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459 Update Local 459 of the Office and Professional Employees International Union, AFL-CIO In This Issue Page 2 Contracts Settled Page 3 Audit of 2015 Page 4 From the President’s Desk Page 5 Executive Board Action Page 6 Grievances Settled Page 10 Stewards Spotlight Page 11 Roses Arbitration Page 12 Trip to Idlewild Music Festival Phone: (517) 887-8844 or (800) 833-1103 E-mail Address: [email protected] Website: www.local459.org April - June 2016 Mental Health Gouging Avoided, For Now Community Mental Health (CMH) agencies provide care for adults with mental illnesses, developmental disabilities and/or substance abuse issues. Many of these individuals struggle with homelessness, poverty and difficulty navigating their lives. The vast majority of CMH funding comes from Medicaid. In early 2016, Governor Rick Snyder released his proposed budget starting on October 1, 2016. It included language that would turn over the CMH Medicaid funding to for profit HMO insurance companies. CMHs would continue to serve their clientele, but would have to do it with millions of dollars less. It was estimated that the HMOs would take approximately an additional ten percent (10%) for “administration costs” of the Medicaid revenue that CMHs are currently receiving. A cut of this magnitude would take $300 million from treatment for CMH consumers leading to less or no services for many. Many consumers, family members and advocates also saw this move as the first step towards completely privatizing CMH services and turning them over to the HMOs. At the Community Mental Health Authority of Clinton Eaton and Ingham counties (CMHA- CEI), Local 459 member Stacie Earley decided that just standing by to see what would happen wasn’t good enough. Earley created a Facebook page titled “Refuse Snyder’s Mental Health Gouging.” Less than twenty-four (24) hours after creation, the Facebook group grew to 364 members. Currently, the Facebook group has 619 members. She also organized a letter-writing event on February 23 rd . Local 459 members Carol St. Pierre, Greg Womack, Frank Taylor, Tim Held, Kelli Quinn, Nathan Wood, Anita Gamble, Tim Teed, James Wilson, Bernadette Deobler, Heather McClelland, Michele Love, Mike Herdusand President Sharon Taylor participated in the meeting. Earley assisted in getting the word out to Local 459 members, community members, and other interested parties. Other letter writing opportunities were organized and over 160 letters were sent to legislators. Local 459 joined in the Michigan State AFL-CIO’s lobbying efforts. Other Unions wrote letter and phoned their representatives. Several news organizations wrote articles to inform the public of the Mental Health budget concerns. Some of these articles were informative, some were misleading, but Earley posted these on the Facebook page with comments and clarifications to keep the members informed. The Michigan Association of Community Mental Health Boards spoke out on this issue also. Bob Sheehan the former CEI CMH Director and the new MACMHB CEO was a loud and effective advocate. As a result of all of this information being spread and advocacy on the part of vulnerable mental health clients that occurred in many parts of the state, Lt. Governor Brian Calley formed a workgroup to draft a proposal to replace the language turning Medicaid over to the HMOs. The State House and Senate’s proposed budget adopted this approach. Their budget states the workgroup will study the issue over fiscal year 2017 with no immediate changes. Although this was a major step in the right direction, advocates continue to be on alert. They realize the budget has not been finalized yet.
Transcript
Page 1: April - June 2016 Mental Health Gouging Avoided, For Now ...April - June 2016 Mental Health Gouging Avoided, For Now Community Mental Health (CMH) agencies provide care for adults

459 UpdateLocal 459 of the Office and Professional Employees International Union, AFL-CIO

In This Issue

Page 2 Contracts

Settled

Page 3 Audit of 2015

Page 4 From the

President’s Desk

Page 5 Executive

Board Action

Page 6 Grievances

Settled

Page 10 Stewards Spotlight

Page 11 Roses

Arbitration

Page 12 Trip to Idlewild

Music Festival

Phone: (517) 887-8844 or

(800) 833-1103

E-mail Address: [email protected]

Website: www.local459.org

April - June 2016

Mental Health Gouging Avoided, For NowCommunity Mental Health (CMH) agencies provide care for adults with mental illnesses, developmental disabilities and/or substance abuse issues. Many of these individuals struggle with homelessness, poverty and difficulty navigating their lives. The vast majority of CMH funding comes from Medicaid.

In early 2016, Governor Rick Snyder released his proposed budget starting on October 1, 2016. It included language that would turn over the CMH Medicaid funding to for profit HMO insurance companies. CMHs would continue to serve their clientele, but would have to do it with millions of dollars less. It was estimated that the HMOs would take approximately an additional ten percent (10%) for “administration costs” of the Medicaid revenue that CMHs are currently receiving. A cut of this magnitude would take $300 million from treatment for CMH consumers leading to less or no services for many. Many consumers, family members and advocates also saw this move as the first step towards completely privatizing CMH services and turning them over to the HMOs.

