of the value of using pre-tax dollars to pay for dependent care, consider this scenario: The Johnsons have two young children who are placed in regular day care. The annual fee for the day care is $5,000. Assuming the Johnsons have a tax rate of 30 percent, they will save $1,500 by using a Dependent Care FSA to pay for their dependent care expenses. As an example of the savings you can realize with a Health Care FSA, consider the following family scenario: The Murphys have an annual family deductible for their health insurance plan of $400 and their daughter is receiving orthodontic treatment for which they pay $100/ month, or $1,200 per year. Assuming the Murphys have a tax rate of 30 percent, they will save $480 by using their Health Care FSA to pay for these expenses. The Flexible Spending Account claims will be administered by Automatic Data Processing, Inc. (ADP). ADP has extensive experience administering flexible spending accounts. Employees who are new to the Health Care Spending Account in 2008 will receive a debit card from ADP in late December. You can opt to activate and use the card or not. The great news is that there will be no charge to you to activate and use the debit card and you can use it for all your mail order prescriptions! If you are in the Health Care Spending Account in 2007, you may continue to use the same health care debit card throughout 2008. You can find additional information and details regarding the 2008 FSAs in the brochure you received in the mail from the State of Michigan, or go to www.michigan.gov/mdcs. Click ‘Employee Benefits’ from the left menu, then select ‘Flexible Spending’. To sign up for a flexible spending account, please log in to your MI HR Self-Service account and complete the on-line enrollment. If you need assistance, please contact the MI HR Service Center at (877) 766-6447 (toll free), 517-335-0529, or (517) 241-8046 (TDD), Monday through Friday, 7:00 a.m. to 6:00 p.m. If you have any questions or would like more information regarding eligible expenses or the reimbursement process, please contact the ADP Participant Solution Center at (800) 422-3703, Monday through Friday, 8:00 a.m. to 8:00 p.m. Please Note: Non-career and SPS employees are not eligible for this benefit. Your MAGE Labor Relations staff is out in the trenches representing members in grievances and workplace disputes day-in and day-out in every department in the state. While many grievances are resolved in earlier steps, several are taken to a Civil Service Hearing or arbitration. Taking a grievance to a Hearing requires a great deal of time, time to prepare arguments, time to organize witnesses and time to write briefs. Once a decision is rendered, each side has the opportunity to appeal it to the Employment Relations Board, and ultimately the Civil Service Commission gives final approval. All in all, a single case can take up to twelve months to conclude. The following is a chronology from one of many recent MAGE decisions rendered: ISSUE: Discipline, Dismissal Grievant, a Captain, was discharged from employment in May 2004. On October 1, 2004, while his grievance based on that dismissal was pending, the Department learned that one of the Grievant’s subordinates believed that Grievant had threatened him for cooperating with the Department during the investigation which led to Grievant’s 2004 discharge. The Department did not investigate the subordinate’s claims at that time. In March 2006, Grievant was reinstated to his former position through the Civil Service grievance procedures. On April 13, 2006, the Department commenced a belated investigation into the subordinate’s claim that Grievant had threatened staff for cooperating with the Department’s investigation. By that time, of the 29 officers present during the event that formed the basis for the subordinate’s complaint, only the complaining subordinate, that subordinate’s wife, and one other officer had any recollection of the event. Of those three, only the complaining subordinate and the subordinate’s wife believed that Grievant’s conduct constituted a threat. The Hearing Officer concludes that by the time the Department commenced its investigation, the complaint was stale and, therefore, should be dismissed. The instant grievance is, therefore, granted. In the alternative, the Hearing Officer finds that the Department failed to meet its burden of demonstrating that it dismissed Grievant for just cause. The Department failed to adduce sufficient evidence demonstrating that a reasonable subordinate, in the shoes of the complainant, would have perceived Grievant’s conduct as a threat. Therefore, in the alternative, the instant grievance is granted for that reason as well. AWARD: The Department is ordered to make Grievant whole for wages and benefits lost as result of his termination and that the Department reinstates Grievant to his former classification. June 2007
SCHOLARSHIP WINNER - Son of MAGE Member Receives $6,000 Each year, twelve full-time scholarships, now valued at $6,000.00, and six part-time scholarships valued at $500.00 per year for 4 years, are awarded to applicants in each OPEIU region. This year, MAGE-OPEIU Local 2002 is pleased to announce that Shay Raleigh, son of MAGE-OPEIU member William Raleigh, has been awarded the highest scholarship of $6,000. William Raleigh is a Parole/Probation Manager for the Department of Corrections, and has been a long-time member of MAGE, joining in1983. In speaking with Mr. Raleigh, it was clear how proud he and his wife are of their son’s overall achievements in school, and they were very appreciative of this union-sponsored award. Shay attended H.H. Dow High School in Midland, graduating this past June. His achievements during high school are impressive, to say the least. He graduated with a 4.75 GPA, and played all four years in varsity basketball and football. He was nominated scholar athlete of the year for Dow High School and was 1st All-State, All-Academic in football. He also tutored other students in French and Calculus. Shay is a member of the National Honor Society and the Midland Business Professional Association, and is the proud winner of Midland’s Distinguished Scholarship Award. Because of his high ACT test scores and GPA, Shay will be attending Michigan State University honors college in pre-med, and will be assigned a professors assistant. In recognition of Shay’s exceptional accomplishments and the fact it is one of our Local’s own winning the award, our MAGE Executive Committee has awarded Shay with an additional $500.00. "I am very proud to have been able to present this award a second time", said President Threehouse. "Our first recipient was in 2005, awarded to member Dale Foot’s daughter Ellen. This is what it is all about, doing good things for our hard-working members" said Threehouse. Applications for this scholarship and others are available each year in January through the MAGE-OPEIU office. EARLY RETIREMENT BILL PROPOSED SB 689, introduced August 22, would allow close to 14,000 eligible state workers whose age and years of service equal 75 to take an incentive (1.75 factor) to retire. It was expected to move quickly through the Senate, but will likely run into opposition in the House. MAGE has put their resources to work in favor of this legislation. September 2007 LABOR RELATIONS Report by John DeTizio, MAGE OPEIU Director of Labor Relations It’s been a difficult few months. Re-alignments, re-deployments, reductions in force, closures, downsizing… whatever you want to call it. It’s happening in every department in response to the budget crises…and I haven’t even mentioned all of the recently promulgated executive directives that have made life harder on state workers. We have the moratorium on acquisition of state leased vehicles and the moratorium on out of state travel and the restrictions on purchases of non-essential supplies and the list goes on. Add all this to the fact that in 2000 we had over 63,000 state employees and now we’re doing the same work with 53,000 and you can understand why there is a morale problem around the state. Hearing so many of our representatives intimate that state employees are largely responsible for the impending year’s budget crisis does little to boost morale, especially when the sting of the FY 05 concessions (BLT and furlough days) has not yet abated. For those of you who have not been monitoring the state political scene closely, your governor has been trying diligently to keep us state workers out of the fray while a few of your representatives seem steadfastly determined to drag us back in. Your Senate Majority Leader, Mike Bishop continues to demand more concessions from state employees and your House Minority Leader, Craig DeRoche is singing the same tune. We have made it over one hurdle…the FY 07 Budget. The FY 08 Budget is yet unresolved and we are now entering negotiations for FY 09. With the pressure that this administration is facing from your legislators we do not expect an easy go of it. Your Representatives on the Republican side remain distraught over the fact that we have already negotiated a 2% base wage increase for October 1, 2006, already received, and another 2% on April 1, 2007, already received, and another scheduled for October 1, 2007, along with special wage increases for our Corrections Shift Supervisors in the Department of Corrections. We can now safely assume these increases are no longer in jeopardy being that the Legislator’s window for tampering with them has closed; however, their adamant demands for concessions does not bode well for our upcoming negotiations. Your next IMAGE newsletter will contain a list of specific issues that MAGE will be addressing in the negotiations for FY 09. We will remind them of the concessions already leveled upon us. We will remind them of the health benefits already relinquished. We will remind them that we are already doing more with less in every department. We will set our heels and stand our ground and try diligently to preserve what we have fought so hard to obtain for our members over the years.
