Anonymous Recently Asked Questions (You're Welcome to Submit Yours)

[CouriersPerspective]

Hi! I occassionally receive questions and thought perhaps it would be a good idea to begin a Recently Asked Questions (RAQ) section. I hope this will be utilized and useful for us; Everyone may register for a FREE account for our forums and post anything they choose.

Question:
Is there a way to get a copy of their by-laws?
We recently asked for a copy of the minutes to our last general meeting. It was told to us that there were "no" minutes to that meeting because there was not a quarom.
We attended that meeting for about an hour and they certainly held a meeting.
I want to see where it states that no minutes need to be recorded at any of their minutes.
anxious to hear back
Thanks

Answer:
Hi,

Thank you for writing; I'm always eager to receive questions and feedback from fellow Members and "Unofficially OPEIU 30" site visitors!

We did have a 'Rogue Reporter' whom attended the most recent Union meeting in San Diego and I was briefed about the meeting by him. According to the information I was given, it is correct that there was not an adequate number of Members in attendance (a quorum of 15 or more Members are needed [there were only 14 present]) so that the Union could hold an official meeting. Instead, what did take place was called an "informational meeting". During informational meetings, the OPEIU, Local 30's elected Recording Secretary, Diane Nunez ([e-mail]), is not obligated to take minutes of the meeting. During informational meetings, no business (such as Walter's latest agenda, http://www.nabble.com/forum/ViewPost.jtp?post=15101510&framed=y) may be introduced for a vote or voted on.

At your discretion, I could send to you a copy of OPEIU Local 30's Constitution and Bylaws if you choose to reply with your address and/or a Kaiser Permanente work location to include facility name and department.

Thanks again, you're always welcome to visit our site and post questions, Local 30 experiences (good or bad) within our Forums. Please let other Members know about the site as we intend to utilize it to offer information for Members and expect to have information of interest as it relates to Local 30's upcoming, September officer nominations and elections.

Fraternally,

Dustin

[CouriersPerspective]

Question

Hello Dustin,

Could you send me a few stickers about cingular???
I like your website, maybe local 30 should look too? :)
Sincerly & In Unity,

Answer

Hi,

I'm happy to provide you with some of the 'My Wireless is Union' stickers which I have.

I also appreciate your support of my site; I'm not sure how often the office views it (though I'm sure they wouldn't admit to ever). I'm most disappointed in the unfortunate truth that it's existence hasn't proded Walter to do anything with the officical site. There was some talk of their intent to create an all-new site....I'm still waiting. Seriously, it would be nice if they would do something, the current one is an embarrasment. I was also hoping my resignation from the 'Communications Committee' would spur Walter to have the committee (and many of the others) actually meet! It may not have met post my resignation. Other 'sub-committee' members, such as David Kessinger, have been awaiting their respective sub-committees to reconveine for equally as long (if not longer). David has not had been involved in the last few newsletters (he is on the Newsletter subcommittee).

With the new year, comes new opportunities!

Are you considering running for a Union position this new year?

Fraternally,

Dustin

[CouriersPerspective]

Question:

"Dissention is the greatest form of Patriotism"

This is not a quote from Thomas Jefferson. Furthermore it is a stupid quote as evidenced by the fact that Benedict Arnold was a dissentor.

Answer:

Hi,

Thanks for your comments, I really appreciate hearing yours and everyone who would like to offer feedback about the website.

However, "Dissention is the greatest form of Patriotism" is a quote from Thomas Jefferson. Further, one may be a dessenter without being a traitor too, as in your referencing of Benedict Arnold. In absence of dissention, is complacency and stagnation. Dissention offers growth, revolution, and evolution.

Fraternally,

Dustin Teske

[CouriersPerspective]

Question:
Hi once again. I figured you would remember me but I wasn't sure if you still had the same e-mail or not and I didn't want to be wasting my time on writing to someone else. ...... Do you know anything that is suppose to be going on in EVS? Our Manager sprung a meeting on us last Wednesday but I couldn't make it. ... Which they didn't notify everybody any ways. A co-worker told me of the meeting the night before... Any ways I was told by another co-worker that Jack Ward wants to bring all of the EVS at the clinics to the hospital to work and hire out ALL the clinics. But then yet they said that Jack Ward also said that some of the Couriers and File Clerks and another department or two would be transferring to EVS. Which would make more sense then outsourcing. But when I talked to one of the Couriers last night, he said that they had a meeting and was told that they were staying where they were and that they weren't going anywhere. EV'S workers are just so stressed about what is going on with us and what is not going on. In the last meeting that I went to Jack said that we weren't going to have a realignment. Then 2 weeks ago I was on vacation and they had another meeting and they were told that we were going to have a realignment. This last meeting on Wednesday the 24Th they said that Jack said that we would know by November of this year. I have more to talk to you about but I'll wait for a response from you to see if you know anything about what I have sad so far. Thank you for responding so soon.

