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A Communication of UFCW Local 1994 Vol. 2 No. 3 Fall/ Winter 2005
Gino Renne
Renne
Report
Your Voice on the Job: It Only Works If You Use It
L
ooking back over the history Do you have all the equipment you need to express your needs and preferences.
of Local 1994 it’s clear that to get your job accomplished? Do you I urge you to use those opportunities so
aggressive representation and need additional training to do your job that we will come out of bargaining with a
smart bargaining have paid terrific properly? Is there a security problem contract that we can all be proud of.
financial benefits for the workers we where you work? Do supervisors do the In the halls of county government,
represent. Regardless of the agency that right thing if somebody gets hurt on the this process will be closely watched by
signs your check—Montgomery County job? Are there problems with getting paid the media and your neighbors in the
Government, Housing Opportunity when you can’t work because you were community. There are people in the
Commission, Maryland National Capital injured on the job? Are there supervisors community and in government who are
Park & Planning Commission, or the who are bullies? Is sexual harassment dead set against unions and collective
Prince George’s County Memorial a problem? Is the agency wasting tax bargaining. One of them just happens to
Library System—union representation has money? Are taxpayers getting all the be the Governor of the State of Maryland.
improved your life. services they’re paying for? He and folks like him are ready to pounce
The financial benefits are obvious and The union contract can and should on us at any opportunity to either thwart
easy to tally. Over ten years, on average, address these issues, but only if you use the process or kill our union off altogether.
the workers we represent have seen your voice. Your union relies on you to If you believe in a voice on the job; if you
their wages rise significantly, outpacing report those problems to us—through your value the wages, benefits and working
inflation. But more important than wages, stewards. The steward is expected to know conditions that your union has helped to
your union contract sets the boundaries if and when an issue can be resolved on establish for you and your co-workers,
and defines the rules that we all live by on the spot, or when more formal procedures I urge you to follow these five rules to
the job. are needed, such as filing a grievance. ensure that you are part of the process:
Of course there are always rules at Stewards are the most important link 1. Do your job every day. Do it right and
work. Some of you may recall how those between union members and their union. to the best of your ability.
rules worked before Local 1994 came They have a tough job and they need your 2. Stay connected to your union. Watch
along. “The man” (bosses were almost support and your confidence to get it done. the Local 1994 website for bargaining
always men) wrote the rules. They Sometimes there are holes in the updates. Read the bargaining bulletins
interpreted the rules. They were judge, contract. Issues that we didn’t anticipate when you receive them. Talk to your
jury and executioner if they believed you sometimes arise, requiring us to negotiate stewards and your fellow members
broke the rules. There were no rules for new provisions—either as side letters about what’s going on. Attend
the man. during the life of an agreement or entire membership meetings and speak up.
When you’ve got a union, you write new clauses when the contract comes up 3. Keep in touch with your elected
the rules through collective bargaining. for renegotiation. representatives—members of the
You write the procedures for setting things We’re in one of our heaviest collective County Council and the State
right if the rules are broken. Both sides bargaining periods right now with seven Legislature—to let them know you
have to live by the rules. In other words, agreements up for renegotiation. As the support your union.
you have a voice on the job. Union President, I have a major obligation 4. Volunteer when your steward asks for
Big deal? You bet. to lead the overall bargaining. I share that help in enforcing the contract or as a
The rules set up systems for promotion, responsibility with the members who have member of a committee.
for protection against layoffs, and for volunteered to serve on the bargaining
5. Talk to your co-workers, family,
bidding on vacation time. committees. They, in turn, are aided by
friends, relatives and neighbors about
the stewards who are ultimately guided by
The collective bargaining process is your union and why you support it.
your voice. This is a democratic process
set up to solve problems: Do you need Union—It’s all about your voice on the
that offers plenty of opportunities for you
safety shoes or safety glasses on the job? job.
In This Issue
Vol. 2 No. 3 Local Link Fall/Winter 2005
Local 1994 Turns Out for George Leventhal ……… page 3
Municipal & County First Transit Drivers Vote “Union Yes” ……………… page 4
Government Employees
Organization/United Union Gets Action on
Food & Commercial Ventilation Problem at Black Hills …………………… page 5
Workers Local 1994
DOCR Officer Recovers With Help
President From Union Family ……………………………………… page 6
Gino Renne
New Faces at Local 1994 Headquarters …………… page 7
Secretary-Treasurer
Yvette Cuffie
MoCo Can’t Change Work Hours
Recorder Without Negotiations, LRA Rules …………………… page 8
Tyrone Wills
Local 1994 Grievance Log ……………………………… page 9
Vice Presidents
Lynette Andrews-Baker LRA Upholds Challenge to Attendance Rules
Anthony Chase at DOCR and Transit Unit ……………………………… page 12
Cynthia Carrington
Craig Longcor
Paulette Dudley
Greg Goebel New Home for Union in 2006
Barbara Jackson
Nelvin Ransome
Sue Smithers
Tony Thomas
Staff
Bob Stewart, Director of
Legislative & Community Affairs/
Director of Field Services
Jazmin Almonte, Administrative
Assistant/ Membership Services
Laura Boatright, Executive
Assistant to the President
Gail Heath, Field Representative/
Organizer
Andrea Hill, Administrative
Assistant/ Field Services
Randi Majors, Field
Representative/Organizer/ The Union will soon go to closing on the purchase of over 5,000 square feet of
Communication Coordinator
office space at 600 South Frederick Ave. in Gaithersburg. This was one of many
Doug Menapace, Organizing
goals that Local 1994 established when we proposed a dues increase.
Coordinator/Field Representative
Lydia Murray, Field Instead of a steady stream of resources going to rent, union funds will be used
Representative/ Organizer to create and maintain a long-term valuable asset.
