3/17/16 MSH Meeting Minutes

Present: Amanda Mathiowetz, Kurt Crosby, James Hemshrot, Matt Stenger, Tim Headlee, Stacey Mueller, Carol Olson, Cindy Jungers, Michelle Chalin, Lisa Vanderveen-Nagel, Scott Melby, Katie Gleason, Colleen Ryan

 Follow up Items:
1. Private Security Company Usage
a. The Nursing Home had 22 1-way trips with the AMV Service. No Security Service was used. The AMV trips were used mostly to Mankato.  The percentage of the times that AMV is used is very low per management. There are a lot of trips going out from the Nursing Home. MSOP no longer covers transports for their clientele.
b. AFSCME asked if management has considered any of these duties being covered by employees on light duty. They are aware of an employee that has done so for 5 years but is no longer being offered this. Management noted there are reasons for that particular situation but could not discuss because of private health information and it is under Workers’ Comp management. AFSCME stated that they understand contractually they cannot create positions for people but we are contracting out. Management stated that employees on approved light duty, are offered this opportunity to work if it fits into their medical restrictions. A lot of the time the restriction says, “No patient contact.” Also, a limit on the amount of weight that can be lifted, as well as other factors. would likely make an employee not eligible to drive to the hospital. Management said that more descriptive medical documentation shows what an employee can do. If a restriction does say no patient contact it really limits what that employee can do. Management does not always know what the medical condition is. Management stated that for employees whose injuries are covered under Workers’ Compensation, we take our direction from the Worker’s Compensation Office. 
2. HSSS title to SC/SCL’s
a. Last month’s meeting Melissa Gresczyk brought a lot of good information. It was said that we would revisit this to see if there was progress. This did come up at a BMS meeting. This is more about the pay than the title. AFSCME stated that they thought the pay difference is minimal. This is tied directly towards a different working title for SC’s. Management reminded the group that what was shared at the last meeting was a need to engage MSOP regarding a different title than SC/SCL.  That there are implications with this decision that is beyond just Forensics.  We have not heard of any further conversation or direction.
3. 24/48 MOU
a. The proposed MOU was drafted and shared with AFSCME . There is a lot of Local 404 conversation around it. AFSCME will have to sit down with the whole Executive Board before further discussion. The LPN MOU to allow staff to go from part-time to full-time status was signed.
4. Turnaround Time (7.5 hours)
a. AFSCME would like to establish a meeting to have discussion on this topic and consider tying into the 24/48 meeting. AFSCME would like to request that we convert into the 26 rule because these are so closely related. AFSCME will get back to Cindy Jungers on when will work to set up this meeting.
5. BMS proposal Update
a. There are a lot of proposals. Smaller sub groups are trying to regroup and reschedule meetings. Proposals are being prepped and made ready. Some are being sent back for further revision. Some groups are finishing up and winding down bringing things forward for the large group. A lot of proposals are internal with questions on who can do what.
b. The Person Centered proposal was brought forward to the large group.
c. The BMS process that was proposed went forward.
d. There will be a lot of training on various topics that came out of the BMS project. Management stated that we need to figure out the best way the proposals get acted on. We cannot do everything at once. We have Labor Management Communications training next Wednesday. A lot of that can get brought to that group. A lot of outstanding topics can be brought there.
e. Management stated that they had a meeting with all locals, Tony Cornish, Jack Considine, Jeff Johnson, Laurie Halverson, and Kathy Sheran. Thought that this meeting went well and that labor represented themselves well. Scott Melby stated that he has seen a lot of support between unions.
6. Vacation Audit
a. Management was waiting for a follow up meeting withall the parties that need to be involved present. That has not occurred yet but can be scheduled in a week or two. Everyone involved is interested in coming up with a process and we do not have one right now.
