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Whereas, in order that MAGE has representation on the Board from all areas of the State, and

Whereas, as with any new position, there is an adjustment period wherein officers and directors (Board members) find the best way to serve their constituents, and

Whereas, officers and directors (Board members) serving only one year may be still learning the process, AND

Whereas, replacing officers and directors (Board members) each year may not be in the best interest of the members,

now therefore be it resolved that the MAGE Bylaws, Article 1. General Council, Section 12. Terms of Office be amended as follows (amendment in bold italics:

Section 12. Terms of Office

Each Officer, District Director and Deputy Director shall serve for one (1) year two (2) years from the date of installation or until a successor shall have been duly elected and installed.

MAGE RESOLUTION #6

WHEREAS, MAGE’s income is less than expenses and will be in the foreseeable future AND,

WHEREAS, MAGE cannot continue as a viable association unless it is financially solvent AND,

WHEREAS, Corporation law requires that the association must have an annual meeting,

NOW THEREFORE BE IT RESOLVED, that bylaw Article I, General Council, Section 13, Expenses of Delegates Delegate Expenses, be amended as follows: Delegates at Large to the General Council shall be reimbursed for in state travel at a rate equal to that currently approved by the Board, upon presentation of proper voucher to the Secretary-Treasurer. , provided that such rate shall in no case, be less than any rate used by the Board for its own travel during the fiscal year in which the General Council is held, provided that the rate is not higher than the IRS approved rate. District delegates may be reimbursed for travel at a rate approved by their District upon presentation of proper voucher to their District Director for payment from District funds.

MAGE RESOLUTION #7

SUBJECT: Article VII. Districts, Sections (a) thru (i)

WHEREAS, the actively employed membership in District 2 has been below 50 members for several years, and is now below 30 members, AND

WHEREAS, District 1 membership has also declined to fewer than 75 actively employed members, AND

WHEREAS, geographically, District 1 is the closest to District 2, and would be best able to represent these members, AND

WHEREAS, combining the two Districts would result in cost savings for MAGE,

NOW THEREFORE BE IT RESOLVED that the MAGE Bylaws, Section 1 (a) be amended as follows (old language taken out is in strikethrough, (new language in bold italics):

1. District 1: Counties of Gogebic, Ontonogan, Houghton, Keweenaw, Baraga, Marquette, Iron, Dickinson, and Menominee, Alger, Schoolcraft, Luce, Chippewa, Delta, and Mackinac.

Subsections (c) through (i) would be renamed (b) through (h).

MAGE RESOLUTION #8

SUBJECT: MAGE Bylaws Article 1. General Council Section 10. District Elections

Our MAGE legal Counsel has confirmed that MSEA, along with some other unions will be filing suit regarding PA 185.  They will be arguing, among other things, that the legislature does not have the power to establish compensation for state employees.  The Civil Service Commission is the only body vested with that power.  

MAGE has enjoined this suit, and will continue monitoring the lawsuit for the benefit of our  members.  

3% RAISE AND UNFAIR LABOR PRACTICE (ULP)

The Unfair Labor Practice decision is in. While this was a win for MAGE it does not return to our members the 3% pay increase enjoyed by other state employees.  To read the full decision click here HERM2010-059andNotice.pdf.  MAGE-OPEIU Local 2002 members should know that this is only the first hurdle in what will be a protracted and expensive battle. 

As the case proceeds, MAGE officers, staff and lobbyists will use this decision to convince your legislators to put more pressure on the administration to address this travesty. MAGE legal counsel will also use this decision in our pending separate lawsuit.

In December the State filed a motion for summary dismissal of our lawsuit and MAGE countered with a motion for summary judgment.  No decision has been rendered by the court on these motions.  

WHAT YOU CAN DO….. Help Us Help You!

Every NERE affected by this decision, whether a MAGE member or not should be calling, emailing or meeting with their State Representative and Senator. They should provide their Representative with a copy of this decision and demand that they address this inequity. They should point out the violations and ask if their representative condones this type of behavior.

