MSO and MNEA met with a mediator on November 14th and will meet again on December 19th (changed from Dec. 2nd). We have hopes that positive changes will come about as a result of these meetings, the outstanding bullying issues will be dealt with, and avenues for dealing with future concerns will be set up. We will keep you informed!
Have a happy holiday!
Saturday, December 17, 2011
MSO WINS "REPRIMAND" ARBITRATION!
The decision has been received regarding the Reprimand Arbitration and MSO won! Management bears the burden of proving the justness of a discipline. The arbitrator found that MNEA failed to meet the burden of persuasion that our MSO member actually committed the offense that she was reprimanded for. Further, MNEA was ordered to remove the reprimand from that MSO member’s personnel file and all other files.
Saturday, October 29, 2011
MSO UPDATES - OCTOBER 2011
Reprimand Arbitration
The Reprimand Arbitration was held on October 24th. This was the case where one of our members received a reprimand and MNEA did not follow the contractual process when issuing her that reprimand. The arbitrator's decision is expected toward the end of the year.
Mediation!!
MNEA and MSO have agreed to sit down with a mediator to deal with the many outstanding issues regarding bullying. MSO has several grievances pending around this issue and MNEA had issued discipline to some of our members. It became clear that this was becoming a big issue and needed to be resolved. We agreed that some changes need to be made so things like this can be handled more positively in the future. Both sides agreed to suspend all pending grievances and discipline while working through mediation. In addition, we are also hoping that mediation will also lead to some type of mechanism for working on relationships, norms and the morale at headquarters. Mediation dates are set for November 14th and December 2nd. We will keep you informed!
The Reprimand Arbitration was held on October 24th. This was the case where one of our members received a reprimand and MNEA did not follow the contractual process when issuing her that reprimand. The arbitrator's decision is expected toward the end of the year.
Mediation!!
MNEA and MSO have agreed to sit down with a mediator to deal with the many outstanding issues regarding bullying. MSO has several grievances pending around this issue and MNEA had issued discipline to some of our members. It became clear that this was becoming a big issue and needed to be resolved. We agreed that some changes need to be made so things like this can be handled more positively in the future. Both sides agreed to suspend all pending grievances and discipline while working through mediation. In addition, we are also hoping that mediation will also lead to some type of mechanism for working on relationships, norms and the morale at headquarters. Mediation dates are set for November 14th and December 2nd. We will keep you informed!
Sunday, September 18, 2011
MSO UPDATES - SEPTEMBER 2011
Reprimand Arbitration
The reprimand arbitration is going to be held on October 24th in Jefferson City. One of our MSO members received a reprimand for something she did not do -- and the disciplinary process MNEA utilized did not follow the contractual process.
Bullying Grievance
MSO is in the middle of going through the grievance process, as ordered by the NLRB after we filed an unfair labor practice over the bullying charges leveled against two of our MSO members. MSO asserts that our members were practicing protected, concerted union activities and that MNEA did not do a fair, thorough investigation. Further, our members were disciplined without just cause.
There was one discussion between MSO and MNEA on Sept. 6th about doing mediation to solve some of the problems around this issue -- however, after notifying MNEA a week ago that MSO was interested in doing this, we have not yet heard anything back from them. MSO is very frustrated at this being dragged out, as the longer this goes on, the worse the atmosphere and morale is at the HQ office.
The reprimand arbitration is going to be held on October 24th in Jefferson City. One of our MSO members received a reprimand for something she did not do -- and the disciplinary process MNEA utilized did not follow the contractual process.
Bullying Grievance
MSO is in the middle of going through the grievance process, as ordered by the NLRB after we filed an unfair labor practice over the bullying charges leveled against two of our MSO members. MSO asserts that our members were practicing protected, concerted union activities and that MNEA did not do a fair, thorough investigation. Further, our members were disciplined without just cause.
There was one discussion between MSO and MNEA on Sept. 6th about doing mediation to solve some of the problems around this issue -- however, after notifying MNEA a week ago that MSO was interested in doing this, we have not yet heard anything back from them. MSO is very frustrated at this being dragged out, as the longer this goes on, the worse the atmosphere and morale is at the HQ office.
Monday, July 11, 2011
MSO UPDATES -- JULY 2011
Grievances:
MSO is going to arbitration on the Reprimand grievance. MNEA did not follow the contractual process before issuing the reprimand to our member (see May Update). We are in the process of selecting dates and preparing for the hearing.
Unfair Labor Practice:
As stated in the May Update, MSO filed an Unfair Labor Practice against MNEA for the Bullying charges and reprimands that were issued to two of our members. The NLRB has deferred it back to the MSO grievance process. That means that MSO must go through our grievance process, including arbitration, to settle the matter. This is a common solution that the NLRB utilizes, so it was no surprise to us.
We are now in the process of preparing the grievance and getting ready to move forward through the grievance steps. We’ll keep you updated.