Employee Salary Database online at Lansing State Journal On June 21, 2007, the Lansing State Journal published online a complete database of state employee salaries. The database includes all 53,000 employees, includes names, titles, departments, city of employment, hire date and rate of pay per hour. Governmental appointees are not included.
The paper obtained the database through the Freedom of
Information Act approximately one week ago from the State. BY LAW,
media outlets and members of the public are entitled to this information.
The state did not know of the paper's decision to place the database online
until this morning when it first appeared.
We sympathize with your concerns, however, please know that
the State of Michigan had no choice but to give this information to the
Lansing State Journal.
Your MAGE President, Dale Threehouse has already written a
letter to the Lansing State Journal objecting to the insensitivity and
recklessness of this action (see below)
June 21, 2007 Chris Andrews, Editor, Lansing State Journal, 120 E. Lenawee, Lansing MI 48919 Dear Mr. Andrews: As President of MAGE OPEIU Local 2002, I find it insensitive and reckless to make accessible the personal information of State employees. I understand that the law provides for the accessibility of this information but I think that each of you and your readers would agree that they would not appreciate the widespread dissemination of their own personal information. We find it reprehensible that in this time of flagrant identity theft you would place State employees in jeopardy by these actions. Sincerely, Dale L. Threehouse, President MAGE OPEIU Local 2002 REPORT OF GENERAL COUNCIL MAY 19, 2007 COMFORT INN, MT. PLEASANT Michigan’s budget crisis was the focus of the keynote address given by State Representative Jeff Mayes (D-Bay City). it was also an important part of MAGE President Dale Threehouse’s opening speech. After welcoming all of the MAGE-OPEIU delegates and alternates to the 25th General Council session, President Threehouse quickly got to his concerns about the legislature and the budget battle that has put state employees back in the cross hairs. "I am very angry", said Threehouse. " The inability of the Michigan Senate and House to work with each other and the Governor to actually come up with a plan to solve either the 2007 or 2008 budget crises’ continues to weigh heavily on the backs of state employees". "The rhetoric being bandied about by the Republican Senate Majority Leader, Mike Bishop, is inexcusable. He constantly refers to the Governor’s insistence on a replacement for the eliminated Single Business Tax revenue as a 2 Billion Dollar Tax Raise. Can we really remove all taxes from business and expect the massive reductions in services to be born entirely by budget cuts? Can we really continue to provide basic services with even less state employees? I don’t think so and I hope you agree. The Michigan General Fund Budget is 39% smaller, adjusted for inflation, than it was in 2000 when John Engler was governor. Michigan is not a high tax state. Michigan’s state and local taxes – business and individual combined are below the national average. Michigan’s budget problems are not all due to economic conditions. A prime factor is previous tax cuts. State government today takes a smaller piece of each Michigan family’s budget than in 2000. We are now 5.2 billion dollars BELOW the Headlee limit for state spending." President Threehouse called on the MAGE-OPEIU delegates, alternates and guests to step forward and be counted. "You must let your legislators know that you are out there, that you expect them to do what is right, that you expect them to protect your interests. You must become active in your community and in MAGE-OPEIU to protect yourself and your family", said Threehouse. Keynote speaker, Representative Jeff Mayes (D-Bay City) spoke about the numerous plans presented by the democrats that would not only solve the current budget deficit, but would also get the state back on it’s feet well into the future. They are not looking for a quick fix to this year’s budget deficit… but rather a long-term plan that is good for all citizens and businesses in Michigan. He urged MAGE-OPEIU members to get involved, call their own legislators and let them know how they feel about the budget, their work as a state employee and how they are being affected by the budget crisis, both personally and professionally. He further asked that they get out and talk to their neighbors and friends who are non-state employees and get them to engage in the process and contact their legislators. As a State Representative, he knows it is important to hear first-hand from constituents on how they feel about important matters like this and how they believe the legislature should proceed in correcting the problem. MAGE Lobbyist, Noah Smith of Capitol Services, discussed their firm’s daily interactions at the Capitol with several State Senators and Representatives. They are in contact with several members of the legislature, and also with representatives of the Governor’s office. He, too, reiterated how important it is for all state employees to get involved by contacting their legislators. In addition, Mr. Smith reported on several other Bills introduced that are of interest to MAGE-OPEIU, and that they will be keeping our members up-to-date in future issues of IMAGE. Legal Counsel, Brandon Zuk recapped his presentation to the Civil Service Commission concerning the Rule Change that would provide for up to 20 layoff days for the non-exclusively represented employees. He talked about the legal arguments and the specific inequities he provided the Commission, which existed in the rule as compared to the bargaining unit contracts. He told the delegates that all of the combined efforts from himself, your President and Labor Relations Director, the AFL-CIO, and other MAGE members resulted in MAGE prevailing in convincing the Commission to issue a mandate that no NERE employee would be harmed greater than their subordinates should temporary layoff days be necessary. Delegates elected officers and acted on six resolutions. They watched a power point presentation by Labor Relations Director John DeTizio on the new and exciting special benefits being designed for MAGE-OPEIU members only, already talked about in previous issues of IMAGE. MAGE member Derald Delmage, Sr., of Lewiston was the lucky winner of the General Council Committee’s "Refund of Dues" prize. Several other members won door prizes. Labor Relations Director John DeTizio administered the oath of office to the new State Officers before the session concluded. Executive Committee Members taking office on May 19th were: Dale Threehouse of Lapeer, re-elected President; Lawrence Chadzynski of Okemos was re-elected 1st Vice President; Karilyn Sanders of Lansing was re-elected 2nd Vice President; Jane Wallin of Holt was re-elected Secretary-Treasurer; and Y’von Forehand of Oak Park returning as Past President. In District elections, eleven District Officers were re-elected to MAGE’s Board of Directors. They are: District 2, Alan Quattrin, Director and William Manning, Deputy Director; District 3, Richard "Duke" Mayo, Director and Scott Nicewander, Deputy Director; District 4 Marilyn Pagel, Director and Howard Anthony, Deputy Director; District 5, Charlene Colvin, Director and Georgia Green, Deputy Director; District 6, Mary McClellan, Director; District 7, Judy Pigg-Behrendt, Director; District 8, Anthony Cleveland, Director, and Lucille Evans, Deputy Director; District 9, Felicia Taylor, Deputy Director. Elected new to the Board were: District 1, Kim Perry, Director and Mike DeShambo, Deputy Director; District 6, Laura Webb, Deputy Director; District 7, Mike Versalle, Deputy Director; and District 9, Dorothy Flowers, Director. Resolutions actions are detailed in the minutes (below): MICHIGAN ASSOCIATION OF GOVERNMENTAL EMPLOYEES OPEIU LOCAL 2002 GENERAL COUNCIL MINUTES May 19, 2007 Comfort Inn, Mt. Pleasant – Ballroom CALL TO ORDER: President Threehouse called the 2007 General Council session to order at 10 a.m. on Saturday May 19, 2007. He welcomed the delegates to the General Council session and asked the members to join him in reciting the Pledge of Allegiance. ROLL CALL: Secretary-Treasurer Jane Wallin called roll and declared a quorum was present (see attachment #1 for complete delegate listing). CREDENTIALS COMMITTEE REPORT: Ivan Rockwell, Chair of the Credentials Committee reported that as of 10 a.m. May 19, 2007 there were 67 delegates registered.