MAGE will continue pursuing this inequity until we are made whole… and we will be made whole.

Watch this web page for updates on the ULP and lawsuit. This has been and will continue to be a very expensive and time-consuming battle. If you are not a MAGE member, please consider joining your many peers in "standing up" for yourselves.

If you are a MAGE member, please pass this message along to a non-member. Remind them why we are here and why you belong. Help us convince them we need their support to protect their pay, benefits and working conditions.

Department of Corrections & Department of Community Health = Corrections Mental Health Program

Retiree Health Care Contributions Frequently Asked Questions & Answers

Tiffaney Michael -2010 Howard Coughlin Memorial Scholarship Winner!

Dale L. Threehouse

It is with profound sadness that we inform you of the sudden passing of Dale Threehouse, our MAGE President.  Dale, a founding member of MAGE, has been serving as president since 2004.  Besides his MAGE family, he is survived by his wife Eileen, and his children and grandchildren. The funeral was Thursday, September 2, 2010.   First Vice President, Karilyn Sanders will succeed President Threehouse for the remainder of the 10/11 year.  

SB1226 - RETIREMENT BILL UPDATES

Wednesday, September 29 . . . Senate OKs Immediate Effect For Retirement Bill

SB 1226 - the bill to encourage state employees to retire, was a key component of the 2010-11 fiscal year budget agreement, won immediate effect in the Senate today after it failed to get the necessary votes last week.  With the move, SB 1226 now goes to Governor Jennifer Granholm for her signature.

Immediate effect requires a two-thirds majority, or 26 votes. It received 27 votes.

Visit the Office of Retirement Systems website to view frequently asked questions and a link to calculate retirement benefit:   http://www.michigan.gov/orsstatedb/0,1607,7-208-55396-231506--,00.html

miAccount

To register, locate your Member ID (found on the member account access card that was mailed to your home in early August), visit www.michigan.gov/orsmiaccount, click on the "State Employees Retirement System" option, and then click "Register Now" and follow the prompts.

CIVIL SERVICE COMMISSION VOTES DOWN THE 3% RAISE FOR NERES

WHAT MAGE IS DOING TO FIGHT THIS ACTION. . . .  

Briefs and response briefs have been filed. We expect Hearing Officer, William Hutchens, to issue a decision before October of 2010 , which just happens to be when the rank and file will be receiving their 3% raise.  We are awaiting a court date to be set for the separate lawsuit filed in the Court of Claims regarding this issue.

Background

At the Civil Service Commission meeting the Commission voted on a 2-2 tie to reject the Coordinated Compensation Panel’s recommendation to grant the 3% raises to NEREs. 

“This action today makes it abundantly clear that the Governor, the Office of the State Employer, and the Civil Service Commission do not support equity and fairness for all state employees”, said President Threehouse.  “We will not allow this inequity to stand unchallenged.  We will exhaust all legal remedies and pursue this matter with all resources at our disposal”, he said. 

The MAGE Board of Directors has authorized any legal actions necessary to correct this injustice.   At MAGE's General Council meeting on May 15, legal counsel Brandon Zuk reported the following to delegates there:  

Mr. Zuk reported on the two fronts that MAGE is fighting to reinstate the 3% raise promised by the State Employer in 2007 and denied by the Civil Service Commission in 2010.   On the first front, MAGE has filed an Unfair Labor Practice suit against the Civil Service Commission based on the fact that the OSE has failed to follow the consensus agreement signed in 2007.  The defense is the fact that the State does not have the money to pay the raise.  The State Employer tried to get the hearing officers to throw out the charge because MAGE does not have collective bargaining.  The hearing officer denied that motion, so this is going to trial next Tuesday.  It will be sometime after that when we find out the ruling of the hearing officer.  Mr. Zuk stated that he was quite confident that the hearing officer will rule in our favor, however the concern is that the hearing officer may not have the authority to force the State to financially reimburse our members, even if it is proven that an unfair labor practice was done to MAGE. 