How Short-Sighted Can MNEA Be?
MSO has requested an NSO mediator to come in to assist several of our members who are having some conflict. MSO requested work time from MNEA in order for those employees to meet and try to work things out, given that it is a work situation. MSO hoped that MNEA would see the value of improving the work atmosphere and conditions for their employees. However, MNEA refused to grant work time for a meeting unless MSO withdrew the NLRB Unfair Labor Practice complaint (bullying info above).
It is too bad that MNEA was only willing to provide work time if MSO "made the deal." MSO believes it is very short sighted of MNEA when they are unwilling to put the working conditions of their employees first – because MNEA benefits greatly when morale is good at the office.
Bargaining:
MSO and MNEA successfully reached agreement on a new one year contract for 2011-12. The MSO ratification meeting will be held on August 10th. We hope all MSO members will attend -- as there are some important changes you will want to hear about!
Grievances:
MSO is going to arbitration on the Reprimand grievance. MNEA did not follow the contractual process before issuing the reprimand to our member (see May Update). We are in the process of selecting dates and preparing for the hearing.
Unfair Labor Practice:
As stated in the May Update, MSO filed an Unfair Labor Practice against MNEA for the Bullying charges and reprimands that were issued to two of our members. The NLRB has deferred it back to the MSO grievance process. That means that MSO must go through our grievance process, including arbitration, to settle the matter. This is a common solution that the NLRB utilizes, so it was no surprise to us.
We are now in the process of preparing the grievance and getting ready to move forward through the grievance steps. We’ll keep you updated.
How Short-Sighted Can MNEA Be?
MSO has requested an NSO mediator to come in to assist several of our members who are having some conflict. MSO requested work time from MNEA in order for those employees to meet and try to work things out, given that it is a work situation. MSO hoped that MNEA would see the value of improving the work atmosphere and conditions for their employees. However, MNEA refused to grant work time for a meeting unless MSO withdrew the NLRB Unfair Labor Practice complaint (bullying info above).
It is too bad that MNEA was only willing to provide work time if MSO "made the deal." MSO believes it is very short sighted of MNEA when they are unwilling to put the working conditions of their employees first – because MNEA benefits greatly when morale is good at the office.
Bargaining:
MSO and MNEA successfully reached agreement on a new one year contract for 2011-12. The MSO ratification meeting will be held on August 10th. We hope all MSO members will attend -- as there are some important changes you will want to hear about!
Sunday, May 8, 2011
MSO UPDATES -- MAY 2011
GRIEVANCES:
MSO has dropped the Business Technician Job Description grievance. We issued an "understandings" letter to MNEA, basically asking them to confirm that the new, shorter job description equals the longer, more detailed previous job description -- which they did. Also, if any additional duties were to be added, MNEA will follow the processes in the contract.
MSO is determining whether to move forward to arbitration with the Reprimand grievance (a reprimand was issued to one of our members without following the contractual process). MNEA did nothing in the grievance process to give us any information to try to resolve it. We will keep you posted on this one.
MSO has issued a complaint to MNEA regarding their one line, no details, no effort to work it out type of responses to our grievances. We used to get responses with REAL REASONS why they were denying it. Lately, it's just "we see no contractual violation...so the grievance is denied" type of responses. It sure doesn't give us any information so we can see where they are coming from -- and definitely doesn't give leave us any avenue to try to come to some type of resolution. We'll see if they make any effort to improve their communication...
BARGAINING:
AS you know, MSO was at the table with MNEA for bargaining on May 2 & 3. We bargain again on June 1.
UNFAIR LABOR PRACTICE:
MSO has a duty to protect and defend their members. Therefore, MSO is filing an Unfair Labor Practice this week against MNEA for their "guilty" findings regarding Bullying charges against two of our MSO officers. These two MSO members received a written reprimand in their personnel file because of it. MSO believes that MNEA violated section 8.a.3. of the National Labor Relations Act, which prohibits discrimination against union members for union activities. MSO believes that if MNEA had done an honest, thorough investigation (as outlined in the Bullying policy), they would have found the charges were not substantiated. We'll keep you posted on this one, too.
MSO has dropped the Business Technician Job Description grievance. We issued an "understandings" letter to MNEA, basically asking them to confirm that the new, shorter job description equals the longer, more detailed previous job description -- which they did. Also, if any additional duties were to be added, MNEA will follow the processes in the contract.
MSO is determining whether to move forward to arbitration with the Reprimand grievance (a reprimand was issued to one of our members without following the contractual process). MNEA did nothing in the grievance process to give us any information to try to resolve it. We will keep you posted on this one.
MSO has issued a complaint to MNEA regarding their one line, no details, no effort to work it out type of responses to our grievances. We used to get responses with REAL REASONS why they were denying it. Lately, it's just "we see no contractual violation...so the grievance is denied" type of responses. It sure doesn't give us any information so we can see where they are coming from -- and definitely doesn't give leave us any avenue to try to come to some type of resolution. We'll see if they make any effort to improve their communication...
