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jason
04-14-2009, 10:13 AM
DSS worker seeks pay for lunch hour lost to lockdown after shootings

By Nancy Dooling • ndooling@gannett.com • Staff Writer • April 14, 2009

BINGHAMTON - A Broome County employee confined by bosses to the Department of Social Services' building during the April 3 massacre at the nearby American Civic Association wants to be paid for his lunch hour.

The employee made a formal complaint last week to Broome's Personnel Department, confirmed Michael Klein, the director.

James Kauchis, a DSS accounting clerk, confirmed he made the complaint, but denied further comment.

"That's a matter between me, the administration and the union," Kauchis said.

No formal grievance has been filed through Kauchis' union, Klein said.

Broome County Executive Barbara J. Fiala said she was both disappointed and embarrassed that such a complaint was made.

"A lot of people lost a lot more that day than just one hour," Fiala said, adding she would fight a formal grievance, if it's filed.

"This is the kind of thing that makes government workers look bad," Klein said. "Ninety-nine point nine percent of county employees stepped up to the plate."

No other Broome employee, including Broome sheriff's deputies who responded to the American Civic Association and the 911 emergency dispatchers, complained to Klein, the director said.

Klein said he denied the employee's complaint last week on the grounds that making DSS employees stay in their building during the shooting did not violate state labor laws or their union contract.

Bosses at DSS had pizza and beverages brought in during the four hours employees were confined to the building, from about 10:30 a.m. to 2:30 p.m., said DSS Commissioner Arthur Johnson.

"We were working with Binghamton police to keep our employees safe and out of the way of an active police investigation," Johnson said.

Klein said the four-hour lockdown at DSS April 3 was done to protect the 370 employees who work in the building on Main Street, around the corner from the American Civic Association on Front Street.

DSS has a parking lot next door to the American Civic Association on Front Street. The DSS rear parking area abuts the Civic Association's back parking lot.

Binghamton High School, across the street from DSS, also was locked down during the shooting, when a gunman shot and killed himself after killing 13 people and injuring four others at the Civic Association.

LINK (http://www.pressconnects.com/apps/pbcs.dll/article?AID=/20090414/NEWS01/904140382&s=d&page=3#pluckcomments)


:doh:

waterboy
04-14-2009, 10:19 AM
Definitely not a smart idea! He might just get paid for that hour, but I think he'll end up losing his job in the long run.:thinking:

crzyjournalist03
04-14-2009, 11:36 AM
is he an hourly employee? If so, and he worked the hour, he has a legitimate complaint.

Pick6
04-14-2009, 11:51 AM
Originally posted by waterboy
Definitely not a smart idea! He might just get paid for that hour, but I think he'll end up losing his job in the long run.:thinking:

He won't lose his job, he has the union to protect him.

waterboy
04-14-2009, 12:13 PM
Originally posted by Pick6
He won't lose his job, he has the union to protect him.
;) Yeah, I know. He won't lose his job initially, and I would agree that he probably has a valid claim, but it has been my experience that persons such as this usually lose their job eventually. The union will only protect the employee through the process, but after that he is fair game.......which means he will likely get canned. I could be wrong, but I'm just saying..........I've seen it happen before.:(

Pick6
04-14-2009, 12:28 PM
Originally posted by waterboy
;) Yeah, I know. He won't lose his job initially, and I would agree that he probably has a valid claim, but it has been my experience that persons such as this usually lose their job eventually. The union will only protect the employee through the process, but after that he is fair game.......which means he will likely get canned. I could be wrong, but I'm just saying..........I've seen it happen before.:(

As a former union member, this will not come close to costing him his job. If it does cost him his job, he's wasting money on union dues. People have done a lot worse and kept their union jobs.

navscanmaster
04-14-2009, 12:35 PM
why is this news?

Black_Magic
04-14-2009, 12:36 PM
he can lose his job for not doing a good one. If thats the reason then he has no claim. If they want to get you they will.

waterboy
04-14-2009, 12:42 PM
Originally posted by Black_Magic
he can lose his job for not doing a good one. If thats the reason then he has no claim. If they want to get you they will.
My point exactly. I would not be a bit surprised if this man finds himself unemployed within a couple of years, and, of course the reason will be something totally unrelated. He'll be walking on eggshells, so to speak, for a long time after this, I'll guarantee you. I used to be a union member, too, and their power is limited.