Tania Quinonez, Receptionist
Editorial/Design
Kenefick Communications
The Local Link is published quarterly by Local 1994 UFCW Local 1994. Office
of Publication: Kelly Press Inc., 1701 Cabin Branch Rd., Landover, MD 20785.
The Local Link • Fall/ Winter 2005 1
Legislative
Report
Public Employees Face More
Threats to Rights on the Job
T
oday, only half the states in the network of state services that are supposed Karl Rove,
nation have laws on the books to enforce the minimum wage laws, job Vice President
establishing collective bargaining safety and environmental protections. Cheney and Presi-
rights for public workers. Maryland is When the General Assembly convenes dent Bush believe
one of that 25, but our ability to maintain in January, we will need to marshal every government has
that status is no stronger than our political vote for Maryland’s working families. only one function:
determination. You can bet Bob Ehrlich that is to hand out
Despite the startling $1 billion bud-
and his administration are prepared to test money to well
get surplus that recently materialized,
that determination in the next legislative connected fat cats
and corporations with Bob Stewart
Ehrlich has no intention of easing up on
session and in the general election a year
the tightwad agenda that he’s been push-
from now. no-bid contracts.
ing. There will be no additional funds for
Ehrlich’s opposition to workers rights Medicare, there will be no let up in tuition That’s probably not what the religious
should come as no surprise to anyone who increases. There will be no new expen- people who believe in the “compassionate
has been paying even passing attention ditures for public schools or anti-poverty conservative” slogan actually voted for
to the politics of our state. Right after programs. There will be no new programs when they pulled the Bush lever last year.
he took office, Ehrlich’s communication for children’s health care. That’s probably not what those well-in-
director told reporters that the Ehrlich tentioned folks were thinking when they
Working people are the target of a
administration will attempt to repeal as said they were voting for stronger family
Republican scorched earth policy authored
much pro-worker legislation as it can. values and character issues.
by Karl Rove in the White House and
That threat was not just intended for So, we’re warning you right now and
exported to any lawmakers and executives
teachers in Baltimore and state employees we’ll keep warning you. Be ready when
who will push it for him. Bob Ehrlich
in Annapolis. It is also directed against the the call goes out. Sign up for the Ac-
drank that Kool Aid, too. The idea is to
folks in Montgomery and Prince George’s tive Ballot Club. Be prepared to donate.
shrink government so thoroughly that it
County that we represent—librarians and Be prepared to mobilize. Be prepared to
will be incapable of helping people when
mechanics, deputy sheriffs and corrections march on Annapolis. Be prepared to stand
a crisis arises. Judging from the bungled
officers, housing counselors and recre- up for your rights, because if you won’t no
response by Bush’s cronies to the Gulf
ation workers—everyone we represent. one else will.
Coast hurricanes, it appears that they have
They will attack the workers’ compen- just about succeeded.
sation system, again. They will attack the
2 The Local Link • Fall/ Winter 2005
Labor for Levanthal
When union activists were looking for
a friend to stand up to the giant Comcast
Cable Corp. in Montgomery County,
George Levanthal stepped up, along with
fellow Council member Tom Perez. Their
help was needed to blunt the company’s
union-busting tactics. Recently, Local
1994 had the opportunity to return the
favor by supporting a Labor for Levanthal Montgomery County Corrections
event. Here are some scenes from that Shop Steward Alinda Nash with
M-NCPPC Vice President Lynette Andrews-
event. Montgomery County Council
Baker, Larry Dickter (VP, Montgomery County
Member George Levanthal.
Libraries) and Valerie Ervin (Montgomery
Gail Burke County Board of Education).
and Ruth
Blowe
(both from
Montgomery Field Representative Lydia
County Murray and Legislative
DHHS) Director Bob Stewart greet
flank Susan Montgomery County Board
Smithers of Education member Valerie
(PGCMLS) Ervin
Ehrlich—Running With the Big Dogs?
When it comes to beating up on work- • Implemented the infamous “Beck” secure quality treatment from physi-
ing folks, Maryland Gov. Bob Ehrlich is decision to undermine the ability of cians of their choice.
right up there with Arnold Schwarzeneg- unions to play a full role in the politi- • Vetoed fair share health care bill that
ger in California, Matt Blunt in Missouri, cal process. would require major employers in the
Mitch Daniels in Indiana and, of course, • Ordered the dilution of overtime cov- state to provide affordable health care
his good buddy, George W. Bush. All five erage—inviting employers to cheat coverage for their employees.
share the same conservative Republican workers out of premium pay for hours • Immediately after taking office, Eh-
playbook on labor policies: keep wages in excess of 40 per-week. rlich’s press secretary, Paul Shurick,
low, weaken unions, attack pensions and
• Repealed Davis Bacon coverage for told newspapers: “The new adminis-
collective bargaining. It’s almost as if the
workers engaged in hurricane recov- tration plans to strike down as much
five of them are competing for the title of
ery—Result: reduced wages. of the pro-union legislation as it can.”
“America’s stingiest chief executive.”
Bob Ehrlich Matt Blunt
George Bush
• Suspended 2 percent state workers Repealed collective bargaining by Mis-
• Within days of his first inauguration,
pay raise. souri state employees, rescinded collective
banned project labor agreements in
• Vetoed minimum wage increase. bargaining agreements previously negoti-
federal construction projects result—
ated for state employees.
cut wages for construction workers • Vetoed international trade jobs protec-
• Ordered an end to partnership tion bill. Mitch Daniels
agreements in federal employment, • Forced cost shifting of health care Issued executive order negating col-
muzzled voice on the job for rank and coverage to state employees. lective bargaining agreements for state
file federal workers. • Tried to close down Maryland employees.
