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

In This Issue

Page 2 MLK Luncheon

Page 3 Touchpoint

Moross Organizes

Page 4 From the

President’s Desk

Page 5 Executive Board

Action

Scholarships

Page 6 Grievances

Settled

Page 10 MGL Dietary

Subcontracting Arbitration

Page 11 Rose

Steward Spotlight

Page 12 Nurses Council

Phone: (517) 887-8844 or

(800) 833-1103

E-mail Address: local459@local459.org

Website: www.local459.org

January - March 2017

MCO Employees Get 3 Year Deal

Local 459 represents the support staff at several Union offices. This includes SEIU Local 526M, also known as Michigan Corrections Organization. MCO represents thousands of Corrections Officers around the state. It takes a highly qualified and motivated support staff to run the office, and the Local 459 members do it well.

Recently the Local 459 members negotiated a new three (3) year contract with MCO leadership. The new deal includes a 2% raise each year, a $1,100 signing bonus, a new long term disability plan and other improvements.

The bargaining team was Jim McHenry and Stephanie Short. They were assisted by Service Representative Lance A. Rhines.

TIC Members Achieve 3 Year Contract

TIC International Corporation is a third party administrator of Union benefits. Local 459 represents forty five (45) employees at TIC. In only two (2) bargaining sessions a tentative agreement was reached with the company on a new contract. The Local 459 members at TIC ratified the new contract 28 - 15.

The terms of the new three (3) year contract include raising the step scales by $2.00 per hour. The step scales now top out (after 36 months) at $13.50 and $15.50. Most TIC employees are off the scales. Employees who are above the scale but make less than $25.00 per hour get a

MCO members Stephanie Short, Olivia Toretta,Jim McHenry, Valarie Mosley, and Tara Nichol.

TIC Negotiating team Chris Janke, Jayne Phelps, Emily Andrews and Service Representative Lance Rhines

(Not pictured: Susan Beals)

Contracts Settled

(Continued on page 2)

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.

President ...................................................................Sharon TaylorVice President ..........................................................Neal WilenskyLayout Editor ........................................................Melissa Cogswell

ContributorsRonda Ackerson • Jeffrey FlemingJoseph Marutiak • Lance Rhines

Lois Davis-Thomas • Charles Terry Julie Murray

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

(Continued from page 1)

Contracts Settled

Local 459• On the Web: www.local459.org

$1.00 per hour raise each of the three (3) years of the contract. Employees making $25.00 or more per hour will receive a $1,000 lump sum payment in lieu of an hourly increase each year.

There will be a $550 ratification bonus. There will be additional bonuses of $550 each year (2018 and 2019) in November. The new contract also adds two (2) days of bereavement for the death of a grandchild.

There were no concessions in any area of the agreement.

The bargaining team was Emily Andrews, Susan Beals, Chris Janke and Jayne Phelps. They were assisted by Service Representative Lance A. Rhines.

UAW-GM CHR Contract Settled

After a year long struggle, the members of Local 459 at the UAW-GM Center for Human Resources finally got a deal. The members ratified the following terms by a vote of 50-19.

• $4,000 signing bonus

• $2,000 retroactive lump sum payment

• 3% lump sum payment in 2017

• 3% lump sum payment in 2018

• 3% general wage increase in 2019

• New high deductible health care plan is fully paid for by the employer, including reimbursement for the deductibles

• $1,000,000 put into VEBA / retiree health care fund through the life of the agreement

The bargaining team was Debra Haynes, John Keush, Kevin Nix, Jean Reed and Robb Rowe.

MLK Luncheon

On Monday, January 16th Local 459 staff and members were able to attend the annual Martin Luther King, Jr. luncheon held at the Lansing Center thanks to the generous donation of CEI CMHA. Below are some pictures from the event.

Marjorie Rodgers - LAFCU Executive Board Member at Large

Pat Smith, MGL Technical Chief Steward and daughter, Ronda Ackerson, Local 459 Sec-retary/Bookkeeper and Lois Davis-Thomas,

MGL Post Chief Steward

Charles Terry, Service Representative and his wife Carolyn Terry

Greg Womack, CEI CMHA Residential Chief Steward and family

Jan - Mar 2017 3

Touchpoint Moross Employees Vote Union Yes!

