9/3/08 Labor Management

Present: 

Robert
Cutting, Laurel Donnelly, Ernie Wessell, John Cunningham, Gina Sousa

James
Bender, Karen Hetherson, Carol Mici, Jeff Bolger, Ron Duval, Harold Clarke

1. MCI CJ/ MCI C change to
   mission:  The Union would like an update.  Staff at MCI C is
   in an uproar because they came away from your meeting with them thinking
   that they would be laid off or transferred to MCI CJ.  Harold Clarke
   stated that he thought MCI C staff were very positive about the
   change.  He stated that he did say that they should prepare to
   transfer to MCI CJ but that he was joking with them and told them after he
   said that, that he was just joking.  Bob Cutting asked if  the
   plan was to have the change done by January 1^st.  Harold
   Clarke stated that it will be done as soon as they can but it will not be
   completed by January 1^st .  He stated that he has
   discussed the plan with his supervisors but has not yet given them a
   written plan.  The plan will require some changes to MCI CJ. 
   There will have to be modifications to accommodate everything from medical
   spaces to a space for the permanent workforce.  They are still trying
   to estimate the costs.  Bob Cutting asked what they anticipated the
   count would be at MCI Concord.  Carol Mici stated it would depend on
   what bed space needs are.  James Bender stated that the configuration
   hasn't been determined yet.  Bob Cutting stated that he is assuming
   that if at some point it was determined that there would need to be a
   reduction in staff, that it would be done through  attrition. 
   Harold Clarke stated that he could not say for sure that it would be done
   by attrition.  They would have to look into it.

1. MGT report/ PDCU Project: 
   Bob Cutting asked for a copy of the MGT report.  Harold Clarke stated
   that he will make copies available but not until the Secretary has had the
   chance to look at it.  The Secretary will get the report sometime
   around the 19^th of September.

1. Transfer Posting MOU: 
   The union is ready to resign and continue the MOU but we would like to
   make note that we believe that the DOC should be more lenient about
   allowing a person who has recently transferred the opportunity to transfer
   again without having to wait 12 months.  Ron Duval stated that "we
   always try to meeting you in the middle" and if we have been rigid in some
   instances, we will look at it but he wanted the Union to understand that
   this could be abused.  Bob Cutting stated that he did not feel it was
   abuse but rather, some of the work areas are not palatable to our
   members.  When you see everyone bailing out of a certain place,
   something is wrong.  Ron Duval stated that he thinks it has gotten
   better and "hopefully we have addressed those issues."  He further
   stated that he was sure something could be worked out.

1. Swap Agreement: 
   Bob Cutting stated that we are ready to sign but our request is that you
   become more flexible with the number of swaps.  Ron Duval stated that
   they have made mistakes with the swap agreement of another bargaining unit
   and they don't want to make the same mistake here.  He said he will
   sit down with Jeff Bolger and go over the agreement with the
   Commissioner.  Harold Clarke asked if the union could share the
   intent of swaps.  Bob Cutting stated that it is very hard to get time
   off at PCC and SMCC so the swap agreement gives options.  Within the
   pay period we are only allowed 1 swap and the 2^nd is only
   allowed in extraordinary circumstances.  If the swap agreement were
   more liberal, we believe that we could further reduce sick time.  We
   have kept our side of the bargain and we shouldn't be compared to another
   bargaining unit.  Duval brought up the idea of rotating days off and
   stated that perhaps this is something the union might want to
   consider.  Harold Clarke stated that he had heard that someone had
   managed to get 90 days off through the swap agreement..  Bob Cutting
   reminded him that this was not done by anyone in our union.

1. CRPU plans for the future: 
   is disbanding the CRPU is something that is still on the table based on
   the recommendations of MGT?  Carol Mici stated that the duties will
   be status quo.  Compas will replace the CRPU function.  There is
   still a need for CRPU but instead of using the current CRPU screens,
   people will use the Compas screens.  There is a criminal component to
   Compas that CRPU can still do.  We will need to look at where we are
   going with Compas.  Right now it is being tested at PCC.  The
   union stated that the structuring of CRPU was part of an agreement the
   union entered into when facilities closed and it won't be east for us to
   just let that go.