• Repealed OSHA ergonomic enforcement offices that police
rules—erased 10 years of progress in minimum wage and prevailing wage Arnold Schwarzenegger
controlling repetitive motion injuries practices. Attacked state employee pension
and other conditions related to poorly • Allowed State Unemployment Com- system and health care coverage. Pressed
engineered workplaces and equip- missioner to try to bend rules to make voters to impose limits on political action
ment. it more difficult for injured workers to by unions and their members.
The Local Link • Fall/ Winter 2005 3
Organizing Update
First Transit Drivers Go Big for Local 1994
116-5 Vote Signals Menapace said. The strongest evidence the attention of the County Council, it was
Deep Union Support was the massive number of interest cards quickly remedied and the county agreed
signed by the drivers when the com- to grant recognition based on a card check
pany merged its operations in Prince rather than to demand an election.
George’s with its Kensington garage. Local 1994 Organizing Coordinator
First Transit moved into Montgom- Doug Menapace reported that more than
ery County in order to comply with a 98 percent of the unit signed authorization
county regulation that stipulated the cards once the process got started.
bus service operation had to be located
within the county in order to maintain Frederick City
its contract to act as a supplemental On behalf of Frederick City employees,
service to the county’s Ride-On system. Local 1994 worked to maintain a solid
The merger resulted in 95 drivers being majority on the Frederick City Board of
moved into the Montgomery County fa- Aldermen in advance of the elections.
cility. The local’s reputation for service “We are working with the candidates
Local 1994 supporters (from left) Max and responsiveness among the Kens- who appreciate the importance of repre-
Innis, Joseph Tambu, Felisberto Tome, ington drivers spread quickly to drivers sentation for city workers,” said Local
Monty Bennett, Frank Murga coming in from Prince George’s County. 1994 President Gino Renne.
Drivers employed by First Transit bus DOCR Sergeants “We retained Aldermen Marcia Hall
service in Prince George’s and southern and Donna Kuzemchak-Ramsburg, two
Montgomery County voted by 116 to 5
Back in the Fold;
strong supporters of collective bargaining
for representation by Local 1994, with 12 Card Check for Frederick City employees. We were
drivers casting “no-union” votes. Restores Union Coverage also able to elect David ‘Kip’ Coontz as
“This is a great indication of how Once the Montgomery County Coun- a third key vote to protect this important
strong this unit is,” declared Local 1994 cil clarified the representation rights for right. The union is hopeful that we will be
Organizing Coordinator Doug Menapace newly-designated sergeants in the Depart- able to secure a potenital fourth vote from
who headed up the organizing drive. ment of Corrections and Rehabilitation, a Alderman Alan Imhoff.”
The July 20th vote in an election con- full 98 percent of them signed “show of “The union can help Frederick City to
ducted by the National Labor Relations interest cards” in support of representation professionalize and modernize its services
Board was the final hurdle for the drivers by Local 1994. to residents, but we need a majority on the
who had stuck with Local 1994 through- Earlier this year, a reclassification City’s Board of Aldermen who recognize
out an eight-month battle that included procedure resulted in Master Corrections that unions have a valid role in the overall
charges and countercharges within the Officers being designated as Sergeants. administration of a modern, effective city
AFL-CIO bureaucracy as well as a fight to The new job title also entailed a change in government,” Renne said.
persuade the NLRB to conduct a represen- the scope of duties for the sergeants, pull-
tation election. ing them out of the bargaining unit.
It was clear from the outset that the vast When the lack of representation for the
majority of drivers supported Local 1994, approximately 44 sergeants was brought to
4 The Local Link • Fall/ Winter 2005
Ventilation Issues at
Black Hills Maintenance Yard
Safety experts from the Maryland Na- problems with fumes and heat build-up in Chism also said hoses installed to vent
tional Capital Park & Planning Commis- the facility which lacked exhaust fans. machinery exhaust while mechanics work
sion were called out to the maintenance According to a report filed by M- on equipment were too short to accommo-
facility at Black Hills Regional Park in NCPPC safety specialist Greg Chism, date the various work arrangements. “The
September to address complaints filed by the work bays had no openings to bring present configuration requires that some
the union regarding ventilation problems in cross ventilation. The vaulted ceiling equipment be moved into positions that
at the garage. lacked vents. create awkward working conditions.” He
Local 1994 Field Representative Lydia recommended that longer exhaust hoses be
Chism recommended the installation of
Murray said employees were experiencing installed to address the problem.
exhaust fans.
“We’re pleased that the safety depart-
ment responded to the worker concerns
quickly. Senior Risk Management Special-
ist Wanda Wesley-Major was sensitive and
very professional in dealing with what was
a serious problem,” Murray said, adding:
“Once again, we find that when there is
a positive relationship, we can get things
done without having to file a formal griev-
ance.”
Know Your Contract
When You’re
Case of the Missing Uniforms: Since last May, uniform orders filed by Maryland
National Capital Park & Planning Commission (M-NCPPC) personnel had gone Doing More
unfilled. In September, union members took their concerns to field representative Lydia
Murray who found that the stock clerk responsible for ordering uniforms had retired Than Your Job
in May and no one had been assigned to take the orders in her place. Murray brought
Did you know that there are two
the issue to the attention of Maintenance Division Chief Al Astorga, who acted to clear
“open window” periods—during the
away the backlog and secure the uniforms. Astorga told Murray that winter clothing
months of June or December—un-
orders were to arrive by the end of October. “We will be working with Park Managers to
der the contract to provide employ-
establish the need for our next order of clothing,” Astorga said.
ees the opportunity to seek reclas-
PGCMLS Wage Reopener sification of their position.
