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

In This IssuePage 2

Union Steward Elections

Page 3 Nurses Council

Page 4 From the

President’s Desk

Page 5 Executive

Board Action

Holiday Baskets

Page 6 Grievances

Settled

Page 9 Arbitration

Decision

Page 10 Steward

Spotlight

Page 11 Roses

Towing Program

Page 12 Local 459

Executive Board Election

Phone: (517) 887-8844 or

(800) 833-1103

E-mail Address: local459@local459.org

Website: www.local459.org

October - December 2015

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Contracts Settled

CLINTON-EATON-INGHAM COMMUNITY MENTAL HEALTH

There are three (3) Local 459 bargaining units at the Clinton-Eaton-Ingham Community Mental Health Authority (CEI-CMHA) - one for RNs, one for Residential employees and one for all other employees (the Large unit). The approximately six hundred represented employees recently reached a new five (5) year agreement.

The agreement included a one and a half percent (1 ½%) raise and a one and a half percent (1 ½%) one-time bonus in the first year, a one and a half percent (1 ½%) raise in the second year, a wage reopener in the third year, a wage and health care reopener in the fourth year and an economic reopener in the last year. One third of any budget surplus shall be used to provide one additional one percent (1%) raise during the first two (2) years. The health care rates for the next year were not available before negotiations concluded. The agreement stated any changes to medical insurance would be dealt with through the joint labor/management health care committee as has been done in the past. Employees required to work when the agency is closed for bad weather would be paid time and a half (1 ½). The law requires employees to pay health care taxes. An amount equal to two-thirds (2/3) of these taxes will be deposited into the Retiree Health Care Fund. This will help insure the Fund can continue to pay out the $150 per month subsidy to pre-Medicare eligible retirees. The parts of the agreement specific for different bargaining units are outlined below.

Large & RN Units - A joint labor/management committee will be established to review caseloads for the Large and RN units. The annual PTO cash out was doubled from forty (40) to eighty (80) hours per year. A few employees in one (1) twenty-four (24) hour program will have to wait for replacement coverage before using personal days unless it is an emergency.

Residential Unit – Paid time off was increased to close the gap between the Residential and Large units. Residential Technicians and Overnight Technicians will have their time off increased by two (2) days per year. Resident Managers will earn an extra personal day after reaching fifteen (15) years of seniority. For the first time, Residential Technicians and Resident Managers can cash out up to forty (40) hours of time off per year. The short-term disability waiting period was decreased from thirty (30) to fourteen (14) days to help preserve their limited time off. The Residential on-call pay was increased. The ban on privatization was retained. When the agency is closed for weather, management may ask the employees on shift to voluntarily staff up to eighteen

Top Paul Brooks, Laura Sandberg, Jodi Lewis, Sally Humphrey and Jeffrey Fleming

Bottom: India Hudson, Bill Archer and President Sharon Taylor

Missing: Mary Huffman, Gregory Womack and Gwen Williams

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 #975.

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.

The Local 459 Constitution calls for Stewards to be elected for two (2) year terms. Elections should be taking place at your worksite in November, unless your contract calls for something different.

Some members think of their Union as the office and the staff. Although the staff works very hard, they are few in number. The strength of our Union does not come from the staff, but from our army of hundreds of Stewards out in the work place volunteering their time to fight for our members every day.

Stewards are both an employee at their work site and serve as a Union representative. They serve as your Union’s “eyes and ears” to report any possible violations of member’s rights. Stewards also bring information from Union to the work place. They are their coworkers’ main contact point with your Union. Stewards also represent members during investigations and in the grievance process. The Local 459 service representatives are available to support and assist Stewards.

If you are interested in serving as a steward, please contact your Service Representative.

Union Steward Elections

(18) hours awake without using the scheduling language in the Union contract. If an employee does not bring a scheduling error they could have reasonably known about to management’s attention within five (5) days after the scheduling cycle is closed, management will have to correct the mistake by giving the employee the hours to work but won’t have to pay her/him for not working.

The agreement was overwhelmingly ratified by the membership. The Large Unit voted for it 256 (99.6%) to 1 (0.4%). The Residential Unit approved it 51 to 0. The RNs ratified it 12 to 0.

