A Message from Chris Barner, Vice President,
DCOA Greetings Brothers and Sisters,
It feels good to be updating you on some of the situations currently in process.
There have been (3) unfair labor practice suits (ULP' S) filed recently, they are
(1) Conducting of the Ion Scan on Union members.
(2) Probationary employees being placed in sought after institutions (i.e. SCI; Community Corrections, Webbs Correctional Facility, etc.) This is a form of discrimination by not allowing DCOA members to laterally transfer to these sought after institutions.
(3) The practice of extending probationary periods on new hires. This is a form of union busting.
On August 10th there was an arbitration hearing on a very important subject. The arbitration hearing was centered around (3) grievances that were filed on regionalization. This basically means that DOC would not like to recognize institution designations but would rather have institutions grouped into regions. This has been a large sticking point in contract negotiations, because the State wants regionalization very badly. In my opinion the arbitration hearing went very well! Briefs are due from both parties on September lOth. Then it is a waiting game to see how the arbitrator rules.
To touch bases with you on some other subjects:
(1) Contract Negotiations are going slowly at the present time. I believe that once we receive the arbitrator's ruling on the regionalization issue, then we should be able to move forward on negotiations, which ever course of action that dictates (i.e. continuing negotiations versus mediation/arbitration).
(2) Union Hall acquisition is being actively pursued. We are attempting to acquire a location that is centrally located (i.e. Dover/Smyrna area). If any member has any input on property or already standing building/property sites, please notifir any member of the Executive Board or contact the DCOA union hall at 659-5151.
(3) New uniforms are still being looked into. Although we realize that with the budget crunch we will probably have to wait to have new uniforms approved. That doesn't mean that we can't acquire sample uniforms and have a strategy to present them to DOC administration.
(4) Protective vests: A lighter more comfortable style vest will be phased in as the shelf life of our present vests expire.
That is all for now, but if you have any questions you can contact me on the state e-mail system or my pager 736-4513. Remember, if we all stick together and keep chipping away at institutional and DOC administrations on union issues, good things will come.
Till the End,
Chris Barner
In 1994, the Delaware Correctional Officers made a powerful statement when we chose to stand-alone and create our own union, The Delaware Correctional Officers Association. Those officers recognized the need for a change and as a unified body the membership made important decisions that greatly affected our working conditions. This decision also gave the membership the ways and means to dictate and control their own destiny. Today, it is again time to join together to put away pessimism, apathy and hard feelings for the common good.
In light of all the expansion and re-organization in the Department of Corrections, it was inevitable that working conditions and job expectations would change accordingly. Correctional Officers are no longer guards, turnkeys, screws or the hard-nosed brutes depicted in the old movies. The Correctional Officers of the 21st century are professionals, many are college graduates, we are computer literate, keenly aware of our surrounding, and are highly trained in security and the newest methods of crowd and riot control. We face daily, one on one, the perils of inmates with life threatening diseases, gang activity, sexual behavior, and drug and alcohol abuse.
The Delaware Correctional Officers Association will be nearly fifteen hundred strong by the end of 2001. The past two years have brought sweeping changes to the Department of Corrections. It is now time to re-direct non productive and negative energy into identifying and solving problems, to work as an unselfish unit to enhance our working conditions and garner the respect we deserve. It is paramount that all the rank and file, from the veterans to the newly graduated cadets, utilize their knowledge, experience and youth to establish a powerful and active presence in the work place.
The Executive Board and a handful of dedicated members need your participation in helping to make the hard decisions, drafting and submitting Legislation, and gaining the support of political groups with the goal of helping improve the situation of Correctional Officers, as well as all state employees. The foresight of the members in 1994 to "stand alone" has brought us to a critical point where we must "stand together" for the strength and future of the Correctional Officers Association in the 21st century.
DCOA is dedicated to finding alternatives to enrich the lives of its membership. Included in this addition is the first of many new and exciting membership benefits.
President Proctor and all the Executive Board members urge you to be active in YOUR Union. It is vital for our future.