Language in both the Park and
Yields 3.5% Merit Hike Planning and Montgomery County
Government agreements provides: If
Local 1994 reached a tentative agreement on behalf of employees of the Prince a bargaining unit member believes
George’s County Memorial Library System that provides for a 3.5 percent merit pay his/her position is inappropriately
increase and a 2.5 percent cost-of-living increase. Employees who are at the top of their classified, a review shall be con-
pay range will receive a $400 bonus. ducted in accordance with adminis-
The bargaining team reached the tentative settlement on September 16th and it was trative procedures for classification
ratified by the membership on October 21st. actions. All requests for reclassifi-
cation shall be submitted in either
The agreement is pending approval by the Board of Trustees. June or December. A member’s
individual request submitted in June
Suspension Reversed for 1st Offense shall be completed by December
of the same year and a member’s
Management must offer diversion and employee assistance to employees found request submitted in December shall
in violation of substance abuse policies under the terms of the agreement between be completed by June of the follow-
M-NCPPC and Local 1994. The Local invoked that provision recently to persuade ing year.
management to rescind a suspension improperly issued to an employee who failed a
random drug test.
The Local Link • Fall/ Winter 2005 5
Spotlight 1994’s People
Hospitalized for Seven Months
‘Tremendous Solidarity From Co-Workers’
Aids Recovery for MoCo Correctional Officer
Bruce Crawford, a seven-year veteran
correctional officer at the Montgomery
County Corrections Facility in Clarksburg,
is back to work on light duty more than a
year after a near fatal motorcycle accident.
Crawford, who suffered massive in-
ternal injuries, broken ribs and collapsed
lungs in the July 9, 2004 accident, was
in “a near death state” for almost four
months. He was hospitalized for seven
months, undergoing multiple surgeries,
followed by months of rehabilitation.
At one point during rehab, the hospital
permitted Crawford a brief visit home to
see his wife, 10-year-old daughter and
two-year-old son. “Just coming through
that door was so emotional,” he says.
“I feel pretty healthy now. I went Bruce Crawford, flanked by Lt. Michael Macyck and Ofc. Michael Almy.
through days of flat lining and semi-con- “The big thing was my co-workers who took care of so many things for me
sciousness. It’s good to be back at work,” during that time,” Crawford said.
Crawford says.
Crawford remembers everything about
the accident, but almost nothing of the tal. “That was my wife’s idea. She knew I brothers and mom and dad—dropped their
intervening months of recuperation. couldn’t remember what they said.” day-to-day tasks to help the family, too.
“The big thing was my co-workers Crawford wasn’t aware at the time of Crawford still has a way to go be-
who took care of so many things for me just how much the other officers were do- fore he is fully recovered. He’s facing an-
during that time,” the upstate New Yorker ing while he struggled to stay alive. “My other surgery soon to repair damage done
says, adding: “I had been here when other wife explained it to me afterwards,” he by an eye infection he contracted while in
officers passed or were hospitalized and says. the hospital. He’s taking it all in, one day
saw how generous these folks are. I never at a time, and “just enjoying being alive.”
Co-workers donated sick leave,
thought I would experience it myself.”
came by to take care of the lawn and
A few days following the accident, of- house, played with the children, prepared
ficers at MCCF held a candlelight prayer meals for the Crawford family and “just
vigil for Crawford and his family. He showed me tremendous solidarity. It made
keeps a binder filled with the comments the healing process less difficult,” he adds.
and wishes of the co-workers who visited
Crawford’s extended family—
him during those long weeks in the hospi-
6 The Local Link • Fall/ Winter 2005
Shop Steward as
Problem Solver
New Faces
Cabin John Park Steward Stratton Josh Ardison—Field
French on what it means to be a stew- Representative/
ard: “I enjoy helping people and advis- Organizer
ing them of their rights on the job. It Josh Ardison graduated from
helps members become better employ- University of Maryland’s Baltimore
ees. And, we help management to solve problems.” Campus with a degree in Political
Science. He was appointed to the
Local 1994 staff as a field repre-
sentative in July. His assignments
include Montgomery County Fleet Management, Division
of Operations and the Department of Finance.
The former intern at the American Civil Liberties Union
and the Environmental Protection Agency put himself
through school while also volunteering on political cam-
paigns. Ardison volunteered with the John Kerry campaign
Veteran M-NCPPC member in 2004, Al Gore in 2000 and the 1996 Clinton campaign.
Lou Guerrero accepts He also worked on Paris Glendenning’s last campaign.
congratulations from co- A self-described “political junkie,” Josh was the vice presi-
workers at his retirement party. Inset, co-workers prepared this dent of the Talbot County (Maryland) Democratic Forum and
sign for Lou’s retirement hangout. organized the Talbot County chapter of the Young Democrats.
Jazmin Almonte—Member Services
Coordinator
Workers’ Comp Briefing After two years at the Local 1994
reception desk, Jazmin Almonte
recently took over as the union’s
Member Services Coordinator.
From her post, Almonte administers
the full range of benefit programs,
including supplemental health care
insurance, auto and life insurance,
optical care, the Union Privilege
credit card, merchandise and service
discounts.
“I probably field 20 to 30 calls a day from members
interested in using any of the benefit programs we offer,”
Almonte says.