The Large unit bargaining team was President Sharon Taylor, Paul

(Continued from page 1)

Contracts Settled Brooks, Jodi Lewis and Gwen Williams. The Residential team was Bill Archer, India Hudson, Greg Womack and Stacie Earley. The RN team was Mary Huffman and Sally Humphrey. The teams were assisted by Service Representative Jeffrey Fleming and Chief Steward Laura Sandberg.

Northeast Michigan CMH Local 459 represents eighty-four (84) paraprofessional employees that work with adults with disabilities living in group homes (the paraprofessional unit) and fifty-three (53) staff working in the professional unit at Northeast Michigan Community Mental Health (NEM CMH). Like all CMHs, the agency faces a number of threats to its budget.

Despite these challenging economic circumstances, Local

459 and management were able to reach a settlement on a new four (4) year contract fairly quickly. The agreement included a three percent (3%) raise; no step increase; increased on-call pay for professional staff and economic reopeners for the next three (3) years.

Both bargaining units ratified the new contract with only a single no vote. The paraprofessional unit voted 55 (96%) to 2 (4%). The professional unit voted 19 (95%) to 1 (5%).

Donna Macaulay, Debbie Greene and Janet Wood were on the paraprofessional bargaining team. Pam Brenton, Bill Kaiser, Deb Schackman & Tina Wozniak represented the professional unit. The teams were assisted by Service Representatives Jeffrey Fleming and Charles Terry.

Oct - Dec 2015 3

Nurses Mixer and Coat Drive

The Local 459 Nurses Council sponsored a mixer at Trippers in August. The goal was to give members an opportunity to meet away from the hospital in a relaxed social setting. Using this format allowed people to ask questions about their contract and how their Union benefits them in their workplace. The council understands they are asked to attend so many meetings that this unstructured event would help people get to know each other and ask any questions about how they can get more involved in Union activities. The event accomplished just that and it was an enjoyable get together.

In October the Council sponsored a “One Warm Coat Drive” to benefit Child and Family Charities. Everyone was asked to clean out their closets and donate warm coats to give to some very deserving families that would have faced a cold winter without the proper winter gear that is needed for our Michigan winter. This was a win-win because people got rid of coats that they no longer need and the recipients will stay warm because of it. The staff at McLaren Greater Lansing must all have very clean closets now because the coat drive was a great success. Members of the council washed the washable coats and Baryames Cleaners generously donated dry cleaning services for the ones that could not be washed. Hopefully you all will think of Baryames for your future dry cleaning needs.

If you are interested in getting involved with the OPEIU Local 459 Nurses Council please contact Julie Murray at jmurray@local459.org. Don’t forget to “Like” us on Facebook at the OPEIU Local 459 Nurses page.

Local 459 Nurses Council

Money for MGL Members

In 2014 Local 459 filed an unfair labor practice charge against McLaren Greater Lansing when the hospital unilaterally changed the pharmacy network. MGL settled by putting $40,000 into a fund to reimburse Local 459 members or any family member for prescriptions filled anywhere other than Rite Aid, Walgreens or the hospital pharmacy since the change. The fund is administered by Local 459. There is still money available.

POST member Samantha Marlow recently received a check for nearly $1,300. It only takes a few minutes to fill out the form(s) for eligible employees to get the money. Please return completed forms to Local 459. You can get the form from the Local 459 website at www.local459.org (the form is in the lower left hand corner of the first page) or by calling (517) 887-8844.

From the President’s Desk

459 Update4

By Sharon Taylor, Local 459 President

What is it the Local 459 President Does?

During the election I heard this question a lot so I’m going to try answering it for you in this month’s column.

The Local 459 President position is not a paid position. The contract between Local 459 and Clinton, Eaton and Ingham Community Mental Health (CEI CMH) where I work allow ten (10) hours of unpaid union leave per week. The Executive Board has agreed to use these hours for my President work. So I work 30 hours at CEI CMH and then I get 10 hours off to work at the Local. Most of the hours that I put in are in the evenings and on weekends. The Local reimburses CMH. The Executive Board has also approved a $400 a month salary for my other hours.

