State Health Benefits Commission
The State Health Benefits Commission met a couple of weeks ago and discussed rates for medical, prescription, and dental rates.  They recommended that dental rates remain the same; that Aetna Medicare go from a supplemental program to a fully insured Medicare Advantage program; that there be a $1 increase  in Retiree brand name prescriptions; and that there be an implementation of $1160 out-of-pocket maximum for retirees.  Even though these recommended changes are not to affect us, because we have not yet settled our contract, the Executive Board attended the open meeting to monitor the projected changes.  We will continue to monitor all issues relating to any health care alterations.

Urine Testing
As everyone knows, we've had some issues with regard to the urine testing of our members over the last several years.  Over four years ago, we had a case out of Bayside where the first sample came back positive.  The Department's policy, and the Attorney General's Guidelines allow for a law enforcement officer to submit a split (second) sample when s/he is tested, so that they may have it tested by an independent laboratory if their first sample tests positive at the State Toxicology Laboratory.  In the case at Bayside, the first, State-tested sample came back positive.  The member gave a second split-sample and wanted to have it tested by an independent laboratory.  However, the manner in which the Department of Corrections collects and stores our second specimens, is not acceptable to any of the laboratories on the Attorney General's approved list.  This presented a problem, because the mechanism in place for an officer to prove his/her innocence through a second test, could not be employed.  It took a Judge's order to finally get the Bayside second-sample tested, over three years later.  We attempted to rectify this through negotiations with the Department, the Attorney General's Office, and the Governor's Office, to no avail.
More recently, we had another member test positive at Trenton State Prison.  Again, no independent laboratory would test the second split-sample due to the manner in which it was collected and stored.  Again, we were faced with a long drawn out court battle because we could not trigger our right to the testing of the second sample. 
Since we could get no one to listen to our pleas to change the manner in which the Department collected and stored our members' second samples, we had legislation introduced to address the shortcomings of the present policy.  To read the text of Assembly Bill 2234, click here .  Once the legislation was introduced, it was referred to the Law and Public Safety Committee for its consideration.  The PAC Committee and Executive Board has worked tirelessly in lobbying to get our "urine legislation" moved through the Legislature.  On September 15, 2008,  A2234 was placed on the Law and Public Safety Committee's agenda for consideration.  The Executive Board attended this Committee hearing, and both President Smith and Vice President Mesi testified before the Committee.  The NJ Superior Officer's Association was the only bargaining unit to attend the Committee hearing to provide testimony in support of the bill.  At that time, the Committee reported favorably on our "urine bill" and moved it out of Committee. 
On September 25, 2008, A2234 was placed on the Assembly's calendar for a vote of the full Assembly.  Again, the NJSOA Executive Board was the only union present to observe the proceedings.  We are extremely happy to report that our "urine bill" was unanimously approved, by a vote of 79 for, and 0 against, out of the General Assembly.  We owe a great deal of credit to Assemblyman Joseph Cryan for his assistance in getting our bill moved out of Committee and put to a vote before the General Assembly. 
We will now focus on lobbying the Senate so that we can garner support for this important legislation on that side of the fence as well.  We look forward to meeting with various Legislators so that we may explain our "urine bill" and the need for the changes to current policy. 

Bordentown Interim Representative
Union charges were recently brought against the Interim Representative.  A Committee was appointed to investigate the allegations.  Pending the outcome of the Committee's investigation, the Interim Representative was temporarily suspended, and the Executive Board served the needs of the members at Bordentown.  Terrance Graves was initially appointed as Chairman.  Committee members appointed were Troy Perkins, Eric Canty, and Reinaldo Moll.  Prior to being able to meet, Sergeant-at-Arms Graves was involved in a serious automobile accident.  Due to Graves’ incapacity, Mike Mesi was appointed to take over as the Committee Chairman.  The Committee met and considered evidence and testimony.  The Committee concluded and recommended to the Executive Board that the Interim Representative did not violate the Bylaws.  The Executive Board accepted the Committee's recommendation.  President resinstated the Interim Representative fo the reamainder of the term. 