Almonte attended UV College in Utah and is currently
Attorney Alan Gross meets with union members at the enrolled at the Germantown Campus of Montgomery Col-
Glen Ridge M-NCPPC Maintenance Center to review pro- lege. She is a Montgomery County native and a graduate of
cedures for workers’ compensation issues. “You have the Blair High School in Silver Spring, Maryland.
right to compensation if you are hurt on the job, but you
Tania Quinonez—Receptionist
have to report the problem or the incident with as much
detail as you can,” he tells workers. Tania Quinonez joined Lo-
cal 1994 in July. She worked as a
Sessions such as this are held throughout the M-NCPPC
researcher for Weststat, an internet
system to familiarize workers with their rights to compen-
research company before coming to
sation if they suffer work-related injuries. The union has
the local. Quinonez graduated from
scheduled a presentation for some 30 new employees dur-
Montgomery County’s Springbrook
ing a union orientation program set for October 27, from
High School and is currently at-
8:30-10:30 a.m. at the M-NCPPC Parks and Recreation
tending the para legal program at
Administration Building on Kenilworth Ave.
Montgomery College.
The Local Link • Fall/ Winter 2005 7
Grievance Log__ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __
Labor Relations Administrator Finds for Union;
Sends Scheduling Dispute to Grievance
Montgomery County Labor Relations For Strongin, management’s rationale to schedule, the balancing test must be
Administrator Andrew Strongin has vali- seemed like the splitting of hairs, and resolved in favor of bargaining notwith-
dated the union contract’s grievance pro- that’s what he said. The “apparent con- standing the fact that the matters over
cedure as the proper place to decide how flict” between the two interpretations is which the union seeks to bargain touch
to resolve a dispute over management’s resolved, Strongin said, by a close reading upon the right to schedule,” Strongin
unilateral change in employee schedules. of the so-called “management rights” wrote in his opinion.
The determination means that changes language. That provision prohibits agree- He found no indication that the union
to employee work schedules are a manda- ments that would “impair” the right of was seeking the “right to establish hours
tory subject for bargaining, overruling management to manage, he said. of operation or the number of employees
management’s efforts to keep the union “[T]he LRA concludes that if there to work at any given time. Indeed, the
out of such decisions. is no impairment of the County’s right union expressly disavows such intent.”
“The Administrator quite properly
agreed that the purpose of collective bar-
gaining is to provide a means for resolving
Grievance Yields Adjusted
employee concerns and balancing their
needs against the operational needs of the
Seniority For DOCR Corporal
employer. As he said, hours of work are a The Montgomery County Department of Corrections and Rehabilitation
basic part of the employment arrangement (DOCR) has agreed to settle a union grievance over access to a promotion board
and there is no valid reason to exclude that for officers on light duty.
aspect from the process,” declared Local DOCR credited Officer Alexander Pope, now Cpl Pope, with an additional
1994 President Gino Renne. seven weeks of seniority as a corporal, conceding that they had improperly denied
Hours of work are a “fundamental Pope access to the test. The change moves Pope seven weeks closer to his annual
concern of bargaining unit employees,” wage increase.
Strongin wrote, adding: “Such matters The Department also agreed to work out a policy statement on handling promo-
strike at the core of the employment tion boards in the future for personnel on light duty.
bargain, typically defined as an exchange
The union filed the grievance on behalf of Pope to contest the Department’s
of labor for pay and define the period of
failure to administer a promotion test for him when he was in a light duty status at
hours when an employee is required to be
the Montgomery County Detention Center (MCDC).
at work. Such matters affect all manner of
activities of an employees life away from Pope had been assigned to MCDC on June 28, 2004 after an injury. Although
work, including not only time spent at the Department convened two promotion boards during the time that Pope was in
leisure, but also work-related but nonethe- a light duty status, he was not allowed to participate in either one. When Pope was
less personal obligations such as arranging finally returned to full duty DOCR gave him the green light to take the test, which
for childcare and transportation to and he passed on Nov. 9, 2005.
from work.” The union grievance charged that DOCR’s refusal to give Pope access to the
The ruling came in a case involving board because he was in the light duty status was improper, according to Field
the County’s Fleet Management Division Representative Gail Heath.
and Local 1994. Despite a 10-year pattern Warden Robert Green agreed to settle the grievance, establishing the official
of negotiating over the establishment of date of Pope’s promotion at August 22, 2004, instead of the November 14, 2004
employee hours and days off, Division date that they initially established.
management in early 2005 decided to
alter employees’ work week. The union $7,000 in Back Pay
filed a complaint with the Labor Relations
Administrator in April 2005, alleging that for Acting Administrator
management was engaging in prohibited
personnel practices because it refused to Congratulations to Daedra Conners. The newly appointed administrator at the
engage in bargaining over the changes. Department of Corrections and Rehabilitation training center was awarded $7,000
in back pay at the behest of Local 1994. Although her promotion has since taken
Management sought to deflect the her out of the bargaining unit, Conners was covered by the union contract when
charge by citing provisions of the agree- she was given a special post assignment at the training academy to replace Capt.
ment which, they maintain, permit Gary Hunt when his contract expired.
changes in “scheduling” as long as those
changes are within the scope of the ne- Local 1994 Representative Gail Heath filed a grievance on behalf of Conners to
gotiated framework of hours previously secure the additional pay to compensate her for working out of her classification.
negotiated. Conners was formally appointed to replace Hunt last April.
8 The Local Link • Fall/ Winter 2005
_ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _ Grievance Log
Employer/
Staff Brief Description of Grievance Status
Department
Employer failed to notify employees of vacancy
Resolved at Step III(no dec) Dept will post all new vacancies
announcement. Dept. asserts that employees
and email info to staff. Union and Dept will have regular
Majors DHCA were told on the job line but employees claim that
LMRC’s and the Dept. Will allow the Union to participate in staff
they were unaware of job line. In the past they
meetings
were notified in person.
