Teamsters Local 320 Winter 2014 Newsletter

LOCAL

INTERNATIONAL BROTHERHOOD OF TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES’ UNION

320Winter 2014 Edition Volume XVII - Issue #1

IN THIS ISSUE... 2. Secretary-Treasurer’s Report, Brian Aldes 3. Vice President’s Report, Sami Gabriel 4. President’s Report, Joanne Derby 5. Arbitration Update, Paula Johnston 6. MSUAASF: Protecting Our Pattern 7. Everyday Teamster Heroes

MINNESOTA TEAMSTERS LAW ENFORCEMENT LEAGUE

PAGE 4: Looking for 1934 Teamsters Strike Descendants

PAGE 7: Capitol Teamster and Legislative Updates

LOCAL 320 SECRETARY-TREASURER’S REPORT

SURVIVING THE ATTACK!

By Brian Aldes

The Minnesota Teamsters Law Enforcement League (MNTLEL) is a fra-ternal, non-partisan division of Teamsters Local 320. It advises

the Local Union on legislative, training and representational issues affecting law enforcement officers (LEOs).

This Febraury MNTLEL facilitated a training for LEOs on responding to critical incidents in the line of duty. The day-long course was titled “SURVIVING THE ATTACK.” Tom Schlieman, St. Cloud Police Department, instructed the training and provided excel-lent examples and course material for the attending LEOs.

Tom began his career as a police officer for the City of St. Cloud Minnesota, in 1989. Since then, he has served in many capaci-ties, including FTO, Firearms Instructor, Ar-morer, S.W.A.T. Team Member, Basic and Advance S.W.A.T. Instructor for S.O.T.A. He has also served on the Board of Direc-tors and the Executive Board S.O.T.A. As a survivor of two fatal deadly force encoun-ters, Tom is a two time recipient of The Medal of Valor. Tom’s current assignment at the St. Cloud PD is in the special units working with the Housing Redevelopment Authority investigating civil and criminal cases in low income crime free housing.

Tom’s training seminar, “SURVIVING THE ATTACK,” is a law enforcement presen-tation designed to prepare all LEOs for surviving a deadly force encounter. Tom’s presentation goes beyond the normal mandated officer survival training. Officers learn how to prepare physically, and more importantly, mentally for a deadly force encounter.

OFFICERS AND STAFF

Brian AldesSecretary-Treasurer and

Principal OfficerJoanne Derby

President/Business AgentSami Gabriel

Vice President/Business AgentCurt Swenson

Recording-Secretary/Business Agent

Marcia (Marty) LambTrustee, St. Paul ISD 625

Richard WheelerTrustee, MSUAASFAlston Dutchin

Trustee, U of MPaula Johnston

General Counsel

Local 320 Business AgentsAmy Hill

Craig JohnsonMichael KoppRoger Meunier

Terry NeubergerVance Rolfzen

Kari SeimeErik Skoog

Communications | LobbyistGus Froemke

Support StaffSusan Bastian

Ron PhillipsSuzanne Slawson

Joni SpauldingKristi ZieglerKatie Ziembo

Minneapolis, MN Local Union Office8:00am - 4:00pmP: 612-378-8700F: 612- 331-8948

Toll Free1-800-637-5430

Onlinewww.teamsterslocal320.org

[email protected]

Published by Teamsters Local 320

3001 University Ave SE #500Minneapolis, MN 55414

In the afternoon, investigators from the Bureau of Criminal Apprehension (BCA) discussed the typical protocol for LEOs after a critical incident. The BCA will inves-tigate a critical incident and use of force by an LEO if they are requested by the cor-responding department. The BCA is able to navigate the crime scene, the interviews and the media response for a department.

At the end of the training, Local 320 Gener-al Counsel Paula Johnston discussed how Teamsters Local 320 support LEOs after a critical incident and how all Teamster LEOs should be familiar with the MNTLEL Critical Incident Hotline: 1-800-206-1491.

Another important item I recommend for Teamster LEOs is the National Teamsters Legal Defense Plan.

As a dues paying LEO of Teamsters Local 320, you can enjoy the security of Teamsters Legal Defense Plan. As long as you’re acting in the capacity of an LEO, you’re covered whether you’re on or off duty -- and no one votes to determine if you will be represented. You’re always 100% covered regardless of the final cost of representation.

For more information on MNTLEL and the defense plan go to our web site: www.teamsterslocal320.org/mntlel

Left: Local 320 Business Agent Terry Neuberger, Tom Schlieman and Secretary-Treasurer Brian Aldes

TEAMSTERS FOR MARK DAYTON

LOCAL 320 VICE PRESIDENT’S/ DRIVE REPORT

By Sami Gabriel

On December 17th, 2013 Teamsters Joint Council 32 announced its unanimous endorse-ment of Mark Dayton for re-election as Governor of Minnesota at the Teamsters headquar-ters in Minneapolis.

During Governor Dayton’s last three years in office over 123,000 new jobs have been created. Additionally, many companies have decided to expand their operations here in Minnesota rather than leaving the state.

