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Consultation Labor Management Meetings

February 18, 2010

 

Rick Thaler, Director
Correctional Institutional Division
Texas Department of Criminal Justice
P.O. Box 99
Huntsville, TX 77342-0099
VIA FAX: 437-6325

Re: Topics for discussion at Labor Management Meeting

 

Dear Rick:

The Correctional Employee Council would like to submit the following items for Labor Management discussion with you and your Management Staff anytime after February 11, 2010. Please advise on the time and place in Huntsville that is convenient. Toby Tobias and Brian Olsen will be in attendance and we look forward to meeting with you on the following Labor Management Agenda issues:

The next TDCJ Executive Board Meeting is scheduled for April 8-9, 2010, Crowne Plaza Austin, 6121 North IH-35, Austin.

AFSCME
Toby Tobias
Brian Olsen
Marty Turner
TDCJ
Rick Thaler
Jan Thornton
Carol Blair Johnston
Tommy Pacifica
Bill Stephens
Lawrence Meyers

Huntsville

ERS - Budget Deficit - As we understand this announcement, it is to affect employee health care costs, including retirees. Inasmuch as no deficit amount was cited by ERS, what is the Agency take on how your active TDCJ employees and retirees may be affected, if you have any advanced information regarding this issue?

Response by Jan Thornton

Documentation provided by Jan Thornton as provided by ERS - Response to 5% Budget Reduction indicates the Health Insurance Program was already facing a funding gap of an estimated $148 million, all funds, because health care spending is higher than available funding and reserves. ERS is working with state officials, plan members, and stakeholder groups to determine how best to cover the funding gap through benefit design changes. Therefore, ERS forecasted an increase in health care costs of approximately 8% for 2010-2011, and received funding for a 6.5% increase. However, recent trends indicate that health care costs are increasing at about 9%. The Health Plan, at current benefit levels, faces a funding gap of approximately $181 million in fiscal year 2010. A contingency fund will be used to cover the funding gap IN FULL; however, the plan is projected to be $250 million short and with only $102 million left in the contingency fund, the plan will have to save money. In addition to these dire projections, state leaders recently asked agencies to submit ways to lower state spending, and this could affect state funding for the insurance program.

AFSCME/CEC 7 Prospective - At issue here are the many CEC 7 members and non-member's questions as this ERS budget debacle unfolds, regarding the impact on their upcoming 3.5% pay increase scheduled for September 2010. As we are able to secure definitive answers, we will post it on our CEC 7 website (afscme7@wt.net). Please check it out.

State Budget Cuts - The immediate 5% budget cuts we are hearing about raises a number of questions, not the least of which is how will this affect the Agency's recruiting and training additional security personnel, if at all, and whether or not any current TDCJ employees will be affected?

Response by Rick Thaler

The State-directed 5% budget cut equals approximately $294.3 million for the current 2010-2011 biennium budget.

AFSCME/CEC 7 Perspective - We concur and congratulate Executive Director Brad Livingston and his management staff on their timely compliance to the state-directed budget cuts and, more importantly, standing strong against these requested cuts in the interest of public safety, including the impact on Probation, Offender Treatment, Services, Institutional Security, Offender Health Care and Parole Supervision. We uncompromisingly support Director Livingston's request for some $260 million exception to the budget cuts for all of the previously stated justifiable reasons. Further, we proudly support State Senator John Whitmire's position when he stood up by indicating the state should not cut public safety and law enforcement budgets, but strengthen the Agency's employee selection process and provide them with a pay raise. Only an enlightened state senator of John Whitmire's status could speak so eloquently to the real issue. So, congratulations to both Brad Livingston, Executive Director, TDCJ and equally so to Senator John Whitmire, Chairman of the Senate Criminal Justice Committee.

Security Officers - Resignations - The Huntsville Correctional Employee Council 7, Local 3807, for the last couple of months has received calls from COs within Region I, from Ferguson, Eastham, Ellis I, Estelle and Pack I, of being coerced, threatened or intimidated into resigning immediately, or face disciplinary summaries. One of the more troubling calls was from a “non-member” who called asking what rights he might have, since he resigned, and further stated he was told to resign immediately or he would be “terminated and taken to jail”; of course, he resigned. If this is an issue the Agency is already aware of and has taken steps to address, great. If not, a discussion is timely on the matter.

Response by Rick Thaler

Director Thaler directed Deputy Director Bill Stephens to put this as an Agenda Item to be addressed at all warden meetings.

AFSCME/CEC 7 Perspective - Director of CID, Rick Thaler, and his Deputy Director, Bill Stephens, are exemplary administrators, and will work toward correcting these types of employee egregious issues. They insist the TDCJ Policy and Procedure and general rules of good administrative conduct, along with common sense, prevail, and we know they will be successful.

Correctional Officers (Gray Shirts) - Systemically, what is the current vacancy rate and the present turnover rate?

Response by Jan Thornton

The current Correctional Officer (gray shirts) vacancies stand at 512, and the current turnover rate is approximately 21%

ANCILLIARY ISSUES

  • The Agency has no plans to close any existing TDCJ Prison Units, nor are there any units expected to be pared down. It is business as usual in addressing the TDCJ Mission Statement as directed by State law.
  • AFSCME/CEC 7 2010 Blitz Schedule - We advised Rick Thaler and Bill Stephens of our intentions to blitz the following areas and the general time frames. As we shore up specific dates, we will confirm to the Agency

    1
    2
    3
    4
    Huntsville -
    Beeville -
    Palestine -
    Abilene/Amarillo -
    March 2010
    April 2010
    May 2010
    June 2010

 

Sincerely,

Toby Tobias, Special Representative
CEC 7 - Huntsville

Brian Olsen, Executive Director
CEC7

cc: AFSCME/CEC 7 Staff and Locals
Senator John Whitmire, District 15, Via FAX: 512-475-3737
State Representative Jerry Madden, District 67, Via FAX: 512-463-9974
State Representative Jim McReynolds, District 12, Via FAX: 512-463-9059
State Representative Lois Kolkhorst, District 13, Via FAX: 512-463-5240
Oliver J. Bell, Chairman, Texas Board of Criminal Justice, Via FAX: 512-305-9398