This leads to our second course of action, which was to file suit in the Court of Claims, within the Ingham County court system.  The suit is asking for damages against the State of Michigan arguing that State employees have been damaged by the actions of the State Employer.  There are three counts to the suit – count one is breech of contract, count two is unjust enrichment, the third claim is it violates equal protection.  There is some history with MAGE filing a similar lawsuit, however this one is markedly different in that MAGE had the consensus agreement in effect for two years prior to the violation by the OSE.  Also the Civil Service Commission approved new pay raises for the rank and file employees, while at the same time denying it to NEREs.  This case has been assigned to Circuit Court Judge James Giddings.  We hope to recover damages for our members equal to the 3% raise.   

SPECIAL NOTICE FOR RETIRED MEMBERS 

Beginning in January 2010 retired members may now choose either the traditional membership for $25 per year or the enhanced membership for $60 per year.  Proof of entitlement will be sent when the $60 payment is received by MAGE.  Only the retirees selecting the enhanced membership will receive these additional benefits

June - July  2010 Labor Relations Report

We are embroiled in so many battles right now I don’t know where to begin. First there is the lawsuit and Unfair Labor Practice charge on the 3% issue. All MAGE members will recall that MAGE, along with the other LROs reached an agreement for a 3% raise to be received in October of 2010. Sharon Bommarito, the Director of the OSE, subsequently reneged on the agreement while concurrently approving the agreement for our subordinates in the rank and file.

It has since become apparent that Bommarito received her marching orders from the Governor’s office and, in light of the fact that three of the Civil Service Commissioners were appointed by this Governor, it is no surprise that the vote regarding the 3% issue went the way it did.

The good news is that the ULP hearing went extremely well. The fact that Bommarito refused to abide by the Hearing Officer’s subpoena sets in our favor. The other good news is that the initial appeal goes to the Employment Relations Board, which already ruled in MAGE’s favor during the CCP process. The bad news is that the final appeal goes back to the same Commissioners… which is why the concurrent lawsuit is necessary.

MAGE is also thoroughly involved with the retirement legislation. Your staff, Officers and best lobbyists in the state, Capitol Services are fighting tooth and nail to improve the "carrot" and lose the "stick" of this latest version of, what now could turn out to be an "early out".

Your lobbyists are also up at the Capitol fighting hard to preserve enough funding in each Department’s budget to avoid more position abolishments. The Department of Corrections is already facing a $46 million short fall which will undoubtedly result in more strife for MAGE members. Talk of abolishing Captains positions has quieted for now, however, plans to reduce Correctional Facilities Administration (CFA) from three to two regional administrations will drastically affect many MAGE members.

It is now clear that your legislators will not be approving the funding for the large number of additional employees your Governor is demanding for the Department of Human Services. This is unfortunate, not only for our over worked employees, but also for the record number of our Michigan neighbors in dire need of those services.

Finally, I would like to remind you that this is an election year and as a state employee it is essential that you understand that politicians determine your fate. Get involved…now…and get the right people elected or get shafted. This Business Leaders of Michigan group has unlimited funds and wields a lot of power and they are still demanding more cuts to state Government. A lot of representatives are heeding their call and a lot of your neighbors are eating this up… Get involved.. or don’t complain when you get shafted.

President Dale Threehouse welcomed the delegates and alternates to the 2010 MAGE-OPEIU Local 2002 General Council, held in Mt. Pleasant on May 15^th. President Threehouse updated everyone on a series of meetings held with the State Employer late last year over the budget deficit and possible concessions. He talked about the 3% raise and MAGE’s testimony at the Coordinated Compensation Panel, which brought us a brief victory until the Civil Service Commission ultimately voted to take away the scheduled 3% raise.