Governor Dayton has been a champion for Minnesota public employees and public sec-tor jobs. Mark Dayton’s biennial budget put money back into K-12 and higher education, the judiciary, law enforcement and state aid to local governments.

Governor Dayton supports organized labor and the right of Minnesota citizens to col-lectively bargain with their employers. When Tea Party zealots came after Minnesota’s labor unions with a Right-To-Work (For Less) scheme, Governor Dayton said:

“‘Right to work’ states that employees can-not be required to be union members or ‘fair share’ as a condition of employment, it al-lows workers to opt out of the union or paying fair share fees. Supporters also refer to the amendment as ‘employee freedom.’”

“Employee freedom? Freedom to work for substandard wages! Look at the states that have ‘right to work’ and compare their salary wage levels with states that don’t. The states that don’t have higher standards of living for their people. Better education systems. Better opportunity for people to at least negotiate for decent wages and retirement benefits and health care and the like.”

Left: Lt. Governor candidate Tina Smith (Governor Mark Dayton’s running mate) with Local 320 Vice President and

Joint Council 32 DRIVE President Sami Gabriel.

When anti-government, anti-union lawmakers came after public employees’ union contracts with an at-will bill in 2012, Governor Dayton vetoed the legislation and said, “I have vetoed and am returning Chapter 245, House File 1974, a bill relating to collective bargaining. The Legislature is well aware that I op-posed, and will continue to oppose, unilateral changes to the collective bargaining process. This bill undermines contracts, which are collectively bargained by employees’ elected representatives...”

Governor Dayton is a friend of Minnesota law enforcement and public safety officers.

In 2011 Governor Dayton signed House File 141/Senate File 121 into law to increase the penalties for people who injure or kill police or other public safety dogs. In 2013 he signed into law a bill that makes it a gross misde-meanor if someone makes or initiates a false 911 call. Three or more infractions would be felonies.

ORGANIZING IS TEAMSTERS BREAD & BUTTER

LOCAL 320 PRESIDENT’S REPORT

By Joanne Derby

Teamsters Lo-cal 320 is off to a great start for 2014! Already we have or-ganized two police departments!

Licensed officers from the City of Rog-ers Police Department voted over-whelmingly to join Teamsters Local 320. The bargaining unit is comprised of 10 Police Officers.

Police Officers at the City of Ada ap-proached Local 320 regarding organi-zation when they couldn’t get a contract with their previous labor association. The two Police Officers from Ada are now Teamsters.

Teamsters Local 320 welcomes the new units into the powerful Teamsters Union. But we are not done!

In the coming year we are going to ramp up our organizing efforts to grow our Local Union and increase our economic and political strength.

We are requesting Local 320 members provide us with organizing leads and to openly solicit workers to join our Union.

Also, our Local Union web site now has page were public employees interested in Teamster membership can go to ask questions and request advice.

If you know of any Minnesota public employees who are interested in Team-ster membership please send them to our “Join Page” on the Local 320 web site. www.teamsterslocal320.org/join

“If we’re all together and we start to organize, you’re going to see the Teamsters Union start to bloom.” -JAMES P. HOFFA, TEAMSTERS GENERAL PRESIDENT

ARE YOU OR DO YOU KNOW A DESCENDANT OF A 1934 TEAMSTERS STRIKE PARTICIPANT?

2014 marks the 80th anniversary of the historic Minneap-olis strikes of truckers, helpers and inside workers, led by Teamsters Local 574. In anticipation of 80th anniversary commemorative events, this summer, a strike participants Descendants Group has formed. This group is looking for descendants, for shared history, memorabilia, remem-brances and stories. If you are a descendant of a strike participant or can help locate descendants, e-mail Gladys McKenzie at [email protected]

ARBITRATION UPDATE: GENERAL COUNSEL

By Paula Johnston

Teamsters Local 320 won an impor-tant victory in arbi-tration in January. In Teamsters Local 320 and the City of Prior Lake, BMS Case No. 13PA0756 (Johnson, 2014), the Local argued that the City violated the Sergeants contract

when it refused to pay a newly promoted ser-geant education incentive pay. The Arbitrator agreed, and ordered that the grievant receive back pay equal to twelve percent (12%) of his base pay plus longevity from the date of his promotion in December 2012 to the present and that he continue to receive the additional twelve percent (12%) incentive pay.

During negotiations for the 2009-2011 con-tract, the City proposed the elimination of the education incentive pay benefit, which provides sergeants with an additional three, six, nine or twelve percent of pay based on their level of education. The Local rejected the City’s proposal, and the parties eventually entered into mediation. An agreement was reached whereby new hires only would not receive educational incentive pay. The City drafted the language which became a part of the contract to read that “new members of the bargaining unit hired after January 1, 2009 are not eligible for education incentive pay.” The language has remained in the contract since 2009.

In December of 2012, a Prior Lake police of-ficer was promoted to a sergeant position. As an officer he had been receiving education incentive pay at the rate of twelve percent (12%) of his base pay rate plus longevity. At the time of his promotion, the City informed him that it would no longer pay him the incen-tive pay.

