Union Grievance Meeting

Yesterday we had a meeting with the LRU where a great many issues were addressed. I will outline what we know about each one(gonna be a bit lengthy) and where we go next. As you will see below, the LRU has a meeting with the NDOC and DD Shea on November 29th, to resolve many of these issues.

Wallet Badges- Many of you have seen the memo detailing how to obtain a flat wallet badge if you wish to purchase one. There is a slight legal disagreement on a minor wording issue on the acknowledgement form, but our position will be preserved by our attorney when he issues an email to the state. This issue is resolved.

COT's auto progressing at 6 months- The position of the LRU is that being hired prior to the contract becoming effective prevents those COT's hired before July 1st, from having their pay accelerated with respect to this provision. Our position is the opposite, if you're a COT during the time of the contract, you are eligible to auto progress to CO at 6 months. The LRU is under the impression that this issue was resolved in favor of COT's in this position receiving the auto progression. Due to the fact that all positions are budgeted for at a topped out C/O, the Director has the discretion to make this happen. This will be discussed on the 29th.

COT's recruitment bonus- This issue has been resolved and the installments should begin to show up for COT's during the next couple of pay periods. The code exists and is active for those who are eligible. This is not a code that you put on your timesheet, but after a LRU-5 form is completed and submitted, you should start seeing those bonuses. We were made aware that recently 200 LRU-5 forms have been completed and submitted on behalf of COT's. Issue resolved.

Specialty pay- There is a great deal of confusion surrounding this issue as DD Shea issued a directive not to use the special pay codes that are in fact active and available. The money is available and based on the cost projections discussed during negotiations, there are funded appropriations for the specialty pay. The other supporting factor is that the vacant positions that have existed since July 1st, provide more than enough money to cover any potential shortfalls from cost projections. Frankly, the LRU does not know why the DD is delaying this. According to DD Shea, she is getting "guidance" from the governors finance office. According to DD Williams, there is a budget for these positions, but they need to figure out how many positions will be covered within the budget. I offered to the directors to go through the data with my team and do the calculations for them, but I was turned down by DD Shea. It seems like this will hopefully be resolved very soon. This issue is set to be discussed on the 29th, with what seems like the LRU on our side.

Bilingual pay- The code exists and is available for use. I have been asked numerous times how to get certified by many of you. LRU stated that "a" supervisor who actually has direct knowledge of the use of another language and can attest to the employee using the other language 10% of the time or more, can file the LRU-5 form along with a memo stating the above information. This will make you eligible for the bilingual pay code. Issue resolved.

OT Lists available for review by officers- This issue should not be occurring, but for some reason these lists are not being made available to our knowledge. They could accomplish this in multiple ways. They could print the lists for review when you report to work. They could post the lists on Kronos. They could post the lists on the shared drive. They could email the lists to all staff. What we offered, as the most sensible solution, was to post the lists on Kronos or the shared drive, after they have updated the lists during the initial period of the shift. This would avoid officers being told or seeing that they are a certain number on the list and then later being informed they have moved up the list, thus reducing some of the conflict between supervisors and officers. This would also give supervisors an opportunity to make any corrections for seniority. The whole point of these provisions is for transparency and effective communication. This issue is set for discussion on the 29th.

PSDOT not being paid correctly- This issue has the potential to grow into a great big mess for the NDOC. Much like the muster pay lawsuit, this has potential Fair Labor Standards Act implications and the possibility to go back 3 years if not corrected. Currently the state is paying shift differential and shift differential overtime at the same rate. The shift differential overtime is supposed to be shift differential paid at time and a half or 7.5%. The LRU was not prepared to discuss this matter as they need further consultation with the AG's Office. Issue unresolved, pending further conversations.

Retention payments and Longevity Pay- These issues were not discussed as the LRU requested time to review further with the Governors Finance Office and the Attorney General's Office prior to any discussion. Issues unresolved.

Backpay for July 1st raises- The LRU is maintaining that 80% of the backpay for this issue has been processed and completed. They did want to relay that PERS contributions and other deductions should be considered when calculating what you may be owed for the underpayment. At this point, because we do not have any way to confirm proper amounts, the issue is resolved on the union grievance level. However, if you complete all calculations accurately and feel that you are owed more money, please file an individual grievance so that your situation can be reviewed individually. Reach out to one of your local union representatives for assistance if needed.

Backpay for stale claims- According to discussions, this process is extremely lengthy under perfect conditions. Currently central payroll is so short staffed, that this process is further exacerbated. Previously I compiled a list of stale claims that were owed and submitted it to NDOC. The LRU is asking that I compile a list of stale claims that are older than November 17th, 2022 and a list of those stale claims that are less than a year old. If you are owed money by the state from either category, please email me at lunkwitzfop21@yahoo.com a very brief description including the date of occurrence. I will forward both lists to the LRU so that hopefully, we can get further progress on your retro pay. There is discussion as to how our attorney will pursue this going forward if necessary. VP Thompson is leading the charge on another front by filing a Department of Labor Complaint. We will update you as we acquire more information. Issue unresolved.

Grievance access by Union in NEATS- The LRU is working to provide external access for approved union officials to view grievances filed within the bargaining unit. Issue unresolved.

We will continue to update you as we get more information. Thank you for your support and patience while we work to make this right for all of you. Be safe and take care of each other.