Delegates were addressed by OPEIU International President Michael Goodwin (pictured above), who greeted them on behalf of the 105,000 members of OPEIU. He talked about the stability of OPEIU, and reassured our members that MAGE has their full backing to help us address all the inequities occurring to the managers and supervisors. He encouraged members to keep up the fight.

Legal Counsel Brandon Zuk gave a report on the upcoming unfair labor practice, (ULP) hearing scheduled for May 18^th. He discussed the additional lawsuit filed in the Court of Claims and talked a about the strategy and arguments. 

MAGE lobbyist, Noah Smith of Capitol Services, Inc., reported on the school teacher retirement bill that passed and what that means for the state employee bill that will be debated next. He assured delegates that they have lobbied hard to remove the" sticks" from the Governor’s proposal, and improve the "carrots", striving for a high enough multiplier to provide a sufficient incentive to retire. He talked about the budget process and problems, and also talked about the upcoming elections and candidates for office.

John DeTizio gave a presentation on the budget deficit and summary of the past several years of wage concessions sacrificed by state employees. He warned about the group called Business Leaders for Michigan and discussed their goals with regard to state employees. DeTizio implored the delegates to pay attention to the statistical data he was providing so that they can get out there and accurately defend themselves to their friends and neighbors as well as their legislators.

In a close election for MAGE President between Dale Threehouse and Alan Quattrin, delegates re-elected President Threehouse to continue leading the organization during this unprecedented assault on the non-exclusively represented employees.

A motion was made and approved unanimously to make long-time active members, William Manning and Harry Schultz as honorary delegates to General Council. President Threehouse presented Kim Perry and William Manning with certificates of appreciation for their dedication and years of service to the MAGE Board.

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 15^th were: Dale Threehouse of Lapeer, re-elected President; Karilyn Sanders of Lansing was elected new as 1^st Vice President; Celeste Wright of Essexville was elected new as 2^nd Vice President; Ann Sanders of Eaton Rapids was elected new as Secretary-Treasurer; and Y’von Forehand of Oak Park is Past President.

In District elections,14 District Officers were re-elected to the MAGE’s Board of Directors, and 4 were elected new to serve on the Board. Elected were: District 1, Mike DeShambo, Director and Richard Wickstrom, Deputy Director; District 2, Keena Jones, District Director and Alan Quattrin, as Deputy Director; District 3, Scott Nicewander, Director and Brent Mitchell as Deputy Director; District 4, Lane Stewart, Director and Joanne Cripps as Deputy Director; District 5, Georgia Green, Director and Richard Koch II as Deputy Director, District 6, Michael Herendeen as Director and Karen Flagg 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. 

   PRESIDENT THREEHOUSE AND THE RALLY AT THE STATE CAPITOL

President Threehouse addresses State Employees on the steps of the Capitol 

"The rally on the steps of the Capitol was well attended and well covered by the media, although I would have liked to see more MAGE members.  I spoke on the steps of the Capitol, along with the leaders of other unions and a few Representatives and Senators.  After the rally, many attendees proceeded to the Senate Hearing where testimony was received regarding the bill.  The Senate subcommittee has now reported out the retirement bill and had the audacity to remove the 1.6 factor.  Thus a bad bill becomes worse ! 

MAGE members need to spread the word and call and write their representatives now.  Tell them if they want to pass a retirement bill it should be HB-4813, which provides for a retirement that state employees could afford".

State Employees voice their concerns at the rally on 3/23/10

From 3/11/10 - GOVERNOR’S RETIREMENT PROPOSAL IS INTRODUCED IN THE HOUSE AND SENATE

Senator Mark Jansen (R) introduced SB 1226, and Representative Chuck Moss (R) introduced HB 5954, both covering the Governor’s proposed retirement plan for state employees.  Both bills were enrolled on March 11^th and assigned to Committees.   

Classified employees must meet the eligibility requirements under the current rules (age 55 with 30 years, or age 60 with 10 years) to retire under these bills.   The multiplier would go from 1.5 to 1.6 for workers eligible to retire, and you keep your years of service.   