In December 2016 after almost two (2) years of work, nearly four-hundred (400) additional employees from Touchpoint voted to be represented by Local 459.

Touchpoint has been hired by St. Johns Health System to run the Dietary and Environmental Services Departments at all their hospitals. This kind of subcontracting is often done to avoid or to break Unions. But at these St. Johns hospitals, it is the employees of the subcontractor that are forming Unions. Local 459 already represents Touchpoint employees who work at St. Johns Oakland hospital and St. Johns Macomb hospital. The employees who voted in December work for Touchpoint in the Dietary and Environmental Services Departments at Moross hospital in Detroit, Michigan.

The organizing drive started in early 2015 when employees from Touchpoint at the Moross hospital contacted OPEIU Local 459 desperate for Union representation. After a long battle, and a fierce anti-Union campaign full of threats and promises, the employees lost the first election 55-45%. Management promised the employees huge changes if they would only give Touchpoint “ one (1) more year.”

The employees waited. The only changes that came to Touchpoint were additional cuts in their benefits. In mid-2016 employees contacted OPEIU Local 459 to ask to try again and a new organizing campaign was started. This time, OPEIU International President Richard Lanigan worked with Local 459 President / Region VII Vice President Sharon Taylor to bring on a full-time person, Blenda Coward to assist with the campaign. Coward is the Chief Steward at Touchpoint

Touchpoint Moross OrganizesMacomb hospital, who organized in 2014.

Coward camped out at Moross. She interacted with the employees daily, explaining how much better working conditions had gotten at her workplace since they joined the Union. Coward worked especially close with leaders from Moross, Janie Drombrowski and Darlene Curry. They were assisted by Local 459 Service Representatives Lance A. Rhines and Charles Terry.

Management again waged a huge anti-Union campaign. This time, Touchpoint brought in Union busters from out of state to supposedly educate, but truly harass the employees. Employees were required to attend meetings almost daily, and were followed around the workplace by the Union busters.

Touchpoint brought in management employees from the other hospitals. They went around telling the Moross workers that the Union did not work at their hospitals. These management employees did not mention that they were non-Union and led the Moross employees into thinking they were Union members. The anti-Union campaign did not work this time! A group of Moross employees decided to do their own investigation. They went to the other hospitals and randomly approached employees. Instead of hearing horror stories, they were told that the employees liked Local 459 and that their work life was improved

since they organized. That clinched it. They went back to Moross and told their co-workers that forming a Union was the way to go.

In December 2016 the Federal Government conducted two (2) elections, one for Dietary and one for Environmental Services. The Dietary employees voted first. The Union won the election by a vote of ninety-six (96) to forty-three (43) or sixty-nine percent (69%) yes! Then came the Environmental Service vote. The Union won this election by a vote of one-hundred and three (103) to fifty-five (55) or sixty-six percent (66%) yes!

The employees at Touchpoint Moross are very excited to be part of Local 459!

Lance Rhines (Service Representative), Francine Ford, Janie Dombrowski (Organizing Committee), Minnie Montgomery,

Jackie Brown and Blenda Coward (Chief Steward Touchpoint Macomb & Temporary Organizer)

Charles Terry (Service Representative), Ed Brown, Cheryl Winters, Felicia Walton, Dora Coogler, Lorna Braden (partially hidden), Kelly Gemes, Dartesha Johnson, Brenda Henley and Blenda

Coward (Touchpoint Macomb Chief Steward/ Temporary Organizer)

From the President’s Desk

459 Update4

By Sharon Taylor, Local 459 President

Local 459 staff has been very busy this past quarter. In addition to normal servicing eighteen contracts (18) have been in active negotiations. This means that at least one Service Representative is out of the office and bargaining every single day and there have been days where all are in bargaining. Some of that bargaining is highlighted at the beginning of this newsletter. Some other items of interest are discussed below.

Constitutional Changes Approved by Membership

I want to thank those of you who took the time to read and vote on the proposed Constitutional changes published in our last newsletter. The Constitutional changes were ratified unanimously by 76 members. . I saw the changes as minor and it appears that many of you thought the same thing. The next step in this process is the changes will be submitted to our International for approval. Once approved by the International the updated Constitution will be published on our website.

OPEIU Scholarships

The OPEIU scholarship program is one of the great benefits of membership that many Local 459 members and their families have taken advantage of. Scholarships are available for members and their children and are available to both full and part time students. Please check out the article on page 5 and the International’s website for more information.