The Local 459 President oversees the $1.13 million dollar budget. This includes reviewing bills for accuracy and authorizing all expenditures; overseeing and authorizing use of the Local 459 credit cards; reviewing and acting as the 2nd signer on every check that is written from the Local 459 account. The President negotiates and monitors all contracts with all Local 459 vendors. The President is responsible for working with the Secretary Treasurer and making sure that all Federal and State reporting and regulation are followed including assisting with the annual financial audit and meeting with the accounting team conducting that audit.

The President supervises the three (3) Service Representatives, four (4) Chief Stewards and the Secretary/Bookkeeper. This includes meeting with the Service Representatives at least once each month and reviewing every grievance that is filed by Local 459. Over the last four(4) years that was over 1,000 grievances. The President makes sure that all legal requirements are met and oversees the negotiations for all bargaining unit contracts. She also acts as the chief spokesperson for negotiations with the Local 459 staff’s union contract. The President oversees all of the human resource functions of the Local including open enrollment, overseeing healthcare and all benefit enrollments annually. The President also conducts monthly servicing staff meetings and an additional staff meeting for those servicing McLaren Greater Lansing.

The President chairs the monthly Executive Board meetings and is responsible for developing the agenda and writing all items presented to the board except the Secretary Treasurer’s report. These board meetings are where grievances are approved for arbitration, Local 459’s finances are reviewed, the status of negotiations, arbitrations, and ULPs are reviewed and stewards are appointed.

As the President I write this column each quarter and oversee the development of this newsletter. The President attends joint labor management committee meetings and chairs the Local 459 Political Action committee. I oversee all the day to day functions of the Union office and all that that entails. I respond to member inquiries and phone calls and field member complaints.

Many of these tasks used to be performed by the Senior Service Representative who acted as office manager. As you might be able to see these tasks add up to way more than 10 hours per week, but, they are all things that need to be done to keep Local 459 running.

The President and Executive Board needs to act with the interest of every member in mind and to balance the needs of all 2,800 members. Every member deserves and is entitled to representation. This responsibility to the membership is one that every member of the Local 459 staff and Executive Board takes very seriously. We all take an oath when take office to uphold our Constitution and to act in the best interests of the Local and its members and that is something that every Board member keeps in mind.

Executive Board Action

Holiday Baskets

Oct - Dec 2015 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 August 2015 to October 2015 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.

A total of five (5) grievances were presented to the Executive Board. Two (2) were approved for arbitration.

• Hope – Termination• MGL Paraprofessional –

Termination

BUSINESS

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

The Executive Board approved a new format for the monthly financial report.

The Executive Board unanimously approved removing the MGL POST Chief Steward position. She was returned to a position in the bargaining unit which provided the same pay and benefits as MGL was paying her in the Chief Steward position.

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 2,689 members so a petition would require approximately eighty-three (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 staylor@local459.org .

Local 459 is accepting names of members who may be in need of extra support around the Holidays. Names of Union members in need must be submitted by a steward on a Recommendation for Holiday Basket form. The forms have been sent to stewards and are available from the Local 459 office. Names will be accepted through December 18th.

Members are also encouraged to donate non-perishable food to the basket program. Donations can be dropped off at the Local 459 office or we can arrange pick up.

Contact Ronda Ackerson at (517) 887-8844 or rackerson@local459.org for more information about the program.

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.

HOPELost Work

Brad Preston and Rick Hamilton work for Hope Network Behavioral Health Services(Hope) in the maintenance department. The maintenance department staff all have specific assigned locations and responsibilities. On three (3) separate occasions (twice for Preston) management from Preston’s and Hamilton’s programs performed part of their work or assigned their work to non-union personnel.

Both Preston and Hamilton contacted April Brown and Tiffany Edwards the Chief Stewards and both filed grievances. Both grievances were granted, Preston was paid six (6) hours and Hamilton was paid two (2) hours for the time the work was performed by non-union personnel.