For people who retire after the September 30, 2010 date, the bills require state employees to pay 3 percent toward the retirement system; earned service credit will be capped at 30 years and retiree vision and dental coverage will be eliminated.  

In order for employees who are eligible to submit applications between April 15 and May 15, 2010, the bill must be passed by early April.  MAGE-OPEIU does not support this legislation in its current form.  There will be much debate and proposed changes to these bills as they make their way through the house and senate.  State employees must be a part of this process. Contact your State Representatives and Senators today to let them know how you feel about this proposal, and don’t forget to remind them about all of the concessions you have given over the last several years.    

MAGE MEMBERS CAUGHT IN POLITICAL STORM by John DeTizio, Labor Relations Director

I have bad news and worse news to share with you. I’ll take a moment to recall the injustices recently leveled upon NEREs and then let you in on the worse news.

You all know by now that the Granholm administration had the audacity to recommend that the Civil Service Commission approve the reneging on our agreement for a 3% raise in October of 2010. MAGE, along with the other LROs caught in this political maelstrom, first argued our case before the Coordinated Compensation Panel. The Panel agreed that the OSE entered into an agreement which could not be broken. The Panel also reminded the Commission that the OSE and the Commission had, at MAGE’s urging in previous years, promised that they would closely monitor concessions and assure that concessions would not affect NEREs more deleteriously than our rank and file subordinates. I should also mention that MAGE President, Dale Threehouse also reminded the Commission that we were not only representing the supervisors and managers but also the analysts and secretaries and clerks whose counterparts and peers in departments covered by contracts would be receiving raises.

Well, now we all know how reliable the word of the Civil Service Commission is…and the word of the OSE. They should all be ashamed of themselves. What they don’t realize is that the younger folk in the rank and file are watching how their supervisors are being treated. You give what you get in this world and we can expect that we will not be getting much from our subordinates. They certainly won’t be working hard to get promoted.

Since President Threehouse will be addressing the specifics of this debacle I will move on to the next assault. Your Governor has suggested a special retirement containing a small carrot and large stick. I will avoid the details for two reasons. One, MAGE has already addressed this in length in flyers, emails and on our web page. Two, at this point this is only the governor’s recommendation, and if recent history is any indication, neither the House or Senate have been putting much thrift in the governor’s recommendations. The truth is that it appears clear that the governor, at this point, carries very little weight….substantially less than Governor Engler during the last year of his term…no pun intended. We anticipate that the retirement plan could morph into something barely resembling the original plan or could die a slow death. Anything could happen in this election year. Be assured that MAGE staff, officers, lobbyists and devoted members will be lobbying hard to improve the plan.

Now, on to the worse news. We are still facing a firmly entrenched, structural , budget deficit. This deficit cannot be cured by a simple economic uptick or a jump in employment. The fact is that we will never again have enough revenue to sustain our needs without a tax increase. The more disconcerting fact is that your Senate Majority Leader, Mike Bishop, has made it abundantly clear that he will not agree to ANY tax increase. Instead, many of your representatives have made it clear that the only way they will cure this budget deficit is by cutting the pay and benefits and number of state employees.

Every MAGE member and state employee should be concerned about this planned, all out assault on public employees. The odds are favoring a Republican Governor. Put this together with the current animosity for public employees harbored by your neighbors and their representatives and you should be very concerned.

Adding to this problem is a group calling itself the Business Leaders of Michigan. They have issued an ultimatum to your representatives…."Cut the pay, benefits and number of state employees or we will spend big to defeat you when the time comes".

We can’t fight this on our own. It’s time all state employees get in the game or get trounced. Spread the word now. Send an email to your representatives telling them how you feel about this…and send a copy to one of your unconcerned peers. Maybe they’ll have the sense to borrow your ideas send one of their own.

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.

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.

MAGE MEMBERS BEWARE!

