Four retired Mower County social workers wanted more back pay.

Wednesday, June 27, 2001

Four retired Mower County social workers wanted more back pay. They will get less.

The county commissioners refused to give the social workers double the back pay that was offered them by their employer.

This doesn’t mean the retired social workers will get nothing, but they will get what other retired county workers are due.

Ray Tucker, Second District county commissioner and chairman of the board’s personnel committee, recommended the county board deny the retirees’ request for the double back pay.

The issue arose during contract talks with the Association of Federal, State, County and Municipal Employees local union’s bargaining unit. According to Tucker, the union filed a grievance against Mower County and the issue went to arbitration with the ruling in the county’s favor.

"The reason was they weren’t eligible," Richard P. Cummings, First District county commissioner, said.

Only four retired social workers failed to sign an agreement reached between the county and the other retired employees to receive retroactive back pay.

According to David Hillier, Third District county commissioner and county board chairman, the retired employees, who sought retroactive back pay were workers who retired or took other jobs, while the county’s comparable worth study was under way.

Garry Ellingson, Fifth District county commissioner, seconded Tucker’s motion and it was unanimously approved.

In another personnel matter at Tuesday’s meeting, the board members gave their unanimous approval to a change-over from hourly to salaried employment status for non-union employees.

The change mainly affects workers in the Mower County Public Health Nursing Service.

According to Al Cordes, the county’s human resource director, the new policy meets the Fair Labor Standards Act’s provisions. Cordes said all department heads and county employees have been apprised of the new policy.

In another personnel matter, the county board adopted a new policy to pay county employees who work in the "on-call" status on weekends and holidays.

Each department head must go to the county board with a specific plan for who would be considered on-call and what circumstances would necessitate the status.

The policy calls for the on-call salaried employees to be paid "straight time" wages, but Len Miller, Fourth District county commissioner, said, "We must treat all employees the same. They deserve time-and-a-half."

Cordes said the policy also satisfies the Fair Labor Standards Act.

Cummings said hourly employees get other benefits that salaried workers don’t receive and he supported the straight-time pay for on-call workers.

But Miller said, "It’s not consistent if we pay hourly workers time-and-a-half and salaried workers don’t get that."

"It all works out in the end," Cummings said. "A salaried worker can work only until 2 p.m. and knock off for the day and still get the same pay for that pay period."

Ellingson, the retired former chief deputy for 32 years in the Mower County Sheriff’s Department, supported the new policy. Ellingson admitted, he worked under the old policy, which "penalized" workers who did not use their sick leave, vacation days and other paid time off. That was later changed when the county board adopted a new paid-time office policy.

Cordes reminded the commissioners that Winona County, among others, does not offer on-call employees any compensation.

When the vote was taken, the new on-call pay policy was approved 4-1 with Miller dissenting.

Also Tuesday, the personnel committee agreed to review an appeal of a decision to deny medical benefits to Gary Nyquist, who works in the Mower County Correctional Services office.

Nyquist was hired in January 1994 to be the director of court services, which preceded the MCCS in name only. He said he was hired with the understanding that he would be "grandfathered" in to receive medical benefits upon retirement.

Later, Nyquist stepped aside as the department’s director to become a probation officer.

A policy change in 1996, that went unnoticed at the time, removed Nyquist from the paid medical benefits status upon retirement.

At Tuesday’s meeting the commissioners were not all receptive to Nyquist’s request.

"This opens up a Pandora’s box for all other policies if we do this," Hillier said.

But the county board did agree to change the official start date of a former temporary employee, who takes on full-time employee status.

The change will make her start date June 29 in order to qualify for insurance benefits.

Again Miller questioned the board’s action, saying, "It sets a precedent that could be interpreted as a policy change."

Call Lee Bonorden at 434-2232 or e-mail him at lee.bonorden@austindailyherald.com.