At the Community Mental Health Authority of Clinton Eaton and Ingham counties (CMHA-CEI), Local 459 member Stacie Earley decided that just standing by to see what would happen wasn’t good enough. Earley created a Facebook page titled “Refuse Snyder’s Mental Health Gouging.” Less than twenty-four (24) hours after creation, the Facebook group grew to 364 members. Currently, the Facebook group has 619 members. She also organized a letter-writing event on February 23rd. Local 459 members Carol St. Pierre, Greg Womack, Frank Taylor, Tim Held, Kelli Quinn, Nathan Wood, Anita Gamble, Tim Teed, James Wilson, Bernadette Deobler, Heather McClelland, Michele Love, Mike Herdusand President Sharon Taylor participated in the meeting. Earley assisted in getting the word out to Local 459 members, community members, and other interested parties. Other letter writing opportunities were organized and over 160 letters were sent to legislators. Local 459 joined in the Michigan State AFL-CIO’s lobbying efforts. Other Unions wrote letter and phoned their representatives. Several news organizations wrote articles to inform the public of the Mental Health budget concerns. Some of these articles were informative, some were misleading, but Earley posted these on the Facebook page with comments and clarifications to keep the members informed.

The Michigan Association of Community Mental Health Boards spoke out on this issue also. Bob Sheehan the former CEI CMH Director and the new MACMHB CEO was a loud and effective advocate.

As a result of all of this information being spread and advocacy on the part of vulnerable mental health clients that occurred in many parts of the state, Lt. Governor Brian Calley formed a workgroup to draft a proposal to replace the language turning Medicaid over to the HMOs. The State House and Senate’s proposed budget adopted this approach. Their budget states the workgroup will study the issue over fiscal year 2017 with no immediate changes.

Although this was a major step in the right direction, advocates continue to be on alert. They realize the budget has not been finalized yet.

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The members at Centra Wellness (formerly Manistee-Benzie Community Mental Health) recently ratified a new one (1) year contract by a vote of seven (7) to one (1). The new contract includes a $0.35 increase to the

base pay for those at the top of the step scale and a 2% general wage increase for all other members. The new agreement also gives a $1,000 bonus for the six (6) members who have twenty-five (25) or more years of service. In exchange, the employees agreed to an increase in health care co-premiums from 10% to 15% starting this October.

The contract was negotiated by Stewards Mark Anderson and Denise Holmquist. They were assisted by Service Representative Lance A. Rhines.

We have four (4) members who work at the Michigan Association of United Ways. They unanimously approved a new two (2) year contract. It gives employees a two percent

(2%) raise each year and does not shift any additional health care cost to employees.

Local 459 has two (2) bargaining units at the city of Muskegon Heights. One is for supervisors and one is for technical employees. Both have only two (2) members. They recently agreed to new contracts that runs for three (3) years. There is a two

percent (2%) raise each year and the cap on longevity is lifted. The new agreement continues the current health care with no changes.

The three (3) Local 459 members who work at the Michigan State AFL-CIO Human Resources Development Inc.(Michigan HRDI)

agreed to a new one (1) year contract. Wages were increased by $1,000 per year and there is a one percent (1%) increase in the Health Reimbursement Account contribution. There were no concessions. Michigan HRDI provides employment and training services to the unemployed.

Local 459 is a large local but it has bargaining units that range in size. We have not settled any contracts for large bargaining units lately. Their negotiations seem to be tied up by employers trying to extract concessions. But a few smaller bargaining units have successfully negotiated new agreements.

Bargaining can often be tough for small groups. At the bargaining units above our members all benefited from employers who try and work with their employees and their Union. (See page 11 for a “Rose” to Centra Wellness Executive Director Chip Johnston.)

459 Update2

459 Updateis newsletter published by Local 459 of the Office and Professional Employees International Union, 838 Louisa Street, Suite A, Lansing,

Michigan 48911-0214. (517) 887-8844 or (800) 833-1103. Bulk rate U.S. postage paid in Lansing, Michigan. Permit #75.

Local 459• On the Web: www.local459.orgPresident ...................................................................Sharon TaylorVice President ..........................................................Neal WilenskyLayout Editor ........................................................Melissa Cogswell

ContributorsJeffrey Fleming

Joseph Marutiak • Lance Rhines Pat Smith • Charles Terry

Laura Sandberg • Julie Murray

Reproduction of any or all material herein is permitted and encouraged in the interest of worker’s education.

Contracts Settled

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Apr - Jun 2016 3

Each year Local 459 hires Certified Public Accountants to review our books. The review for 2015 was recently completed and submitted to the Local 459 Executive Board. Below are excerpts from the review.