HOPECalled But No One Answered

Trinnell Payne works at the Alpine Grove program for Hope as a Residential Instructor (RI) on the second shift. Upon receiving the news of a close family member passing away, Payne tried to call off of her shift early on that same day. Payne made multiple attempts to reach someone in management but could not reach anyone. Payne eventually left word with the staff at

the program. Payne was disciplined for not following the proper protocol of speaking directly with a manager.

Payne contracted Chief Steward April Brown who filed a grievance on Payne’s behalf. The grievance was settled at the first step when Payne was able to prove through her telephone log that she made multiple calls. The discipline was removed and replaced with a non-disciplinary tutorial memo.

NEM- CMH ProfessionalsEavesdropping Leads to Discipline

Olivia Gougeon works at Northeast Michigan Community Mental Health. Gougeon was on her break in the breakroom talking with a co-worker and was overheard by her supervisor. The supervisor decided that what she heard was not appropriate conversation while at work and gave Gougeon a discipline.

Gougeon contacted Steward Deb Schackmann and a grievance was filed. Gougeon contended that the comment that the supervisor overheard was made in jest between two co-workers and was not heard nor meant for any client to hear and did not show any lack of professionalism. The grievance was settled by the discipline being removed and was replaced with a non-disciplinary counseling.

Touchpoint-OaklandLoud but not Arguing

Debra Lowe works as an environmental service aide for Touchpoint at St Johns Oakland Hospital. Lowe was given a discipline for arguing with a co-

worker in a patients’ room. Lowe did admit to having a conversation with a co-worker that could have been interpreted as loud, but not arguing. Lowe was in her work area at the time, and the co-worker came in the room to talk with her. A complaint was made and both workers received disciplines.

A grievance was filed on Lowes’ behalf. The grievance was settled at the second step. The discipline was replaced with a non-disciplinary note to her file.

Touchpoint-MacombNew Contract – New Right

Antwain Burse is a food service worker for Touchpoint at St Johns Macomb Hospital who was terminated for absenteeism. Touchpoint Macomb ratified their first contract on August 5th. With their first contract there was an improvement made in the attendance policy.  The number of occurrences that lead to discipline was increased from seven (7) to eight (8). The attendance policy at Touchpoint is a “no-fault” attendance policy.   With the exception of certain absences like Family Medical Leave (FML) or bereavement, the employer doesn’t care why you are absent, good reason or bad reason - they all count against you. An occurrence is defined as one day (1) absence or multiple consecutive days’ absences which also was a factor in this grievance.

Blenda Coward is the Chief Steward of our new members at Touchpoint-Macomb and she

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Grievances Settled

Oct - Dec 2015 7(Continued on page 8)

filed her first grievance on Burses’ behalf.  Touchpoint was not used to having their disciplines reviewed.  The grievance went to step two (2) were it was acknowledged that Burse’s bereavement leave should not have counted as an absence and that a multiple day absence, should have only been counted as one (1) occurrence not two (2) occurrences.  Burse was returned to work with one (1) month back pay.

MGL RNSent Home Out of Order

Abby Mulvaney is an RN on the 2 East Ortho floor of McLaren Greater Lansing (MGL). When the patient census is up, staff is encouraged to pick up extra hours to fill in the holes in the schedule. This is an opportunity to help out their unit and, as a reward, make some overtime which is paid at time and one half. Mulvaney had picked up a day earlier in the week and when she came to work on Friday, the census had dropped and the manager had to start sending people home.

The MGL RN contract has clear steps outlining the order in which people are sent home. If there were any volunteers to go home they go first. Instead of following the contract the manager decided that since Mulvaney would be in overtime she should be the one to go home. There was a nurse who volunteered to go home. The contract also allows for a unit to vote how they would do a mandatory low census day and this unit voted to

use a rotation method instead of the lowest senior always being the one to go home. It was not Mulvaney’s turn in the rotation but she was sent home anyway.

The RN Chief Steward Julie Murray asked the manager to take a look at it and pay Mulvaney for the hours lost. After a lot of discussion the manager agreed to pay her the six hours Mulvaney lost by being sent home that day.

