Dear Brothers and Sisters,


A couple issues that seem to be reoccurring issues for members right now are the affirmative attendance policy and sick leave, which were negotiated this last year at bargaining and are being enforced at TDF. I expect the state to print the contract as soon as it finds the money to do so. Therefore, I am having the contract changes in the problem areas printed for your benefit. Additions to the current contract are underlined and deletions are struck out. The equitable enforcement of policies has been a recent issue addressed at labor management. I hear people saying policies are not being enforced equitably, but people have failed to provide proof to the local that they are not. I am aware of use of time audits being done on random samples at TDF and employees being disciplined. I would advise everyone to read the policy, follow the rules, and conduct himself or herself in an ethical and professional manner.

Sincerely,

Travis L. Houzenga
Memoranda of Understanding/Side Letters

Affirmative Attendance Policy MOU

1. The Employer recognizes that personal problems may affect employee attendance and encourages utilization of the Personal Support Program.

2. Unauthorized absences shall be those absences for which time is not approved. The threshold between late arrival and unauthorized absence is one hour after the starting time. Although tardiness is not considered an unauthorized absence under this agreement, employees are expected to report to work on time each day as scheduled. Any negotiated tardiness policies shall remain in full force and effect during the life of the Master Agreement unless otherwise negotiated by the parties.

Where current practices exist, any unauthorized absence which is less than a ½ day will be treated under Article IX of the Master Contract as misuse of time inclusive of all other time related infractions (including late arrival, extended breaks and lunch hours, leaving work without authorization, etc.) as one progressive and corrective disciplinary track. However, such absences shall not be subject to #9 of this agreement.

3. Authorized dock time shall be granted when sick time has been exhausted if proper medical certification is provided within three (3) work days. It is the employee’s responsibility to provide medical certification to their supervisor. Documents that do not contain the necessary elements will not be accepted and the employee will be so notified. The absences shall be considered unauthorized if acceptable certification is not subsequently provided within five (5) work days.

Proper medical certification must contain the following elements:

a) Signature, address, and phone number of the medical practitioner (or the authorized designee);
b) The pertinent dates in question of the illness or injury;
c) An Indication that the employee was unable to work on the date(s) in question for the reasons of personal or family illness;
d) The original medical statement; if the employee needs a copy management will provide.

Notwithstanding the above, the Employer may accept an electronically generated statement with an electronic signature or a facsimile with cover page, as long as the necessary information is provided as set forth in 3(a), (b), (c) and (d).

Vacation, holiday, compensatory and personal business time shall be requested in advance, except in emergency situations and as set forth in Paragraph #5. If no personal business, vacation, holiday or compensatory time is available, authorized dock time shall be approved for emergency situations, subject to verification of the emergency situation.

4. Authorized dock time under these circumstances is limited to five (5) days within a twelve (12) month period, unless approval for more time is granted by the authorizing supervisor. Employees who have used all allowable authorized dock time shall be informed of their right to apply for an appropriate leave of absence. Employees who have been on proof status within the previous three (3) months shall have no right to authorized dock time.

5. All employees’ requests for benefit time usage must be supported by a request for time off form submitted by the employee. In accordance with agency practice, requests for available benefit time other than unscheduled sick leave, emergency personal business and inclement weather situations, shall be made reasonably in advance, in writing, using the proper form. Consideration of such requests shall be in accordance with the Master Agreement.

Where current practices exist, same day call-in requests for vacation, compensatory, and holiday time shall be made only when it is not possible to request such time in advance and in writing using the appropriate form. When an employee is claiming that it is not possible to request the vacation, compensatory or holiday time reasonably in advance in writing, the Employer has the right to inquire as to why it was not possible, although such inquiry may only be made when reasonable grounds exist to suggest abuse. Same day call-in requests for vacation, compensatory or holiday time shall not be denied unless a bona fide operating need exists to do so. Under no circumstances will such request be denied solely because a request is called-in on the day requested. The form must be provided to the supervisor no later than two (2) of the employee’s workdays after the employee’s return from the absence.

