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HOUSE OF REPRESENTATIVES HB 2010 MAKES VARIOUS CHANGES RELATED TO CRIMINAL JUSTICE THAT ARE NECESSARY TO IMPLEMENT THE FY 2009-2010 STATE BUDGET.

ARIZONA DEPARTMENT OF CORRECTIONS

AS SESSION LAW:

Effective from and after September 30, 2009, requires the Arizona Department of Corrections to issue a request for proposal to privatize correctional health services, including medical and dental services. The request for proposal must be submitted to JLBC before it is issued. This contract Must:

(1) Cost less than these services did in FY 2007-2008; and
be awarded by May 1, 2010.

Allows monies deposited in the Transition Office Fund to be used for any costs of operating transition programs.

Requires DOA to enter into a lease purchase agreement for the State's prisons or other State owned facilities and specifies that the agreement must be awarded by June 30, 2010 and must;

(1) Result in net available proceeds of $735,419,300 Million in the General Fund;
(2) Be for a fixed term of up to 20 years; and
(3) Require the initial payment due in FY 2010-2011.

Clarifies that net available proceeds of the lease-purchase agreements need not be more than $250 million by December 31, 2009.

Allows the the DOA to use any state owned facility as collateral and to transfer interest in any other State owned facility in the lease purchase finance agreements.

Requires DOA to issue a request for information before October 1, 2009 to identify the feasibility of a concession agreement that would allow a private vendor to operate a prison facility. The request for proposal must be submitted to JCCR for review.

Requires DOA to issue a request for proposals for a concession agreement that would allow private vendors to operate ONE or MORE PRISON facilities other than the prison complex at Yuma Arizona. The request for proposal must be submitted to JCCR by APRIL 1, 2010 for review. The terms must include:

(1) The cost efficiency savings be equally divided between the State and the Private vendor; and
(2) An annual cost efficiency savings to the State.

Clarifies that the intent of the Legislator is that the privatization of prison operations generate at least $100 million from private vendors at the beginning of the term.

Permits the ADC to use any non-appropriated monies for the payment of inmate health care expenditures incurring during FY 2007-2008.

Requires the ADC to issue request proposals and contract for 5000 private prison beds for either an expansion of current private prisons in this State or new locations in this State.

(1) The private vendor to bid for all or a portion of the 5000 beds.
(2) The ADC to award the contract to one or more private vendors;
(3) The ADC to use any non-appropriated monies for any start up and operating cost that are associated with the 4000 new state beds authorized in 2007:

******* 2000 in the Yuma;
******* 1000 in the Perryville; and
******* 1000 in the Tucson prison complex.

REQUIRES:

(1) The request for proposals to specify the length of the contract period, which must not exceed 20 years.

(2) The request for proposals be submitted for review to the joint Legislative Budget Committee (JLBC) no later than November 1, 2009;

(3) All contracts to be awarded by June 30, 2010; and

(4) The ADC, each calendar quarter until all new beds are occupied, to submit a report to the JLBC on the status of the beds.

EMPLOYEE FREE CHOICE ACT SENATOR PEARCE ???????

Arizonians America's working people are struggling to make ends meet these days and our middle class is disappearing. The best opportunity working people have to get ahead economically is by UNITING against the recent bill that was passed by Governor Brewer HB 2010 and sponsored by Senator Russell Pearce.

Recent research has shown that some 60 million U.S. workers and Law Enforcement support and would join a union if they could.

Joining together with AZCOPS to bargain for better Wages, benefits and working conditions is the best opportunity-working people have to get ahead especially in Law Enforcement and Corrections.

But the current system in our system for forming unity at work is divided and bargaining is broken. Every day, the State and people like Russel Pearse give Republicans a bad name.

We need to show our Governor that the 9000 plus officers can unit and fight for our jobs and our future, for a better life. The State Employees at the Correctional level try to routinely intimidate, harass, coerce and even fire correctional officers.

Statistics have shown that Correctional Officers and workers who belong to unions earn 30 percent more than nonunion workers. They are 62 percent more likely to have employer-provided health coverage and four times more likely to have pensions and benefits.

THE EMPLOYEE FREE CHOICE ACT (H.R. 800, S. 1041) supported by a bipartisan coalition in Congress, would level the playing field for workers and employers and help rebuild America's middle class. It would restore workers' freedom to choose a union by:

Establishing stronger penalties for violation of employee rights when workers seek to form a union and during first contract negotiations.

Providing mediation and arbitration for fist-contract disputes.

Allowing Correctional Officers and employees to form and ratify contracts and signing cards authorizing union representation.

I hope with the upcoming change in our political landscape that our Senators here in Arizona and politicians will look favorably on workers rights to NOT PRIVATIZE our prisons and keep our jobs and pensions.

AZCOPS

BASIC LABOR LAW TO ALL CORRECTIONAL OFFICERS.

The government protects the right of workers to organize in order to address issues of wages, benefits, and working conditions. The body of laws that protect this right is known as the National Labor Relations Act, sometimes referred to as the Wagner Act. Of course, any questions you have regarding labor law can best be answered by a lawyer, but the following is a list of the basic:

***Any group of workers may organize or help organize a union, except managers (Supervisors) and Correctional Officers, Police Officers etc.

***Workers have the right to join a union.

The National Labor Relations Act prohibits the Employer from cretin acts, known as unfair labor practices. If you feel you are a victim of unfair labor practice, contact the NLRB, which will assign an agent to look into your case or AZCOPS will assigned a layer to give you advise.

Unfair labor practice include management:

(1) Threatening to fire a worker for AZCOPS or union activity.

(2) Threatening a worker in any way, implicitly or explicitly, because of union activities. This can include demotions, reprimands, etc.

(3) Asking workers about union activity.

(4) Threatening cuts in pay or benefits, FMLA's etc.

(5) Promising increase in pay or benefits, beyond those normally scheduled.

(6) Spying on union activity.

The act also specifies some union activities as illegal:

(1) Barring employees from entering the work place of work.

(2) Acts of force against workers.

(3) Threats against any workers.

Also of interest: Management (or the union) can be held accountable for anyone acting as an Agent, even if management didn't know about or approve of the agent's actions.
In other words, if an anti-union worker threatens you ("You'll lose your job if you vote yea.") Management can be held accountable for that threat. This is to prevent management from using workers to deliver threats and thereby get around the law.

During the entire campaign and contract negotiations, the employer must maintain the status quo with regards to pay, benefits, and working conditions. It cannot suddenly grant pay raises or cut pay, although regularly scheduled pay raises must be given on time. Failure to do so is an unfair labor practice.

The NLRB uses a doctrine known as "the totality of conduct" when determining unfair labor practices. This means it looks at the employer's conduct throughout the entire campaign to determine if the law has been broken.

In other words, an employer doesn't have to blatantly flaunt labor law to be reprimanded. If the employer constantly bends the law, or commits many minor infractions, the NLRB may find the employer in violation. It therefore behooves all employees to write down all infractions, no matter how minor.
Write down the date, who was involved, the time of day, and any witnesses.
Good documentation can be critical in winning a favorable ruling from the NLRB.

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