Local 459 - Audit of 2015

3511 Coolidge RoadSuite 100

East Lansing, MI 48823

March 23, 2016STATEMENT OF SUPPORT, REVENUES, AND EXPENSES- CASH BASIS

Year Ended December 31, 2015

Opinion

In our opinion, the financial statements referred to above present fairly, in all material respects, the assets, liabilities, and net assets - cash basis of the OPEIU, Local #459 as of December 31, 2015, and its support, revenue, and expenses - cash basis for the year then ended in accordance with the cash basis of accounting as described in Note B.

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From the President’s Desk

459 Update4

By Sharon Taylor, Local 459 President

Michigan Needs to End One Party Rule

The State of Michigan has been under the rule of one political party for the past six years. One party runs both houses of the legislature, the Supreme Court and the governor’s office. This has resulted in nothing being done for that entire time to help Michigan working men and women

Instead of two parties working together to benefit the people of the state what has happened is one side sets and implements their agenda without input from the other side. The biggest example of this is the Emergency Manager Law that the voters of Michigan rejected and the Governor and Legislature enacted against the will of the voters.

We’ve all seen how this goes. It is not working. It disenfranchises working families and the poor. The worst example of this currently is in Flint where the Emergency Manager took all power away from elected officials. With elected officials having no power there was no one to look out for the people of Flint. The Emergency Manager decided he knew what was best and made a decision based solely on what he saw as saving money. One doesn’t have to look hard to find news stories about this disaster. It’s all over the national news on an almost daily basis. The people of Flint can no longer drink or bath in the water coming out of their taps. Children have been poisoned by lead and this will likely affect them for the rest of their lives. The negative impacts of lead poisoning have been scientifically documented for decades.

The Detroit Public Schools are another example of one part rule and again show that Emergency Managers don’t necessarily solve any problems. Governor Snyder thought that the Flint Emergency Manager did such a good job in Flint that he appointed him to rule the Detroit Public Schools. Again it is the working people and the poor who are paying the price for this one party rule. The deficit for the school system got worse under the Emergency Manager.

Governor Snyder and his cronies are running Michigan back into the ground at a time when we thought recovery would be right around the corner. They pushed through Right to Work for less on promises of more jobs. Unfortunately the only jobs that have materialized don’t pay enough to raise a family and make a living. The middle class is disappearing because of these failed one party laws.

The problem with one party rule is that all of these people are safely ensconced in their offices by gerrymandered seats. The result is a divided government and that works for no one. One party government does not have to respond to the people. This is only part of the reason for the huge anti-government, anti-establishment backlash that we are currently seeing in the primaries. Voters are sick and tired of elected leaders who only want to keep their jobs, not actually do anything to make life better for the average working person. For the last two (2) election cycles the majority of Michigan voters preferred a Democratic legislature. Only because of gerrymandering did the Republicans keep control of the House.

According to a study by the Centers for Public Integrity and Global Integrity, two nonprofit organizations that promote government transparency and ethics, Michigan ranks last in the nation on integrity. What you see across the board is just a lack of some of those accountability and transparency laws and practices that some states have enacted,” Nicholas Kusnetz, the project director, told the Free Press.

It is time that we put some balance back into state government in Michigan. We need to elect leaders who will work together for the people of Michigan. Leaders who will put Michigan residents first. Leaders whose primary goal is to improve the lives of ALL of the people of Michigan, not just themselves and their friends. It’s time that we elect people who will actually lead.

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Executive Board Action

Apr - Jun 2016 5

The Local 459 Executive Board is made up of members elected by the membership. The Board meets at least monthly. It is at these meetings that many of the decisions regarding Local 459 members are presented, discussed, and decided.

Executive Board decisions made during the period of February 2016 to April 2016 of possible interest to the membership are outlined below. Decisions which have been discussed elsewhere in this newsletter are not included.

ARBITRATIONS

Arbitration is the final step in the grievance process. The vast majority of grievances are settled prior to reaching arbitration. Both the Union and management present their case before a neutral arbitrator who makes a binding decision based on the merits of the case. Arbitration is an expensive and time consuming procedure. Local 459 has limited funds and cannot afford to arbitrate every grievance. Therefore, all unresolved grievances are presented to the Executive Board for review.

One (1) grievances was presented to the Executive Board. It was approved for arbitration.

Hope Network – Serious Discipline with Suspension

BUSINESS

The Executive Board approved the 2015 audit and IRS form 990.

The Executive Board approved the 2015 Good & Welfare report.

The Executive Board appointed Stewards and Alternates at Child and Family Charities, CEI-CMHA, LAFCU, and MGL where only one (1) member expressed an interest in the position.