1. Alternative Work
   Schedules:  What is the status of the union's request?  Ron
   Duval stated that Peter Pepe chaired a committee on AWS and the
   recommendations of that committee will be sent to the Commissioner and
   James Bender.  Once that's done and they have been reviewed, we will
   be better able to say where we are going.  Bob Cutting asked if he
   could see the committee's report.  Duval stated no, not at this
   time.  He further stated that he had asked Supts. not to change
   anything that they have been doing and reiterated that there needs to be
   consistency.  Laurel Donnelly stated that perhaps this directive has
   been misinterpreted at MCI S because staff are reporting to her that they
   have been told that everything is on hold.

1. Step 2 grievance hearings: 
   Bob Cutting stated that at this point, we would like the Department to not
   have Step 2 hearings.  There is no point to Step 2 hearings because
   no serious consideration seems to be given to our grievances, they are
   just a rubber stamp for the administration.  It is a joke.  In
   10 years there have been no violations to the collective bargaining
   agreement?  It's not possible.  Harold Clarke said to Bob
   Cutting, "so what you are saying is that we just rubber stamp Step 2
   hearings?"  Bob Cutting's response was "definitely."  Harold
   Clarke asked for examples.  Bob Cutting mentioned a grievance
   regarding assignments based on seniority that was denied for being 1 day
   late.  He also mentioned language in Article 14 regarding ability to
   do the job being twisted to the best person for the job (not what the
   contract says) and that grievance also being denied.  He stated that
   he will put together several examples and forward them.  Bob Cutting
   and Ernie Wessell stated that it has become apparent to them that the decision
   is made before the grievant ever gets to make his case and Step 2 doesn't
   matter.  The only way to get any satisfaction is to go outside the
   agency.  Ron Duval was adamant that his office has never told Labor
   Relations how to decide Step 2.  Harold Clarke reiterated that he
   would like examples and that it is not in his interest to have hearings
   decided before they take place.  We don't want this to be a rubber
   stamp so work with us and give us the info.  Ron Duval stated that if
   the Division Head makes a bad decision, we should not be looking for ways
   to cover up that decision.  We'll work on that.  Bob Cutting
   stated that he is encouraged by willingness to hear us out and he will get
   the info.

1. Program Coordinators: 
   The union would like to table this issue temporarily.  Cutting stated
   that we think that this title is being implemented in such a way as to
   circumvent CPOs because we have transfer rights and Program Coordinators
   do not.  Ron Duval has stated that management has been very up front
   regarding using program coordinators and stated that "if we can't find
   people from your ranks that want to do it, we have to look elsewhere."

1. Reentry:  Laurel
   Donnelly stated that in the new reentry screens there is a medical
   screen.  There had been talk about who would be putting info there
   and it was decided that it would not be CPOs.  CPOs are not privy to
   inmate medical issues.  Yet CPOs at OCCC have been directed to put
   medical info into the reentry screens.  Carol Mici stated that she
   will look into it.  Laurel Donnelly also stated that the release
   address tab that records uses does not populate on the reentry screens and
   that there are issues with the RRC report.  Carol Mici will look into
   these issues.

1. Parole:  Laurel
   Donnelly stated that she was troubled by the fact that we sat here 3
   months ago and the Commissioner suggested that someone from the union be
   involved with meetings between the DOC and Parole.  She stated that
   her understanding was that there had been a meeting and the union was not
   invited and we can't get info.  CPOs continue to be frustrated with
   parole duties.  The agreement isn't being held to and we are still
   getting the short end of the stick.  She further stated that she has
   never been able to see this agreement and she would like to see it. 
   Harold Clarke stated that management had said that they wanted a union rep
   present at the meetings but Parole is currently in a state of flux and
   Parole has accepted that there is an issue and they have decided they were
   going to bring in  staff so we (mgmt) felt there was no need to have
   further meetings.  Parole didn't argue.  They accepted that
   there were issues.  Laurel Donnelly stated that the staff that Parole
   was talking about was clerical staff and that they wouldn't help get
   inmates with parole votes into programs.  Bender stated that they
   would do the copying and other clerical duties so that Parole staff would
   be freed up.  John Cunningham stated that the DOC needed to engage
   Probation.  Harold Clarke stated that they are trying to set up
   meetings with Probation.  Veronica Madden has been in contact with
   Probation as recently as yesterday.