AGENDA APPROVAL: MOTION: Made and seconded to approve the agenda. Carried GENERAL COUNCIL RULES COMMITTEE: Lawrence Chadzynski, Chair of the General Council Rules Committee advised the delegates that the committee recommends adoption of the General Council rules as received in the General Council packets.
GENERAL COUNCIL CHAIR: Celeste Wright spoke to the group, thanking the committee members for their work on this year’s meeting, and made a few announcements regarding location of lunch, checkout time, etc. SECRETARY-TREASURER’S REPORT: Jane Wallin announced that the report of financial position was included in the delegate packets, and shows that MAGE has an income balance as of the end of 2006. She asked if any delegates had questions regarding this report, and seeing none, she relinquished the floor to the President. PRESIDENT’S REPORT: President Threehouse welcomed the members and guests to this year’s General Council meeting. He shared with the attendees his perspective on the events and accomplishments of the last year. Even though he was happy to extol the accomplishments, he voiced his frustration with the fact that the Michigan House and Senate continue with bi-partisan feuding over the budget issues, and in doing so, hold the citizens and State employees hostage. He voiced his concern that State employees are being forced to do more work with fewer employees to share the burden, and that cuts to the State budget will only result in massive reduction in services. President Threehouse relayed his hopes the AFL-CIO and OPEIU would assist in efforts to repeal the law specifying term limits for State Senators and Representatives. He discussed the efforts of the MAGE to stop the recent Civil Service rule change, that allows for temporary layoffs of NEREs. He was happy to report that although the rule change was adopted, MAGE was successful in convincing the commission that NERE’s should not be harmed by this rule change, more than other employee groups. The commission affirmed that it would be a priority for them, that this rule would be applied in a just manner, should layoffs become necessary. President Threehouse reported on the "members only" benefit plan the association has been working on with OPEIU for the past year, Mr. DeTizio will report further on this program this morning. President Threehouse reported that he and three other members of the Board would be attending the OPEIU triennial convention in June. This group also attended the AFL-CIO annual convention last week, and heard many powerful speakers, with the general theme being that we need to guard against the recent attempts to take away the gains unions have made by the union movement. One major concern was the push to make Michigan a right to work state. It is well documented that what this really means is make Michigan a right to work for less state. He recognized MAGE staff, and reviewed some highlights of their accomplishments over the last year. He also noted that of MAGE’s staff prior to our merger with local 512, all our employees have been with MAGE for more than 17 years. The other two labor relations staff from local 512 have been with MAGE for 3 years now, and were long term employees with 512 previously, with Mr. Sanders also being an OPEIU regional Vice President. He also thanked the Board, the Executive Committee, Committee Chairs, and Committee members for their service and dedication. In closing, he appealed to the delegates that they become more active and vocal. He reminded them that it was important to take an active part in the organization, and protect their future. LABOR RELATIONS DIRECTOR’S REPORT: Labor Relations Director, John DeTizio and MAGE Labor Representative, Tom Brott gave a Power Point presentation, which highlighted the benefits of the members only program, "Perks Card". MAGE staff is working with OPEIU to include member discounts at a wide variety of businesses including restaurants, entertainment, and travel. Also included will be a disability, life insurance and accidental death and dismemberment benefits. It is hoped that the program will be rolled out to members later this year, or the beginning of 2008. LEGAL COUNSEL REPORT: Brandon Zuk reported that he had attended the Civil Service Commission meeting wherein the rule change allowing NERE layoffs was approved. He objected to the rule changes because of the inconsistencies with other employee group contracts, which will cause NEREs to be harmed more than other groups, and will not allow NEREs to receive unemployment compensation under the formula now used. He also pointed out to the commission the employee morale problem this rule change perpetrates. He reminded the commission of the wages and benefits already given up by NEREs in the past. NOMINATION COMMITTEE: On behalf of the Nominations Committee, the chair, Bill Manning nominated Dale Threehouse for the office of President, Lawrence Chadzynski for 1st Vice President, Karilyn Sanders for the office of 2nd Vice President, and Jane Wallin for the office of Secretary-Treasurer. After asking the group if there were any further nominations from the floor (repeated three times for each of the elected offices) the following motions were put forth: President Dale Threehouse read the resolutions, and the following actions were taken: MOTION: Made and supported to adopt resolution #1.
MOTION: Made and supported to adopt resolution #2.
MOTION: Made and supported to adopt resolution #3.