Answer:
Hi ...,

I was not aware of either of the scenarios you asked about, in regards to EVS. I contacted Mark Bailey from the Union office (I did not use your name) and asked the questions of him. He confirmed that Management had in fact configured a new budget relative to a possible realignment. But, he said that no talks had taken place between Management and the Union in regards to a realignment. Mark also stated that it would be, "stupid of [the Union] to agree to outsource more clinics" and he seemed to insist that would not happen. According to Mark, one of the primary reasons for a potential realignment was because of a proposed change in operating hours and addition of UAC in La Mesa. According to Mark, there was no proposed timeframe for the potential realignment. In regards to couriers be reassigned to work in EVS, our National contract provides for Workers to be retrained where reasonably possible and/ or reassigned to other work, should that Worker's position be eliminated (rather than simply being laid off). However, no cuts within the courier department have been made as of this time. A United Based Team may be forming soon though, within the Logistics Departement, which may have some influence in regards to the effects of Health Connect and the impending changes which may result. Mark asked me to convey that anyone intereted in contacting him about this issue may and he promises to reply quickly.

Fraternaly,

Dustin

[CouriersPerspective]

Question:
How much do we get for the PSP this year?

Answer:
We don't know (as of today's date). Reportedly, PSP goals run through the middle of December so the results can not yet be definatively tabulated (as of today's date). When results are finally tabulated, you may expect to receive the PSP amount for which we qualify around April of 2009.

Fratrnally,

Dutin

[CouriersPerspective]

Question:
I would like to file a grievance against another coworker. Can I do this?

Answer:
Contrary to what 'the Union' may tell you, you may file a grievance in regards to this issue, however, you would not file the grievance against your Coworker, you would technically be filing the grievance against your Employer. Grievances may only be filed when the issue at hand is a violation of the contract. For Kaiser Employees covered under OPEIU/ Kaiser Agreement, the grievance would be based on a violation would be of Article 1, Section 3. And, while you will probably get a lot of resistance from 'the Union' in regards to actually filing this grievance, I encourage you to also persue addressing your Coworker concerns through the Kaiser Personnel office.

Fraternally,

Dustin

[CouriersPerspective]

Question:
Can I file a grievance in regards to a HIPPA concern [misuse, unauthorized access, etc. of medical records and/or Member/ Patient Information]?

Answer:
Yes. This may be a violation of Article 2, Section 4. You may also chose to contact your Supervisor, Kaiser Human Resources and/or Kaiser Corporate Compliance (if you choose to contact Kaiser Corporate Compliance you may do so and elect to remain anonymous).

Fraternally,

Dustin

[CouriersPerspective]

Question:
Is the Union working on getting the EVS jobs, which were outsourced throughout San Diego County, brought back inhouse?

Answer:
No. This has been one of the prime issues which have aggitated me for quite a long time. To date, the EVS jobs you are refering to have been outsourced for more than eight years. The outsourcing of said positions was agreed to by our Union under Bill Stowe's adminsitration of OPEIU, Local 30. Since that time, none of the positions have been brought back inhouse and a subcontractor continues to be utilized by Kaiser. Further, as new facilities have been added within the San Diego area (such as the San Marcos, Oceanside and Kearny Mesa facilities) the EVS positions in those facilities have also been outsourced under Walter Allen's administration of OPEIU, Local 30. I have been on outspoken critic of the repercussios of this outsourcing issue. I have been described as a "thorn in our [OPEIU, Local 30 Staff's] side," as quoted by OPEIU, Local 30 President, Marianne Giordano. My attending OPEIU, Local 30 Membership Meetings has been in futility as the current OPEIU, Local 30 Staff and Executive Board has chosen not to act in regards to this issue (as well as others which I have attempted to have them address). Therefore, I have discontinued attending Membership and Steward meetings and recently attempted an unsuccessful bid for an Executive Board postion, where I may be able to better influence the other Board Members and OPEIU, Local 30 Staff in regards to important issues such as outsourcing. So, to reaffirm the answer to your question, no, the Union is not currently working to regain the EVS bargaining unit positions which Kaiser outsourced nor is the Union working to keep new EVS bargaining unit positions from being outsourced.

Fraternaly,

Dustin

[CouriersPerspective ()]

Question:
Hi Dustin,

... Still allot of problems in our Department. Jack Ward has already changed our whole departments schedules. We haven't changed yet. Was suppose to change December 28, 2008 but now I heard not until January. He has taken it on his own and revised a new schedule. He is having ALL of the clinic worker being pulled from the clinic two days out of the week to work the hospital two weekends a month and having people at the hospital fill in at the clinic when the clinic workers are at the hospital. Doesn't make any sense to us. I have asked one of our Supervisor, Christina twice now what was the purpose of the new changes. First time the answer was that the people that were working weekend were tired and thought that it wasn't fair that clinic workers were off all weekend. (Which isn't that what SENIORITY is partly about?) The second time the answer was that our department is short on worker. More areas and not enough people to work them. (Doesn't make any sense once again. How is that going to change if you are just swapping out worker for worker.) We don't know which days we will be pulled and we don't know where we will be working or if we ever worked that type of job. So, so much for SENIORITY. What? will we be back at DAY 1, having to keep checking a schedule board again to see where we will be working and then getting in trouble because they changed it somewhere in between when we were at the hospital working and then back at the clinic. We have applied for the jobs that we have to work around our family's and some people have part time jobs on the week ends just to be able to make house payments. Clinic's are night workers and from what I can remember their are allot more EVS workers in the day at the Hospital and if we are put in a day position how is that going to upset a Clinic worker. .... Anyways is this something that Jack Ward can do on his own without getting some kind of higher approval. That rules for our department are different then other departments. At least they have seemed like they are lately. I don't understand why all this stuff is happening in our department now. January I will have 19 years at Kaiser and never before did we ever have so much trouble. I could go on and on but I better send this... Remember we are night workers and our time schedule doesn't change on weekends or vacation in fact. If you have or get any information I would appreciate if you would let me know too.... Sorry for not writing a more professional e-mail but this is just getting to be so irritating its ridicules.