1. Overtime Approval Process
a. Management is implementing a new system to assess and evaluate overtime and how/when overtime hours are being utilized. RNODs, SODs will need to go through their program directors and then Carol to fill overtime needs. This is an effort to scrutinize and reduce overtime if possible by filling/covering through other means. Management is not saying they will not fill a need but trying to look at ways to reduce overtime if possible and to ensure we have exhausted all other viable options before resorting to overtime.
b. The Union shared multiple concerns in regards to already running short of staffing.  Management further clarified that the staffing consultants have noticed we currently have staff that at times are sitting around and not on units. We need to remember that we are all one budget and one team and need to make sure we are utilizing our resources amongst programs. The Union also asked about how we are utilizing the Utility Pool amongst units and Management shared that we will be looking at trying to use creatively going forward to cover holes but have not formulated how that will look yet. Collectively we will be weighing multiple factors and want to empower our employees to cover the units creatively. Management shared that if employees have questions regarding this process they should reach out to program directors/management. Management shared that it is our obligation to have good data that shows us what is driving our overtime.  This data can help to inform us on better staffing allocations and better utilization of staff.  We have to be good stewards of state dollars.
c. AFSCME does not support leaving units short while not approving overtime. This will in turn impact patient care and staff safety. If a situation comes about where that is happening please report to Tim Headlee.
1. Current MSH vacancies (SC/SCL & LPNs)
d. There are 17 SC vacancies including our hiring pool. We have 8 on units. 3 of those will be filled from the hiring pool and that is part of the 17 vacancies. The other 9 are part of the hiring pool.
e. There are 6 LPN vacancies.
2. Admissions Unit/Staffing levels (weekends)
a. There is not a nurse scheduled on the weekend. There is concern because the Outeryard will begin becoming utilized more with the warmer weather. Without the help of a nurse this will leave 1 staff on the unit and the other in the Outeryard. This leaves possibilities for patients to have staff allegations and unsafe working conditions. This will also hurt the attention patients are receiving. The employees on this unit have a list of concerns. They attempted to go through their direct supervisor and were told that, “We are doing what we can.”
b. Carol Olson stated that she had heard a report from staff on that unit that the door will be getting fixed so that staff can buzz for the door to be opened. Staff would not have to go through Control Center. She stated that she is going to follow up with TC.
c. Management stated that they are hoping that during downtime they can schedule Utility Pool to cover when that unit takes patients outside. This is something that can be addressed outside of this meeting. Scott Melby stated that if possible to let him know beforehand about an issue like this. It would be more productive. Scott stated that he will follow up with that unit’s supervisor to come up with possible solutions. AFSCME said the staff on that unit do not have much faith in their supervisor so that is why they went this route. Scott stated that he was not aware of this.
d. For now because of the nursing shortage staff should try to call for help elsewhere or cancel the outeryard. Staff can also talk to the nurse at the beginning of the shift to try to align with their downtime.
3. MSH OT distribution (call list)
a. AFSCME stated that they would like to reassure that the overtime list is exhausted first before going to MAPE. They are seeing MAPE staff being called in before AFSCME. Not sure where the infraction is. A former SC took a GMW position within the last couple of months did not get offered overtime before MAPE. Also, AFSCME had heard of an incident where an RN was offered overtime before an LPN. Management stated that that was probably an error. Typically that does not happen. Derek was given details, Scott Melby will follow up. Overtime should be offered to SC’s at point of inverse, then will look at AFSCME, then elsewhere.
4. Intermittent employees (unit coverage/capable & qualified)
a. AFSCME has received a few complaints from SC’s that intermittents are receiving special treatment with where they are being placed for their shift. The complaint is that an Intermittent staff can say that they will only work if they are placed on a certain unit, the OD will agree because this eliminates overtime, as a result a staff who bid to the unit the intermittent staff will cover has to cover where the actual vacancy is. AFSCME asked for proof of this happening and did receive daily logs showing that this happens. Intermittent staff should be capable and qualified to work every area. Management pointed out that intermittents can decline a shift and that them taking the shift does help a staff not get inversed. AFSCME asked that those intermittents who are unwilling to work where they get placed receive a letter stating that they are no longer employed. Management stated that intermittents are nice to have because it cuts down on overtime. Management also acknowledged AFSCME’s statement about not wanting bid staff shuffled to accommodate an intermittent staff’s choice of work area. Scott stated that he will do some research on this entire topic.