ARTICLE I. GENERAL COUNCIL Section 2. District Representation - Delegates
Note: New wording appears underlined
and in bold type . Wording to be removed appears as
KEYNOTE SPEAKER: Noah Smith of Capitol Services introduced Representative Jeff Mayes, of the 96th District in the Saginaw Bay area, Assistant Majority Whip and Agriculture Committee Chair to the group. Representative Mayes spoke to the group about the budget issues currently being considered in the legislature. During the revenue estimating conference yesterday it was revealed that the State has an additional 700 to 800 million-dollar deficit; significantly more than originally estimated. He commented that much of the problems stems from the fact that the SBT has not been replaced yet. There has been some movement towards agreement in how this tax should be replaced, but it is not finalized yet. He estimated that this would be worked out in the next two weeks. He suggested that state employees should call their legislators with realistic ideas about how the budget crisis could be lessened. Representative Mayes took questions from the group, and thanked them for inviting him to speak. LOBBYIST- LEGISLATIVE REPORT: Noah Smith reported that work on the budget continues. As reported by Representative Mayes, the Revenue Estimating Conference was held, and revealed that Michigan is in a more dire situation than was originally thought. He discussed the various possible tax increases that the legislature is considering, and voiced his frustration that Republican members are now calling the replacement of the SBT tax a "new tax increase" . One of the bills of concern will allow taxing of public employee pensions. Another currently being considered would stop pension payments to retired employees that have gone back work for the State, even on a contractual basis with other parties. On the plus side, legislation has been introduced to allow for a one-time increase to retirees who retired prior to Oct., 1974. He finished by urging attendees to keep contacting their legislators, letting them know both when you are happy with legislation, and when you can offer constructive criticism of other legislation or budget issues being considered. ROLL CALL: Secretary-Treasurer Jane Wallin called roll, and declared that a quorum was present. ELECTION RESULTS: President Threehouse asked that a representative from each District report the election results for their District. Those elected were as follows: District 1 Director is Kim Perry District 1 Deputy Director is Michael DeShambo District 2 Director is Al Quattrin District 2 Deputy Director is William Manning District 3 Director is Richard Mayo District 3 Deputy Director is Scott Nicewander District 4 Director is Marilyn Pagel District 4 Deputy Director is Howard Anthony District 5 Director is Charlene Colvin District 5 Deputy Director is Georgia Green District 6 Director is Mary McClellan District 6 Deputy Director is Laura Webb District 7 Director is Judy Pigg Behrendt District 7 Deputy Director is Michael Versalle District 8 Director is Anthony Cleveland District 8 Deputy Director is Lucille Evans District 9 Director is Dorothy Flowers District 9 Deputy Director is Felicia Taylor CREDENTIALS COMMITTEE REPORT: Ivan Rockwell, Chair of the Credentials Committee reported that as of 2:15 p.m. May 19, 2007 there were 68 delegates registered.
Labor Relations Director, John DeTizio administered the oath of office to the newly elected officers. President Threehouse announced that a meeting of the new Board members would commence 15 minutes after adjournment of the meeting here in the same room, and reminded new Board members to have their pictures taken for the IMAGE newsletter. The Board of Directors gave a thank you gift to President Threehouse. Hearing no further business, Mr. Threehouse requested a motion for adjournment.
ATTACHMENT #1 – Delegate Listing 2007 Delegates- at-Large President: Dale Threehouse 1st Vice President: Lawrence Chadzynski 2nd Vice President: Karilyn Sanders Secretary-Treasurer: Jane Wallin Past President: Y’von Forehand Director Deputy Director District 1 Patrick Smith Richard Ogle District 2 Alan Quattrin William Manning District 3 Richard Mayo Scott Nicewander District 4 Marilyn Pagel Howard Anthony District 5 Charlene Colvin Georgia Green District 6 Mary McClellan Martha Dee District 7 Judy Pigg-Behrendt Opal McGinnis District 8 Anthony Cleveland Lucille Evans District 9 Brenda Sage 2007 DISTRICT ACCREDITED DELEGATES District Delegates District 1: Michael DeShambo, Kim Perry, Dale Schmidtman District 2: Keena Wiethoff District 3: District 4: Duane Brown, Michael Brown, Joanne Cripps, Ruth Davis, Kendall Perry, John Prelesnik, District 5: Cory Crugher, Kenneth Elwood, Richard Koch, Willa Talley, Eva Winston, Celeste Wright District 6: Robert Bain, Karen Flagg, Janet Isaacs, Lori Simon, David Sucha, Laura Webb District 7: Ellen Kummerl, Carma Lane, Susan Ray, Mary Ann Schafer, Michael Versalle District 8: Olivia Bruce, Bradford Bryant, Brian Douglas, William Greason, Ted Jones, Eric Lewis, Joyce Payne, Latrece Porter, Elby Sharon District 9: Gwendolyn Bibb, Jeffrey Chase, Dorothy Flowers, Juliette Gregory, Lori Lindsey, Stephen Semetko, Brant Wimbush 22 Current Board Members + 46 District Delegates = 68 Total Delegates FY 07-08 NOMINATIONS FOR MAGE OFFICE In Mt. Pleasant this year, delegates attending the 2007 General Council will vote to elect MAGE Officers, and District Officers. The Nominations Committee announces the following candidates for State Office: President – Dale 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. He is currently employed in the private sector. 1st Vice President – Lawrence Chadzynski (Okemos) Qualifications/Experience: Incumbent. A member since 1988, Larry was elected as District Director in 2002, elected in 2003 as Vice President and then re-elected in 2004, 05 and 06 where he continues to serve. He has served on many of the MAGE Committees, and also represents MAGE-OPEIU at the Labor Management Health Care Committee meetings with the State Employer. Work History: Larry retired from the state with twelve years, having been employed with the formerly known Department of Public Health as Chief for the Center of Environmental Health Sciences. Before that, he worked for 30 years with the City of Detroit and served on various boards, all having to do with environmental issues. He is the immediate Past President of the State Employees Retirement Association, Lansing Chapter. 2nd Vice President – Karilyn 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, and promoted again in 1998 to Corrections Shift Supervisor 12. Secretary-Treasurer – Jane Wallin (Holt) Qualifications/Experience: Incumbent. Is a long-term member of MAGE, joining in 1982. Has extensive knowledge of the organization and it’s financial structure. Also has experience in the organization, serving in both the District and State levels, and on MAGE Committees. Is the current Secretary-Treasurer, serving consecutively since 1997. Jane graduated from L’Anse High School, and from Aquinas College in Grand Rapids with a Bachelor’s degree in accounting. Work History: She worked for the state of Michigan for 36 years, with over 25 years experience in auditing and accounting with the Department of Treasury and Lottery, and 2 years as Budget Manager for the Department of Labor. In addition to her work history, she serves as an elected Park Commissioner in Delhi Township, and is presently serving as a trustee for the State Employees Retiree Association-Lansing Chapter. RESOLUTIONS TO BE CONSIDERED AT THE GENERAL COUNCIL 2007 MAGE Resolution #1 SUBJECT: Emergency Room Charges SUBMITTED BY: District 4 DATE SUBMITTED: February 22, 2007 WHEREAS many hospitals keep patients for more than 24 hours without officially admitting them AND, WHEREAS some legitimate emergency patients are moved from the E.R. to a holding area without admitting them AND, WHEREAS current insurance requires a $50 copay if not admitted into the hospital even if kept at the hospital for 24 hours AND, NOW THEREFORE BE IT RESOLVED that hospital stays that total 24 or more hours from check-in time until release time (regardless of admittance status) shall be 100% covered without a copay. MAGE Resolution #2 SUBJECT: Dental Fillings SUBMITTED BY: District 4 DATE SUBMITTED: February 22, 2007 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 #3 SUBJECT: Shift Preference for Custody Supervisors SUBMITTED BY: District 4 DATE SUBMITTED: February 24, 2007 WHEREAS sergeants, lieutenants, and captains in DOC deserve the same shift preference rights as their subordinate officers AND, WHEREAS recruitment and retention of custody supervisors is impeded by the lack of shift preference AND, WHEREAS custody supervisors who are secure in their shift and position improve corrections operations AND, NOW THEREFORE BE IT RESOLVED that sergeants, lieutenants and captains in the Dept. of Corrections shall have the same or similar shift preference rights as their subordinate MCO members; in the alternative if the employer refuses to grant this right to all members of the three classifications and levels, then the MAGE members of the three classes shall be granted shift preference as the test group in a two-year pilot grogram, the success of which shall be evaluated prior to and at the third CCP from this presentation. MAGE Resolution #4 SUBJECT: ByLaws Change; Election of MAGE Delegate to OPEIU International Convention SUBMITTED BY: MAGE Board of Directors DATE SUBMITTED: February 24, 2007 WHEREAS, MAGE is entitled to representation at the OPEIU Convention AND WHEREAS, the OPEIU Constitution requires that such delegate(s) be duly elected, NOW THEREFORE BE IT RESOLVED, that the MAGE BYLAWS Section 9 (c) shall become Section 8 (e) and be amended as follows:
BE IT FURTHER RESOLVED, That Section 9. Elections be amended to read as follows: Section 9. Elections MAGE Resolution #5 SUBJECT: Amendment to the Bylaws - Article I. General Council Section 2 District Representation - Delegates, (a) and Article VII. Districts, Section 2. District Delegates and Alternates (a) and (b), adding (c) SUBMITTED BY: MAGE Constitution & Bylaws Committee DATE SUBMITTED: March 8, 2007 WHEREAS, the MAGE Constitution & Bylaws Committee was made aware that many Districts were in non compliance with the MAGE Bylaw requiring that Districts hold there election meetings during the month of February preceding General Council, AND WHEREAS, the Committee decided rather than to disqualify those Districts from participation in General Council that we would suggest a resolution that would broaden those parameters; thus giving the Districts the opportunity to change the bylaw before any action to enforce the existing one. The Committee also felt this action would alert the non compliance Districts that following this General Council the resulting bylaw shall be enforced, NOW THEREFORE BE IT RESOLVED, that ARTICLE I, Section 2 of the MAGE Bylaws be amended as follows: ARTICLE I. GENERAL COUNCIL Section 2. District Representation - Delegates
And, BE IT FURTHER RESOLVED, That Article VII., Section 2. District Delegates and Alternates (a) and (b) of the MAGE Bylaws be amended as follows:
(c) Note: New wording appears underlined and in bold
type . Wording to be removed appears as MAGE Resolution #6 SUBJECT: Retirement Seminar SUBMITTED BY: General Council Committee DATE SUBMITTED: March 13, 2007 WHEREAS, the State of Michigan grants administrative leave to employees 5 years prior to retirement, NOW THEREFORE BE IT RESOLVED that MAGE lobby to allow state employees to attend a retirement seminar at any given time during their tenure with the State. EMPLOYMENT PREFERENCE RIGHTS By: John DeTizio, Labor Relations Director Our phones are ringing off the hooks again. Members hear about the astronomical budget deficit and know that more position abolishments, prison closures and department consolidations could be just around the corner. Most want to know about their Employment Preference Rights. I am re-printing this article to remind you of your rights and obligations. Although each department’s plan may stray from the over-riding Civil Service Rule 2-5, each must, at minimum, provide for the application of preference within the affected employee’s principle department or autonomous entity. This does not necessarily assure that an option exists in every department to bump statewide throughout an entire department. For example, in the Department of Community Health, MAGE members working in various hospitals around the state may only bump within the hospital they reside in when their position is abolished. That means that if the hospital is closing (as has been the fate of far too many already) the employee has no bumping rights unless they have registered time in a bargaining unit where a contract may provide for statewide bumping. This is a particularly touchy subject for many MAGE members. Historically, when a hospital has received word of an imminent closure, employees petition MAGE to advocate for statewide bumping. It just so happens that MAGE members working at the hospitals that are not slated for immediate closure disagree just as adamantly. And so it goes. Oppose inter-agency bumping until it is your hospital that is closing then demand it. Unfortunately, there are so few state hospitals remaining these days, the issue is moot. Those members wishing to continue working with the mentally ill should consider the Department of Corrections since that is where most of the patients, left untreated, will end up. The Department of Corrections is a good example of a department that allows the employee to choose geographic options or limits to which they will accept a bump. Corrections employees may choose their county of present work location, or counties contiguous to their present work location, or the entire Region which contains the employee’s current work location, or statewide. Employees working for the Family Independence Agency have similar options to choose from. Although every department’s plan varies from the next, all are subordinate to Civil Service Rule 2-5, which prescribes that an employee may only apply employment preference within the employee’s current principal department and may not apply preference against a protected position. Protected positions include those in the Senior Executive Service, those in E.C.P. Group 4, and those in the Senior Executive Management Assistant Service. Calling these positions "protected" is a funny little paradox since employees are protected from being bumped but also precluded from bumping throughout the "protected" service. If your department does not have its own, Civil Service approved, employment preference plan, you may apply preference only to another position within your county of employment. You must apply preference first to the least senior position in your current classification then to the least senior position at a lower classification in the current class series or, alternatively, to the same or lower classification in a former class series in which you attained status. If you are laid off or demoted you may be placed on a recall list only if you gained status from an indefinite appointment and are displaced for reasons of administrative efficiency. You may be removed from a recall list if you fail to respond to an inquiry regarding possible employment. Recall lists are not maintained for classifications that are "protected" as indicated above. If you gained status from an indefinite appointment (as opposed to a limited term appointment) you will be placed on the recall list for the class series at, and below the classification level you were working in at the time of the reduction in force. You should concurrently be placed on the recall list for any other classification level in which you attained status. MAGE members should not assume that these things will happen automatically or flawlessly. If you are laid off or demoted, you should call your personnel office to confirm that you are on the appropriate registers. If you incur any difficulty, you should call MAGE immediately. The "rule of one" still applies in the same department in which you were laid off, meaning that the department must appoint the highest seniority employee on the recall list. In all other departments, members will have only "statewide recall rights". Historically, "statewide" selection was limited to one of the top three seniority names on the statewide recall list. Statewide recall rules now provide that selection may be made from among any of the available names. Names will be placed on recall lists for one year from the date of layoff or displacement. At the end of the one-year period, MAGE members may request an extension for an additional one-year period. At the end of the one-year extension, MAGE members may request another one-year extension. Requests for extensions must be received by the Department from which the reduction in force occurred before the expiration date of the recall list. Extensions beyond three years from the reduction in force action are not granted. Key Points on the State Budget While Governor Granholm has already cut more than $3 billion in state government spending to resolve more than $4 billion in overall budget deficits, Michigan continues to face severe budget shortages. Today, Michigan's budget faces another shortfall of more than $3 billion. In this fiscal year, there is not enough money to cover necessary spending in either the state's K-12 school funding budget or in the general fund that pays for health care for families, keeping prisoners in jail, local police and fire protection, protective services for