The Public Sector, 1978 November 1

committees.

We'll also analyze delegate actions to ex-
plain how it impacts upon the rank-and-file
membership, and expand photographic ,
coverage of the week-long annual meeting.

- Convention coverage begins on pages 6

and 7 of this issue.

he Public Sector”
voted to extended coverage of —
CSEA’s just concluded 68th Annual Meeting. —
We will report in depth on delegate action on
important Constitution and By Law changes,
as well as ‘continuing our coverage of the
various reports from standing and special

Official Publication of The Civil Service Employees Association

SGECTOR

Vol. 1, No. 5 25¢

Wednesday, November 1, 1978

Postpone dues vote

KIAMESHA LAKE — The 1,300 union delegates
to the Civil Service Employees Assn.’s 68th Annual
Meeting here last week failed to reach agreement
concerning a controversial proposed change in the
union’s dues structure. After more than a day of
heated, often stormy, debate the delegates voted
overwhelmingly to postpone further consideration
until the Spring Meeting of delegates next March.

The controversial dues proposal called for
eliminating the current $58.50 flat dues structure
effective next April 1 in favor of a percentage dues
system. Under the proposal, CSEA dues would be
set at 1 percent of salary of the individual member,
up to a maximum of $125 annually. CSEA President

Art. 20 hearing
set for Oct. 31

WASHINGTON — The all-important decision by
the Executive Council of the AFL-CIO as to
whether the Civil Service Employees Assn. was il-
legally raided by the Public Employees Federation
earlier this year was scheduled to be made as ‘‘The
Public Sector’’ went to press.

The AFL-CIO Executive Council priginally was to
decide the issue on October 24, but that was post-
poned until October 31. An independent umpire
earlier had ruled that PEF illegally raided CSEA
for representation rights for 45,500 state workers in
the PS&T bargaining unit. PEF appealed that
ruling, which is now in the hands of the 35-member
Executive Council for final determination, which is
unappealable.

CSEA also is in the Appellate Division of State
Supreme Court seeking to overturn the April
election results.

MAY THE BEST MAN WIN — The Civil Service Employees Assn. is remaining
officially neutral in next week’s election of a governor for New York State, and to
underscore that neutrality has contributed $41,000 to both Democrat Governor
Hugh L. Carey and his Republican rival, Perry B. Duryea. The money from the
CSEA Political Action Fund is exvectet to be spent by both candidates primarily

William L. McGowan, Treasurer Jack Gallagher,
Comptroller Thomas P. Collins and others sup-
ported the proposal as a solution to offset an an-
ticipated deficit spending budget under the existing
dues system.

Prior to postponing further consideration until
next March, delegates defeated alternative
proposals which would have raised dues by $1 and
by 50 cents, respectively, each bi-weekly pay
period.

In other action, delegates approved extending the
term of office of future elected statewide, regional
and local officers, and also approved the first of two
required readings of a motion increasing the rights
of the union’s retiree members.

Extending the terms of offices of future office
holders would allow for various elections to be
staggered. At present the elections are held
simultaneously.

Retiree members, if that proposed constitutional
amendment is passed on second reading next
March, would be given the right to vote in union
elections.

RIVERHEAD — A proposed Proposition 13-type
initiative and referendum law in Suffolk County has
been ordered removed from November 7 election
ballots by a State Supreme Court justice on a law
suit brought by Civil Service Employees Assn. Suf-
folk County Local 852.

Supreme Court Justice Leon D. Lazer, in order-
ing the proposed law off the ballots, agreed with the
union’s contention that the Suffolk County
Legislature violated the County Charter when it
voted to place the controversial proposed law on the
ballots.

It would have been the first Proposition 13-type
law of its kind in New York State if approved by the
voters.

“Fight for future”

KIAMESHA LAKE — Civil Service Employees
Assn. President William L. McGowan opened the
first general business session at the 68th Annual
Meeting with a call for CSEA members to fight for
the future.

“Leave here solid, ready to take on anyone who
wants to take us on,”’ he said.

Earlier in his address to more than 1,300
delegates, McGowan said to let the news media
know what public employees do for the people.
“Stand and be proud of the work we do . . . No back
seat. I want the front of the bus, too.’

He said CSEA was going into negotiations strong
and united, determined to ‘battle down to the
wire” for salary and working conditions.