The Executive Board appointed the following Chief Stewards based on the President’s recommendation after

consultation with the Stewards – CEI-CMHA Large Unit – Laura Sandberg, CEI-CMHA Residential Unit – Greg Womack, Hope Network – April Brown & Tiffany Edwards, MGL POST – Lois Davis-Thomas, MGL RN – Julie Murray, MGL Technical – Pat Smith, NEM CMH Paraprofessional – Candy Cole, Red Cross Collections – Kelly Brust, Red Cross LCD – Cindy Dine’, St. John Oakland Hospital – Natasha Ross, St. Vincent Catholic Charities – Brandon Tilson, Touchpoint Macomb – Blenda Coward, and Touchpoint Oakland – Louversa Fair.

APPEAL PROCESS

The Local 459 Constitution allows the membership to modify or overturn any action of the Executive Board but any such decision must be done at a membership meeting in which a quorum is present and which is held or properly requested within one (1) calendar month of the Executive Board action.

A special membership meeting may be called upon a request submitted to the President by not less than three percent (3%) of the members in good standing. Currently, there are 2,709 members so a petition would require approximately eighty-one (81) signatures. Petitions are available from the Local 459 office.

For reviewing a decision to arbitrate or not to arbitrate a grievance, a special meeting may also be called by three quarters of the members in the bargaining unit in which the grievance arose. For some bargaining units this is less than three percent (3%) of all Local 459 members in good standing

The regular meetings of the Executive Board are held the second Tuesday of each month. Draft minutes of the meeting are available no later than two (2) weeks following the meeting.

Please see the Constitution for specific details.  Copies of the Constitution are available from the Local 459 office and on the Local 459 website.

QUESTIONS? If there are any questions or concerns about these decisions, please feel free to contact President Sharon Taylor by phone at 887-8844 (Greater Lansing area) or (800)-833-1103 (outside Greater Lansing) or by email at [email protected] .

Labor Day is celebrated the first Monday in September every year. We most often think of Labor Day as a long weekend that signifies the end of summer. It should be a time to reflect on the rich history of the labor movement going back to the early 1890s. It is a day set aside to honor the workers of America and their struggles to improve working conditions. Labor Day should stand to remind us of the relevancy the labor movement has today. The constant undermining of the middle class and the social and economic effects these attacks have on all of us is meaningful and needs to be recognized.

Local 459 is offering its members a chance to come together and participate in the annual Bridge walk over the Mackinac Bridge on Labor Day. We can walk together and show our solidarity as we remember those who fought the bloody battles so we can enjoy the many benefits we enjoy as Union members.

If you would like to participate, contact Julie Murray at [email protected] for the details.

Labor Day Bridge Walk

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Grievances Settled

459 Update6

The members, stewards and staff of Local 459 settle many grievances each quarter. There is insufficient space to publish all of them. Grievances which are unique or affect a large number of members are more likely to be published. If you would like to publicize a grievance you have settled, contact your Service Representative.

Child and Family CharitiesCan’t be Insubordinate Without an

Order to Disobey

Mariah Kapp has been a Direct Care Worker and Medical Liaison at the Child and Family Charities Angel House program for almost three (3) years. On December 8th an evening employee called in for their shift. The on-call person and the supervisor were notified of the call-in. The contract says management is allowed to require employees to stay on shift if they cannot find an employee to fill in voluntarily. Following the end of Kapp’s shift that day, she left. She received a verbal warning for leaving her shift when management planned to mandate her to stay. The discipline stated that Kapp had left the building without confirming that the call-in shift was covered. It also stated that by leaving the shift, she was “refusing” the mandation.

Chief Steward Laura Sandberg filed a grievance on her behalf. During the grievance meeting, Kapp and Sandberg argued that management had not informed Kapp of the need to stay on shift. Management countered with the fact that she had worked in the

program for almost three (3) years and should have known that she would be the person to be held over. Kapp then stated that she would never knowingly refuse a mandation and that she did not refuse. Sandberg also reiterated the role of management is to make those decisions and clearly communicate to employees which was not done in this situation. Management agreed to remove the verbal warning discipline from Kapp’s file and replace it with a counseling memo directing her to check in with management prior to leaving in such future situations.

American Red CrossShort Staffing Around the State

The expired contract between Local 459 and the American Red Cross (ARC) Blood Services division provided for adequate staffing at all blood drives. The goal of the blood drive is the determining factor as to how many staff are necessary. Even though the contract has long since expired, this staffing pattern is still in effect as part of the legally enforceable working conditions.

The Local 459 stewards are diligent about filing a grievance whenever a drive is not staffed adequately. It can take some time for the grievances to be processed but eventually the Red Cross has to pay the employees who were short staffed.

Back in December there was a Petoskey area blood drive that was short staffed. A grievance was filed by Petoskey Steward Brianna Riethmeier. The grievance was

recently granted and the following members split a total of $143; Luke McCarry, Kathleen Poirot and Hannah Streufert.

There were a couple of Lansing area blood drive recently that were short staffed. Grievance were filed by Lansing Steward Penny Jugovich. The following members split $226; Becky Durham, Char Fountaine and Amber Holton.