Pick6
04-14-2009, 01:13 PM
Originally posted by waterboy
My point exactly. I would not be a bit surprised if this man finds himself unemployed within a couple of years, and, of course the reason will be something totally unrelated. He'll be walking on eggshells, so to speak, for a long time after this, I'll guarantee you. I used to be a union member, too, and their power is limited.

A good union has almost unlimited power. Just look at GM. Their CEO is gone but the union boss is still there. As a union member you don't have to do a good job, satisfactory will get you by forever. I've seen people get fired, collect unemployement for 6 months, go back to the union and get their job back, even though the company didn't want that employee back and fought the union only to lose. Local unions in Texas are useless and powerless. National unions and unions up north have power.

Farmersfan
04-14-2009, 02:18 PM
I think the company should review his productivity during the 4 hour lockdown period. It is very likely nobody did any work during this time so for him to expect pay for a lunch hour is ridiculous. And I agree he will gone very shortly. (union or no union).

Ranger Mom
04-14-2009, 02:27 PM
Originally posted by Farmersfan
I think the company should review his productivity during the 4 hour lockdown period. It is very likely nobody did any work during this time so for him to expect pay for a lunch hour is ridiculous. And I agree he will gone very shortly. (union or no union).

I agree....and they evidently fed them pizza on top of it. I wonder if everyone had to "ante up" or if the company paid for it!

waterboy
04-14-2009, 02:49 PM
He may or may not get fired. All I'm saying is when you do something like this you're setting yourself up. That company will be looking for any excuse to get rid of him after this. After a while the union will not have any say in the matter whether they're strong or weak. The company will eventually find something this employee has done wrong - no matter how minor the offense is - and use it against him as grounds for dismissal. The union will be powerless to stop it because it'll be in the company's by-law handbook. I've seen it happen elsewhere so I kinda have an idea about this........hence, the saying "walking on eggshells".

crzyjournalist03
04-14-2009, 02:51 PM
Originally posted by Ranger Mom
I agree....and they evidently fed them pizza on top of it. I wonder if everyone had to "ante up" or if the company paid for it!

How would you like to be that pizza delivery guy?

They don't let their employees leave the building due to security measures and fear for their wellbeings, but the pizza guy? Screw him...we're hungry...

Pick6
04-14-2009, 03:02 PM
Originally posted by waterboy
The union will be powerless to stop it because it'll be in the company's by-law handbook. I've seen it happen elsewhere so I kinda have an idea about this........hence, the saying "walking on eggshells".

I've seen by-laws get thrown out in U.S. courts. I've seen that 1st hand with the USPS union. I've seen it from the employee side, then seen it from the company side also. I have a idea about this kind of stuff also. What he did is just bad taste, nothing at all to do with his job performance and it won't even go in his file.

Pick6
04-14-2009, 03:02 PM
Originally posted by crzyjournalist03
How would you like to be that pizza delivery guy?

They don't let their employees leave the building due to security measures and fear for their wellbeings, but the pizza guy? Screw him...we're hungry...

That's funny right there.

waterboy
04-14-2009, 03:19 PM
Originally posted by Pick6
I've seen by-laws get thrown out in U.S. courts. I've seen that 1st hand with the USPS union. I've seen it from the employee side, then seen it from the company side also. I have a idea about this kind of stuff also. What he did is just bad taste, nothing at all to do with his job performance and it won't even go in his file.
The USPS union is one strong union. Most unions do not have that kind of power and will not back up a single worker as strongly if there is a valid reason for his dismissal.......but it does have to be a "valid" reason or most companies will not even attempt a dismissal. I've seen these type of dismissals a few times with IBEW, which is not exactly a weak union.

Txbroadcaster
04-14-2009, 03:42 PM
Originally posted by crzyjournalist03
is he an hourly employee? If so, and he worked the hour, he has a legitimate complaint.


having a legitimate gripe and actually going forward with the gripe is two diff things

Ranger Mom
04-14-2009, 03:45 PM
AT&T must have a good union too....I know someone who works there, and for the life of me, I don't see how they still have a job.

I bet they haven't worked an entire week straight in 5 years.

If I took off that much, my boss would tell me "adios....you don't work enough."

garciap77
04-14-2009, 03:56 PM
Originally posted by Ranger Mom
AT&T must have a good union too....I know someone who works there, and for the life of me, I don't see how they still have a job.

I bet they haven't worked an entire week straight in 5 years.

If I took off that much, my boss would tell me "adios....you don't work enough."

I a couple of years ago AT&T techs were working so much ovettime they wanted to quit! They were only getting one day off a week!