MGL

As many of you may know McLaren Greater Lansing is the largest employer we deal with. They have many units. All of our members at MGL hospital have been without a contract; some for more than two (2) years. MGL management has been demanding many concessions that members did not want to give into. There have been many struggles. We were finally able to gain some leverage and as this newsletter goes to press a tentative agreement has been reached by the MGL POST group. It still needs to be ratified by the membership and if passed we will have an article in our next edition. You can also check our website for the latest information and updates.

In addition, we were able to settle the Dietary subcontracting arbitration (see article on page 10). We feel this was a big win for POST employees. It made the former dietary employees whole and fends off any further subcontracting for the life of the contract, which has traditionally been management’s threat to gain concessions.

Unit Spotlight

As most of you know Local 459 is an amalgamated Local. What that means is that we have members from many different employers - twenty nine (29) different employers and forty three (43) different contracts to be exact. While all of these members are white collar they do many different types of work. I think to build solidarity in such a diverse group it is important that we all understand what each of these units does. Starting with our next newsletter we will be doing a unit spotlight talking about each unit and what they do. If you would like to help with telling members about your unit please contact me at the Local.

In Solidarity,

Sharon

Executive Board Action

Jan - Mar 2017 5

Executive Board Action November 2016 – February 2017

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 November 2016 to February 2017 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.

Two (2) grievances were presented to the Executive Board. One was approved for arbitration and one was not.

• SJOH – Termination – not approved

• MGL – Seniority – approved

Business The Executive Board appointed Kyra Keusch to the Recording Secretary position.

After consultation with the Stewards, the Executive Board appointed Kerry

Miller to the vacant MGL Tech Chief Steward position after the retirement of Pat Smith.

The Executive Board appointed Stewards and Alternates at MCO and CEI-CMH where only one (1) member expressed an interest in the position.

The Executive Board approved the 2016 Good and Welfare report and the 2017 budget.

The Executive Board approved using excess pharmacy fund monies to fund MGL legal fees for bargaining, class action arbitrations and unfair labor practice charges.

The Executive Board approved sending six (6) members from the MGL RN unit and three (3) members from other units to the North Central-Erie/Northeast Educational conference.

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 2,757 members so a petition would require approximately eighty-three (83) 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 staylor@local459.org .

Scholarship Benefits

One of the benefits of Local 459 membership is access to OPEIU scholarships for members and their families. OPEIU offers several scholarship opportunities including the Howard Coughlin Memorial Scholarship, the John Kelly Labor Studies Scholarship and the Romeo Corbeil/Gilles Beauregard Summer Camp. The deadline for submitting for the Coughlin and Kelly scholarships is March 31, 2017. Applications for the Corbeil/Beauregard Summer camp are due no later than May 15, 2017 Applications can be obtained from the Local 459 office or on the International website. Detailed information about all scholarships can be found on the International website www.opeiu.org. All applications must be signed by President Taylor prior to submission to the International.

Scholarships

Grievances Settled

459 Update6(Continued on page 7)

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.

LAFCU

Unpaid Leave Restored

During the most recent set of contract talks between Local 459 and LAFCU, a new provision was put into the contract that allowed for additional time off. It is unpaid time that can be taken instead of paid time off. For the first three (3) years of the new contract, the unpaid time provision worked well. Employees were able to take additional time off and the Credit Union saved money by not having to pay employees for being off.

Something changed. Chief Steward Clare M. Gomez was receiving e-mails and calls saying that people were getting denied unpaid time off. All of the managers seemed to be denying people unless they had a medical appointment. Gomez filed a grievance on behalf of all of the Local 459 members. During the grievance meeting it became clear that LAFCU management was no longer happy with the unpaid time provision. Thus, managers were changing the practice of allowing it for any reason.

The contract stated that management had to approve unpaid leave. But by establishing a practice of approving all leaves, a working condition had been created that could not be changed without bargaining. After much back and forth, the grievance was granted and the unpaid time provision was put back into effect. If management wants to change the practice, it will need to come to the bargaining table.