Since the last newsletter we have settled eleven (11) grievances regarding short staffing in the Kalamazoo area filed by Chief Steward Kelly Brust. A total of $1,443 was split among these employees; Yvonne Ackley, Mike Allen, Heather Batt, Megan Brown, Carla Bunn, Melissa Drane, Shawn Drayton, Cassandra Graszler, Ruth Hathaway, Amy Holysz, Kelli Hopper, Eric Kendziorski, Paula Major, Kendra McAbee, Kathleen Nisbet, Melody Sprowl, Kari Sternberg, Teresa Thomas and Salena Williams.

MGL POSTMisinformed at Rehire

In 2015 Rene Garrett was rehired as a Nursing Assistant I at McLaren Greater Lansing. She had previously worked at the hospital as a Nursing Assistant II which is a higher pay grade. Garrett inquired about the Nursing Assistant II classification when she was rehired. She was told by management that the hospital no longer offered that position. She would have to stay at a Nursing Assistant I pay grade.

Garrett contacted Steward Wendy Yaney and a grievance was initiated. Yaney argued that there was language in the contract for career ladders specifically that “NA I’s who become qualified shall automatically move to the NAII pay grade.”

(Continued on page 7)

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Grievances Settled

Apr - Jun 2016 7

(Continued on page 8)

The grievance was granted and Garrett was moved up to the higher rate of pay. She also received back wages in the amount of $459.

MGL POST Department Applicants are Given

Preference

Miziam Regal is a part-time Sterile Processing Tech. at MGL. She applied for a full-time position in the same classification. At MGL there are two (2) locations in which Sterile Processing is housed. One is on the Greenlawn Campus and the other is on the Pennsylvania campus. The two (2) locations are considered separate departments for purposes of job bids, which go by department applicants first. Regal works on the Pennsylvania campus. She was the highest senior applicant in her department to apply for the position. Another higher senior applicant applied from the other department on Greenlawn campus. Management awarded to job to the senior applicant from the Greenlawn campus, which is in direct conflict with the contract language.

Regal contacted POST Steward Margaret Johnson and a grievance was initiated. The grievance was turned down by the department managers. Johnson appealed to Human Resources who clearly understood there was a contract violation. The grievance was granted and Regal received her full-time position.

Touchpoint OaklandPayroll Error Causes Bank Fees

Claude Jackson is a cook in dietary at Touchpoint at Oakland Hospital. Jackson was shorted almost half of his check in a recent pay. Jackson quickly reported it to management. Management acknowledged their error and assured Jackson that they would cut him a check the next day however it took almost three (3) days before he received the balance of the pay owed to him. This caused undue hardship for Jackson and his family and it caused him to accrue late fees and overdrawn checking fees. Their contract states “error shall be corrected as soon as possible but no later than two (2) working days …” Jackson finally got the remaining balance of his check owed to him at the end of second (2nd) day after the banks had closed.

Jackson contacted Chief Steward Louversa Fair who filed a grievance on his behalf for the fees Jackson had received. The grievance was granted and Jackson was paid for any and all fees that he had acquired.

Touchpoint OaklandHoliday Shift Not Offered

Debra Lowe works for Environmental Service (EVS) at Touchpoint at Oakland Hospital. On a recent holiday there was an extra shift available that was giving to someone less senior than Lowe. According to the contract the shift should have been offered by

seniority and Lowe was next in line to be offered the shift.

Lowe contacted Chief Steward Louversa Fair who filed a grievance on her behalf. The grievance was granted at the third (3rd) step and Lowe was paid eight (8) hours holiday pay.

Touchpoint OaklandWrong Seniority Date Used

Environmental Service at Touchpoint at Oakland Hospital changed hours of some of the job assignments to a later starting time and the staff that was impacted had to bid on job assignments. They should have been awarded by seniority, however there was a discrepancy about which seniority date to use. Management had taken the position that if you transferred from another Saint John’s facility (the former employer before Touchpoint was given the subcontract) your seniority from that employer counted. However the contract language does not allow a transferring person’s seniority to be used for job bidding. This caused the job assignments to be awarded out of order.

A class action grievance was filed by Chief Steward Louversa Fair and the grievance was granted at the third (3rd) step job bids were corrected and awarded by the correct seniority dates.

Touchpoint MacombEVS Extra Hours Not Offered

Traci Dearmond works in Environmental service (EVS)Touchpoint at Macomb Hospital. Dearmond was not offered extra hours for three (3) different days. Dearmond was next in line by her seniority and she was not called.

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459 Update8

actually on a PTO day but agreed to rescind it to come in. When she got her check she had been paid at her regular rate. Keller was told by payroll that because she did not meet her budgeted hours, they could not pay her at the mandation rate. They told her she could use PTO for that day and then get mandation. Nothing in the contract says an employee must meet their budgeted hours before they will pay the mandation pay. She contacted Chief Steward Julie Murray who investigated with the manager to find out why she had not been compensated correctly. The manager agreed to “honor” it because but only because they had told her she would get the mandation pay.