Resolved employee will be moved to a diff supervisor at same
Majors MC-HHS Discrimination and harassment by supervisor.
location
Dept. attempted to relocate center employees
MC-Recreation Resolved - Recreation Specialists allowed to remain at centers
Majors arguing that center operations required lesser job
Dept. (no movement)
class than currently existed.
Failure of Dept to pay overtime/stand-by/callback/
MC-Recreation
Majors shift diff to employees for period of the contract Dept. will pay four (4) employees back pay to June 2002
Dept.
2001-2004
Dept delayed service increment based on
approved absences incorrectly contained in
Majors MC-HHS Resolved - Dept. will not delay 90 days but will for 45 days
performance evaluation. Dept documented based
on 75% of absences not 50% per contract.
Employees unnecessarily asked if they needed all
MC-Transit of the time requested for sick leave. Told to use
Majors Advanced to Step III 6/8/05
Services annual leave in excess of 4 hours of requested
sick leave.
Employee unfairly denied the opportunity for ADR
MC-Urban
Majors (county has never denied a person the opportunity Employee resigned in lieu of termination.
District
for ADR in the past)
Alleged to have given a cell phone (contraband)
Heath MC-DOCR Settled - allowed to resign in lieu of termination
to an inmate.
Hearing held; and settled in the officer’s favor making him draft
Heath MC-DOCR Retaliation claim.
exempt to care for his father.
Retaliation; Best-qualified person not selected
for promotion. New positions were created w/o
Heath MC-Solid Waste Waiting for Step III decision
union knowledge, which resulted in a ULP that the
Union won.
MCO seniority - well qualified & qualified
Heath MC-DOCR Settled
promoted on same day.
MC-Dept. Of
Acting pay. Reorganization resulted in more level
Facilities
I employees (HVAC, carpenters, etc.) working on
Heath and Step III held awaiting decision, still pending
own and making decisions, etc. II’s have done
Maintenance
before.
Operations
Acting pay. RSII’s were assigned cases at PRC to
Heath MC-DOCR Step III held, awaiting decision
cover for the extended absences of a CSII.
MC-Tech
Heath Discrimination. Settlement agreement aigned
Center/DPW&T
Heath MC-DOCR ADA violation. Filed for Mediation. Pending potential settlement.
Heath MC-DOCR Denial of longevity increment. Settled - Receiving retro increment
Reinstated after wrongful termination. Seeking to
Heath MC-DOCR Step III held 8/11/05 and awaiting decision
be made whole
Acting pay. Took over duties of training mgr. once
Heath MC-DOCR contractors term ended. Received settlement for 1 Settlement reached so grievance has been rescinded
year of acting pay on 6/10 for about $7,000.
The Local Link • Fall/ Winter 2005 9
Grievance Log__ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _
Abusive supervisor, breach of confidentiality.
MC-Permitting
Heath Supervisor calling people out sick asking Step III held 8/10/05; awaiting decision
Services
questions about medical condition.
Heath MC-DOCR Alleged to be lying during an investigation. Settlement reached
Heath MC-DOCR AWOL charge. Advanced to Step III 5/2/05; maybe a possible settlement
Discrimination - gone on and off well-qualified list
Heath MC-DOCR Step III postponed; no new date
for positions in DOCR.
Attendance policy - days granted permission to
Heath MC-DOCR Step III re-scheduled but no new date.
leave facility counted as occurrences.
Heath MC-DOCR Retaliation. Step III held 8/25/05; awaiting decision.
Attendance policy - days granted permission to
Heath MC-DOCR Moved to Step III 7/1/05; waiting on hearing date
leave facility counted as occurrences
Heath MC-DOCR Termination. Requested Step III hearing; waiting for hearing date
Heath MC-DOCR Special Assignments. Advanced to step III 6/30/05
Withdrawn because the parties have reached an agreement.
Employee’s promotion was delayed because of
Heath MC-DOCR Moved back to when he was eligible while on light duty, formal
him being in a light duty status.
light duty promotion policy coming
MC-DPW & Management decided to change the number
Heath T/Solid Waste of Code Enforcement Inspector’s II’s working Moved to step III
Div holiday/slide weeks.
Sick and AL being inconsistently approved
MC-School
Cuffie resulting in discrimination of employees in the Advanced to Step III 12/28/04; waiting for hearing date
Health
same job class
Employee was not given the opportunity to
MC-Police
Cuffie receive fair and appropriate consideration for this Settlement mtg held and awaiting OHR response
- Forensics
higher level position.
MC-Victim’s Denied compensation for mandatory stand-by.
Cuffie advocate Dept will only pay back from date of grievance Moved to Step III 10/14/04. Waiting for OHR scheduling
Section filed.
MC-Police Employees worked on call and were not
Cuffie Victims compensated for 3+ years. County will only pay Expedited to Step III 10/15/04
Advocate starting the date the grievance was filed
Tire blowouts in the service lanes and bus
operators being assessed points behind it. New
Advanced to Step III 12/8/04; working with management to
Cuffie MC-Ride-On lower buses and smaller tires coming in contact
resolve - being held in abeyance
with the curb. Entrance way revamped no further
blowouts.
MC-Police Denial of Shift Diff to PT I’s and II’s for all hours
Cuffie Mediation requested 7/28/05
- ECC they are eligible to receive them
Advanced to Step III 2/17/05; waiting for hearing date (Pending
Cuffie MC-Police Multiple employees were denied meal allowances
possible settlement)
Cuffie MC-Police Disciplinary Case Went to ADR
Employee terminated for inability to do his job.
Cuffie MC-Ride-On Step III held June 24, 2005; case closed.
Already files a workers’ comp case.
Management is misinterpreting the language for
Step III held 6/3/05 but being held in abeyance for 60 days in
Cuffie MC-DPW & T the Attendance policy. Inconsistent application of
order to meet and come up with a plan
policy.