MGL RNUnjust Termination Leads to $48k

Settlement Rebecca VanHall worked at MGL for over twenty (20) years. Her most recent position was in the Emergency Department. She picked up extra shifts to earn enough PTO to take three (3) consecutive days off. She confirmed her time off was approved by checking the MGL system, webscheduler. Before her vacation VanHall called in for two (2) shifts using the Family Medical Leave Act (FMLA). She did not realize the hospital would make her use PTO. So she only had two (2) days banked when her vacation arrived. She was fired for taking the vacation – they called it three (3) consecutive no call no show absences. Management contended approval for her vacation was revoked when she did not have sufficient PTO to cover all three (3) days.

Chief Steward Julie Murray filed a grievance. She presented a copy of web scheduler clearly showing VanHall was not scheduled for two (2) of the three (3) days. Murray also argued the contract requires three (3) consecutive no call no shows for termination and she had enough PTO to cover one (1) of the days.

Human Resources denied the grievance. The Local 459 Executive Board approved the case for

arbitration. With the hearing fast approaching, MGL became more open to settling. VanHall obtained other employment and was no longer interested in returning. The grievance was resolved by the hospital paying her over $48,000 in cash and unemployment, changing her termination to a resignation, and providing a neutral reference.

MGL RNCoaching Refused

At MGL nurses have started giving bedside report to the oncoming nurse. The concept of bedside report was a result of evidence based practice gathered from around the country. It allows the patient to participate in their own care and to be aware what the plan of care is going to be for them. This is a fairly new process at MGL and as with anything new, there is a learning curve.

Recently two (2) nurses had a discussion away from the patient that was witnessed by their manager. At this point the manager felt a discipline should be issued for not completing bedside report. Chief Steward Julie Murray was called because the nurses involved felt justified in having the conversation away from the patient. Murray argued that the discipline should have only been a coaching and mentoring which is not considered a discipline. She argued that the desired result was to make them aware that all conversations during report are to be done at the bedside and this could be accomplished by the coaching and mentoring. The nurses involved had no previous disciplines of any kind and it was felt receiving a discipline was punitive in nature. Management felt they had done quite a bit of education on how to do a bedside report and that the step one was appropriate. A settlement agreement was reached to reduce the active period of the disciplines to seven(7) months.

459 Update8

CEI CMH LARGETransfer Delayed

Ric Jenness, Developmental Disability Clinician (DDC) at the Community Mental Health Authority of Clinton Eaton and Ingham Counties (CEI CMH), applied for and was awarded a Vocational Counselor position on July 9th. Management kept him in his old position while they were trying to fill that position. Steward Carisa Visser came forward on Jenness’s behalf due to the fact that he still had not been placed into his new position at the end of September. According to the Local 459 CEI CMH contract language, management has sixty (60) days to place an employee into a new position after they accept.

Once management was made aware of this, they agreed to place Jenness into his new position right away. Management apologized as they had not realized that there was a limit. This resolution was achieved without the need to file a formal grievance.

CEI CMH ResidentialTermination Retracted

Heather Williams, Residential Technician in Community Services for the CEI CMH Developmentally Disabled (CSDD) Howell Road home, received a suspension for performance issues and the next day received a termination for attendance. Chief Steward Laura Sandberg and Steward Juliet Crawford filed grievances on her behalf. During the grievance meeting, Williams explained that she had made a couple of mistakes on her mileage reimbursement,

MGL RNCoaching Required

Danh Hong works in the Labor and Delivery department at MGL. She was called into the manager’s office and was issued a step one discipline for tardiness. The RN contract has a separate track for absenteeism and tardiness that requires the employee receive a coaching and mentoring before issuing a discipline. Once Chief Steward Julie Murray was made aware of the situation she contacted the manager about the process and it was agreed that the Step one discipline be reduced to a coaching and mentoring. This gives the employee a chance to correct the situation before it progresses any further.

It is always a good reminder that an employee should say “I want my Steward” and not just ask the manager if they “need” their Steward when being called into the office for a meeting.

