Dept. of Corrections Arbitration Decision

Note to Dept. of Corrections Members: In an effort to address serious pay disparities between the same job classifications, your Corrections Bargaining team opted to bring your compensation package before an impartial arbitrator. The decision in that case, which is final and binding, is detailed below. 

You are still encouraged to review the remainder of the General Government agreement. The results below supercede General Government compensation gains. 

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Update 10/27/22:

We have received clarification from the Arbitrator for the Department of Corrections, Community Corrections Addendum to the General Government Contract:

The amended decision is attached here.​

Here is an example of the calculations: 

A Community Corrections Officer received the following award for the term of this contract. 

  • 8% Cost of Living adjustment 
  • 3% Essential Premium 
  • 5% Classification specific increase 

Total increase for the Community Corrections Officer 1,2, and 3  is 16% for this two-year contract. 

Additionally, you will receive the COVID Booster incentive of $1,000​ if you provide verification. 

The $1,000 dollar incentive contained within the General Government Contract is still “in play” and we are pursuing the award. 

This does not include the implementation of I-Coach, for which we will be going back into bargaining pursuing additional compensation based on the imposition of higher level duties.

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9/26/22

We have received the Arbitrator's decision for the Department of Corrections, Community Corrections Addendum to the General Government Contract.

We are still analyzing the award and have clarifying questions for the Arbitrator. Here is our initial assessment. 

Any text underlined below signifies an area of uncertainty that requires clarification from the Arbitrator.

An Example

This is confusing so let’s use the Community Response Unit as an example of the calculations:

For the two-year contract you receive the following increases:

  • 8% increase to base COLA
  • 7.5% Classification Adjustment
  • 1.3% increase to base for movement to CC Salary Range
  • 10% CRU Premium Compensation
  • 3% Essential Coverage Staffing Premium

Total Compensation to base increase: 29.8%

Other Compensation:

  • $2.50 Hourly Shift Premium
  • $ 1000.00 bonus for providing proof of COVID Vaccination/Booster

The Arbitrator called for:

  • All Classifications will move to the Community Corrections Salary Range. All Classifications other than the Hearings Officers and Community Corrections Officer series will receive 1.3 percent increase to base.
  • July 1, 2023 all ranges shall increase by 4.0 percent
  • July 1, 2024 all ranges shall increase by 2.0 percent
  • January 1, 2025 all ranges shall increase by 2.0 percent
  • The Community Response Unit will receive a 10% premium compensation
  • The Civil Commitment Unit shall receive 5% premium compensation
  • All staff have been designated as essential. Those designated to provide coverage within our prison system shall receive 3% premium compensation. (Currently, that includes everyone in CCD, we suspect that the Office of Fiscal Management will limit this through Policy)
  • The inherent need for flexibility, Appendix B, does not apply to Specialists. The Arbitrator urges the parties to settle the dispute through a Memorandum of Understanding

The Arbitrator called for classification specific increases:

  • Administrative Assistant 2 & 3 shall receive a 2 range (5%) increase July 1, 2023
  • Community Corrections Officer 1 shall receive a 1 range (2.5%) increase July 1, 2023
  • Community Corrections Officer 1 shall receive a 1 range (2.5%) increase July 1, 2024
  • Community Corrections Officer 2 shall receive a 1 range (2.5%) increase July 1, 2023
  • Community Corrections Officer 2 shall receive a 1 range (2.5%) increase July 1, 2024
  • Community Corrections Officer 3 shall receive a 1 range (2.5%) increase July 1, 2023
  • Community Corrections Officer 3 shall receive a 1 range (2.5%) increase July 1, 2024
  • Cook 1 shall receive a 3 range (7.5%) increase July 1, 2023
  • Cook 2 shall receive a 3 range (7.5%) increase July 1, 2023
  • Cook 3 shall receive a 3 range (7.5%) increase July 1, 2023
  • Hearings Officer 1 shall receive a 3 range (7.5%) increase on July 1, 2023
  • Hearings Officer 2 shall receive a 3 range (7.5%) increase on July 1, 2023
  • Corrections Specialist 1 shall receive a 1 range (2.5%) increase on July 1, 2023
  • Corrections Specialist 1 shall receive a 1 range (2.5%) increase on June 30, 2024
  • Corrections Specialist 1 shall receive a 1 range (2.5%) increase on July 1, 2024
  • Corrections Specialist 2 shall receive a 1 range (2.5%) increase on July 1, 2023
  • Corrections Specialist 2 shall receive a 1 range (2.5%) increase on June 30, 2023
  • Corrections Specialist 2 shall receive a 1 range (2.5%) increase on July 1, 2024
  • Corrections Specialist 3 shall receive a 1 range (2.5%) increase on July 1, 2023
  • Corrections Specialist 3 shall receive a 1 range (2.5%) increase on June 30, 2024
  • Corrections Specialist 3 shall receive a 1 range (2.5%) increase on July 1, 2024
  • Corrections Specialist 4 shall receive a 1 range (2.5%) increase on July 1, 2023
  • Corrections Specialist 4 shall receive a 1 range (2.5%) increase on June 30, 2024
  • Corrections Specialist 4 shall receive a 1 range (2.5%) increase on July 1, 2024
  • Human Resource Consultant shall receive a 4 range (10%) increase July 1, 2023
  • Corrections Mental Health shall receive a 4 range (10% increase July 1, 2023
  • Food Service Manager 1 shall receive a 3 range (7.5) increase July 1, 2023
  • Food Service Manager 2 shall receive a 3 range (7.5) increase July 1, 2023
  • Food Service Manager 3 shall receive a 3 range (7.5) increase July 1, 2023
  • Maintenance Mechanic shall receive a 2 range (5%) increase July 1, 2023
  • Maintenance Mechanic shall receive a 1 range (2.5%) increase July 1, 2024
  • Office Assistant 1 shall receive a 4 range (10%) Increase July 1, 2023
  • Office Assistant 2 shall receive a 4 range (10%) Increase July 1, 2023
  • Office Assistant 3 shall receive a 4 range (10%) Increase July 1, 2023
  • Office Support Supervisor 1 shall receive a 2 step (5%) increase July 1, 2023
  • Office Support Supervisor 2 shall receive a 2 step (5%) increase July 1, 2023
  • Office Support Supervisor 3 shall receive a 2 step (5%) increase July 1, 2023
  • Office Support Manager shall receive a 2 step (5%) increase July 1, 2023
  • Corrections and Custody Officer 1 shall receive a 5 step (10%) increase July 1, 2023
  • Corrections and Custody Officer 2 shall receive a 2 step (5%) increase July 1, 2023
  • Corrections and Custody Officer 3 shall receive a 2 step (5%) increase July 1, 2023
  • Construction and Maintenance shall receive a 2 step (5%) increase July 1, 2023
  • Construction and Maintenance shall receive a 1 step (2.5%) increase July 1, 2024