Terminated improperly while on long term
Cuffie MC-Ride-On Termination rescinded. All benefits restored May 2, 2005
disability.
10 The Local Link • Fall/ Winter 2005
__ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _ Grievance Log
MC-Police
Cuffie Employee is being harassed and verbally abused. Filed 7/18/05 ; waiting for departmental response
(Forensics)
Received penalty points for an accident where
Cuffie MC-Ride-On Advanced to Step III 8/15/05.
there was no contact made.
Management violating the FLSA and the
Cuffie MC-DHHS Awaiting departmental response.
Collective Bargaining Agreement.
Management violated employees right to safe
Cuffie MC-DHHS Awaiting departmental response.
working conditions.
Grievance filed for putting employee on a work
improvement plan without first following proper
Stewart MC-Libraries Resolved 7/1/04 with the W.I.P. being rescinded
procedures outlined in the Collective Bargaining
Agreement
Grievance filed for improper imposition of sick
Stewart MC-Libraries Resolved Feb ‘05. Restriction rescinded.
leave and “annual” leave restriction
Grievance filed to stop DPL from using privately
raised funds to pay for installing additional “self-
Stewart MC-Libraries Settled discussions pending.
charge” machines @ the Gaithersburg Library,
thus displacing merit system employees.
Grievance filed to prevent DPL from imposing a
5% reduction in salary upon voluntary demotion, Employee received retroactive 3-grade promotion to top of
Stewart MC-Libraries
since voluntary demotions should be “without grade.
prejudice”
Grievance filed to require good faith bargaining
Stewart MC-Libraries Awaiting step III response.
over “effects” of D.P.L personnel actions.
MC-Park Police
Murray Employees denied training pay Two police dispatchers received full back pay.
Park & Planning
MC-Cosca
Employee denied representation when recieving
Murray Regional Park Employee completed PIP and job saved.
his performance review and appraisal.
Park & Planning
MC-Randall
Murray Farm Park & HVAC Mechanics denied stand-by pay Stand by pay won.
Planning
MC-Office/
The Commission and the Union agree to perform another desk
Murray Clerical Park & Administrative reclassification of 7 employees
audit and generate an individual report.
Planning
Harmony Hall
Received $500 recognition awarde and filing for re-
Murray Regional Ctr. Denied acting pay for working out of class
classification.
Park & Planning
Air Quality - Members were using their own time
Menapace HOC Resolved - the Dept. Fixed the air problems
because of sickness due to air quality
Termination - a 30 day suspension because of
Menapace HOC violation of ethics code by having secondary Resolved with a settlement agreement
employment
Employee has been forced from current position
Menapace HOC of regular part-time status to either a temporary Advanced to Step III 9/1/05. Waiting for hearing date.
or full-time.
Notice of termination for allegedly falsifying
Menapace HOC Step III 8/26/05. Awaiting for response.
employment application.
Received mostly successful performance
Advanced to Step II 8/22/05 and awaiting response from Lillian
Menapace HOC evaluation citing attendance and customer
Durham.
service, denied service increment.
The Local Link • Fall/ Winter 2005 11
Developments in Pension World Underscore
Importance Of MoCo Employee Control
Over Supplemental Pension Fund
Earlier this year, Montgomery County Publicity about pension troubles for suggested cutting future benefits and pro-
agreed to the union’s position that private sector employers add pressure posed a ballot referendum to accomplish
employees should have control over the on elected officials to clamp down on or the goal.
administration of their supplemental re- cancel pension benefits for public workers Public employee retirement benefits
tirement savings program. Developments as well. In California, Republican Gov. will always be a political football, but
in the area of retirement security since that Arnold Schwarzenegger started a major more so as the Baby Boomer generation
time have underscored the importance of battle with California teachers when he nears retirement.
that breakthrough.
In recent years, employers and conser-
vative policy makers have tried to shift all
the costs of retirement security to work-
CAO Decision Partially Upholds Union
ers by substituting 401(k) and other types Challenges to Attendance Rules
of defined contribution plans to replace
defined benefit plans. The result has been Montgomery County has agreed to ease notice before the end of your shift is
a dramatic drop in the number of workers up on attendance policies for employees required.
covered by defined benefit plans—from of the Department of Corrections and Re- The Departments agreed to make-
40 to 20 percent over the past two de- habilitation and Transit Services based on whole remedies for any employees who
cades. the outcome of a grievance filed by Local were harmed because of the improper
1994 earlier this year. interpretation of the attendance policy.
The CAO decision mandated three Employees from either of the departments
specific remedies to temper the contro- who have been negatively affected by the
Inquiry versy caused by a pilot program that was policy should contact Yvette Cuffie (Tran-
supposed to be designed to address leave sit Services); or Gail Heath (DOCR).
Nets $500 abuse by just a handful of employees. The grievance settlement was only a
Performance Instead, the union charged, numerous
employees found themselves running into
partial victory for the union. Four union
charges were turned down at the Third
Award trouble with sick leave issues because the
two departments were interpreting the
Step and the union intends to pursue those
claims in mediation as the next step of the
Marjorie Brown was doing more policy inconsistently. grievance procedure requires.
than her own job when she handled Local 1994 Secretary-Treasurer Yvette The attendance policy is a 24-month
additional duties for an absent Cuffie said the Step 3 decision specifically pilot project that started in July 2004 “to
supervisor in the Art Department requires supervisors to stop: encourage attendance and to promote an
at the Harmony Hall Recreation • Routinely refusing advance requests effective and efficient working environ-
Department. Brown passed the word for sick leave; ment,” the County said.
to the union, seeking advice. Local
• Filing AWOL charges and disciplin- Among other things, the policy, which
1994 filed a grievance which opened
ary actions against employees who are was applied to both DOCR and Transit
up a discussion with management
not already in the disciplinary track Services, was designed to address patterns
at the third step of the grievance
outlined in the attendance policy; and of seven or more unscheduled absences
procedure.