children and much more. The state has taken drastic actions to reduce its spending in recent years. Today there are fewer state employees than there were in 1973. The Granholm Administration has cut more than $3 billion from state services and programs in the last four years, more than any previous Governor. Higher education spending has been cut by more than $250 million forcing students and their families to deal with significant tuition increases. Public schools have faced mid-year spending cuts twice. Spending on the arts and cultural institutions has been reduced by almost a third. Spending for local governments, primarily police and fire protection has been cut by $585 million resulting in a loss of police officers. Despite these actions, the state does not bring in enough money to fund the health care, education, safety and other services it provides — or needs to provide - to citizens. The cuts and other revenue adjustments cannot keep up with the continuing decline of state revenue. State revenues are declining for a number of reasons. Since 1999, the state and federal government have cut taxes for Michigan citizens by nearly $1.9 billion, including income tax and single business tax rate cuts and the repeal of the federal estate tax. With the repeal of the state's Single Business Tax (SBT) at the end of 2007 and no plan to replace the lost revenue, that total will double to $3.8 billion in cuts. At the same time that Michigan was cutting taxes, severe
contractions in the state's manufacturing base have led to both massive layoffs
and reductions in industries and businesses that depend on manufacturing workers
for revenue. As people lose their jobs, they pay less income tax and spend less
- decreasing the state's tax revenue. These people also often turn to the state
for help in ensuring they have health care and food for themselves and their
families. This combination of tax cuts and jobs loss has resulted is
historically low levels of state revenue. When the state Legislature eliminated the SBT last year, it eliminated nearly $1.9 billion in revenue the state uses to fund health care, education and police and fire safety. That shortfall compounds an already challenging situation with both the state's education and general fund budgets. To solve this $3 billion problem, Michigan is faced with a choice - make significant cuts to education, public safety, child protection and health care or change the way Michigan does business. $3 billion is approximately 35% of the state's general fund budget. Advocates of the budget cut solution must be willing to make deeps cuts to significant state programs, or eliminate programs entirely. To save $3 billion, Michigan could: • Cut all funding for the state's universities and community colleges and eliminate all mental health services to save $3 billion. Or ... • Eliminate all health care programs for seniors, children and the poor and release all 51,000 prisoners to save $3 billion. Or... • Eliminate funding for local police and fire protection, end all public assistance programs including daycare and disability assistance, end worker training programs, close the state police, the courts and all Secretary of State offices, end environmental protection and land management programs, eliminate food safety monitoring, gas inspections and all arts and cultural programs to save almost $3 billion. Or ... • Cut roughly 20% of funding for public education ($ 1,700 per student) (Article from the Michigan AFL-CIO Rapid Response Center) Call Your Legislator Now Or Accept Cuts Later By: John DeTizio, Labor Relations Director If there was ever a time to break down and call or write your legislator, now is that time. We hear some of them already beating the drums… "pay increases for state employees should be stopped" … or as Craig DeRoche (R-Novi) said, "workers at Ford and Delphi aren’t receiving $400 million in wage increases". Yes, we are back in the cross hairs again, facing a $400 million deficit for this year and a $3 billion deficit for next year. How much is $3 billion? It was only a $2 billion deficit that resulted in our furlough days and banked leave time hours. The good news is that we have prevailed in convincing this administration to look to revenues instead of cuts. It is clear that Governor Granholm is on our side and sympathetic to our plight. She needs our help now more than ever to convince your representatives that her course is the most provident. It is time to educate some of your new representatives and remind some of the experienced ones about the facts. It’s time to take them back to the Engler years when the auto industry was booming… when housing starts were through the roof and unemployment was at a record low… when tax dollars were pouring into state coffers…when state lawmakers gave themselves a 38% raise in one year and Engler gave himself even more… when our neighbors in the auto industry were receiving high base salary increases and even larger bonuses.
Let me give some specific examples that you should share with your representatives when you call or email them. During the last 10 years of the Engler administration our friends and neighbors in metropolitan areas in Michigan received 31% more in salary and wage increases than you did. Do you remember… when we were getting 1% raises and lump sum bonuses that were not rolled into our base? I can assure you that your representatives will NOT remember it. You should also remind your representatives that the size of state government is the smallest it has been since 1974. We have been working harder with less since the last early out when we lost 8,000 state employees. Remind them that in the Department of Human Services, Wayne County alone lost 1,000 employees in the last early out. Now we could argue that there use to be over 1,000,000 citizens in Detroit and now there are substantially less, but the reality is that minorities typically represent the caboose of the economic train. When the train slows down, they slow down a lot further back on the tracks and it takes them longer to catch up. The Food Assistance Program in DHS showed a 15th straight month increase with ½ million households, representing 1.9 million people. The Family Independence Program had 88,795 cases in December, topping a recent high of 88,133. Child Care cases also climbed in December to 61,000. My point is that when the state is in a crisis, Wayne County typically finds itself in a more dire crisis, which means the Department of Human Services should have a thousand more workers in Wayne County right now, not a thousand less. The same goes for our members in the Unemployment Agency. When the economy crashes, their caseloads increase exponentially. Your Senate Majority Leader, Mike Bishop (R-Rochester) recently stated that "government has gotten too big and has gotten lazy in its old age". The Republicans contend that they have miraculously discovered another $850 million in cuts to state government. Cuts which will undoubtedly be directed at you and your jobs and your pay and your benefits. You must act now to remind your legislators that Governor Granholm has already cut $3 Billion in government spending since 2002. In 2002 we had 58,000 state employees, now we have 53,000. Payroll as a percentage of state spending has declined by one-third since 1982. MAGE is doing it’s part. You have the best lobbyists in the state up there moving and shaking and convincing the powers that be that revenues must be increased as opposed to cut, cut, cutting. BUT THAT IS NOT ENOUGH. YOU, EACH ONE OF YOU NEED TO SHARE THIS ARTICLE WITH YOUR FRIENDS AND INSTRUCT EACH OF THEM TO CONTACT THEIR LEGISLATORS NOW! One of your Governor’s favorite sayings is, "In God we Trust…all others bring data". Share this data with your representative today. Remind them that state employees have already done their part to cure the economic woes that plague our state. 2007 Scholarships Applications Available Applications for OPEIU’s Howard Coughlin Memorial Scholarship are available through the MAGE-OPEIU office by calling 1-800-477-MAGE. Twelve full-time scholarships (maximum value of $5,000) and six part-time scholarships (maximum value of $2,000) are awarded each year. Howard Coughlin Memorial Scholarship: Applicants must be:
Howard Coughlin applications must be received at the International Secretary-Treasurer’s office by no later than March 31, 2007. Winners will be announced during the month of June 2007. In addition to the Howard Coughlin Scholarship, Union Plus Scholarships are available. The amount of these scholarships range from $500 to $4,000. This is a one-time cash award sent to individual winners for undergraduate study beginning in the fall of the same year. Applicants and requirements for a Union Plus scholarship including an essay of no more than five hundred words must be mailed by no later than January 31st to the Union Plus Scholarship Program, P.O. Box 34800, Washington, D.C., 20043-4800. For applications, and/or additional information about Union Plus Scholarships, please visit www.unionplus.org/scholarship. MAGE