In another situation Autumn Greco in March– an MGL 6 South RN - did not volunteer to work, but was mandated to work. In that pay period she had called in sick a day. Payroll told her they would not pay her the mandation pay because she had not met her budgeted hours. After Murray investigating with her manager, she explained it was not denied because she had called in but rather because she had not been scheduled her budgeted hours. There was no explanation for why that had occurred. Scheduling did not catch it when they finalized the schedule so they were going to deny the mandation pay. Murray advocated on her behalf because the contract says when you are mandated to work you will receive mandation pay. Management did not deny she was mandated and they did agree to pay her.

MGL RNPay For Time in ACLS Class

Dawn Butcher works in the OR at MGL Penn Campus where the nurses are not required to be ACLS certified. She felt it was important to obtain this certification because they are often on call and in situations where it would

Dearmond contacted Chief Steward Blenda Coward who filed two grievance on her behalf. Both grievance were settled with Dearmond being paid for two (2) days and offered eight (8) hours of the next extra hour’s available opportunity.

Touchpoint MacombDietary Extra Hours Not Offered

When she heard that the dietary department at Touchpoint at Macomb Hospital was not following seniority when offering extra hours, Chief Steward Blenda Coward filed multiple grievances on behalf of several staff members:

All of the grievances were granted and Dominique Steward, Michael Mitchell, Defhon Harris and Bryan Gayden each received eight (8) hours pay for each grievance.

MGL RNMandation Pay and Budgeted

Hours

When the hospital is having a staffing crisis, it not uncommon for McLaren Greater Lansing to offer nurses the mandation pay rate to come in. That means they get paid double time if they agree to help out. In a couple of recent cases, MGL tried to deny the pay because the employee had not worked their budgeted hours.

In February, Heather Keller – a Float RN - got such a call from the scheduling office. They agreed to pay her at the premium rate so she came in and worked. She was

be important to have an ACLS certified nurse. She requested to take the class and was approved by her educator and manager. She spent five (5) hours in class. If it is required for your job or you are currently certified, you are paid for that time. Another nurse from her department had let her certification lapse so was required to take the full five (5) hour class. That nurse was compensated for the class but Butcher was denied.

When Chief Steward Julie Murray was asked to step in the director initially still denied it because she said it was not required for her job. After pointing out that another nurse had been paid management agreed to pay Butcher as well but said going forward they would only pay for renewals.

MGL RNPay For Time off Ordered by

Manager

When MGL asks an employee to see a physician to determine if s/he is medically able to perform her/his job (sometimes called a “fit for duty exam”), they are required to pay them for the time off work if they are deemed fit. One (1) nurse had to leave during a shift because she wasn’t feeling well. Her manager said she was taking her off the schedule until she had a document from the doctor stating she was safe to come back to work. She was going to lose pay.

When the nurse contacted Local 459 about being paid for the time she had to miss work, Chief Steward Julie Murray was able to get her manager to agree to pay her for the lost time.

MGL RNLooks like Mandation

An MGL Emergency Department RN was told he was being mandated two (2) hours past the end of his

(Continued on page 9)

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Apr - Jun 2016 9

scheduled shift.   Just after his shift was over, management informed him they no longer needed him and he wasn’t being mandated.  However, they told him he had to continue to work until the triage nurse had completed her work and could relieve him.  They explained he would be paid straight time instead of the double time for being mandated as called for in the RN Union contract.

Chief Steward Julie Murray explained to the manager that the RN was made to work during the period he was told he was being mandated.  She went on to argue he was, therefore, entitled to mandation pay.  The manager agreed to pay the nurse double time for all time worked after the end of his shift without a formal grievance needing to be filed.

CEI CMH ResidentialWorking Full Time Earns Her

Full Time Alysa McCauley, Relief Residential Technician for CSDD Residential at Clinton Eaton Ingham Community Mental Health, contacted the union when she felt that she had met the criteria to be offered a regular position. According to the Residential Union contract, a Relief “employee who works a consistent schedule of more than forty (40) hours per pay period in excess of six continuous (6) months shall automatically be considered a regular (full-time or part-time) employee.”

After investigation by Chief Steward Laura Sandberg, it was determined that McCauley had worked enough hours. Therefore, she was offered and accepted a full time position at Howell Home.

CEI CMH ResidentialHot Mess of a Discipline

Heather Williams, Residential Technician for CSDD Residential at CEI CMH, was given a written warning for not attending a staff meeting, for not complying with requests from Finance and management regarding her benefits, for wearing pajamas to work on two (2) occasions, and several other performance issues. Steward Bill Archer filed a grievance on her behalf.