MGL POSTSeniority Rules

The POST contract between Local 459 and McLaren Greater Lansing (MGL) states that higher senior shall be granted a shift over a lower senior if it does not result in overtime. If both employees are in overtime the shift would go to the higher senior. Wendy Gelispie, an employee in Patient Access at MGL Greenlawn campus, signed up for a partial shift on November 3rd, and it was given to a lower senior. Gelispie contacted Chief Steward Lois Davis-Thomas. Davis-Thomas contacted Patient Access supervisor Colleen Taraskavage and she agreed that the shift should have be granted to Gelispie. Taraskavage agreed to pay Gelispie four and one half (4 ½) hours at double time.

MGL POST3 Messages, 0 Shifts

Angela Melton a Nurse Assistant in the Nursing Resource Pool at MGL. Melton was scheduled to work on October 7th. The morning of Melton’s shift she received three (3) messages; two (2) messages asked her if she wanted to be on call and a third (3rd) message told her that her shift has been cancelled. Melton found out later that two (2) per diem NAs worked that day. Chief Steward Lois Davis-Thomas contacted Nursing Director Julie Ashi. After investigation Ashi agreed that Davis-Thomas was correct and paid Melton for the shift as if she had worked.

MGL POSTTardy Disciplines for Being Tardy

The POST contract between Local 459 and McLaren Greater Lansing (MGL) states that MGL has seventeen (17) working days from when the department manager becomes aware of events leading to discipline to actually issue the discipline. On December 9th, Nicole Gonzalez, a Steward in the Emergency Department on Greenlawn campus was given a Step one (1) discipline for tardiness. Gonzalez was first addressed about her tardiness on October 20th.

Gonzalez contacted Chief Steward Lois Davis-Thomas and asked if the discipline was timely. Davis-Thomas met with Emergency Department Manager Hilary Pamperin and Pamperin agreed that the discipline was past the seventeen (17) working days and therefore agreed to remove the discipline on Gonzalez.

After she got her discipline retracted, Steward Gonzalez was contacted by two (2) other employees with the same situation, Mel Rice and Jessica Medrano. Gonzalez spoke to Pamperin and also got their Step I disciplines removed.

MGL POSTPoint, Just Points

Chelsey Winowiecki is an UA on 6 (six) South at MGL Greenlawn campus. Winowiecki called in for two (2) of her shifts. MGL has a “no fault” absentee policy and the contract states that you receive one (1) point for each absence. If you get too many points, you are fired. Instead of giving points Winowiecki’s Supervisor Sarah McCafferty gave her a counseling memo instead and mandated that she complete training modules. Post Chief Steward Lois Davis-Thomas contacted McCafferty and reminded her what the contract

Grievances Settled

Jan - Mar 2017 7(Continued on page 8)

language states about attendance. McCafferty removed the counseling memo and issued Winowiecki two (2) points instead.

MGL POSTBetter Than Being Called

Karen Hedin a Sterile Processing employee at MGL Penn campus, was scheduled to be on-call for a weekend. According to contract language between MGL and Local 459, POST on-call assignments are rotated among all employees of the same shift and unit. Hedin was not called in that weekend. Hedin returned to work and found out that another employee has been called in to work on December 10th, her scheduled on-call day.

Hedin contacted Post chief Steward Lois Davis-Thomas. Davis-Thomas contacted Supervisor Chris Apolinar who agreed that Hedin should have been called in and paid her for that shift as if she had worked.

MGL POSTMerry Christmas Restored

Nicole Arnett a Nurse Assistant II at MGL Greenlawn campus on 4 (four) main was on the schedule for Christmas Day and off on Christmas Eve. Arnett found coverage for Christmas Day so she could have both Christmas Eve and Christmas Day off. Later, to Arnett’s surprise, she was put back on the schedule to work Christmas Eve. Arnett didn’t think this was right so she contacted Steward Kim Bowlin and Chief Steward Lois Davis-Thomas. Davis-Thomas contacted Supervisor Kathy Dekker and explained the contract language on Holidays and finding your own coverage. After discussion, Dekker agreed that Arnett should not have been put back on the schedule for Christmas Eve. She got the day off.

MGL POSTSeniority Rules

Selena Shatney an employee in Patient Access at MGL Penn campus contacted Post Chief Steward Lois Davis-Thomas after realizing that a lower senior employee was offered overtime hours on December 26th. Shatney’s Supervisor, Colleen Taraskavage was contacted by Davis-Thomas concerning how overtime hours should be granted to employees according to the POST contract language.