MEMBER RECEIVES SPECIAL RECOGNITION
Patricia Brooks, a MAGE member at Walter Reuther Psychiatric Hospital has been named to the Michigan Institute for Nursing Excellence. We are extremely proud that Patricia has been recognized by the Institute for her tireless efforts on behalf of her patients" Each year 30 individuals are chosen from a large field of nominees. Sponsored by the Michigan Center for Nursing, the institute focuses on developing nursing leadership and recognizes applicants displaying leadership skills within their positions. "These are the kind of MAGE members we are so proud to represent", said Dale Threehouse, President of MAGE. "True professionals who are sincerely dedicated to their work and the people they are responsible for protecting". Ms. Brooks began her career as a certified nursing assistant and then went on to attend LPN school. In 1990 she began working for the State of Michigan as an LPN at Southgate Regional Center. While working there she attended Henry Ford Community College and in 1998 received her associate’s degree in nursing. Now a Registered Nurse, Ms. Brooks worked at Mound Road Correctional Facility before transferring to the Walter Reuther Psychiatric Hospital. "That is why MAGE is here," said MAGE President Threehouse. "So that people like Patricia can devote themselves to their work and let us worry about their compensation and benefits and retirement and job security". Ms. Brooks, a dedicated MAGE member said, "I am proud to be a MAGE member. I have watched them do many good things for our members over the years. "I am equally proud to be associated with the Institute for Nursing Excellence. It is a dream come true. From the beginning, nursing came natural to me and I came to realize that it is my nitch in life. I gain great personal satisfaction in knowing that I played a role in helping someone who is sick that got better, or in easing someone’s pain or discomfort". If you or one of your children has received an award or special recognition, let the MAGE office know about it. You may see it in a future edition of IMAGE. HELP US HELP YOU by John DeTizio MAGE is always striving to do more for our members. As mentioned in President Threehouse’s last column, we are now involved in expanding the services we currently provide. Our core responsibilities will remain in the work place protecting the wages, hours and working conditions of our members. We will remain devoted to representing members in grievances and disciplinary conferences and technical complaints and we will remain devoted to protecting the retirement benefits of our members. Our new expanded benefits will include life insurance, accidental death & dismemberment and a long term disability payment, all at no additional cost to our members. Another service we are in the process of developing is a special MAGE member discount on everything from restaurants to oil changes. The only way to tailor these services to meet the needs of our members is with your input. I am asking that each member provide us with a list of businesses in their area where they would like to receive a MAGE member discount. We will need the name, address and phone number of the business. Just as an example, if you work at a prison and find that you and your peers often stop at the restaurant on the corner, let us know. We will secure a MAGE member discount. After you eat, you show them your MAGE card to receive a discount. Remember that this concept is not limited to restaurants or gas stations, oil changes, hardware stores, movie houses, or health clubs. If you live near Lansing and enjoy attending Lugnut games, let us know about it. If you live near Mt. Pleasant or Detroit or one of the Upper Peninsula Indian casinos and would appreciate some form of a casino discount, just let us know. Remember that this cannot work unless you tell us your interests. We will need a list of the businesses in your area including the names, addresses and telephone numbers. A few minutes in one of your local yellow pages will pay off big dividends this year and for many years to come. Just send us your suggestions in an e-mail or fax, or call or write the MAGE office. Spend a few minutes today and we will do the rest.
DEPARTMENT OF HUMAN SERVICES EMPLOYEES ALERT The Department of Human Services is currently revising policies and practices in response to the Ricky Holland case. They are reviewing the actions of 23 DHS employees in two counties who, over five years, had some form of contact with the Holland case. Disciplinary investigations on 10 employees, including six supervisors have been initiated. This is particularly disconcerting because they are already some of the most overworked and stressed-out supervisors in the State. Our Nurses in our state hospitals have a tough way to go. Being around mentally ill people is a challenging, dangerous, unpredictable, and often discouraging job. Our Corrections Supervisors also participate in a herculean struggle, day-in and day-out. Remaining in such close proximity to murderers, self mutilators and rapists is, in itself, stressful. Nothing, however, compares to the stress induced by witnessing the abuse of a helpless child. The only thing more stressful is being disciplined or investigated for neglecting to protect them. Unfortunately, many of the employees who enter into the field did so because they felt strongly about protecting helpless, innocent children. They are often individuals who possess a heightened sensitivity to the plight of the helpless and feel an obligation to protect them. When allegations of dereliction of duty are leveled upon them it is exponentially worse. The allegations often suggest that they not only neglected to perform a necessary job task or responsibility…but that the dereliction of that duty resulted in the continued abuse of an innocent child. They need and deserve our help more now, then ever before. We are, as I write this article, receiving calls from DHS employees embroiled in the Ricky Holland tragedy. It’s painful to have to inform some of them that we cannot represent them because they were not MAGE members when the actions being investigated occurred. The same thing happened recently in the Department of Corrections when the Selepak case shook that Department. If you are already a member, please share this with a non-member… before it’s too late. Remind them that we buy home insurance for our houses and car insurance for our cars. MAGE is their job insurance. Without our jobs, we will have no home or car to buy insurance for. CIVIL SERVICE COMMISSION APPROVES MAGE COMPENSATION PACKAGE FOR FY 2008 The Civil Service Commission approved the previously negotiated MAGE agreement at its meeting of December 5, 2006. The Commission approved the following:
MAGE members will remember that the Civil Service Commission already approved our agreement which provided our 2% raise on October 1, 2006 and which will provide another 2% in April of 2007. The agreement also already provided for a $.25 per hour pay increase for Corrections Shift Supervisors 11, 12, & 13 and Corrections Shift Inspector 13s on October 1, 2006, and a $.40 per hour increase for our Assistant Resident Unit Supervisor and Resident Unit Manager classifications on October 1, 2006. Reassignments By: John DeTizio, Labor Relations Director A week does not pass in the MAGE office without receiving five phone calls regarding reassignments. Can they reassign me if I don’t want to go? Must they reassign me if I want to go? Can I force them to reassign one of my subordinates? Historically, lateral reassignments, or as the newer Civil Service Rules refer to them, "lateral job changes", have been perceived as an inherent management right. That is, absent any ulterior and illegal motives for doing so, management may reassign an employee for any non-capricious reason they may fashion. Some Civil Service Hearing Officer decisions, particularly Sweet [v Department of Mental Health] and Haldane [v Department of Corrections] have been perceived by employees to mean that a department may not reassign an employee if the reassignment adversely affects the employee’s conditions of employment. Unfortunately, it is not quite that simple. An employee cannot simply grieve any reassignment and assume that the burden of proof will fall on the department to prove a rational basis. In fact, in Haldane the Commission specifically addressed this issue;