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 16^th were: Dale Threehouse of Lapeer, re-elected President; Alan Quattrin of Munising was re-elected new as 1^st Vice President; Karilyn Sanders of Lansing was re-elected 2^nd 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:  

SUBJECT:  OPEIU Convention(s) Delegates

NOW THEREFORE BE IT RESOLVED, that a new ARTICLE XIV. OPEIU Convention(s) be added to the Bylaws to read as follows:

The elected delegates and alternates shall be notified.

The actual number of elected delegates sent to any OPEIU convention shall be determined on available funding and with Board approval.

Alternates shall replace Delegates as needed and in the order of their election ranking. Alternate attendance at any OPEIU Convention, if at all, shall depend on available funding.

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.

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.

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:

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.

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 1^st 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.

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 2^nd 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.

SUBJECT: OPEIU Convention(s) Delegates

PRESENTED BY: Constitution & Bylaws Committee

DATE PRESENTED: March 4, 2009

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:

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 111^th 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.

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:

A member or an associate member of MAGE-OPEIU in good standing on the date of award, unless a member loses employment to study on a full-time basis, has retired as a member in good standing, becomes disabled or terminated from employer layoffs and plant closing.

The son, daughter, stepchild or legally adopted child of a MAGE-OPEIU member in good standing or an associate member.

High School senior or High School graduate entering a College, University or a recognized Technical or Vocational Post-Secondary School as a full-time or part-time student.

Presently in a College, University, or a recognized technical or Vocational Post-Secondary school as a full-time or part-time student.

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 31^st 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".

PERKSCARD Reminder

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.

FY 09 PAY PACKAGE

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:

An increase in the maximum quarterly award for the Lottery Sales Incentive Program to $1,500 or $6,000 annually, effective October 1, 2009.

A special 2% wage increase for Financial Institutions Examiners 9-12, Specialists 13-15 and Manager 13-15, effective October 1, 2009.

The renewal of the Professional Development Fund for MSC employees with funding of $150,000.

The OSE also agreed to review, with the input of MAGE, the compensation received by employees in the following classes for the purpose of determining the appropriateness of any future special wage adjustments:

Assistant Resident Unit Supervisor-1

Corrections Shift Supervisor-1

Corrections Shift Supervisor-2

Corrections Shift Supervisor-3

Motor Carrier Sergeant-2

Motor Carrier Lieutenant 14

Psychiatrist Director-1

Psychiatrist Director-2

Psychiatrist Director-3

Psychiatrist Manager-1

Resident Unit Manager-2

The agreement was approved by the Civil Service Commission during their December 10^th meeting.

"We are delighted with the recent appointment of Sharon Bommarito to the Director’s position", said President Threehouse. "She appears genuinely interested in the concerns we have presented thus far. I look forward to the next round of pay discussions", said Threehouse, "even in the face of this dire economy".

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

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.

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.

SUBJECT: OPEIU Convention(s)

(a). Nominations

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)

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 25^th 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".

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 19^th were: Dale Threehouse of Lapeer, re-elected President; Lawrence Chadzynski of Okemos was re-elected 1^st Vice President; Karilyn Sanders of Lansing was re-elected 2^nd 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

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.

MOTION: Made and supported that by the direction of the Credentials Committee the roll of delegates hereby submitted be the official roll of the voting members of the General Council of the Michigan Association of Governmental Employees as of 10 a.m. on May 19, 2007. Motion carried.

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.

MOTION: Made and duly seconded to adopt the General Council rules as printed and distributed in the delegate folders. Motion carried; the rules were adopted as printed.

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 1^st Vice President, Karilyn Sanders for the office of 2^nd 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:

MOTION: Made and seconded to close nominations for the office of MAGE President and elect Dale Threehouse by unanimous ballot. Carried.

MOTION: Made and seconded to close nominations for the office of 1^st Vice President and elect Larry Chadzynski by acclamation. Carried.

MOTION: Made and seconded to close nominations for the office of 2^nd Vice President and elect Karilyn Sanders by acclamation. Carried.