Williams denied wearing pajama pants while at work. Additionally, one of the dates that was noted that she wore pajamas to work was written incorrectly by management on the discipline. Archer argued that many other employees miss staff meetings and do not receive disciplinary action as a result. Also, Archer stated that no one at CEI CMH is disciplined for not complying with requests about their benefits. There were also notations in the discipline about a training shift that Williams worked, and one of the dates provided by management was incorrect as well. Following the step one grievance hearing with the Supervisor, the grievance was denied. The Supervisor did provide Local 459 with an “updated” version of the discipline with the corrected information.

After the step two grievance hearing with the Director, the grievance was granted and the discipline was removed. It was replaced with a non-disciplinary verbal counseling memo. The date in the discipline for the missed staff meeting was also incorrect and it was corrected in the counseling memo.

CEI CMH LARGELicense Renewal Grace Period

Beverly Brocks, Developmental Disability Clinician at CEI CMH CSDD Transitions North, renewed her Social Work license as required. However, management was not able to verify it on the State of Michigan website. Brocks was told that she couldn’t practice without a valid license and was required to use one day of paid time off until management received verification. Chief Steward Laura Sandberg investigated, and found out that Brocks was eligible for a sixty (60) day grace period. The state allows clinicians this time for renewal, getting verification, etc. while still being able to practice. Sandberg notified management of the grace period, and management agreed to refund Brocks her one day of paid time off. This was achieved without the need to file a formal grievance.

Hospice of Lansing Paraprofessionals

Untimely Discipline

Sue Gray, Residential Aide for Hospice of Lansing, works at Stoneleigh, their residential facility. She was given a second warning discipline for performance issues. Gray contacted Local 459 with concerns about this discipline’s timeliness. According to the Union contract, management has ten (10) working days from an infraction to levy the discipline. The discipline was given to Gray on February 1st. However, the actions for which she was written up were on January 15th. Therefore, the discipline was untimely.

Chief Steward Laura Sandberg contacted management to explain the timelines. Management agreed to remove the discipline without the need to file a formal grievance.

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Stewards Spotlight

459 Update10

Blenda Coward - Touchpoint Macomb

Touchpoint Macomb is one of Local 459’s newest bargaining groups; in December 2014 they voted to be represented by Local 459. This group consists of Environmental service workers (EVS) and Food service workers (dietary). Touchpoint is subcontracted by St Johns Macomb hospital to provide these services.

Blenda Coward stepped up right away and has been the “straw that stirs the drink” at Touchpoint Macomb by being an organizer, a bargaining team member and the Chief Steward. Although she was a part of a Union at a previous employer where she was a bus driver, she did not have any experience in a leadership role. Coward quickly took to her new roles like “a fish to water” she has good instincts and she is a quick learner.

The employers transition from non-Union to Union required patience and a learning curve, but Coward preserved with a calm but assertive demeanor. Coward already has had many grievances granted and is a strong advocate for the members.

Coward has been employed at Touchpoint for four (4) years and she works in the dietary department. Coward has an interesting background, she was a former truck driver based out Utah, a former bus driver (Teamster Local 299), she is the presiding president of a female motorcycle club and she is a part of a group that feeds the homeless once a month on Sundays and make it a requirement for all of her club members to participate. Coward has many hobbies and interest which include riding her motorcycle, traveling, modeling, fishing and gardening. Coward and her husband Scott have four children (Michael, Marcel, Bakiya and Symone). Coward has three (3) grandchildren who are the love of her life, (Michael 5, Makiya 4 and Myleah 2).

When asked what is most important to her about being a part of a Union she replied “people being treated fairly.” Coward lives by the motto and encourages others to “enjoy life.”

Brandon Tilson – St. Vincent’s Catholic Charities

Brandon Tilson has been employed with St. Vincent’s Catholic Charities (SVCC) for three and one-half (3½) years. He started as a Youth Advocate I and is now a Youth Advocate II. Though in most places Tilson would be considered a relatively short-timer SVCC has a very young population of employees who are usually going to college as well as working for the agency. He is actually within the top five (5) in seniority.

Tilson says he likes working at SVCC because of “the ability to mold young minds, and that there is hope for every child.” Every child has a story”, Tilson says.

Tilson was a Steward for two (2) years, and has been Chief Steward for the past six (6) months. “I like being Chief Steward because it allows me to promote fairness between leadership and staff. It flows both ways”, Tilson says. He was also on the most recent bargaining team at SVCC where there was a long drawn out battle for wage increases.

Tilson is the proud new first time father of baby Peyton, born April 19. He named Peyton after his favorite quarterback Peyton Manning. He has been married for just over one (1) year to his wife Dani. She works for the crisis center at the Gratiot County Community Mental Health office. Tilson also enjoys spending time with his dog, a 95 lb. boxer named Macie.

Outside of SVCC Tilson does personal training as a side career. He likes to work out a lot.

