By Drew Volturo,
Delaware State News
WILMINGTON — A prison officers' union has hired an attorney to represent the group after tangling with the state Department of Correction for 14 months over wages, employee shortages and mandatory overtime.
The Correctional Officers Association of Delaware retained Wilmington attorney Thomas S. Neuberger's firm Friday to "pursue all available avenues of legal relief" for the union's 1,187 members, Mr. Neuberger said.
"These guys have been pushed around for a while. Now they're just pushing back a little," Mr. Neuberger said.
Mr. Neuberger said his office plans to file complaints with the U.S. Department of Labor regarding the "freezing" of correction officers — forcing them to work back-to-back eight-hour shifts to cover staffing shortages.
He also could file federal and state lawsuits against DOC for allegedly retaliating against COAD leaders.
The attorney said DOC has changed the conditions of a tentative agreement the department and COAD reached July 1, modifying the sections on promotions and transfers.
DOC Commissioner Stanley W. Taylor was on vacation Friday and not available for comment, department spokeswoman Elizabeth Welch said.
Ms. Welch said DOC has not made any changes to the tentative agreement since both sides reached the deal.
"If the union had to vote today, it would be voted down," Mr. Neuberger said. "They're ready to can the whole thing."
COAD interim president Wilbur Justice did not return telephone calls seeking comment Friday.
The Department of Correction has been plagued by a series of incidents over the last two years, including a hostage incident, prisoner escape and other security breaches.
On July 12, 2004, an inmate at the Delaware Correctional Center near Smyrna held a prison counselor hostage and raped her. The nearly seven-hour standoff ended when a correctional officer shot and killed the inmate.
A DOC investigation blamed the incident on shoddy security and the inmate's unstable state of mind.
Later last summer, correctional officers refused voluntary overtime shifts to protest low pay and staffing levels, leaving the agency's transportation unit understaffed and delaying court cases.
DOC's transportation unit takes prisoners to and from court appearances and other outside appointments.
Mr. Neuberger said his firm is researching federal labor laws regarding the state's policy of "freezing" correction officers.
"The 16-hour days, they just can't take it anymore," said Mr. Neuberger, adding that he believes the policy violates the Fair Labor Standards Act.
"How can you expect people to work 16- to 20-hour days in this day and age?"
Ms. Welch said DOC has about 280 vacancies out of 1,863 positions. There also are about 40 correction officers away on military assignments.
The correction officers' union endorsed Republican gubernatorial candidate William Swain Lee in last year's race but Democratic Gov. Ruth Ann Minner won re-election.
Mr. Neuberger said union leaders and members have been harassed and retaliated against on the job.
Ms. Welch said the department does not tolerate retaliation.
Staff writer Drew Volturo can be reached at 741-8296 or dvolturo@newszap.com.