MOTION: Made and supported to close nominations for the office of Secretary-Treasurer and cast a unanimous ballot for Jane Wallin. Motion carried.

RESOLUTIONS: President Dale Threehouse read the resolutions, and the following actions were taken:

MOTION: Made and seconded to amend to include the words " that MAGE negotiate with the State employer" at the beginning of the sentence. Carried.

MOTION: Made, seconded and passed to adopt the resolution as amended (amendment in bold).

NOW THEREFORE BE IT RESOLVED that MAGE negotiate with the State Employer 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.

MOTION: Made and seconded to amend to include the words " that MAGE negotiate with the State employer" at the beginning of the sentence. Carried.

MOTION: Made, seconded and passed to adopt the resolution as amended (amendment in bold).

NOW THEREFORE BE IT RESOLVED that MAGE negotiate with the State Employer that the first four of what dental insurance currently considers back teeth only eligible for amalgam now be eligible for 100% covered composite fillings.

MOTION: Made and seconded to amend to include the words " that MAGE negotiate with the State employer" at the beginning of the sentence. Carried.

MOTION: Made, seconded and passed to adopt the resolution as amended (amendment in bold).

NOW THEREFORE BE IT RESOLVED that MAGE negotiate with the State Employer 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.

MOTION: Made and supported to refer resolution #4; "Election of the MAGE Delegate(s) to the OPEIU convention" to committee for further consideration. Carried.

MOTION: Made and supported to adopt resolution #5; "Amendment to Bylaws Article 1. General Council, Section 2. District Representation – Delegates, subsection (a) and (b), adding (c).

MOTION: Made and supported to add the words "or mail ballot" following the word meeting in subsection (b) (in italics). Amendment passed

MOTION: Made and seconded to adopt the resolution as amended. Carried.

Section 2. District Representation - Delegates

(a) Representation at the General Council shall be based on membership. The number of delegates shall be based on enrollment of dues paying members as reflected on the records of MAGE on the first day of the month of January February preceding the convening of the General Council. etc.

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:

(a) Delegates and alternates are determined by the number of District dues paying members and using the formula as outlined in Article I., Section 2 (a) of these Bylaws.

(b)(a) District Delegates and alternates shall be elected at a District meeting or by mail ballot held prior to March 15 of each year. A report of such election shall be filed with the MAGE office immediately following such election., but in no case later than March 15th. No report of the election results shall be accepted later than March 15.

(c)(b) District Delegates, etc.

Note: New wording appears underlined and in bold type . Wording to be removed appears as strikeout.

MOTION: Made and supported to adopt resolution #6 "Retirement Seminar". Resolution #6 was rejected.

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.

MOTION: Made and supported that by the direction of the Credentials Committee the roll of delegates hereby submitted be the final roll of the voting members of the General Council of the Michigan Association of Governmental Employees as of 2:15 p.m. on May 19, 2007. Motion carried.

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.

MOTION: Made and supported to adjourn at 2:30 p.m. May 19, 2007. Motion carried.

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 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.

1^st 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.

2^nd 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 2^nd 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.

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.

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:

(e) "For contested elections of officers the Nominating Committee shall prepare ballots for the election of officers listing the name of each nominee and one blank line for the write-in of one name for each office to be elected." , AND

BE IT FURTHER RESOLVED, That Section 9. Elections be amended to read as follows:

Section 9. Elections

(a) Election shall be by secret ballot, except that when no more than one nomination for an office is presented to the General Council, election may be by acclamation.

(b) The election of officers shall be supervised by election inspectors appointed by the presiding officer of the General Council.

(c) The elected President and First Vice President shall be elected as the MAGE Delegates to any OPEIU International Convention held during their term of office.

(d) The Second Vice President and the Secretary-Treasurer shall be elected as Alternate Delegates to any OPEIU International Convention held during their term of office.

(e) Whenever a ballot is cast in the General Council for any election, including district elections, a majority of the members voting shall be required to elect. If no candidate receives a majority, a new balloting shall be held immediately thereafter. Any ballot shall be valid if the intent of the voter may be ascertained.