Supervisors must ensure that the form is readily available to the employee. Failure of the employee to provide this form may result in the absence being considered unauthorized, and the employee may be docked and disciplinary referral may be initiated. If the employee subsequently submits the form within two (2) of the employee’s workdays after notification of being docked, the determination of an unauthorized absence shall be corrected.

6. Supervisors must process all completed forms generated from call-ins within five (5) calendar days of submission, either approving or disapproving the request.

7. As long as the employee meets the applicable Leave of Absence requirements, the Employer will approve leave for the time frame documented, including request for short-term leaves.

It is the employee’s responsibility to provide proper medical certification to their supervisor. Documents that do not contain the necessary elements will not be accepted and the employee will be so notified. The absences shall be considered unauthorized if acceptable certification is not subsequently provided within five (5) workdays. Proper medical certification must contain the following elements:

a. Signature, address, and phone number of the medical practitioner (or authorized designee)
b. The pertinent date(s) in question of the illness or injury.
c. An indication that the employee was unable to work on the date(s) in question for reasons of personal or family illness.
d. The original medical statement must be submitted; if the employee needs a copy management will provide.

Notwithstanding the above, the Employer may accept an electronically generated statement with an electronic signature or a facsimile with cover page, as long as the necessary information is provided as set forth in 7(a), (b), (c) and (d).

8. Unauthorized absences shall be subject to the following corrective and progressive disciplinary action:

A.
Occurrence
Unauthorized absence with call-in
1st
Counseling
2nd
Oral reprimand
3rd
Written reprimand
4th
2nd Written reprimand
5th
1 day suspension
6th
3 day suspension
7th
5 day suspension
8th
7 day suspension
9th
10 day suspension
10th
15 day suspension
11th
20 day suspension
12th
Discharge

B. Each day of unauthorized absence shall be considered a separate offense for the purposes of progressive discipline.

C. Each day of unauthorized absence without a call-in shall be considered as two offenses, and appropriate progressive discipline shall be administrated pursuant to Paragraph 8.A. above.

Under this Affirmative Attendance Agreement, except for the last offense before discharge, no employee will serve any suspension time. Employees will be given the usual notice of a suspension but will be expected to report to work and lose no wages. An employee will only serve five (5) days of actual suspension time for the last offense prior to discharge.

D. The parties agree that this section does not alter the provision in Article IX of the Master Agreement regarding discharge for five (5) consecutive days of unauthorized absence with no call-in (XA).

9. Discipline will be considered timely and progressive based on a rolling 24-month period. If the last disciplinary action is more than 24 months old, the progression will start over.

10. Employees not covered by an Affirmative Attendance Agreement prior to the effective date of this agreement shall be considered to have committed no offense. Employees, who have discipline under a prior Affirmative Attendance Policy, shall be placed on the closest step of the discipline track for the same offense that does not represent an increase in the level of discipline.

11. The Employer recognizes that personal problems may affect the attendance of employees. Upon request by the local Union president or designee, employees will be afforded a joint Union/Management consultation at the last suspension prior to discharge. The purpose of such consultations will be to provide guidance and counseling to the employee as to the need for their services, the consequences of continued unauthorized absences, the ability of services for problems, specifically including PSP, which may be identified and the ability to request a leave of absence.

After training materials have been distributed to those Agencies previously not covered under an Affirmative Attendance Policy, the Employer will start the Affirmative Attendance Policy. Additionally, Agencies and the Union shall establish joint training program presentations in those Agencies previously not covered under an Affirmative Attendance Policy at the request of either party. In the event a training program is presented, the Employer will initiate the Affirmative Attendance Policy within one month upon completion of the presentation.