Taraskavage agreed that the extra hours should have been granted by seniority. Shatney was paid 4.5 hours of overtime.

HopeIt’s Always by Seniority

Evie Patrick is a Residential Instructor (RI) for Hope Network (HNBHS) at the Meadows program. On two (2) separate occasions Patrick was not called for extra shift opportunities. If you are signed up, extra shifts are awarded based on seniority. Patrick was not called and someone less senior worked the two (2) shifts.

Patrick contacted Chief Steward April Brown who filed two (2) grievances on her behalf. Both grievances were granted and Patrick was paid a combined total of sixteen (16) hours.

HopeCheck the Training

Kiarra Cunningham – Moore is a Residential Instructor (RI) for Hope Network (HNBHS) at the RIdge program. Moore received a less than serious (LTS) for not completing a work assignment. Moore had a check off list that was supposed to be completed before the end of her shift. Management felt that Moore did not do the tasks and/or

checked off things on the list that did not get done.

Moore filed a grievance with Chief Steward April Brown. During the grievance meeting management agreed that the training and support process was flawed and that the discipline should be removed. It was replaced with a non-disciplinary tutorial memo.

Touchpoint – OaklandNot Absent if Medically Qualified

Monecia Lewis Is a Food Service Worker at Touchpoint – Oakland in the Dietary Department. Lewis was disciplined for absenteeism. Lewis contacted Steward Kerchai Leflore who filed a grievance on her behalf. The grievance was granted at the first step as Leflore successfully argued that some of Lewis’s absences were medically qualifying event that should she should have been covered by an approved leave.

Touchpoint – OaklandPoor Scheduling Should Not

Equal Mandation

The associates in the Dietary Department at Touchpoint Oakland were being mandated to cover for shifts that had not been scheduled. The associates understand that mandating is sometimes necessary; however mandating was being used excessively. Steward Kerchai Leflore filed a class action grievance.

The grievance was denied at the first step, but was successfully argued at step two (II), citing that the excessive mandating was due to poor scheduling. Management agreed and going forward plan to address the scheduling issue to avoid future excessive mandating.

459 Update8

Touchpoint – OaklandWhen Will They Learn…Seniority

Debra Lowe works in Environmental Services. One day there was an opportunity for extra hours. By contract and practice the extra hours are offered on the basis of highest seniority first. Lowe did not get offered these extra hours and a less senior coworker was offered and worked the hours.

Lowe filed a grievance. The grievance was granted at the first step and Lowe was paid eight (8) hours.

Touchpoint – OaklandThat’s What PTO is for

Management in the Dietary Department broke from contract language and decided to stop allowing associates to use their PTO when and if they had to call in unless they provided a note from a physician.

Chief Steward Louversa Fair and Steward Kerchai Leflore filed a class action grievance. The grievance was denied at steps one (1) and two (II), however at step three (III) the grievance was granted and the associates are again able to use their PTO.

MGL RNBut, Attendance was Perfect

The RNs at MGL are eligible for a perfect attendance bonus if they don’t call in for six (6) months. FMLA does not count against this according to Federal guidelines. One (1) nurse submitted her application for the perfect attendance bonus and it was denied because they

told her she had a call in. She provided the documentation that the call in day in question was an approved FMLA day. The administration continued to deny it because the manager said she had told someone she was going to call in that day. Chief Steward Julie Murray argued that they would have to do an investigation for this and prove their allegations. The HR representative offered to settle with granting one third of the bonus. This nurse felt it would be better to take this settlement and not pit employees against the manager during an investigation.

MGL RNKeep it Private

Sometimes a lack of communication about assignments can lead to misunderstandings. When this happened to two (2) RNs at MGL, it resulted in a heated conversation at the nurse’s station and the conflict continued with text messages. The manager decided to issue a step one (I) discipline for both of the nurses. They both agreed they could have handled the situation better and Chief Steward Julie Murray argued on their behalf to reduce the step to a coaching and mentoring. It was clear that both parties involved regretted their parts and were shown that it would have been better to handle it in private and not allowed it to escalate. To settle this grievance the HR consultant agreed to reduce the active period for the grievance from nine (9) months to six (6) months.

