|
Become a
|
Consultation Labor Management MeetingsJune 8, 2010
Rick Thaler, Director Re: Topics for discussion at Labor Management Meeting on July 1, 2010 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 June 17, 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:
Huntsville Random Drug Testing - For clarification purposes the following questions came to mind for which we would like to examine: 1) For the few employees who test positively under this policy and, who, for whatever reason, vehemently disagree with the test results, does the policy allow an employee requested re-test before involving the Level 1-P.D.22 violation? Response by Jan Thornton and Brian Collier NO, if original testing was positive. Testing positive will invoke the Level 1-P.D.22 Disciplinary Violation, even if it is the first testing, and the employee requests a re-test. 2) And, if the policy does or will allow employee requested re-testing, would re-testing be confined to the testing entity that performed the original test? Response by Jan Thornton and Brian Collier Re-testing will be allowed, but will be administered by original testing entity using the original employee's testing fluids for the second testing. 3) If an employee who has tested positively is so adamantly convinced in their own mind the testing results were flawed, can the employee choose to pay the out-of-pocket expense for a certified testing laboratory of their choosing, and, if so, would or will the Agency accept the results? Response by Jan Thornton and Brian Collier NO. The Agency will not accept an employee out-of-pocket certified test from a laboratory of their choosing, inasmuch as it would not have been tested by the original lab using original testing material. AFSCME-CEC 7 - This would not preclude an employee from going forward with a certified testing at a lab of their choice; albeit it would not be accepted by the Agency. The estimated cost could be $30 to $50. 4) Drug Testing Exceptions - Vacation and LWOP is a beginning; however, a few other employee circumstances should be considered, i.e. employees out on Extended Sick Leave, Family Medical Leave (FLMA), annual Military Reserve Training, employees injured on duty, and those employees who would be victims of violent and catastrophic weather, i.e. hurricanes, tornados, etc., making it impossible to comply with set testing dates and times. Please do not misunderstand these questions we ask or pose. The Correctional Employee Council 7 of Texas, otherwise known as the "union", fully supports employee drug testing. Response by Rick Thaler and Brian Collier You are correct in pointing out the many other drug testing exceptions, which the policy will be expanded to cover. 5) Finally, where is the drug testing to be administered, and what laboratory testing entity provides the service, and is this a contracted service? As to earned mandatory overtime, we assume this implies paid overtime, not equal time off during the pay cycle. Response by Jan Thornton and Rick Thaler Testing will depend on where the employee works in the system. There are 75 collection sites across the state, and the actual testing is done at a laboratory outside the state. Regarding overtime as to time off, with three shifts involved we will work toward as many testings as possible during work hours. For the other, as far as possible and practical, we will allow them time off during that work cycle, and the others would be paid overtime. AFSCME/CEC 7 - We should point out that this Labor Management Agenda, dated June 8, 2010, FAXED June 7, 2010 pm, was the catalyst from which Texas House of Representative Criminal Justice Committee Chairman Jim McReynolds and Vice-Chair Jerry Madden became aware of our concerns relative to the Agency's Random Drug Testing Policy. Each, in turn, called our Huntsville office with inquiries regarding the agenda. They, in turn, requested feedback on this issue from the highest levels within the Agency. The Agency responded, to their satisfaction, to their requests on whatever issues they posed. Additionally, this is only the second time in some fifteen years of Labor Management Agendas where an inquiry was made and we, without question, encourage any of the distinguished individual's privy to our Labor Management Agendas to feel free to contact us on any Labor Management Agenda item. Agency Additional 10% Budget Cuts - We congratulate the Agency on their successful exemptions from a large portion of the 5% requested cuts in the name of public safety. Suffice it to say, going to the well the second time for the same exception would be a stretch, and only then with some luck, even if public safety is paramount to the public interest. Ten percent is huge and we feel this amount would cut the Agency to the bone in every department if those exemptions secured from the 5% cuts are not on the table for a 10% consideration. Aside from the news media announcement of the possible closure of as many as four (4) existing prison units, where and what austere measures will be under consideration, including some existing employee RIFs? When all reviews are completed and cooler heads prevail, we remain optimistic that the State will grant the Agency a second reprieve from the greater amount of the 10% cut, again in the name of the general public safety factor facing our state's budget shortfall. Response by Rick Thaler The additional 10% budget reduction will most likely be addressed in the 2011 Legislative Session, based on the Agency's prepared and submitted budget compliance. A 10% budget cut could affect all employees across the spectrum of employment, including gray shirts (Correctional Officers), if not exempted. What is the Agency's Current Correctional Officer (gray shirts) Vacancy numbers for the entire state and your present Correctional Officer turnover rate (percentage)? Response by Jan Thornton At the end of May the current gray shirt vacancy is approximately 600, with a 20% turnover rate. ANCILLARY ISSUES Palestine
Sincerely,
Toby Tobias, Special Representative Brian Olsen, Executive Director
|
Upcoming EventsStewards TrainingJuly 22, 2010 Roll CallView the newest edition online, February 2010 Can't view it? You need to download and install Adobe Acrobat Reader. |