The City argued that he was a new hire, de-spite the fact that he had been working for the City for many years. The Local filed a griev-ance on his behalf.

At the arbitration, the City argued that the parties agreed during mediation that all new members of the bargaining unit, regardless of their date of hire, would be ineligible for edu-cation incentive pay. The Local was able to successfully contradict that argument, in part through the testimony of two of the sergeants who were present during the mediation, who each stated that the parties agreed that only new employees hired after January 1, 2009 would be ineligible. They testified that the Lo-cal had not – and would never have -- agreed that all new members of the bargaining unit would be ineligible for the incentive.

The Arbitrator determined that two reason-able interpretations of the language could be made, and therefore it was ambiguous. He went on to determine that the language should be interpreted against the drafter – in this case, the City. If the parties had in fact negotiated the elimination of education incen-tive pay for all new members of the bargain-ing unit, regardless of their date of hire, the City could have drafted language to that effect. It did not do so, however. The lan-guage specifically states that new members of the bargaining unit hired after January 1, 2009 would not receive education incentive pay. Since the grievant was hired well before January 1, 2009, he was eligible to continue to receive education incentive pay as a sergeant.

We are extremely pleased with the decision. The sergeant will receive his well deserved education incentive pay, as well as back pay for the period in which the City refused to comply with the contract. We congratulate him and his fellow bargaining unit members on this significant victory.

Teamsters Local 320 members of MnSCU (MSUAASF) are in a political/legislative race to protect the pattern which establishes their economic settlements.

Last year the State settled with AFSCME and MAPE to provide a three percent across the board increase plus step increases to eligible employees resulting in an estimated increase in total compensation costs of 3.6 to 3.9 percent. Over the past several years the State settlement with AFSCME and MAPE has set the collective bargaining pattern for all other MnSCU employee settlements. Please note, pattern bargain-ing is the most efficient and accountable way labor unions raise standards for a particular industry or employer.

The Administrative Service Faculty (ASF) repre-sented by Teamsters Local 320 has been offered by MnSCU through collective bargaining a mere 1.87 percent increase in total compensation! The ASF negotiations team has informed MnSCU that it will not accept a substandard settlement. MnSCU has time and time again informed us that they simply do not have the resources to fund a comparable settle-ment without pursuing layoffs or closures of schools.

Teamsters Local 320 and MSUAASF cannot and will not support a settlement that undermines public employment, economic recovery and student oppor-tunity. That is why we are collaborating with MnSCU to find an alternative to substandard settlements without harming higher education.

MSUAASF members are encouraged to sign up for Teamsters Local 320 Action Alerts. You can find the sign up page on the Teamsters Local 320 web site:www.teamsterslocal320.org

Teamsters Local 320 and MSUAASF support ad-ditional funding in Governor Mark Dayton’s supple-mental budget for MnSCU employee settlements. Through the supplemental budget process and by freeing up money tied to so-called “riders”, MnSCU and Teamsters Local 320 hope to find an accept-able settlement for MSUAASF, MSCF and IFO.

Please visit the MSUAASF web page on the Team-sters Local 320 web site for updates. We will call on members of MSUAASF to support our collaboration and lobbying efforts.

EVERYDAY TEAMSTER HEROESTeamster and Min-neapolis Public Schools employee Timothy Ross is an everyday hero.

On December 4, 2013 Ross was de-livering mail for the Minneapolis School

Board when he spotted some smoke coming from a residence and immediately called 911 and informed the residents that their home was on fire. They were unaware of the fire.

“As I got turned on Freemont over there by 33rd go-ing up the hill, I noticed some smoke and I said, ‘This is no chimney smoke. This is a fire,” Ross recalled.

Ross helped the young family inside to safety and they sat with him in his mail truck until the crew of Engine 14 arrived to douse the flames.

Teamster and City of Bayport employee Josh Eisinger is an everyday hero.

When Josh ins’t plowing snow for Bayport he serves as a captain for the Bayport Volunteer Fire Department.

On December 21, 2013 Josh was on duty at the fire

station when he received a call that a home birth was not going as planned. The newborn infant was not breathing and had turned purple.

Captain Eisinger was the first to arrive on the scene and administer CPR to the infant. He was able to resuscitate the child and put him on the ambulance.

“I was just glad I got there in time and witnessed the child get his color back,” says Eisinger.

The Teamsters Service Bureau provides FREE CONFIDENTIAL services for you and your family.

We can assist you with balancing and managing many of life’s challenges. Remember... Problems and stress can and do happen! Call the Service Bureau today. We’re here to help! 612-676-3700 (or 24-hour toll free 1-800-979-9725)

Our professional counselors can help you with:

• Emotional Concerns• Financial Problems• Family/Marriage Issues• Chemical Dependency• Stress/Anxiety and

Depression• Legal Concerns

MINNESOTA TEAMSTERS PUBLIC & LAW ENFORCEMENT EMPLOYEES’ UNION

LOCAL # 3203001 UNIVERSITY AVE SE STE 500

MINNEAPOLIS, MN 55414-9946

Teamsters Local 320 Winter 2014 Newsletter

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