MGL RNFollow the Bonus Rules

Occasionally the hospital will offer a pay incentive to induce nurses to pick up extra shifts. When Laura Reynolds agreed to pick up a bonus shift she contacted Chief Steward Julie Murray when she did not see it on her pay check. Once Murray contacted the Director about it she realized that a mistake had been made. In order to qualify for the bonus there can’t be any unscheduled PTO in the pay period to meet budgeted hours. In this situation, Reynolds had pre scheduled PTO that had been inadvertently counted against

her. It was corrected and she received the staffing incentive bonus.

MGL RNMandation is Mandation

When RNs are mandated to work an extra shift because the hospital census has gone up and there are not enough nurses to cover it, they receive mandation pay equal to double time. There were several instances that this mandation pay was denied in payroll because the nurse did not meet their budgeted hours in the pay period they were mandated. As there is no stipulation in the RN contract that ties the mandation pay to a nurses budgeted hours, Chief Steward Julie Murray was able to get many nurses the mandation pay when she was contacted without having to file a formal grievance. The Director investigated and granted them as they were brought to her attention.

CEI CMH Large UnitIt’s Your Error…Pay Up

Janice Bowser-Glew is a Community Support Technician at Community Mental Health Agency – Clinton, Eaton & Ingham Counties’ (CMHA-CEI) Transitions North day program. She was temporarily working in a forty (40) hour per week position. Her regular position was thirty-four (34) hours per week. Bowser-Glew did not have enough PTO to cover her leave and requested hours from the illness leave bank. A number of her coworkers donated hours to her.

She was surprised when Payroll limited the number of hours she could draw from the sick leave bank to her regular thirty-four (34) hours per week. Steward

(Continued on page 9)

Jan - Mar 2017 9

Pam Hall pointed out that employees are able to use their PTO to cover up to their temporary hours. She also highlighted they receive holiday pay to match any temporary increase in hours. HR and Payroll were persuaded by Hall’s arguments and agreed to let Bowser-Glew draw that many hours from the sick leave bank.

Payroll then stated there was insufficient hours in the sick leave bank to cover all of Bowser-Glew’s time off. Hall responded there were plenty of donations. Payroll continued to dispute this. Fortunately, Hall had saved copies of the donation forms that were previously sent. She emailed them again. Payroll acknowledged there actually were enough hours donated to cover Bowser-Glew’s time off, but stated she would have to wait until her next paycheck to receive the lost pay for these hours. Hall sent them a copy of their policy stating a special check shall be issued within two (2) business days if the payroll error was made by CMHA-CEI. Payroll then agreed to pay Bowser-Glew by special check.

CEI CMH Large UnitSeniority Prevails

Justin Marshall worked twenty-five (25) hours per week as a Community Support Technician at the CMHA-CEI Transition South day program. He applied for a full-time Job Coach Grounds Keeper position. Management hired an outside candidate. Local 459 filed a grievance on his behalf.

Management argued that Marshall did not state on his application that he had the required grounds keeping experience and that his informal experience he mentioned in the interview did not count. Local 459 countered that they gave the successful candidate credit for informal experience he had working with consumers. The Union highlighted the portion of the contract that states – “…providing the highest quality consumer care is of utmost importance.” – to further argue that greater weight should be placed on the member’s many years of working with consumers.

Marshall’s main concern was raising his hours to thirty (30) or more per week in order to qualify for more insurance benefits for his family. A settlement was reached where he was granted additional hours working on the grounds crew to bring his total weekly hours up to thirty-two (32) hours per week. He was also paid forty (40) hours in back pay for lost wages.

CEI CMH Large UnitHarassment Ended

At least fourteen (14) employees testified to Human Resources that the former CMHA-CEI Crisis Services Coordinator, Renee Benard, was creating a hostile work environment. The allegations were substantiated. When a number of employees complained to Local 459 that her behavior continued, Local 459 filed a grievance citing the protections against harassment contained in the Union contract.

Human Resources hired an outside consultant to investigate this matter in response to the grievance. After interviewing numerous current and former employees, the consultant found there was no harassment that violated the law but Benard’s behavior did violate the protections in the Union contract. The grievance was resolved when she did not return to work.

CEI CMH Residential UnitIt Pays to Watch Your Hours!

