PRESS RELEASE: Local 229 Calls for Harshbarger’s Immediate Resignation
November 17, 2011
On behalf of Probation Officers and Associate Probation Officers, Local 229 President Margaret Thompson sent a letter yesterday to Supreme Judicial Court Chief Justice Roderick Ireland, requesting that the chief justice seek the immediate resignation of Task Force Chair Scott Harshbarger (read the letter below).
Local 229 also issued the following press release:
Quincy—The local union representing Massachusetts probation officers has called on Chief Justice Roderick Ireland to force the resignation of Scott Harshbarger as chair of a task force appointed by the Supreme Judicial Court to investigate allegations of hiring and promotion fraud within the Probation Department.
The request for Harshbarger’s resignation comes in the wake of a call Harshbarger made to Governor Deval Patrick in an attempt to intervene on behalf of Michael McLaughlin, the former executive director of the Chelsea Housing Authority. McLaughlin abruptly resigned his position after the Boston Globe reported his $360,000 salary; he is now under state and federal investigation.
The probation union is outraged by what they say are questionable ethics and an extreme lack of judgment by Harshbarger, a citizen watchdog appointed to head the Task Force charged with “making recommendations to ensure a fair [Probation Department hiring and promotion] system with transparent procedures.”
“We find Scott Harshbarger’s behavior infuriating,” said Margaret Thompson, president of NAGE Local 229, which represents the probation officers. “We deserve to have at the helm of the Task Force a person who instills confidence that the principles of fairness, transparency, and integrity are the guiding force for recommendations.
“Based on news reports and Harshbarger’s own accounts, we no longer have that confidence.”
In a November 17 letter to Chief Justice Ireland, Thompson writes that Local 229 requests that Ireland “require Scott Harshbarger to submit his resignation as chair and participant of the Task Force on Hiring and Promotion Practices in the Judicial Branch effective immediately.”
Read Local 229 Letter to Chief Justice Ireland
Governor Signs Budget Bill Implementing Raise and Retro $$
October 28, 2011
Governor Patrick has signed the supplemental budget bill approving the contract between NAGE and the Trial Court for ALL NAGE Trial Court members.
The Trial Court has informed us that the 1% raise will be implemented in this pay period, which ends on November 4th, and will be reflected in your November 10th paycheck. The full schedule for this raise and retro payments is as follows:
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Payment |
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Paycheck date |
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1% raise implemented this pay period |
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11/10/2011 |
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FY2011 Retro (7/1/2010 – 6/30/2011)* |
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11/25/2011 |
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FY2012 Retro (7/1/2011 – 10/21/2011)* |
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12/9/2011 |
*The Trial Court has indicated that the retro money for FY11 and FY12 must be made in two separate payments, which is why you will receive the first retro payment (for FY11) on November 25th, and the second retro payment (for FY12) on December 9th.
NAGE and Trial Court Members Testify for Group 4 Bill
October 19, 2011
NAGE lobbyists and Trial Court members testified yesterday at the State House on behalf of House Bill 690, which would move associate probation officers, probation officers, assistant chief probation officers, probation officers-incharge, day reporting center probation officers, first assistant chief probation officers, court officers I, court officers II, assistant chief court officers, associate court officers, and court officers-in-charge into Group 4 retirement.
Probation Officer Emilio Cruz and Court Officer Richie Linehan offered firsthand testimony to the Joint Committee on Public Service about the danger they face and the toll it takes on court personnel.
Cruz testified, “Probation Officers, while visiting probationers’ homes, are not certain what they would face once the door is open.”
Linehan testified, “We are the critical link between the police and correction officers. We deal with the same people but don’t have the same protections.”
“We have a strong case for moving our Trial Court members into Group 4,” said NAGE lobbyist Jim Redmond, who attended the hearing. “We believe that legislators recognize that and we’re doing everything we can to see that our court members get the fair treatment in retirement that they deserve.”
Read the testimony of Emilio Cruz
Read Local 228 President David Abbott's letter to the Public Service Committee
NAGE-Negotiated 5th Week of Vacation after 17.5 Years Set for Implementation
August 23, 2011
As you may know, NAGE negotiated in the most recent contract a provision to give a fifth week of vacation to employees with 17.5 years or more of service.
NAGE fought for this improvement in the contract language to grant members eligibility for a fifth week of vacation after 17.5 years instead of 19.5 years.
The improved language is effective as of July 4, 2011. (Per MGL Chapter 150E, non-incremental cost items do not require legislative approval.)
Within the next two weeks, the Trial Court will be adjusting affected employees’ vacation earnings rate and will calculate vacation days owed.
Legislature Approves Court Management Bill
August 1, 2011
After weeks of negotiation, the House and Senate agreed to a compromise bill that will establish a civilian court administrator to manage Trial Court business operations.
Throughout the legislative process, NAGE worked hard to strengthen collective bargaining language within the bill to ensure that our Trial Court members would be protected under the new law.
We are happy to report that the final conference report that was approved by the House and Senate reflects NAGE’s efforts by the inclusion of several language improvements and clarifications.
The legislation is now before the governor awaiting his approval or further modification.
Please stay tuned for more updates as the legislative process continues.