MGL RNDenied Extra Shift

When an RN at MGL applies for an extra shift in the emergency department the scheduler notifies them if the shift is awarded or denied. Connie Ankney applied for an extra shift in September and it was denied. But on the day she had asked to work, she was called to see if she wanted the shift. When the call came, she was sleeping having worked late the day before. The scheduler then gave the hours to another nurse who showed up for work even though she wasn’t on the schedule. Management argued that since Ankney did not answer their call that morning, it was ok to use the nurse who showed up. Ankney objected.

Chief Steward Murray argued that the shift should have been awarded to Ankney in the first place. The schedule showed there was a need even after Ankney had been denied. Management agreed to settle by paying Ankney the six (6) hours the other nurse worked.

but that the vast majority of claims that management made about errors on her mileage sheet were unfounded. Additionally, there were multiple inconsistencies regarding the information that was provided by management about Williams’ attendance.

Several of the dates that management claimed Williams was a no-call, no-show to work, were shown to be errors on their documentation. After hearing the grievances, Chief Human Resources Officer Sharon Blizzard granted the termination grievance and brought Williams back to work. The suspension grievance was reduced to a verbal warning. Additionally, Blizzard’s decision allows Williams to put in for a transfer, with certain criteria, so that she can move to a different worksite without the discipline preventing her from doing so.

Centra WellnessIncreased Health Care Payments

Stopped

Centra Wellness (formerly Manistee-Benzie Community Mental Health) employees had been paying ten percent (10%) of the medical insurance premiums. The employer changed the employee share of the cost to fifteen percent (15%) on October 1st.

Stewards Mark Anderson and Denise Holmquist pointed to language in the Union contract that capped bargaining unit employees’ cost at ten percent (10%). Management agreed to reduce the payment to the lower amount and reimburse employees for any overpayments in their next paycheck without a formal grievance needing to be filed.

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Arbitration Decision

Oct - Dec 2015 9

American Red CrossReporting Pay

There is a provision in the contract between Local 459 and the American Red Cross that states employees shall receive at least four (4) hours of reporting pay if you show up to work. Recently, a blood drive was cancelled in Muskegon. The manager called employees twenty (20) minutes before hand to tell them not to come into work. All of the staff were already at work. Management refused to pay them the four (4) hours reporting pay because they were called prior to punching in. Muskegon Steward Cindy Krieger disagreed and filed a grievance.

Krieger argued that employees had reported to work and deserved the minimum pay. The grievance was granted and Heather Diepen, Shelly Kersting, Ana Leal and Sandy Lalumadiere were each given four (4) hours of pay.

American Red CrossShort Staffing

The contract between Local 459 and the American Red Cross (ARC) Blood Services division provides for minimum staffing at all blood drives. The goal of the blood drive is the determining factor as to how many staff are necessary.There was a Lansing area blood drive that was not staffed according to this matrix,A grievance was filed by Lansing Steward Penny Jugovich.

The demand on the grievances was that the employees who were on the drive split the wages of the number of staff who should have been on the drive.The grievance was granted and the following members split $102. DecharaFountaine, Brittany Tasior, Mary Qualley and Tara Young.

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 won a decision.

Discharge at Hope Network for Med Errors

Rose Grant has worked at Hope Network Behavioral Health Services for more than sixteen (16) years. This is a very long time for this employer. She has also been an active Union member and has served on several bargaining teams. In March of this year she was fired for making two (2) med errors. When the grievances of these disciplines could not be resolved, the Local 459 Executive Board agreed to submit them to arbitration. In August a hearing was held in front of arbitrator Paul Glendon.

Grant is an Advanced Residential Instructor at the River Valley I facility. The Residential Instructors are unlicensed paraprofessionals who are responsible for passing numerous medications each day to emotional impaired individuals. It is inevitable that some medication errors will occur. Hope and Local 459 set up a committee to review each error and try and find ways to improve the system.

Grant made her first medication error in February. It was reviewed by the committee but also sent to the administration for discipline. Hope relied on contract language that was in effect at the time that said “Any medication administration error that results in harm to the consumer can be considered a Recipient Rights Violation and be considered for discipline under the Grievous Violations or Serious Violations section of this contract.” Arbitrator Glendon noted that this provision could only be used if there was “harm to the consumer”. In this

case there was no harm. Glendon wrote, “…the one-day suspension was not for cause and must be set aside and the first grievance must be sustained.’