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

(a) Representation at the General Council shall be based on membership. The number of delegates shall be based on enrollment of dues paying members as reflected on the records of MAGE on the first day of the month of January February preceding the convening of the General Council. etc.

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:

(a) Delegates and alternates are determined by the number of District dues paying members and using the formula as outlined in Article I., Section 2 (a) of these Bylaws.

(b)(a) District Delegates and alternates shall be elected at a District meeting held prior to March 15^th of each year. A report of such election shall be filed with the MAGE office immediately following such election., but in no case later than March 15th. No report of the election results shall be accepted later than March 15^th.

(c)(b) District Delegates, etc.

Note: New wording appears underlined and in bold type . Wording to be removed appears as strikeout.

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.

Add to this the state's aging population, the rising cost of health care for citizens and for businesses, reductions in the federal government's commitments to cover services at the state level and an increasing prison population and the result is a state with 32% less revenue than it had thirty years ago but significantly more citizens to serve. This combination of declining revenues and rising costs create a structural deficit that will only worsen in coming years.

A sharp drop in sales tax revenue in the final months of 2006 combined with the elimination of the SBT without a plan for replacement has worsened this already serious budget situation.

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 15^th 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.

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:

A member or an associate member of MAGE-OPEIU in good standing on the date of award, unless a member loses employment to study on a full-time basis, has retired as a member in good standing, becomes disabled or terminated from employer layoffs and plant closing.

The son, daughter, stepchild or legally adopted child of a MAGE-OPEIU member in good standing or an associate member.

High School senior or High School graduate entering a College, University or a recognized Technical or Vocational Post-Secondary School as a full-time or part-time student.

Presently in a College, University, or a recognized technical or Vocational Post-Secondary school as a full-time or part-time student.

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 31^st 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.

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:

A 2 percent across-the-board pay increase effective October 1, 2007, and another 2 percent across-the-board pay increase effective April 6, 2008.

A special 30-cent per hour wage increase for Corrections Shift Supervisors 11, 12, 13, and Corrections Security Inspector 13, effective October 1, 2007.

A special 40-cent per hour wage increase for Assistant Resident Unit Supervisors 11 and Resident Unit Managers 13, effective October 1, 2007.

Renewal of the Professional Development Fund for Managerial, Supervisory and Confidential employees at $150,000, and renewal of the Professional Development Fund for B & A unit employees at $50,000.

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;

[T]he hearing officer cites with approval the following language in Sweet:

When an appointing authority exercises its rights under [Civil Service Commission Rule] 6-4.1, it has an obligation to avoid, where possible, actions which adversely alter an employee’s condition of employment to a substantial degree.

We take exception to this contention. A plain reading of Merit Principle No. 2 suggests that the basic entitlement to fairness, which it establishes, is the right to have an employment decision based upon legitimate business reasons. In short, an appointing authority need only have a rational basis for employment decisions, which are within its exclusive management sphere of authority. This standard is applicable to a management rights decision, such as reassignment, even if an employee’s conditions of employment are adversely altered by the decision. To the extent that Sweet is read to impose a more stringent burden on the Department of Corrections in exercising its management rights for non-exclusively represented employees, Sweet is expressly overruled.

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:

b. Supervisors and Managers. A supervisor or manager who witnesses a subordinate employee engaged in discriminatory harassment of another person is obligated to report the behavior and to take prompt and appropriate remedial action.

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…

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:

"This rule is designed to assure legal representation as a condition of employment, permit the Attorney General to continue his policy and in case he refused to represent an employee require the Department to furnish legal services if the employee had reasonable belief he was acting within the scope of his authority when the alleged negligent act occurred.

It is also based on the premise that misdeeds, if they occur in this respect, should be dealt with by disciplinary action in the work place and not be an impending threat the employee would be left alone to defend himself and encumber his own resources…"

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.