Tilson is very proud of the fact that SVCC is 100% Union Members, and has no “freeloaders.” This is a great accomplishment in this age of Right to Work (freeload).

Local 459 appreciates Tilson and all of the hard work he does on behalf of his membership. We are proud to feature him in this edition of the Steward Spotlight!

Blenda Coward

Brandon Tilson and son Peyton

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Rose

Apr - Jun 2016 11

Chip Johnston

“Chip cares deeply and advocates for the good of our agency, staff and consumers we serve. He is down to earth, very approachable and always willing to listen to Centra Wellness staff’s input. All in all he is a great leader to work with.” That’s a direct quote from long term employee and Union Steward Denise Holmiquist. That pretty much says it all about Executive Director of Centra Wellness Chip Johnston. Centra Wellness is the Community Mental Health agency for Manistee and Benzie counties.

Johnston started at Centra Wellness as a young man in 1986 as a Direct Care Worker. He has been with the

agency for 26 years. He became a Case Manager and then was the manager of vocational education and training. He then became customer and provider services director in 2000. Finally, in 2007 he became Executive Director.

Johnston says he likes “making a difference.” He enjoys working with the community and doing problem solving to meet the needs of the consumers, employees and the organization. And, in our opinion, he does all of these well. “I always keep an office close to the employees so that I am accessible to them”, Johnston says.

When he’s not working, you can find Johnston on the hockey rink. He plays hockey at least 1-2 times per week. He is on a 35 and over league. Johnston also enjoys boating and hanging out with friends. He likes to hunt deer and turkey. “Where I go hunting the phone doesn’t work, so I get some real down time”, Johnston says.

Johnston has been married to wife Linda for 26 years. She is a dental hygienist so he gets his teeth

cleaned for free, he laughingly says. He has 2 children, son Joe who is 17 and daughter Paige who is 14. And he didn’t want us to forget his cat Pearl.

Johnston has earned the respect of his co-workers by treating them all with respect. He respects the Union and acts accordingly.

We are proud to give this edition’s Rose to Chip Johnston. We wish there were more like him!

Chip Johnston Executive Director of Centra Wellness

The Local 459 Executive Board approves grievances for arbitration. All of these decisions are written about in this newsletter; the ones we win and the ones we lose. We recently lost a decision.

Hope Termination

A resident at a Hope program has a tendency for aspiration pneumonia. She must receive one-on-one assistance while eating. The staff at this program distribute snacks to the residents. The snacks are locked up to prevent residents from violating

their dietary restrictions. On an afternoon in February 2015 three (3) staff were working. The resident with restrictions was found choking on Chex Mix. Hope investigated and gave a serious discipline to one of the Residential Instructors. It was her second (2nd) serious so she was terminated. There was a dispute about who was responsible for the resident getting access to the food. A grievance was filed. When it could not be resolved the Local 459 Executive Board approved arbitration. A hearing was held in December and we recently got the decision.

Arbitrator Mario Chiesa noted that the Union and the grievant offered different scenarios as to how the resident got the prohibited snack but he held the grievant responsible. Chiesa wrote, “It is also very troubling that all three of the RIs were in the office just moment after (the resident) was discovered choking on the Chex Mix. None of them were in the living area monitoring the residents.” The termination was upheld.

Arbitration

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Trip to Idlewild Music Festival

Local 459 members, come join us on an overnight bus trip to historic Idlewild Michigan to the 2nd annual Idlewild Heritage Music festival on Saturday August 13, 2016. The music festival is sponsored by the Letman development group which is attempting to revitalize this once thriving African American resort community.

The musical acts will be starting at 1 pm and going on until 11 pm and feature some of the most famous artists of our times including “The Dramatics,” Michael Henderson, Ray Parker Jr and other artists. The day will be hosted by comedian Mike Bonner. Come walk the hallowed grounds on the Beach of Williams Island where some of the greatest performers ever performed during Idlewild’s heyday. Artists like Dinah Washington, Della Reese, Jackie Wilson and the Four Tops performed there; just to name a few.

In addition to the music there will be cultural exhibits. The Black History 101 Mobile museum will be there displaying its Signature Series Exhibit which features over 150 original and authentic artifacts of Black memorabilia dating from the Transatlantic slave trade to Black Lives Matter. The Black Wing Exhibit : The Tuskegee Airmen will display some of the significant contributions of African Americans in aviation. There will food vendors and arts and craft vendors.

If anyone is interest contact Charles Terry at Local 459 (517) 887-8844 or [email protected] for further details. There are limit number of seats available, so get ahold of Charles fast if you would like to go. A good time will be had by all.

459 Update12

PRESORTEDSTANDARDU.S. Postage

PAIDLANSING, MICH

PERMIT No.75

Office and Professional EmployeesInternational Union, Local 459838 Louisa St., Suite A Lansing, MI 48911-5207


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