Grant’s second med error was in March. In the weeks between errors a new contract went into effect and the med error language was changed. The contract now says:

• Four (4) med errors in three (3) months gets a discipline and retraining

• A 5th error leads to another discipline, more training and supervised medication passes

• A 6th error leads to a suspension

• A 7th error within a six (6) month period means you are fired

This was Grant’s second error. Under the new language she is not subject to any discipline. Arbitrator Glendon said, “So for only grievant’s second such offense, it did not have any cause for discipline.”

Another aspect of the case was Grant’s long service to Hope. Normally employers take this into account to treat an employee better. At the arbitration hearing the Hope HR Manager testified they used her service in a negative sense. Hope believed that making a med error for her was more serious than if a new employee made one. Arbitrator Glendon did not like this either. He wrote, “It also was unjust for the Employer to consider her long service in a negative light in deciding what appropriate discipline for that second medication error (or the first, for that matter) would be.”

He ordered Grant reinstated to her old position with back pay and benefits.

Steward Spotlight

459 Update10

This month we feature two long time stewards who are retiring.

Denise Filer, MGL Certified Surgical Tech Denise Filer works in the Surgery Department at McLaren Greater Lansing on the Greenlawn Campus and has done so since 1977. She has been a certified Surgical Tech since 1976. She started on the Heart Team and has worked on different teams. She has been a member of Local 459 since the Technical Unit was established in 1996 and has continuously served as a Steward or Alternate Steward in her department. Filer (which is what her co-workers and the surgeons call her ) has served on two (2) of the Technical negotiating teams and is a very strong advocate for our members. She does not have a problem with standing up for our members whether this is respectfully disagreeing with how management or co-workers treat fellow members or policing the contract to make sure our rights in the contract are not violated.

Filer has seen many changes during her tenure – from changes in the hospital branding to management styles; through it all she has never wavered in her fight for members/co-workers rights.

Filer lives in Lansing. She has a special companion; her cat Courtney. She enjoys reading, spending time with family/friends, and relaxing at her cottage in Indian Rivers.

Filer is retiring in January 2016 and Local 459 would like to proudly say “Thank You” for your many years of service and dedication.

Janet Wood NEM CMH Janet Wood has worked for North East Michigan Community Mental Health since 1996. She started out at the Dewar Home as a part time Residential Treatment Worker (RTW) in the Para-Professional bargaining unit. Wood became a steward when the steward for that program retired and issued a challenge for someone to fill the role. Now it is Wood’s turn to retire.

In addition to being steward, Wood has served on Local 459 Executive Board, logging in many miles traveling back and forth from her home in Harrisville faithfully with her side-kick and daughter Theresa every month. Wood also has served as the Chief Steward and been on every bargaining team for the Para-professionals since 2001 including the most recent contract just settled and ratified on September 30th.

When asked what does the Union mean to her? Wood replied “standing together as a group and forming solidarity.” Wood’s father was a Steward for Chrysler. One of Wood’s fondest memories was fighting to get wages increased.

Wood has two other adult children beside her daughter Theresa; Curtis and Jon. She enjoys gardening, canning and “gaddin’ about”. Wood enjoyed taking care of the clients in the homes and she will miss them and her co-workers. Wood had some recent health challenges and though she is recovering well decided it was time step away. Wood finished strong, bargaining to the end of this most recent contract and getting it ratified. Wood’s parting words were to “trust and support your Union to make it stronger”.

Wood will be missed, and we all appreciate her years of service.

Roses

Towing ProgramOPEIU’s towing program is popular around the country and especially with Local 459 members. It offers members in good standing twenty-four (24) hour service calls for tows, roadside assistance, battery service, lockout service and tire service. Every OPEIU member is entitled to two (2) tows/service calls valued up to $100 each per year for themselves and family living in the same household.

So far this year 128 Local 459 members have used the service at least once. Once a member uses the towing service, they often use it a second time.

The fact that our members live in Michigan and we represent many lower paid classifications may explain why we use the service more than almost every other OPEIU Local.