James A. Fritsch
District II Executive Grievance Officer
Legislative Article for DCOA's
August 2001 Newsletter
By Donald W. Reiman
In this article I will once again start a series of articles to let you know what Legislative action was taken by the Delaware General Assembly during its 2001 session. There are a number of bills that have been introduced and passed that will affect your lives, not only as correctional officers and merit system employees, but also as Delawareans. I believe that you all should be aware of what's happened as it will most likely have an effect upon your daily lives. With this in mind I will begin this series by covering some of the House of Representatives bills that were introduced and acted upon. Some of these bills have not yet passed both houses and some have even not passed the House, but they are out there and they very well might move during the 2002 Legislative Session. Some of the bills I will cover you may support and some you may oppose. I would be very interested in hearing from you on these bills. Your opinions can be forwarded to me either through the DCOA office at 50 W. Commerce St., Smyma, DE. 19977, or through my e-mail address; dNvrpba@del.net. I would like to hear from you, as it will help me to better represent your interest at Legislative Hall. I hope that you will take an active interest in the legislative process on all of the issues, not just the ones directly affecting you as correctional officers. In listing these bills I have broken them down into four categories; bills affecting you as correctional officers; bills affecting you as State employees; bills affecting you as Delawareans; and finally bills covering miscellaneous subjects. This first article will only cover the first 100 legislative bills introduced in the House.
Let's begin:
Affecting you as Correctional Officers;
HB77: This bill basically expanded the college tuition assistance program to include certificate courses which do not lead to a degree and basically help those officers assigned to maintenance and cooks. I'm sure there are other certificate programs available that would be covered but the main objective of this expansion was for those officers working in the trades.
HB 231: This bill made the tuition assistance program a prepaid program instead of a reimbursement program. The money made available for tuition assistance is to be broken down into three parts. 40% for the fall semester, 40% for the spring semester and 20% for the summer semester. The Department is suppose to establish closing dates for applications to be turned in for each semester. That way they will know how much tuition they will be paying for each semester. If there is more money available than tuition requested than each officer will receive 100% of the tuition paid. If there
is more in prepaid tuition requested than there is money than each officer will receive a pro-rated percentage of the total tuition cost. This fiscal year as in the past two years the Budget has had $75,000.00 in it to cover tuition assistance. Up until now c/o's have not come close to utilizing all of this money. Now that [he program is prepaid we expect to exceed this amount during this fiscal year. When we see that we are exceeding the $75,000.00 then we will have to approach the Legislature about increasing that amount as needed. First, however, we are going to have to show the Legislature that we are taking fall advantage of this benefit. If you have any thoughts about getting a college education please take full advantage of this program. Right now you are the only State employees with such a benefit. A college education will benefit you in many ways over your life time. ft's something that will increase your earning power over the years many times, even if you do not make corrections your lifetime career.
Bills affecting you as State Employees:
HB 15: This is a bill that I took a very strong position opposing on your behalf This bill involves survivors' benefits to divorced spouses. Currently when a State employee gets a divorce one of the things the judge can rule upon is what percentage, if any, of an employees pension the ex-spouse should be entitled to, depending upon how long they were married. Current law does not cover the State employees death benefit through the pension system. In order for an ex-spouse to receive any portion of the death benefit that portion must be agreed upon by both at the time of their divorce. If the State employee doesn't agree then the previous spouse will not receive any of the death benefit. This will change if HB 15 is enacted into law. After that ajudge can rule to give a previous spouse a specific percentage of the death benefit even if the State employee disagrees. I feel very strongly that this is unfair to the State employee and if they've remarried their current spouse. I was able to stop this bill from coming out of committee during the 2001 session, but the Delaware ABA and specifically family court attorneys, as well as the pension system would like to see this bill passed.
I will again be watching it during the2OO2 legislative session. It would help if you have an opinion one way or the other for you to write to Representative Gernld Buckworth, the bills sponsor, at Legislative Hall and let him know whether you oppose or support this bill.
HB 62: This bill amends Title 19 of the Delaware Code relating to appeals from the Industrial Accident Board to Superior Court. The bill, which has been signed into law, formally recognizes that the appeal time is 30 days and are to Superior Court.
HB 63: This bill when enacted will allow for State Personnel to establish a State employee disability income insurance program. The bill calls for the program to be voluntary and completely paid for by the employees at no cost to the State. I think that this could be an important program for State employees to take a look at once it been established, especially young employees with families and a limited number of accumulated sick days. There won't be any further action on this bill until the 2002 legislative session and I will keep you posted on whatever happens.
HB 75: This bill provides that an employer, including the State and any agency of the State or subdivision thereo{ who monitors any telephone call, e-mails, or Internet access of or by employees must give notice of such monitoring activities to the employees prior to doing so, or at the time of hiring. This bill has been signed into law.