PBA SLEU Bargaining Units sign tentative Agreement with the State
On August 20, 2008, the SLEU Bargaining Units for the Officers signed a tentative contract agreement with the State.  To read the details of the MOU, click here.  As everyone may recall, all of the Supervisory unions publicly opposed the move orchestrated by the State, the State PBA, and PBA 105 to seperate the SLEU Groups from Local 105. A joint letter was published in September 2007 opposing the seperation. We all had the forsight to know that the move was designed to "divide and conquer" the unions. We knew that once the smaller, weaker SLEU unions were seperated from the larger flock, the State would find it easy to slaughter them at the contract table. Our worst fears are close to being realized. The tentative agreement gives up the "newborn" and starts premium sharing for all employees. It also allows for the raising of copays and deductibles for doctor and emergency room visits, and for prescriptions, and further creates a two-tier system of benefits. It goes further to cap new employee's salaries, with no increases for the life of the contract. This tentative contract is completely unacceptable!
The tentative agreement is pending the ratification of the SLEU membership. We must mobilize and educate our subordinates in the SLEU units. They must be convinced that this tentative agreement is unacceptable. they must understand that they are selling off their benefits and newborn. We are unable to attach a copy of the tentative agreement at this time. All representatives have been provided with a copy. Contact your representative to receive a copy and read it yourself. We know you will be as astonished as we are. We have to attempt to have the SLEU vote this horrible contract down!

Constitution and Bylaws Proposed Changes
Several months ago it was brought to light that our Constitution and Bylaws didn't have language necessary for members to address conflicts arising from the actions of fellow union members. As a result, a Bylaws Committee was established to review the Bylaws and to recommend changes. Todd Faubert served as Chairman of the Committee, and the Committee was comprised of Michael Chrone, Jack Fucili, Terrance Graves, and Paul Peace.
The Committee met several times and completed a systematic review of the entire Constitution and Bylaws. At the Executive Board meeting on July 08, 2008, Todd Faubert made a motion that the Committee's recommended changes be accepted and put to the Membership for a vote. The Executive Board unanimously voted to present the Committee's proposed Bylaws changes to the membership for a vote.
Our Bylaws stipulate that "The proposed amendment(s) shall only be adopted upon the approval of a two-thirds majority vote of the active members in good standing present and properly assembled at that next membership meeting." The proposed changes were put to the Membership at the August 12, 2008 General Membership meeting. After some brief discussion and a couple of small adaptations, the proposed Bylaws changes were approved by the Membership. The newly revised Bylaws are attached here for you convenience.
Thanks to the entire Bylaws Committee for their dedication to improving the Bylaws and for their devotion of valuable time.

State Health Benefit Commission
The State Health Benefit Commission met on Thursday, August 21st and discussed recommendations made by AON Consultant's with regard to rate increases for health and prescription plans.  AON's recommendations can be viewed here .
Please note that these changes are for employees that have settled a contract, adn do not effect us at this time.  Members of the Executive Board attended the public meeting on August 21st in order to monitor the proposed changes.  These changes, while not immediately affecting us, will ultimately be discussed during our negotiations.  More to follow.

Meeting Minutes
A couple of months ago, the Institutional and Sub-Unit Representatives started receiving monthly minutes that reflect the agenda of each monthly General Membership Meeting.  The Representatives were instructed to disseminate these "minutes" to the members at their respective work areas.

Looking for a clever name for our Newsletter; got any ideas? Contact President Smith...
Coming soon is a semi-annual Newsletter to the membership. We'll be looking for editorial content, jokes, comics, anything that could be of interest to our members.

Parole Examination and related issues
President Smith and Parole Representative Brandon Rose met with Executive Director Barnes with regard to
the filling of the SPO vacancies in the Division. Director Barnes advised that they were moving forward to
fill the vacancies through the promotional list, even though the examination is under appeal. They advised that
they are committed to filling four positions. In the meantime, we've been attempting to obtain specific information
with regard to the examination, and the various components. Director Barnes advised that he would have
the HR Department work with us to obtain the information. Lastly, Director Barnes advised that he had taken
steps to fill the DPS vacancy at DO#8.