The service is provided through Nation Safe Drivers (NSD). All calls for service have to go to NSD. Local 459 members are automatically enrolled. You just need to call 1-800-617-2677 and give them your name. If they ask for a membership number, tell them Local 459 does not issue membership numbers. (If they need additional information the Producer Code is 74046 and the Plan Letter is C.)

If you pay for a tow yourself and want to seek reimbursement, you can obtain a reimbursement form from NSD by calling that same number.

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A Rose for Sharon Gillison

Sharon Gillison is the Vice President of Human Resources at LAFCU Credit Union. She started at LAFCU in 1971 as an Administrative Secretary. That’s right, 44 years ago, and she’s still going strong! Gillison got involved in the Union right away. She is the daughter of a UAW Local 724 Committeeman. After just six (6) months of being there, she became the Alternate Steward. “Things between the Union and management were very contentious back then”, Gillison stated. “I knew nothing about Unions, but I wanted to help build a better relationship.”

In 1973, Gillison became the Chief Steward and continued in that role until she went into management in 1987. She also served on bargaining teams and as Chief Negotiator. In 1983, Gillison was part of a 12 week strike at LAFCU. Retiree health care was the strike issue and the Union won that benefit.

In 1987, Gillison moved into management as the Assistant Loan Manager. In 1992, she became the HR Manager and actually developed the HR department. Before that, HR was non-existent. Eventually, Gillison became the VP of HR. “I wanted to be a lawyer or a social worker when I was growing up”, she said. “This job encompasses both of those skill sets.”

“I can’t think of anything I could do that would be more fulfilling than this job”, Gillison stated.

When she is not working, Gillison likes to sing in and direct her church choir as well as teach Sunday school. She also loves to travel and has been from Egypt

to Panama and many places in between.

The Union appreciates Gillison very much. She shows us respect by bargaining in good faith, investigating grievances fully, and just communicating with us as issues arise. Gillison is tough, to be sure. She knows her stuff. However, she also admits when LAFCU management is wrong about something. These are rare qualities, and that’s why we are proud to feature Sharon Gillison as our “Rose.”

The Executive Board Elected

Steward Training

459 Update12

The election of the Local 459 Executive Board was concluded at the October membership meeting. Nominations were taken at the August membership meeting. There were two (2) contested positions. The election was conducted by a committee voted in by the Local 459 membership. They were Gina Carter who works at LAFCU, Elizabeth McGwin who works at the American Red Cross and Gwen Williams who works at CEI CMH. The membership was very involved in the election.

946 members in good standing requested absent voter ballots. 505 members returned absent voter ballots in a timely manner. The return rate, 53%, was similar to the return rate for other Local 459 elections.

82 members voted at the October membership meeting. The election committee spent several hours opening the absent voter ballots and counting all the valid ballots cast. The results were:

PresidentSharon Taylor 349 votes 63% Wendy Yaney 209 votes 37%

MGL POST Member-at-LargeRicky Bailey 65 votes 56% Kendra Moore-Carthen 51 votes 44%

The election cost approximately $8,600 in expenses. There were no objections filed to the election. The new Executive Board was sworn in at its November meeting.

Executive Board being sworn in at November meeting

Local 459 will be providing training for Stewards and Alternates on Saturday, December 5, 2015 from 9:30 a.m. – 4:00 p.m. at the Michigan AFL-CIO office at 419 S Washington Square, Lansing 48933. Coffee, bagels, pop and lunch will be provided.

This training session will be presented by Richard Lanigan, OPEIU Region II Vice President. This presentation will cover Investigation and Processing Disciplinary Cases. Those skills covered will include:

• Gathering Information• Developing a File• Standards of Just Cause• Rebuttals• The Union’s Legal ObligationsInvestigating and processing grievances is one of the most important roles of the steward. Vice President Lanigan has investigated thousands of grievances during his career and has presented this training to hundreds of other union members. We are bringing his expertise here to Lansing and we urge you to attend.

The training is free for Local 459 members.

Call (517-887-8844) or email (local459@local459.org) the Local 459 office to reserve your spot no later than Wednesday, November 25th as space is limited.