• Requiring a doctor’s verification for over a six-month period, or a series of
It was at that point that manage- three or more unscheduled absences
ment agreed that Ms Brown’s work multiple-day absences from em-
ployees not in the disciplinary track. around weekends. It is also supposed to
deserved recognition—$500 worth send up red flags when sick leave usage
under the Performance Reward Employees complained that, unless
they secured a doctors note, they were by an individual employee exceeds the
Program. The settlement offer satis- bargaining unit average by 10 percent in a
fied Brown who also expects to file being charged with a separate absence
for each day of leave even when the bi-weekly period.
for reclassification under Article 25,
leave was attributable to the same Management disagrees with union
Sec. 1, of the M-NCPPC contract
illness. complaints that the policy violates past
when the window period opens in
• Supervisors refusing to accept notice practices in regard to excused/unexcused
December.
that an employee would be out sick tardies. The union intends to pursue those
for the next day when giving 24-hour and other issues which were denied at the
Third Step.
12 The Local Link • Fall/ Winter 2005
Secretary-Treasurer
Report
Yvette Cuffie
Success Happens When We Tap Our
Best Resources: Our People
Public opinion is an important consid- for public education; for job safety; for happen in county government offices.
eration in community life. If an organi- the minimum wage; for family leave; for That’s a hard attitude to change be-
zation like ours wants to accomplish a equal opportunity on the job; against child cause, on the surface, it makes sense. But,
goal—whether it is the negotiation of labor; and against sweatshops. Labor has look beneath the surface and it’s clear that
a new contract or the mobilization of been a reliable and vocal ally for the civil bosses in non-union workplaces don’t like
our members to support a candidate for rights movement, for women’s rights and unions precisely because we’re a chal-
political office—we need to know how to protect the environment. Yet, when lenge to their bottom line. And, they’ve
the larger community views us, our goals Americans are asked if we help or hurt either got to fan the flames of resentment,
and the means we use to accomplish them. workers who are not union members, more or try to improve standards and working
Once we know how they feel, we’ve got than half believe the negative. conditions to keep a good workforce. It’s
to take steps to influence that opinion in That tells you something about how cheaper to take the low road. Judging by
support of our objectives. hard it is to shape public opinion. We need the survey results, it’s also effective.
That’s why we’re encouraged when we to do a better job of explaining what we But, we have some weapons in our
read the results of surveys that say, time do. arsenal, too. Over the years, unions have
after time, American workers would join a It’s also a compelling argument for spent a lot of money trying to promote our
union if they had the opportunity to do so. more aggressive organizing. It seems ideas and advertise our services the same
For example, a 2003 survey by the obvious that if most workers want union way that cars and cornflakes are sold. That
prestigious Gallup organization found representation and most of them believe hasn’t been too effective. We have had
that more than three quarters (76 percent) we’re doing a good job for our members, more success when we tap into the best
of all Americans believe unions mostly down deep, they’d like to be part of what resource we have: our people. When we
help their members; and more than half we have. ask our members and their families to talk
(54 percent) believe unions help the U.S. Many working people who are not up our issues; when we ask union families
economy in general. union members feel resentment toward to explain what union representation has
It’s disturbing, though, to read fur- their union counterparts because they meant to them—in terms of job security,
ther down in that same survey and find believe that they lose when we win. That’s economic security and quality of life—we
that less than four in ten Americans (36 what their employers tell them. You’ve find that their friends, neighbors and rela-
percent) believe that unions help workers probably heard a boss say that a time or tives understand and believe.
who are not members of unions; and more two yourself. The new union wage scales But, maybe it’s more important to
than half (54 percent) believe unions hurt come out or a contract settlement is an- transform those non-union workers into
workers who are not members. nounced in the paper and the boss waves union workers by organizing them.
For more than 100 years labor has led it under the nose of unrepresented workers
the fight for progressive issues in Ameri- and says something like: “Well it’s coming
can society: for the eight-hour day; the out of your pocket.” Conversations like
five-day, 40-hour week; for overtime pay; that happen in Wal-Mart stores, and they
The Local Link • Fall/ Winter 2005 13
Request for E-Mail
Are we in touch with you? You can
reach Local 1994 staff via E-mail us-
ing the following format: first initial,
last name@MCGEO.org. For ex-
ample, President Gino Renne would
be GRenne@MCGEO.org. Field Rep-
resentative Randi Majors would be
RMajors@MCGEO.org.
Have a Story to Tell?
The Local Link is always looking for
good stories, especially those that fea-
ture Local 1994 members. Do You have
an unusual hobby, or an interesting job?
Whatever it is, let us know about it! Con-
tact Field Representative Randi Majors at
301-977-2447.
It Pays to Be Union!
Your union has negotiated special
members’ only benefits on vacations in the
Bahamas and at the Disney World Hotel.
We’ve also got year-round discounts at
King’s Dominion, Hershey Park and Six
Flags and car rentals from Avis and Bud-
Remarks for Good and Welfare get. Local 1994 Membership Coordinator
Jazmin Almonte is standing by to answer
Condolences: To the family of Craig Scott (DOCR) who passed away after a heart your questions—(301) 977-2447.
attack.
Local 1994/UFCW Local 1994
Prstd First Class
108 Olde Towne Avenue U.S. Postage
Suite 13 PAID
Gaithersburg, MD 20877 Washington, DC
Permit No. 3070