We just recently received a response from the DOP with answers to some of the questions posed by President Smith.  Ironically, the DOP blamed its slow response on the union because of the ULP that was filed.  The Parole Representative, Brandon Rose has been provided the DOP's response and is being scheduled to meet with legal counsel to determine what course of action we have from this point in obtaining any further information with regard to the examination.

Privatization Update

The NJSOA established a Committee to research and address the ever-present issue of prison privatization.
The Committee met prior to the June Membership meeting to discuss privatization and possible measures by
which we could address it. Everyone on the Committee had ideas as to how we could proceed with plans to
fight privatization. The Committee has spoken to several privatization experts from across the nation.
As a result of the Committee's initial meetings, a "Privatization Fact Sheet" was prepared. The Committee is
considering ways in which to get this information out.
The Committee was also able to schedule Brian Dawe, Executive Director of the American Correction Officer,
and former leader of CUSA, to come and speak to the membership at the July 8th membership meeting. Also
attending was Vito Dagnello, President of the American Correction Officer. Both gave impassioned speeches
regarding the perils of prison privatization. They both also made themselves available to speak with our
Privatization Committee about various ideas on fighting privatization.
We are still looking for members interested in serving on our Privatization Committee. So if you have ideas that
could help us fight this serious attack on our career security, please let us know. We need some new blood and
new ideas. Come on out and assist in the fight!

NJSOA Car Shields

We finally received our first order of NJSOA car shields. After months of design meetings, discussions, and correspondence with the manufacturer, we are pleased to announce that the shields are available for members to purchase.
Members may purchase up to two shields each. The cost of the shields is $35.00.
The shields come with double-faced tape on the back for mounting. The shields can be mounted on the suction cup shield holders currently available at most uniform and police supply stores. We are currently attempting to obtain an inventory of the plastic shield holders so that members can purchase them with their shield.
Shields may be ordered through you institutional and sub-unit representatives, or purchased directly at any General Membership meeting. To see the new car shield click here. The only difference from the picture is that the shields say "MEMBER" across the bottom of the triangle.

Lateral Transfers

DOC Chief of Staff, Thomas Moran recently issued a directive addressing the procedure for staff to request lateral transfers. Until recently, lateral transfers were funneled throuigh the .002 Committee in conjunction with both the sending
and receiving institutions.
Chief of Staff Moran's directive reads as follows:
"Effective immediately, all requests for lateral transfers will be submitted in writing, through the Director of Custody Operations at the facility in which the employee is assigned.
The D.O.C.O. will forward this request to the Chief of Staff's Office to the attention of the .002 Lieutenant, and the employee will be placed on a pending transfer list. Transfers will be scheduled as institutional needs and vacancies are presented.
Correction Officer Recruits will be required to complete the 12 month probation and 4 month working test period (12 months) prior to requesting a lateral transfer.
Newly promoted supervisory employees will be required to complete 8 months at the institution where the appointment was made prior to submitting a request for a lateral transfer.
If there are any questions concerning this matter, please do not hesitate to contact me.
Thank you."

As was the NJSOA's committement prior to this new directive, we will continue to assist members in their pursuit of lateral transfers. If you are having difficulty in seeking and/or gaining approval for a lateral transfer request, please let us
know.  

On Wednesday, March 12, 2008, the State Health Benefit Commission, provided the following information concerning implementation of the new health plans.

* Starting next week, Horizon Blue Cross will begin mailing new membership ID cards to all members who will be in NJ Direct. This does not include the Unions that are still without a contract!

* AETNA is currently in the quality control phase of membership card development. AETNA is also expected to begin sending new membership ID cards to all old and new members next week.

* CIGNA will only be sending ID cards to new CIGNA members. Current CIGNA members will keep their current ID cards. There is no date as to when CIGNA will start the process of mailing cards to new members.

* New prescription drug cards will not be issued as there will be no change in this coverage or carrier.

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SWSP Administrative Lieutenant

Confirmation was just received that the temporary Administrative Lieutenant position at SWSP has finally been approved to be made a permanent 1.0 position. We will continue to research and push for these positions in our facilities that do not currently have them.