Answer:
... Also, thank you for the information. I agree with you in that the two reasons provided fr the recent changes don't make any sense. Unfortunately, KP Management is pretty much in charge of making the decisions (even when they don't make sense) and even though we are in a "partnership" with them. - You may notice a lot of areas within the contract where it's stated that Management will discuss will Labor in regards to various issues but that the final decision is that of Managment.

Yes, Managment is supposed to negotiate work changes with the Union, however, I'm sure that Management will state that it already has when we negotiated our contract. They could point to articles like Articles 5 and 12, Section 6 and explain how they are in compliance with it. There are several 'grey areas' within article 12 but you'll notice at, paragraph 1225, that "...the final right to arrange working schedules rests with the Employer...".

On a lighter note, I do know that the Union does not agree with weekend rotation/ Zion rotation and is supposedly filing a grievance in regards to these issues. Perhaps the Union will remind Management about 'LMP', hold hands and sing coombiyah and get lucky on this one. But, according to our contract, Management is within it's rights.

If (when) OPEIU, Local 30 fails to change Management's decision, I encourage all of the Workers in EVS to file a grievance each time Management makes an error on the schedule. - If Management is going to make the Worker's lives miserable with the schedule, the least the Workers can do is to do the same to Management. - But good luck trying to get the Union to sign and file the grievances. My impression is that they are trying to stay away from filing grievances (even when all else has failed and the Workers are still getting screwed).

Updae: Please check out the petition, in relation to his issue, which is currently available on our homepage (www.OPEIUVoice.org).

Fraternally,

Dustin

[Litia]

I would like to know how Jack Ward can take employees who have applied for and recieved positions that are for certain areas and certain days and work shifts and move them around?  Unless the job posting states varied shifts and days then it is my understanding that he cannot do this.  I am not an EVS employee but am VERY familiar with Mr. Ward when he was the ADA for SPD.  Not very well liked, very sneaky, and very untrustworthy.  He has the management mentality of "do now and take consequences later"  much of that of the DA for the Operating Room.  

There many, many problems with LMP, the single most important being that we are in bed with management!  How can we as a union have any power at all when we are really sleeping with the enemy?

Just a question to ponder.

[CouriersPerspective]

Hi Litia,

I understand that you intended the areas addressed within your post as, "question[s] to ponder" but I'd like to offer my perspective regarding a few of the areas;

In regards to Management moving Employees' shifts and work locations:

Article 5 of the agreement between our Union and our Employer (Kaiser Permanente) addresses some of the rights of Managements (such as those in regards to Employees' shifts, workloads and work locations). Article 8 also addresses this area stating, "Notwithstanding posted requirements, the Employer shall have the right to assign any Employee within a classification to any job assignment, task assignment, work location, or desk assignment."

Notwithstading the above sections of the agreement, Article 12, Section 6 describes how the Employer will attempt to schedule Employees and Article 12, Section 7 describes how the correct process for changing Employees' shifts, when doing so becomes necessary (as determined by the Employer).

If a Union Member is dealing with a difficult situation (such as the one you described), I would encourge him/her to contact a Union Steward and/or Business Agent within the Union and discuss his/her concerns (specifically mentioning the two, latter articles mentioned above). However, good luck with getting our Union to file a grievance on your behalf - chances are, you'll need to fight our own office in order to try to get them to fight for us.

In regards to your concerns about the LMP:

There are many others who are concerned about the manner in which the LMP has been implemented, here, in San Diego. That is why, when David Kessinger ran for the position of Executive Director of OPEIU, Local 30, last year, he explained that the LMP needed to be changed (see: http://opeiu30.org/DavidForExecutiveDirector.html). However, I don't necessarily agree with the "in bed with management" characterization; I believe it's necessary to understand that there are certain areas of mutual interest, shared by both Union Members and our Employer (i.e. Company success/Employee Success, Worker Safety). These areas can be worked on, together in order for our Employer to "thrive" so that we, as Employees, may share in this thriving by receiving better compensation and safer workplaces, etc. But I do agree with your concern that, notwithstanding the fact that we, as Employees, are the major funders of the LMP at Kaiser, it feels like we are getting the short end of the stick quite often.
It's near that time when our Union chooses whether to remain in the LMP or to exit the program. I believe it's either time to fix the LMP, or leave it.

Fraternally,

Dustin