Read the full text of the bill
NAGE Files Federal Lawsuit Against Trial Court over Hiring/Promotion Fraud
Eminent Attorney Charles Ogletree Joins Plaintiff Legal Team
June 22, 2011
The following press release was issued June 22
The NAGE Legal Department today (June 22) filed a lawsuit in U.S. District Court in Massachusetts against the Trial Court and the Probation Department, alleging the Trial Court’s promotional process was fraudulent and violated members’ First Amendment right to be free from discrimination based on political affiliation.
The union retained renowned civil rights attorney and Harvard Law School Professor Charles Ogletree, and the prestigious Washington, D.C. labor law firm, Bredhoff & Kaiser, to work with NAGE General Counsel Richard L. Barry, Jr., Deputy General Counsel Jean Zeiler, Attorney Michael Manning and the NAGE Legal Department.
The lawsuit comes after the report of Independent Counsel Paul Ware revealed massive hiring fraud within the Probation Department. A report issued shortly thereafter by a commission led by former Massachusetts Attorney General Scott Harshbarger indicated similar hiring and promotion abuses in the Trial Court.
The remedy NAGE seeks is the reopening of the process for filling the positions that were filled on the basis of candidates’ political affiliations. More than 100 probation officer employees have filed claims with the union indicating they believed they were illegally denied promotion.
“We will hold accountable the individuals and departments who systematically engaged in a conspiracy to deny members their right to hiring and promotion within the Probation Department and the Trial Court,” said National President David J. Holway. “The depth and breadth of the corruption here is almost beyond comprehension and its reach extends beyond just the member. We owe it to our members and their families to seek justice to the fullest extent.”
CONTRACT HIGHLIGHTS
WAGE INCREASES TOTALING 10%
Memorandum of Agreement (Effective July 1, 2007 through June 30, 2008)
3% increase effective 01/01/12*
Memorandum of Agreement (Effective July 1, 2009 through June 30, 2012)
1% increase effective 6/30/10 with retroactive payment of the increase
3% increase effective 01/01/12*
3% increase effective 06/30/12
* The 3% and 3% increases (total 6%) effective January 1, 2012 could be made effective sooner than January 1, 2012. As with all contracts, the timing of increases is heavily dependent on supplemental funding. If we are successful in lobbying the legislature to pass a supplemental funding bill, we will receive the 6% increase sooner than January 1, 2012. It will take all of us lobbying our legislators to make this happen. We will contact you as soon as possible with information about lobbying for the supplemental budget bill.
INCREASED UNIFORM ALLOWANCE
Employer agrees to increase the uniform allowance by $25 effective February 2012.
IMPROVEMENT IN VACATION LANGUAGE
Employees will be eligible for a 5th week of vacation upon reaching 17.5 years of service instead of upon reaching 19.5 years of service.
PROTECTIVE LANGUAGE CONCERNING EMPLOYEE EVALUATIONS
An Employee Performance Review instrument will not be implemented without impact bargaining, and will not be implemented until such time as a Management Performance Review instrument is implemented for all managers.
INCREASED EMPLOYER CONTRIBUTION TO THE NAGE/TRIAL COURT HEALTH & WELFARE TRUST FUND
The Commonwealth will increase its contribution to the NAGE Health & Welfare Trust Fund to maintain existing benefit levels. The Trust Fund provides benefits such as dental, optical, and dependent care coverage.
Never Forget Your Union Rights on the Job: "Weingarten Rights"
Most employees think it could never happen to them, but ... if you are ever called into an interview meeting with your supervisor or manager so that they can investigate a situation that might result in discipline, you have specific representational rights. These rights are called Weingarten Rights and are based on a 1975 Supreme Court decision (NLRB v. J. Weingarten).
WEINGARTEN RULES TO REMEMBER
Under the Supreme Court’s Weingarten decision, when an investigatory interview occurs, the following rules apply:
RULE 1: You have the right to have a union steward or union representative present, and you have the right to speak privately with your representative before the meeting and during the meeting. Your steward has the right to play an active role in the meeting and is not just a witness.
You must make a clear request for union representation before or during the interview; management is not obligated to inform you of your right to representation.
If your manager refuses to allow you to bring a representative, do not refuse to attend the meeting, but do not answer any questions either. Take notes. Once the meeting is over call your representative at once.
RULE 2: After you make the request, your supervisor or manager can do one of three things:
1. Grant the request and delay questioning until your union representative arrives and has a chance to consult privately with you; or
2. Deny the request and end the interview immediately; or
3. Give you a choice of (a) having the interview without your union rep or (b) ending the interview.
RULE 3: If your request for union representation is denied and your manager/supervisor continues to ask you questions, he or she is committing an unfair labor practice and you have a right to refuse to answer. Your manager or supervisor may not discipline you for such a refusal.
This statement could save your job!
"If this discussion could in any way lead to my being disciplined or terminated I respectfully request that my steward be present at the meeting. Without representation present, I choose not to respond to any questions or statements."
Associate Probation Officer Seniority List as of April 12, 2011
NATIONAL REPRESENTATIVES
Larry Cargilllcargill@nage.org
(w) 508-755-6221
(c) 508-335-4028
Garrett Mahoney
gmahoney@nage.org
(w) 508-755-6221
(c) 508-308-0190
