November 14, 2000

Another Grievance has been won on behalf of all AFSCME represented Security Staff.

The following is a Grievance and response filled by Local 3940 against Snake River Correctional Institution by President Kevin Jackson. The name of the Employee has been removed for their privacy.

Statement of Grievance: On August 20, 2000 Officer -------- was properly relieved of duty. While walking from her post at the Intake and Release Center she passed through no less than seven security doors that could only be opened with an electronic key or by an officer in one of two control rooms. She stopped at the Complex One Control room and turned in the equipment that she had drawn at least eight hours earlier in the day.

This is particularly time consuming, because once you turn it in, you must then wait to be given your Key Chits as a receipt for your equipment.

Once she received her Key Chits, she then proceeded on her travels out of the institution. All the while she passed by a number of employees and supervisors on her way out. She finally reached one of the last doors that she could not open with her electronic key and waited patiently for the officer in the control room to open the door. When the door opened , she went through it and opened the mailroom door with her electronic key and delivered the mail from her post. She then exited the mailroom and only had two more doors that are barely six feet apart to pass through before she would actually be outside of the institution. However, once she had passed through one of the last two doors, Captain Maass stopped her. Captain Maass informed her that he had two vacancies on the daily roster to fill and she would have to stay and work mandatory overtime.

Officer -------- was number five that day on the mandatory overtime list.

She had not been given any pervious warning that she maybe needed to cover an open post. Captain Maass stated that the vacancies were a roster mistake and that he did not have the employees available to fill the open post. Captain Maass allowed Officer -------- to go to the parking lot and tell her husband that she was being held at work to fill a mandatory over time post. Officer --------'s husband is also an employee at SRCI. He was number four on the mandatory overtime list for that day, but had not been held over for mandatory overtime. When Officer -------- returned from the parking lot she was informed by Captain Maass that he maybe able to allow her to go home in a little while. He did allow her to go home some fifteen minutes later. He said that he had found an extra employee on the roster that he had not been aware of.

Management not only has the right to assign and schedule work, but also has an obligation to do so. Management has the responsibilities to maintain efficient governmental operations. Employees should not be made to suffer, because an employer has failed to schedule and assign enough employees to cover its governmental obligations. Ongoing last minute attempts at crisis management are the precursors to a disaster. This is why in the current Labor agreement, there are penalties to be levied against the employer who fails to adhere to its obligations.

Officer ------- was paid for fifteen minutes of overtime. She should have been paid in accordance with Article 17 - Call- Back time. Officer ----- had been properly relieved from duty. Mr. Lampert in a response to a pervious grievance made it quite clear that he did not intend to pay employees to walk out of the institution once they had been properly relieved of duty. With this being the case, Officer ----- was clearly called back to work.

Kevin Jackson, Union President, on my behalf , spoke with captain Maass about this issue. Captain Maass explained to him that he would look into this matter and get back to him. Kevin explained to Captain Maass that in accordance with the Labor Agreement there was a time limit placed on addressing grievances. Kevin then told Captain Maass that he would be willing to waive the time limits if it would help resolve this issue at the lowest step. Captain Maass agreed. Kevin continued to wait for several more days before he approached Mr. Lampert, Superintendent of SRCI, Kevin explained to Mr. Lampert the Unions position on this matter.

Kevin also informed Mr. Lampert that he did not intend to wait much longer before he would submit a written grievance.

On 10-02-00 Kevin spoke to Captain Maass about this matter once more.

Captain Maass made a representation to Kevin, that management did not intend to settle this grievance, but would let Mr. Brad Heath, Assistant Superintendent at SRCI, break the news to Kevin.

Applicable Violations: Article 17 Section 1. Article 10. And all other applicable Articles and Section that apply.

Adjustment required: The adjustments required are for Officer ------ to be paid in accordance with Article 17 Section 1. The Union also requires management to live up to its obligation of Article 10. Make Officer ----- and all other Similarly situated employees whole.

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Adjustment:

Letter dated 11-08-00

Dear Officer -------:

On October 5, 2000, Kevin Jackson, AFSCME President, served a grievance to Mr. Heath alleging a violation of Article 17, Section 1, and for management to live up to obligations of Article 10.

The grievance involved your assignment to a mandatory overtime shift on August 23, 2000, even though the grievance listed August 20, 2000 as the date of the violation.

The grievance was reviewed thoroughly and decision was made to resolve the situation as outlined in the grievance you submitted by paying you in accordance with Article 17, Section 1 of the collective bargaining agreement.

 I am attaching a copy of e-mail submitted by Jamie Maxfield, Payroll Technician, confirming that the adjustment has been made to ensure you are appropriately compensated.

I apologize for the slight delay in this response.

Sincerely,

Bradley Heath for R. O. Lampert.

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From: Jamie Maxfield

To: Officer -------

CC: Brad Heath, Jack Blankenbaker, Kevin Jackson

 I received the adjustment from the ISDS office to delete the .25 hours of OT and add 4 hours of UST. The adjustment has been made, and you will see this on the mid-month pay day.