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45 Day Rule

For years the State of New Jersey has violated contract language that was intended to compel the employer to process disciplinary action in a timely manner. The purpose of disciplinary action is to correct behavior. For disciplinary action to be corrective, a disciplinary sanction has to be imposed in a reasonable amount of time so that the sanction is connected to the inappropriate behavior. In years past, our employers routinely violated any language we had in place to protect our members' due process rights.

A couple of contracts back, we were successful in having language placed in our Collective Bargaining Agreement that stated a remedy for when the employer did not serve a disciplinary action within a prescribed time frame. That language remains in place today. The language provides that disciplinary action must be served within forty-five (45) days from the date when the employer was reasonably aware of the alleged infraction, or in the absence of service within this time frame, the charges were to be considered dismissed.

In early 2006, several law enforcement unions worked on getting legislation introduced that provided due process rights for law enforcement officers that didn't share the same protective due process rights that many of our members' did. The legislation was passed in mid 2006. Unfortunately, the Department of Corrections sought an opinion from the Attorney General's Office with regard to how they interpreted the language the legislation, and how it should be applied to our members. We were advised by the Department of Corrections that the AG opined that the 45 day clock started to tick after the Appointing Authority received the investigation package from the investigating entity, and not when they were reasonably aware of the alleged infraction. In essence, the State took the position that the language in the new legislation "trumped" the language in our CBA. However, they advised that they still intended to abide by our 45 day rule language.

Well, the day has come when they're testing the language of the 45 day rule. We've had a member charged some 80 days after an alleged infraction, and for which they had knowledge of immediately. They served our member and took no immediate action. We filed a disciplinary appeal and a grievance for the violation of the 45 day rule in our contract. Then to make matters worse, the day after we filed our appeal and grievance, they served the member with Loudermill notice and suspended him pending the outcome of the appeal.

President Smith has filed a request to move the grievance directly to arbitration. This request has been joined by the Department. An Arbitrator will be selected through the Governor's Office OER. This is where the 45 day language will be put to the test. In the member's instant matter, President Smith filed a request with the Merit System Board for Interim Relief. This would serve to place the member back in pay status pending the outcome of the disciplinary charges. President Smith also filed an Unfair Practice Charge due to the employer's retaliation towards the member for filing his appeal and a grievance.

This should be an interesting case to follow. All of the other custody unions are concerned with the outcome, as it will undoubtedly effect their members as well. The union intends to fight this issue to the death. It is a matter of us protecting the one real safeguard we have in compelling the employer to process disciplinary actions in a timely manner. We cannot afford to allow the State to tread on the contractual right we fought so hard to attain. We'll keep you posted!

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Uniform Committee - DOC

We reported to the membership a couple of months ago that the Department of Corrections Uniform Committee had considered the addition of several jackets to those already approved for wear. The Committee tentatively approved two additional nylon jackets, and an additional 30" leather jacket. These proposed additions to the Uniform Standard, were presented to Commissioner Hayman for his final approval. A Uniform Committee meeting scheduled for February 1st was postponed by the department due to scheduling conflicts. However on February 5th, Commissioner Hayman gave final approval for the addition of all three of the proposed jackets to the standards.

The uniform Standards will be amended in the near future to reflect the addition of these jackets. However, the Department has advised all Administrators that staff are permitted to wear the new jackets immediately.

We've been advised that some of the uniform stores have the new jackets in stock. At this time we do not know which ones have them. If we are able to verify that information, we'll post it. In the meantime, if you want to purchase one of the jackets, make sure the jacket you purchase meets the specifications for the approved jackets. To view specifications click here ...

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JJC Inmate Disciplinary Changes to Statute

There is currently an amendment proposed to change the manner by which juvenile inmates have their disciplinary charges adjudicated. Currently they go before a Panel, who decides their fate. The proposed amendment changes the Panel model to a Single Hearing Officer. President Smith recently submitted a letter commenting on the proposed amendment. To read President Smith's letter, click here .

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Health Benefits

  Everyone has heard about the many proposed, and already implemented changes to the State Health Benefits Program. These changes are being publicized on the Pensions and Benefits website and through departmental postings and newsletters. The information has created some confusion for some of our members, so I wanted to put something out to quell everyone's fears and to clarify how, if at all, the changes will or could effect our members.