BARGAINING:
AS you know, MSO was at the table with MNEA for bargaining on May 2 & 3. We bargain again on June 1.
UNFAIR LABOR PRACTICE:
MSO has a duty to protect and defend their members. Therefore, MSO is filing an Unfair Labor Practice this week against MNEA for their "guilty" findings regarding Bullying charges against two of our MSO officers. These two MSO members received a written reprimand in their personnel file because of it. MSO believes that MNEA violated section 8.a.3. of the National Labor Relations Act, which prohibits discrimination against union members for union activities. MSO believes that if MNEA had done an honest, thorough investigation (as outlined in the Bullying policy), they would have found the charges were not substantiated. We'll keep you posted on this one, too.
Tuesday, April 5, 2011
MSO ARBITRATION UPDATES - MARCH 2011
MSO'S STAFFINGG RATIO ARBITRATION UPDATE:
Here is the award from the Staffing Ratio Arbitration, heard on Sept. 1, 2010. Please note that while we did not win the arbitration, the arbitrator holds the employer accountable for not over-burdening the employees. This means when new or additional duties are added, you have the right to ask either (1) what MNEA is taking away to balance out the new duties, or (2) that MNEA prioritize your work (YOU SHOULD NOT DO THE PRIORITIZING) so that you know what things fall to the end of the list, in case you can't get everything done.
Staffing Ratio Award:
The Employer did not violate the labor agreement
when it issued a job description for the position of
Executive Secretary to the Executive Director and
Legal that provides that this position provide nonconfidential
secretarial support to other managers
who do not have an assigned secretary. The
grievance is denied.
One caveat is in order. Management must make sure
that the managers who are served by the new secretarial
position here in issue do not overburden the employee assigned
to the position. The arbitrator does not see anything in the
new job description which would necessarily constitute an
unreasonable workload. However, it is the responsibility of
the managers who share the secretary’s services to make sure
that they divide her time and effort in a reasonable way.
MSO'S OTHER DUTIES AS ASSIGNED ARBITRATION:
MSO and MNEA went to arbitration on February 22, 2011 on this isssue. At the beginning of the hearing, it was decided that we could settle it without the arbitrator. The final agreement included MNEA meeting with the remaining employee who MNEA had not met with (per the contractual process) to discuss the changes to her job and allow her to provide input.
OTHER ISSUES FOR MSO:
We currently have two grievances underway.
One is regarding the major changes made to the way the Business Technician's job description was written after Barb left.
The other is regarding a reprimand received by an employee without MNEA going through the contractual steps outlined in the contract. Additionally, many of our "active" union members are being held to standards which are not being applied to every employee. This is a major concern and MSO is very concerned that MNEA is discriminating based on union activity. We'll keep you posted.
We will update this in the near future to let you know what MSO's next action will be regarding these issues -- as well as some new ones that may be looming on the horizon.
Here is the award from the Staffing Ratio Arbitration, heard on Sept. 1, 2010. Please note that while we did not win the arbitration, the arbitrator holds the employer accountable for not over-burdening the employees. This means when new or additional duties are added, you have the right to ask either (1) what MNEA is taking away to balance out the new duties, or (2) that MNEA prioritize your work (YOU SHOULD NOT DO THE PRIORITIZING) so that you know what things fall to the end of the list, in case you can't get everything done.
Staffing Ratio Award:
The Employer did not violate the labor agreement
when it issued a job description for the position of
Executive Secretary to the Executive Director and
Legal that provides that this position provide nonconfidential
secretarial support to other managers
who do not have an assigned secretary. The
grievance is denied.
One caveat is in order. Management must make sure
that the managers who are served by the new secretarial
position here in issue do not overburden the employee assigned
to the position. The arbitrator does not see anything in the
new job description which would necessarily constitute an
unreasonable workload. However, it is the responsibility of
the managers who share the secretary’s services to make sure
that they divide her time and effort in a reasonable way.
MSO'S OTHER DUTIES AS ASSIGNED ARBITRATION:
MSO and MNEA went to arbitration on February 22, 2011 on this isssue. At the beginning of the hearing, it was decided that we could settle it without the arbitrator. The final agreement included MNEA meeting with the remaining employee who MNEA had not met with (per the contractual process) to discuss the changes to her job and allow her to provide input.
OTHER ISSUES FOR MSO:
We currently have two grievances underway.
One is regarding the major changes made to the way the Business Technician's job description was written after Barb left.
The other is regarding a reprimand received by an employee without MNEA going through the contractual steps outlined in the contract. Additionally, many of our "active" union members are being held to standards which are not being applied to every employee. This is a major concern and MSO is very concerned that MNEA is discriminating based on union activity. We'll keep you posted.
We will update this in the near future to let you know what MSO's next action will be regarding these issues -- as well as some new ones that may be looming on the horizon.
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