HB 81: This bill when enacted will amend the Public Employment Relations Act to specity the mediation and binding arbitration process. Further the Merit System is modified to make classification, hazardous duty pays and leaves negotiable while leaving examination, appointment and promotion processes subject to merit Board determination. This bill was introduced during the end of June and remains in committee. The bill is meant to expand on the subjects allowed in negotiations. I have reviewed the bill and have found some potential problems with it. Between now and the 2002 Legislative session I plan to discuss these problems with the sponsor to see if they can be corrected. I will further expand upon this bill in a follow-up article.
Bills affecting you as Delawareans:
HB 58: This bill, which has been signed into law, may affect your juvenile child if of driving age where night time restrictions are in place upon their drivers licenses. It will only affect those juveniles who are part O{ or have the desire to become part of Delaware's Volunteer Firefighters and ambulance attendants. Basically, the law will exempt them from those restrictions while enroute to or returning from their company stations, provided they have something in writing from their fire chief or ambulance captain.
HB 84: This act, which has been signed into law, provides for a Money Management Program for certain specific needy older persons. The act will target low-income older persons, and persons with disabilities, who are at risk because of their inability to manage their financial affairs. The Division of Services for Aging, and Adults with Physical Disabilities would be responsible for managing the program. Possibly you know of someone, or have an older relative who may be in need of such assistance.
HB 93: This bill, which has been signed into law, deals with the transfer of patient records from one physician to another. It provides that a physician may not charge a fee for the transfer of a summary of the records to a new physician. If however, the patient or the new physician would like a copy of the patients complete record then the prior physician shall be reimbursed reasonable copying costs, not to exceed $25.00. In addition, if a patient changes physicians and fails to notifir the prior physician or to request his or her records, the prior physician may destroy the records after seven (7) years.
Bills related to miscellaneous subjects:
HB 30: This bill, which has been signed into law, authorizes the Dept. of Health & Social Services to establish a program for Delaware residents with severe disabilities Uving in the community. The program would prevent unnecessary institutionalization.
Eligible participants could obtain assistance in several core contexts, including feeding, bathing, personal hygiene, and mobility. The program would offer services based on financial need, implemented by a sliding scale developed by the Dept.
HB 37: This bill, which has been held in the House Revenue and Finance committee would provide for a tax credit of up to $150.00 on Delaware State Income taxes for dues and assessments paid to a homeowners association. If you support this concept and would benefit from it please let me know. Also, send a letter to Representative Deborah D. Hudson, Chairman of the committee stating your support.
HB 40: This bill, which has been held in the Appropriations Comm., would allow the subtraction of up to $5000.00 from your federal adjusted gross income for contributions made into the Delaware Qualified Tuition Savings Program from your Delaware personal income taxes. Here again, if you would benefit from this bill write to me and to Rep. Joseph D D\?into, Chairman of the committee, stating your support.
HB 46: This bill, which has been held in the Appropriations Comm. would grant a $300.00 military bonus for any Delaware veteran who served on active duty in Granada, Panama and the Persian Gulf during certain periods. The $300.00 bonus would apply to each of the three. If this would apply to you I'd like to hear from you.
HB 59: This bill, which has been held in the Appropriations Comm., is meant to encourage recycling by allowing residents to deduct mileage costs for travel to and from Recycle Delaware Centers from their Delaware personal income tax. If you support this concept send a letter to Rep. Joseph D. DiPinto, the comm. chairman and "cc" a copy to me. Only by the residents getting involved in the legislative process can we get some of these bills passed.
HB 100: This bill, which has been signed into law, will provide complete parity for health insurance coverage between treatment for physical disorders and treatment for mental disorders. Further, the bill provides that ADID and autism are mental disorders. The bill was extensively amended before passage, but if you think it may be of a benefit to a family member, or someone you know check with, or have them check with the Department of Health and Social Services, or the Bureau of Alcoholism and Drug Abuse. The bill does cover drug and/or alcohol dependency to some degree.
This will end my initial review of the first 100 pieces of legislation introduced in the House of Representatives and acted upon during the 2001 Legislative Session. In my next article I will cover the second 100 House Bills. I hope that these articles will be of interest to each and every one of you. There are many subjects that are taken up by the General Assembly each year and I believe that by being better informed it will benefit each of you. I'm also interested in hearing from you about any of these bills. It will help me better represent you at Legislative Hall.