1. Classification issues -
   modifications made after board is held:  Ernie Wessell stated
   that SBCC is getting board with odd review dates.  IMS is randomly
   assigning classification dates that are less than 1 yr away.  He
   stated that they are looking at all these boards and much of this work was
   supposed to be alleviated when 1 yr boards were implemented.  He
   asked if IMS was going to be adjusted.  Carol Mici stated that she
   knows this is happening because she does audits.  Tech services has
   been actively working  on it.  When it is fixed, CPOs will be
   brought in to train.  Ernie Wessell also discussed the integrity of
   the boards.  He stated the facilities are repeatedly getting requests
   6 or 7 months after the board has been held to change the PBS  prior
   to the board being signed because sometime between the time the board was
   held and central looked at it, something in the inmate's history has
   changed which changes the PBS.  But at the time of the board, the PBS
   was correct.  Wessell stated that he finds he is changing the work of
   other CPOs from other facilities.  Carol Mici stated that signing
   boards is a priority and that Central lost a signer and had to train that
   person's replacement and acknowledges that there have been times when
   boards aren't sign in time.  And there are times when the signer
   notices a disciplinary report received after the hearing and before they
   sign, they inquire about it.  But this should be done in a timely
   manner.  Ernie Wessell stated that he would discuss specifics with
   Mici after the meeting.

1. CPO vacancies and plans
   to fill them:  Karen Hetherson stated that there are 36
   applications in process.  11 are scheduled for pre-screening. 
   Within 3 weeks the DOC should have definite numbers.  As many as pass
   the pre-screening, the DOC will hire.  The academy is scheduled for
   October 6^th.  Bob Cutting inquired about whether are civil
   service test would be scheduled.  Karen Hetherson stated that the test
   will be scheduled after the hiring process is complete.

1. Sex Offender CPO: 
   Bob Cutting stated that the promotion flies in the face of what the union
   had agreed to.  He stated that we come to you and sign MOUs and then
   something like this comes up.  That unit was never in any
   agreement.  We don't intend to just let you expand the agreement we
   made.  Ron Duval stated that punishing that individual is not what
   needs to be done.  He took responsibility for the promotion and
   stated "I'm at your mercy."  Bob Cutting stated that wherever the
   vacancy was for that CPOC position, that  is where that CPO should
   go.  Ron Duval stated that he would take that under advisement.

14.  NCCI CPO position: 
Bob Cutting stated that management agreed that the next CPO A/B position toopen
up at NCCI would go to Fran Bedard.  Karen Hetherson stated that "we agree
to disagree on that."  Bob Cutting then read from December 2007 Labor Mgmt
minutes which noted:  "Regarding the second transfer, a CPO at NCCI
declined MCI S and this meant the CPO at MCI C could not transfer to
NCCI.  Bob Cutting requested that the lists from the postings be frozen
and next time a position becomes available that they go by the frozen
lists.  Karen Hetherson stated that she was comfortable with that and Jeff
Bolger stated it would not affect anything and could be an exception to the
MOU."  Karen Hetherson then stated that she hadn't filled anything yet and
that nothing will be filled until we get numbers for the next academy.

1.  Name Change: 
   Bob Cutting asked if there was any truth to the rumor that CPOs name was
   being changed to caseworker.  No.  Carol Mici stated that there
   is going to be case management training and maybe someone got confused/
   misunderstood.

Ron Duval stated that he wanted to set up a meeting to
discuss the additional beds at SBCC and the 50 additional beds at MCI S minimum
and OCCC min.