Contractual Agreements negotiated by the Community Corrections Bargaining Team:

  • Article 4 (Hiring and appointments) the agency tried to further limit seniority transfers, and we maintained the current language.
  • Article 6 (Hours of work), we were able to add language that reflected our re-entry centers.
  • Article 20 (safety) We added language that requires the agency to work collaboratively to resolve safety issues. We also got them to agree to perform a workload study every 5 years.
  • Article 21 (Uniforms tool and equipment) We added language that designated CCOs and specialists hired after July 1, 2023 will be mandatorily armed.
  • Article 22 (Drugs and alcohol) language was added that those people who have been prescribed narcotics are required to report it to their appointing authority.
  • Article 27 (Discipline) the timeframe for the completion of investigations was reduced from 90 days to 60 days and the state is now required to provide updates every 30 days that the investigation is extended. We added that the employees are afforded constitutional and Garrity rights in this process. An employee accused of misconduct will not be removed from their job assignment unless there is a safety and security concern.
  • Article 33 (Seniority) We gained protections for members of the bargaining unit for reductions in force, seniority, and bid.
  • Article 37 (UMCC) we added a table for the Re-entry Centers.
  • Article 42 (Compensation) We moved all classifications to the “CC” salary schedule (a 1.3% increase for many job classes). We moved the shift differential pay from $1.00 an hour to $2.50.
  • Appendix “R” we extended the probationary period for Corrections Officers allowing them more time to complete their required training.

MOUs

We agreed to a Memorandum of Understanding (MOU) that anyone who provides verification of their COVID-19 booster will receive a $1000.00 one-time bonus. Stay tuned for details. We agreed to an MOU that requires labor and management to collaborate on the development and implementation of “soft” uniforms.

Contractual Agreements negotiated by General Government that apply to you:

  • Article 7 –Overtime: Greater protections around mandatory overtime and greater transparency around mandatory overtime lists.
  • Article 9- Employer will cover the cost of the CDL renewals
  • Article 21 – Uniforms, Tools & Equipment: New $1,200 annual tool allowance for employees who must supply their own tools
  • Article 27 – Discipline: Better oversight by Union during disciplinary investigations.
  • Article 45 – Contracting: Improved contracting out language which requires the employer to continue recruitment for funded positions even when they need to contract out temporarily.
  • Article 47 – Workplace Behavior: Emphasized no retaliatory behavior tolerated for reporting inappropriate workplace behavior.
  • Appendix G – Telework: Improved telework language during inclement weather.
  • MOU providing an additional $125.00/year who meet CDL requirements
  • MOU providing 5% premium pay for all employees who work on-site in 24/7 direct care facilities

OFM has taken the position that the two Memoranda of Understanding underlined above do not apply to Employees of the Department of Corrections covered under the Community Corrections Collective Bargaining Agreement. We are taking the position they do. We will fight to retain these benefits for members.

Contractual Agreements negotiated by State Health Care Coalition that apply to you:

  • Secured 85% Employer coverage 15% Member coverage
  • Removed weighted average plan lowering premium costs
  • Created Memorandum of Understanding outlining shared partnership for education/communication about State Healthcare
  • RE-directed the State from moving forward with a plan to do away with flexible spending accounts
  • Raised the salary to 60K for eligibility into FSAs

Next Steps:

  • The award does not include the implementation I-Coach which will require bargaining. Because the program is based on Graduated Re-Entry and required the same higher-level skills and abilities, we will place a demand to bargain asking for the Community Corrections Officer Classification to be elevated to Specialist ranges. We will file desk audits simultaneously.
  • Mandatory arming will create larger vacancy rates within Community Corrections creating recruitment and retention challenges. This is another criterion for increased compensation.
  • It became apparent that the State Classification system is defunct, and many classifications have not been given credit for the work they perform. We will seek legislative amendments allowing for greater say in the process.
  • WFSE signed on with a coalition of labor partners to legislatively amend the statutory limitations pertaining to comparative compensation analysis. We are seeking more of an apples-to-apples comparison. Supervision is not the same in every state. There is a cost to being the most progressive model nationally.

The decision is attached here. We are working on clarification with the Arbitrator and the state.

In Solidarity,

Community Corrections Bargaining Team

Don Malo, C­ommunity Corrections Officer
Judy Kuschel, Corrections Specialist
Jon Ogelsby, Community Corrections Officer
Jim Furchert, Community Corrections Officer
Bill Copland, Corrections Specialist
Ton Johnson, Law Enforcement Labor Advocate Chief Negotiator ­
Chris Coker, Attorney