The fact is that, based upon the Commission’s perception of the current rules, an employee does not have the right to grieve just any reassignment. An employee may only grieve a reassignment that violates a Civil Service Rule or Regulation or a work rule of the Department, or Article XI, Section 5, of the Michigan Constitution. Procedurally, the burden is on the grievant to first prove that the reassignment actually resulted in an adverse impact. Typically the term, "substantial adverse impact" has been perceived to be a "loss in pay or benefit" as opposed to, for example, no longer being able to pick your child up from school as a result of a reassignment. If this first hurdle is not surmounted, the issue is not grievable and no burden exists for the Department to articulate a rational basis for the reassignment. This whole issue becomes a little muddled when the reassignment is "disciplinary". As MAGE members know, MAGE has diligently protected the "just cause" disciplinary system in the classified service. The just cause doctrine prescribes that any discipline must be issued only for "just cause" and requires that the Department provide some demonstrable, business-related reason for imposing discipline. A paradox arises when a non-grievable reassignment is imposed for a grievable disciplinary reason. The fact is that the Department does not need to provide any more than a rational basis for "reassigning" an employee however, if they call it a "disciplinary" reassignment, they must accept a burden of proving much more than a rational basis…they must prove "just cause". So what exactly is the standard of review for "disciplinary" reassignments? It just so happens that the Commission recently examined this issue. In Department of Corrections [v John Clark] the Commission ruled that characterizing a reassignment as "disciplinary" in itself places a "significant taint" on the record of the employee which could affect future employment opportunities. Therefore, the Commission reasoned, even though the reassigned employee’s pay and benefits were not reduced, he should still be allowed to grieve and the department should bear the burden of establishing that it had just cause for punishing him. Does this mean that we can now grieve every reassignment as a de facto disciplinary reassignment? … NO… The Commission specifies that a reassignment only becomes a "disciplinary reassignment" when the department labels the reassignment as disciplinary or imposes the reassignment in conjunction with other discipline. As stated in Clark, "It is precisely this formal disciplinary characterization and its punitive connotations that change an ordinary nonreviewable reassignment into a "disciplinary reassignment" subject to Civil Service review." So, for our members who are in Personnel and Labor Relations and those residing in other positions responsible for doling out discipline, I must recommend that you would be foolish to ever refer to a reassignment as "disciplinary". Why incur the additional burden of proof and pave the way for a viable grievance? On the other hand, if I am talking to our MAGE stewards, I would suggest that the chances of prevailing when grieving a reassignment that is non-disciplinary are not very good, therefore, any time a department is considering a "disciplinary" reassignment, let them proceed… then grieve. If you have questions about a past or pending reassignment, call the MAGE office. Committee members of MAGE shall be reimbursed for expenses incurred for travel or other business expenses as prescribed by MAGE Policy. Any other remuneration for services performed shall be as established by a ¾ majority vote of the Board of Directors. What if I get sued by a subordinate or peer? By John DeTizio - Labor Relations Director In the last edition of IMAGE I discussed the recent Michigan Supreme Court decision (Elezovic v Ford Motor Co. 472 Mich 408; 697 NW 2d 851 (2005) wherein the court ruled that the Elliott-Larsen Civil Rights Act specifically subjects supervisors to individual liability. That means that an employee who simply alleges that you discriminated against them can sue you. Furthermore, you can be individually sued if you are made aware of some other employee participating in a discriminatory practice and neglect to act on the complaint. The question I will address in this article is … "what should you do if you find yourself embroiled in this type of situation?" The first step you should take is calling the MAGE office to speak to one of your representatives. We will decide whether it is necessary to contact your Department of Human Resources. As a general rule, I would suggest that if an employee so much as whines about the treatment they are receiving from a supervisor or a peer, you should document it and inform your department of Human Resources, your EEO Coordinator or the designated agency in your department (i.e., DHS employees would contact the Office of Equal Opportunity). Section 4-A-1 b of Civil Service Regulation 1.03 Investigating Reports of Discriminatory Harassment requires the following:
You do not want to find yourselves in the position of being sued personally by an employee for violating CS Regulation 1.03. If you do find yourself in that position, you will need to call the MAGE office immediately. We will take steps to assure you are being represented by the State. If your department or the Attorney General refuses to represent you, we will immediately file a grievance seeking representation and assist you in securing a competent attorney. MAGE will then seek to have the State re-compensate you for any and all expenses incurred as a result of the lawsuit. My guess is that many of you are working under the inaccurate assumption that the State will represent you if you are ever sued as an individual by a subordinate or peer. History tells us that that is not the case. Civil Service Rule 2-19 Legal Representation prescribes that, "If an employee is named in any civil claim or action alleging negligence or other actionable conduct arising out of employment in the classified service, the employee may request that the appointing authority provide the services of an attorney at state expense to represent the employee. If the appointing authority determines either (1) that the conduct alleged occurred during the course of the employee’s employment and within the scope of the authority delegated to the employee or (2) that the employee’s conduct occurred during the course of the employee’s employment and the employee had a reasonable belief that the employee’s conduct was within the scope of authority delegated to the employee, the employee is entitled to legal representation at state expense, subject to the following conditions:
Now, the key question regarding state representation and/or compensation if you are forced to secure your own representation is this… Will the Department represent me, if, for example, subordinates allege that I sexually harassed and discriminated against them? Is that alleged conduct "within the scope of authority delegated to the employee?" The answer, unfortunately, is not so cut and dried. The fact is that I have personally represented a MAGE member [Kevin Schneider and Department of Mental Health, HERM 092-96] who walked into an office and placed his hands on a co-worker’s shoulders and said "hello". The co-worker lost her balance as a result of the touch and subsequently filed civil and criminal complaints alleging that the MAGE member "unannounced and unprovoked, violently pushed and shoved the complainant into a window causing her to be injured, shocked, stunned and spiritually drained". The Attorney General refused to represent the MAGE member concluding that the alleged acts were not "within the scope of authority delegated to the employee". The MAGE member was forced to defend himself in the legal actions that followed and then grieve to recover his losses. We eventually prevailed in an arbitration hearing and, again, upon the Attorney General’s appeal to the Employment Relations Board. During the hearing, I directed the Hearing Officer’s attention to an appointing authority letter, which went back all the way to the 1970’s and which the Attorney General ostensibly did not know existed. It read as follows:
In the end our MAGE member was made whole for thousands of dollars of legal expenses incurred in defending himself in addition to the annual leave he was forced to take to attend meetings and hearings, and the transportation and parking costs associated with attending required meetings and hearings. I am proud of the fact that MAGE has been instrumental in clarifying the intent of the state’s legal representation policy and I predict that this decision will become even more important as the ramifications of this latest Michigan Supreme Court decision begin to affect our members. The summer camp is held July 31 – August 7, 2004 at University Forest, 153 University Forest Drive, Wappapello, MO. Announcement of the winners will be made during the month of June. |