Vanesha Halliburton is a Resident Technician at the CMHA-CEI Arch Road Home. She noticed that another employee worked a shift on November 30, 2016 that she wanted. Steward India Hudson pursued the issue on her behalf. She pointed out to Coordinator Sharon Lopez that Haliburton should have been awarded the shift because the Union contract states shifts involving overtime should go to the employee who would have the least amount of overtime. Hudson also showed her that she should have been offered a shift on November 20, 2016 for the same reason. Lopez resolved both issues without formal grievances needing to be filed by agreeing to pay

Haliburton eight (8) hours of overtime and Hudson eight and a half (8 ½) hours of triple time holiday overtime hours.

Dorothy Washington is a Resident Technician at the CMHA-CEI Howell Home. She noticed that another employee worked a shift on November 20, 2016 she wanted. She made the same argument that it would have led to her working fewer overtime hours than the staff person who worked it. Coordinator Drew Kersjes resolved the matter without a formal grievance needing to be filed by agreeing to pay Washington eight (8) hours of triple time holiday overtime hours.

CEI CMH Residential UnitLong Term Increase in Hours

may = Increased Benefits Julie Mack is a Resident Technician at the CMHA-CEI Gilcrest Home. She worked three (3) extra hours per pay period on a “temporary” basis for about three (3) years. After open enrollment, she discovered these extra hours would entitle her to more insurance benefits if they were made a part of her regular schedule. Mack contacted Local 459. Chief Human Resources Officer Sharon Blizzard resolved the matter by agreeing to do this without a formal grievance needing to be filed. We think this may happen frequently. Feel free to contact Local 459 if you’ve worked temporary hours for an extended period.

CEI CMH Residential UnitI’ve Worked Enough – Hire Me

The CMHA-CEI Residential contract has language the requires management to place relief Resident Technicians in a regular position if they work a schedule usually consisting of forty (40) hours per pay period for at least six (6) continuous months. This language prevents management from working relief all the time and avoiding paying benefits for regular part-time or full-time positions. Martha McCarter and Heather Holder requested Local 459’s assistance when they reached that threshold. Chief Human Resources

(Continued on page 10)

459 Update10

Officer Sharon Blizzard resolved the matter by agreeing to hire them both into mutually agreeable regular positions without a formal grievance needing to be filed.

CEI CMH All UnitsAttention: Deadline Passed

When fifteen (15) CMHA-CEI employees missed the open enrollment deadline, they were told they would no longer have insurance coverage as of January 1, 2017. They contacted Local 459 for assistance.

After conversations with HR and Payroll & Benefits, they agreed to a short one-time extension to allow these employees additional time to sign up for insurance. Local 459 agreed to contact each employee directly to give them another opportunity to sign up. All staff who were interested in continuing

their insurance did so. As part of these discussions, CMHA-CEI and the Union agreed to meet later to determine how this would be handled in the future.

CEI CMH Large & RN UnitsYou Can’t Tell me After the Fact

Eleven (11) CMHA-CEI Substance Abuse Services employees attended Therapeutic Options training. It was scheduled to be for two (2) eight (8) hour days. When the staff completed the necessary course work early, the trainers told them they could leave early and would receive the full eight (8) hours of pay. The employees were surprised when their Coordinators told them they would have to use personal time to make up the hours. When they questioned this, they were pointed to the agency policy that states employer paid administrative

MGL Pays for Subcontracting at Wrong Time and Wrong Way

McLaren Greater Lansing recently subcontracted its cafeteria work to a group called Morrison. Forty-three (43) mostly long term employees were displaced.

Local 459 filed a grievance against how management subcontracted Food & Nutrition. It was not impossible for MGL to subcontract Dietary; they just had to do it at the right time and in the right way. They did not do it correctly. The Local 459 Executive Board approved arbitrating a grievance on this. A hearing began in December and things looked bad for MGL. The employer asked to discuss a possible settlement.

MGL agreed to settle this grievance days before the arbitration hearing was set to resume on January 23rd. The agreement gives money to every group of employees affected by the outsourcing. It requires:

• Employees who were laid off and received the Employer’s severance package shall be entitled to receive an additional sixty (60) days of severance pay.

• Employees who were laid off and then bumped into a different position, and those employees who were subsequently bumped shall be reimbursed by the Employer for lost wages, increased monthly insurance co-premiums, reduced PTO accrual and lost holiday pay retroactive to October 30, 2016 through February 28, 2017, and shall also receive from the Employer the additional sum of $250.