12. This agreement supersedes any other agreement(s) on this issue.

Section 15. Sick Leave

A. …For all bargaining units, supervisors may however, grant employee requests to use sick leave in increments of one-half (1/2) hour fifteen (15) minutes after a minimum use of one-half (1/2) hour. The Employer will not discipline an employee for legitimate use of sick days if taken within procedural guidelines…

…Abuse of sick time is the utilization of sick days for reasons other than those stated in the Collective Bargaining Agreement. Visits of two (2) four (4) days per year to a Veterans' hospital or clinic for examination needed because of military service connected disability shall be in pay status without charge to sick leave.

B. Guidelines on Proof Status. At the time an employee is placed on proof status, the Employer will submit to the employee, in writing, the reasons for placing the employee on proof status. The amount of usage of sick time alone shall not be the basis for placing an employee on proof status. Proper medical certification must contain the following elements:

a. Signature, address, and phone number of the medical practitioner (or authorized designee)
b. The pertinent date(s) in question of the illness or injury.
c. An indication that the employee was unable to work on the date(s) in question for reasons of personal or family illness.
d. The original medical statement must be submitted; if the employee needs a copy management will provide.

Notwithstanding the above, the Employer may accept an electronically generated statement with an electronic signature or a facsimile with cover page, as long as the necessary information is provided as set forth in (a), (b), (c) and (d).

An employee, not on proof status, who utilizes sick leave may, at the employee’s discretion provide medical certification for any such absence and have such certification included in his/her supervisor’s file. Absences for which medical certification has been provided shall not be a consideration in the determination of whether or not to place an employee on proof status.


P. S. Remember that sick leave is used for illness, disability, or injury of the employee, appointments with a doctor, dentist or other professional medical practitioner or death of a member of an employee’s immediate family or household (includes grand-relations, parent-in-laws, and child-in-laws).

People Conference

1/31/2009

Governor Pat Quinn and US Representative Phil Hare were guest speakers this year. Both speakers were inspiring and optimistic about issues despite the current state of affairs for our state and nation. Henry Bayer, Executive Director Council 31, expressed concern over developments in other states due to budget problems. Major take backs are being requested at the cost of current and past employees, pay , benefits, vacation time, furloughs, layoffs, pensions, and retiree health insurance. Governor Pat Quinn when speaking about the State of Illinois stated, “[This is] the most serious budget crisis ever”. The governor is soliciting help on all issues at http://www.reformillinoisnow.org/. The consensus seems to be that budget cuts will not fix the problem; the state needs new sources of revenue. In a practical sense, this means increasing taxes. For more information on the budget and solutions go to http://www.ctbaonline.org/.

The 2009 Legislative Agenda for AFSCME Council 31 PEOPLE includes:

Address revenue shortfalls in state and local government

Adequate staffing levels for state agencies

Oppose facility or site closures or downsizing

Ban forced overtime

Funding COLA for direct care workers in community agencies

Adequate funding for state universities

Protect public employee pensions and retiree health care benefits

Address inequities in pension systems

Fight privatization of public services and assets

Improve health care quality and access

Oppose efforts to reduce care and services for individuals with mental illness and developmental disabilities.

Restore and expand union rights

Bring greater equity to Unemployment Insurance program.

TDF Wexford Ratification

Our Wexford members at TDF unanimously voted to ratify their new contract today.

January Labor Management

LABOR MANAGEMENT MEETING MINUTES
TUESDAY, JANUARY 20, 2009, AT 11A

Present for Management: Director Larry Phillips, Assistant Director Brian Thomas, Security
Director Eugene McAdory, Personnel Director Kendra Robeson, and Labor Relations Andrea Leake

Present for the Union: President Travis Houzenga, Vice President Amy Clark, Executive
Board Brian Cooper, and Executive Board Travis Smith

Absent for the Union: AFSCME Representative Chuck Stout, Secretary Terri Vaniter,
and Treasurer Jerry Markley

TV Mr. Houzenga said, "Thank you" for the TV. It is up there, and everything is working nicely. We got a shelf to place it on. Brian asked that if no one is in there, that it please be turned off.