5. Contract Infractions/violations (FNH & CRP improper inversing)
a. AFSCME has received calls stating that RNOD’s are being told to, “Do what you have to do with the schedule and to inverse who you have to. They’ll grieve it, get denied, the penalty pay will just be that they received overtime pay. That is compensation enough.” Tim Headlee stated that this is showing total disregard for the contract. Lisa Vanderveen-Nagel stated that they have really been working on communicating with the RNOD’s to avoid inversing. She stated that they are hopeful that the new scheduling pattern will help with some of that.
b. AFSCME stated that when someone is wrongfully inversed, in the grievance process they usually ask for comp time. They are receiving replies that the overtime paid at the time of inverse is compensation enough.  AFSCME stated that we are getting some back from the FNH and Johnson Hall like this. Not sure where it is coming from. Management stated that it might be some dynamics that were different and that they can do some checking. HR thought that these were mainly talking about 24 in 48 which are in Step 3. Other ones are regarding work rule were a completely different subject. Nursing Home management stated that they have run into having to inverse when the staff has fallen into the 24 in 48 rule because there was no one else.
6. MSH work rules/agreements staff accessibility (Article 22)
7. There are no longer work rules. According to Article 22 this information needs to be accessible. If something is going to be seen as an answer to a grievance it needs to be part of the contract or accessible. If there are agreements or assignments that could lead to a disciplinary action how can’t it be accessible to AFSCME? HR stated that sometimes they do not have access to that information either. Examples are if HR contacts another program or state agency and/or MMB to discuss what has occurred in similar situations . Whomever they talk to might have a relevant document. AFSCME stated that everything they can find states that information is exhausted after 7 years. This includes arbitrated pieces. HR stated that arbitrated pieces are public. You can access this from the BMS work site. AFSCME stated that an agreement from 1986 should not be used. Cindy Jungers stated that “agreement” is probably not the right word related to the documents utilized and discussed. Documents that have been referenced are Settlements and Releases and arbitration awards, as well as other documents. She will research AFSCME’s statement about the 7-year limitation . AFSCME said We need to come to an agreement on when something is exempt. AFSCME stated that they would like it to be made aware that this is happening. Notifications: Probation extensions, staff reassignments & etc.
a. This is just a reminder that AFSCME needs to be made aware when staff move into or out of WOC and Temporary Reassignment positions. Management asked for clarification if they had missed any and AFSCME did not believe so.
8. HR & Union remedy/resolutions (Article 17)
a. Are there other ways we could remedy a grievance without penalty pay? Molly Kennedy stated that some grievances in MSOP have been resolved with a vacation day of the employee’s choosing. AFSCME stated that we need to be creative with how to remedy. A grievance is about acknowledging the contract violation.  This will be reviewed next month.
9. Y65 Shift Differential Code
a. Y65 is a time book code for overtime shift differential. This code is new to take the manual process out of calculating overtime rates. AFSCME asked if there is a different code for holiday pay shift dif. Is there some sort of formula built? Cindy Jungers checked and stated that she cannot see that at face value but will look into this more.
b. There seems to have been confusion on this code when the email came out addressing Y65. This email was only about the code and compensating the OT piece.
10. New Policies
a. We are now going to a caffeine free environment in MSH, CRP, Nursing Home, and Transition. This will include all canteen and vending machines. There will still be candy. Transition Services will get to bring back pop and coffee from outings. Caffeine can be had during outings but cannot bring it back. There will be coffee on the units for breakfast and lunch and we will not have to limit how much patients have during that time. Coffee at Supper will be de-caffeinated. Management is putting together a message about this for the patients and staff. Management asked that staff be aware of what they are drinking in front of the patients. Staff can still drink caffeine but please be sympathetic.
b. Also coming out in the next few months will be an updated policy in regards to Media materials for patients. We will be limiting the media they have and won’t proactively get rid of but will slowly dispose of through searches.