• Employees who were hired by Morrison shall be paid five hundred dollars ($500) each.

In addition to paying employees, MGL agreed to a moratorium on subcontracting for the life of the next contract.

If we had won the grievance at arbitration, it was still possible that MGL could have restarted the process and subcontracted the correct way. While the work is still gone, all the effected employees get paid for what they lost by MGL doing it incorrectly.

MGL Dietary Subcontracting Arbitration

time only covers time actually spent in training. Local 459 intervened at the staff’s request.

The Union reminded management that the employees were simply following what they had been told. Local 459 maintained the staff would likely have returned to work had they known the choice was between using personal time or working.

The Chief Human Resources Officer Sharon Blizzard and Substance Abuse Services Direct Ericanne Spence resolved the matter without a formal grievance needing to be filed. Erin Brady, Mary Inada, Ted Sinnavae, Carrie Manny, Derek Blum, Jim Keel, Lisa Lennon, Allysa Whalen, Sarah Cushion, Greg Pula, and Bruce Jensen were reimbursed for the personal time they were required to use and paid through administrative time.

Back row -Renee Howell, Cheryl Premo, Getachew Woldu, Deondra Allen and Jane Crouch. Front row: Monica Artis.

Steward SpotlightKim Wright McLaren Visiting Nurses

Kim Wright is a Hospice Home Health Aide at McLaren Visiting Nurses. She has been employed there since 1991.

Wright is an active member of Local 459 and has been a Steward since 2002. She has also been on several bargaining teams over the years. She fights hard in bargaining to get the best deal she can for her fellow employees. “I like being a Union Steward because it helps me to see all sides of the issues. I like learning the different jobs that my members have, and I like to solve problems before they become big problems,” says Wright.

Wright takes care of Hospice patients in the greater Lansing area. “I love my job! I get paid to spoil people. How much better can a job be?” said Wright.

Wright is married to husband Tim, and they have been together for twenty-five (25) years. She has three (3) boys and four (4) grandchildren. She loves to spoil her grandkids. When she isn’t working, Wright enjoys crocheting, camping and NASCAR races. She goes to the Michigan International Speedway and camps every August.

Local 459 appreciates the hard work that Wright does on behalf of the membership. She handles almost every issue that comes up, and does it well. We are proud to feature Kim Wright in this edition of the Steward Spotlight.

Jan - Mar 2017 11

Julie Thomasma

Early in her tenure as Child and Family Charities Executive Director, Local 459 awarded Dr. Julie Thomasma, Ph.D., CRC a Rose for her

collaborative Labor/Management style. A year later she has proven herself worthy of another one.

Negotiations at Child and Family Charities have a history of stretching out long after the contract expires. Even bargaining over a wage reopener often took months. Last year a tentative agreement was not reached for nine (9) months. Recognizing that protracted negotiations creates unnecessary acrimony between management and employees, Thomasma went to the Board ahead of time and obtained approval to offer staff a three percent (3%) raise effective on January 1, 2017. This pay increase was communicated to Local 459 without a single bargaining session being held. Management did not ask for any concessions or other contract changes in exchange for the raise.

The team of Pam Harry, Lindley Arnold, Gale Henry, Sue Hurlburt and Christina Medina thought the raise was fair and recommended it to the bargaining unit. The members ratified the tentative agreement by a vote of 44 to 0.

This is why we are once again awarding Dr. Julie Thomasma a Rose.

Rose

459 Update12

Nurses Take DC May 5th

The OPEIU International Nurses Council meets annually to keep current with issues facing the nursing profession around the country. Staffing has been easily identified as the number one problem facing nurses. The ONC believes safe staffing ratios need to be the law as it is in California. California is currently the only state with these ratios and nursing Unions are pursuing this in each state. While we still believe Federal legislation would be the best solution, the proposed bills have made no headway in the past two Congressional sessions. While we all know this should not be a partisan issue as it affects patient care, it has become one.

Nurses and their allies will be rallying in DC on May 5th and will be getting education on how to lobby our representatives about the importance of safe staffing laws. If you are interested in being a part of this legislative process, please contact Julie Murray at jmurray@local459.org

Nurses Council

PRESORTEDSTANDARDU.S. Postage

PAIDLANSING, MICH

PERMIT No.75

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