In-House Postings Mr. Houzenga asked about the status of this? This is for better shifts and
days off. The Director stated that he has nothing further on this at this time.

Radio Traffic - Maintenance Mr. Houzenga asked about the status on
Maintenance radio
traffic. The Director stated that he is still working on this. We are looking at a couple of options. The problem is that they are probably going to have to go to the primary channel, then go to another channel. We need to get with Joe again. If you don’t monitor that channel, you will have to call out to Maintenance to leave a message. We will put a memo out when it is all lined out.

Supplemental Mr. Houzenga stated that he believes the Union is going to come up with
some proposals in the next couple of weeks. We will put them together, then they’ll have to go through the E-Board for approval. The Director indicated that we are waiting on our Labor, so you have some time on this.

Tardiness Mr. Houzenga said that the Union doesn’t approve of people being tardy, but there are legitimate excuses when a person is tardy, and they need to apply to everyone. People were given counselings on those heavy snow days or when they needed to jump start their car on those really cold days. We can win grievances on inclement weather. You also have an issue when a person car pools - some get a counseling, and others fly under the radar. The Director said, "They all come in at the same time and rode together, but not all of them are getting counselings?" Mr. McAdory stated that if four (4) people ride in a vehicle, the driver lets three (3) of them out at the door and parks or you have three (3) of them always at Briefing on time, and one (1) lagging behind. We are looking for consistency. Mr. Houzenga stated that they are looking for consistency also. Mr. McAdory said that in the Supplemental there is a 5-minute leeway - maybe there’s some confusion on that with some of the supervisors. Mr. Houzenga believes that you may receive a counseling after one (1) minute, then can proceed with disciplinary if tardy over 5 minutes after that. Mr. B. Cooper stated that you have someone who has never been late since starting here and gets a counseling for being 8 minutes late with a legitimate reason. I caused the guy to be late because he rides with me. I called in and turned in a slip and was covered. You know in Briefing who your issues are with–maybe some kind of leeway for those that you don’ t have a problem with. The Director stated that he will not stand for unequal treatment. I have got intentions of Briefing being your time in with a hard count sheet at Briefing. Mr. Houzenga said that they just want everyone to be treated the same. The Director said, "When weather is bad, I know how that is." We can work this out. I want this information brought to my attention right away to look at weather conditions or other emergencies. I want to work a little closer on that. I would rather them come in late and make it safely, than the alternative.

Staff status: early arrival & staying late Mr. Houzenga said that it has been brought to the
Union’s attention that employees are coming to work early and staying late, but not being on the clock. Mr. McAdory said that he has had people do this at his direction or the Director’s direction. These are things the Union is not aware of. I may activate Tarry Williams or Parsons. They were very helpful in locating the cell phones. If a person is running shift, they come in early to prep, so that is authorized. Mr. Houzenga asked how much time a Shift Commander is allowed. Mr. McAdory stated that they get 30 minutes. Mr. Houzenga said, "The ERT Team as needed?" Mr. McAdory said that the ERT Team varies depending on what is going on. Mr. Houzenga stated that they are in paid status when this happens, right? Mr. McAdory stated, "Yes." Mr. Houzenga said that a couple of concerns are for people not on paid status and working. We have established shifts for everyone here, and people ’s perception is that some are making their own schedules. Mr. McAdory said that this is going to continue because they don ’t know what is going on. I don’t know about anything outside of these 3 variances. Mr. B. Cooper said that there has been a question about the IV’s. Some of the IV’s are coming to me asking how overtime is equalized. Mr. McAdory asked, "On which issue?" Mr. B. Cooper said for the Shift Commander. Overtime is overtime - there are no special instances - it is overtime that should be offered. Mr. McAdory said that if you are assigned to run shift, you do the roster the day before and post it. Sometimes changes need to be made, so they come in early to make those changes (say an emergency medical, call ins, etc.) I don’t think there’s a need to equalize or contact people for that. Mr. B. Cooper said that he doesn’t know what is right or wrong, he just knows there’s a problem. Mr. McAdory said that he thinks it is good. You have people like D. Biermann who goes over the roster and comes in on a whim to make sure things are ready to go, and I believe we owe him that for what he does. Mr. B. Cooper said that he doesn’t think owing is how the contact is set up. Mr. McAdory said that he is open to suggestions. Mr. B. Cooper said that overtime is not an "Atta Boy". Mr. Houzenga said that maybe something needs to be put in the Supplemental. Mr. B. Cooper said that he understands that they need it, but I keep getting questions from other IV’s. Mr. McAdory once again said that he is open to suggestions. Mr. B. Cooper said that he would like it to be clear. The Director said, "Sure, and it should be."
Request list of mandatory posts for STAIs, IIs and IVs Mr. Houzenga said that part of the
reason why we are asking for supplemental issues is for mandatory overtime. There’ve been some special details going on lately. Mr. McAdory said that the main conflict with mandatory overtime - keep in mind that there are needs that arise every day. There are days when we may mandate beyond what is listed. I will get you a list of mandatory posts. Mr. Houzenga said that we didn’t have any problem with that if they aren’t sitting around doing nothing while they’re here. The Director said that he can agree with that. Mr. Houzenga asked about a Chief Steward getting a copy of the roster every day for the Union office. Mr. McAdory stated that he doesn’t agree, but it is the Director’s call. Mr. Houzenga asked what the issue is. Mr. McAdory said that the roster is posted. One reason we post it a day in advance is for people to prepare. There is no reason to go above and beyond what has been agreed to. Mr. Houzenga said that they want to have a file to reference. The main issue is overtime. We have members complaining that overtime is not being offered correctly, and the only way to check would be via the roster. This would be to quell the members and not have to file a grievance. Mr. McAdory said that he would like to get back to you on this. What you said now is more helpful. Mr. B. Cooper said that his only purpose is for the overtime. Mr. McAdory asked when he would be reviewing the roster. Mr. B. Cooper said that during his lunch probably. He personally doesn’t think that there is a big problem, but because overtime is offered on a weekly basis, people don’t feel they are being offered. I don’t have any way of explaining why that is. They just feel they are being cheated. If I had numbers (TO report), I could maybe answer some of their questions. Mr. McAdory said that it is already available, but no one picks it up. Mr. B. Cooper said that they will start doing that. Mr. McAdory said that he needs to think of a way that will benefit everyone. If you find a problem with the overtime, you will go to the Director instead of me. You and I can discuss rather than me hearing it from the Director. I don’t want to take away from people that are supposed to do the job because you found something. Mr. B. Cooper said that he has been looking for a way of solving this. We are working really hard to keep the grievances squelched. We don’t want silly grievances. I am trying to keep them down. Ms. Clark said that on the overtime you have a lot of assumers out there. If we could have something that shows that someone wasn’t skipped. Mr. B. Cooper said that telling them and showing them is 2 different things. I don’t want to grieve over something as simple as equalizing overtime. I want it to keep the complaints down. Ms. Clark said that she didn’t believe it was difficult to keep track of. The Director said that he wants this right so whatever we can do to work on this, we need to do it. Mr. B. Cooper said that a lot of people here don’t understand what equalizing overtime is. We are working on this, but it is a problem. The Director said that he doesn’t want any more overtime than we have to have.

Mr. Houzenga asked if Management had anything else. The Director said that as soon as we hear something from Labor on the Supplemental, I will let you know.

The next Labor Management Meeting is scheduled for Tuesday, February 17, 2009, at 11A.
______________________________________ __________________________________
Larry Phillips, Director Date Travis Houzenga, Union President Date
pam
cc: Those attending Those absent File

Wexford Contract

Our healthcare unit has a tentative contract. Contract ratification will take place on January 29th.