He urged the delegates to show the public that the
waste in government is not among its employees
but among political jobs.

McGowan said the top legislative priority for 1979
would be the removal of the two-for-one penalty in
the Taylor Law.

He also said the affiliation with AFSCME has six
times prevented challenges by other unions.

on last minute media advertising. In photo at left, Gov. Carey receives a check for
$41,000 from Stanley Polansky, a member of the union’s Capital Region Political
Aétion Committee; Thomas McDonough, CSEA Executive Vice President and
member of the Political Action Fund; Jean Myers, chairman of the Capital
Region Committee; and Barbara Pickell of Broome County, a member of CSHA’s

Statewide Political Action Committee. In photo at right, a similar $41,000 con-
tribution check is given Mr. Duryea by Polansky, Ms. Myers and Mr. McDonough.

Saturday
e . ji bel
holiday — ists: remir iar

explained

ALBANY — Veteran’s Day,
November 11, is one» of 11 paid
holidays for State employees
negotiated over the years by the
Civil Service Employees Assn.
This year, however, November 11
falls on a Saturday, so the State
Department of Civil Service has
announced the procedure concern-
ing Veteran’s Day, 1978

Employees entitled to observe

will be credited with compensatory
time off in lieu of the Saturday holi-
day — either as holiday comp time
or as an additional day of vacation,
as appropriate.

The department has determined
that another day will NOT be
designated to be observed as a holi-
day in lieu of November 11 this

Employees who do work on
November 11 will be paid holiday
pay or granted compensatory time
off as appropriate, except that
managerial/confidential employ-
‘ees at grade 23 and above are not
eligible for holiday pay and must
be granted comp time. Employees
for whom Saturday is a regular day
off may also be entitled to over-
time pay for time worked on this
November 11.

Furthermore, Sect. 63 of the ©
Public Officer's Law provides that
an eligible veteran who works on
Veteran’s Day is entitled to comp
time off if required to work on that .
day, irrespective of the payment of
holiday pay.

Questions concerning the obser-
vance of Veteran's Day should be
referred to the Civil Service
Department, Employee Relations
Section (518) 457-2295.

o

gt
a

“yg

year.

LETTERS
to the lediitor

We encourage letters from readers pertaining to items which
have appeared in THE PUBLIC SECTOR or which are of in-
terest to public employees. Letters must contain the name,
address and telephone number of the writer for verification pur-
poses. Telephone numbers will not be printed, and names may be
withheld upon request. Send all letters to THE PUBLIC SEC-
TOR, Clarity Publishing Inc., 75 Champlain Street, Albany, N.Y.
12204.

Editor, The Public Sector:

I am writing this letter as a State employee of
twelve (12) years and equally important, as a tax-
payer.

Saturday, September 30, was another typical
State Civil Service exam day.

I took mine at Albany High School. The at-
mosphere resembled a zoo. People were running all
over the place because they were short fifteen
monitors. My monitor arrived 15 minutes after the
exam was to have started and then spent 45 minutes
trying to track down her pocketbook while we were
supposed to be concentrating on our exam.

I have spent seven years in training to do my job,

Halt court hearings

NEW YORK — Public hearings scheduled last
week in three upstate locations by the State Office
of Court Administration concerning the OCA’s un:
ified court system proposal were postponed by a
State Supreme Court justice who granted a tem-
porary injunction asked by a group of New York
City area court employees
The injunction was granted the New York City
court workers who claimed that the OCA lacks
proper authority to classify state employees under
the proposed classification plan, and that OCA
hearings provided insufficient time to prepare for
them. Postponed were public hearings scheduled
for October 25 in Syracuse, October 26 in Albany,
and October 27 in White Plains. At presstime,
public hearings set for October 30 in Riverhead, and
October 31, November 1 and November 2 in New
York City were not affected by the temporary in-
junction and were to be held as scheduled

New 2-year pact

Workers of the Town of Barre, represented by
Orleans County Local 837. EA, will receive
raises of 25 cents plus fifty dollars per longevity
step in each year of a new two-year contract
negotiated by Collective Bargaining Specialist
Danny Jinks

They will also receive fully paid dental insurance
coverage, a fifth week of vacation after the
nineteenth year of service and sick leave credits of
142 days per month

which according to all my supervisors and peers I
do especially well. This has been proven by the fact
that twice I was given a provisional title in a higher
grade until I had a chance to pass the exam.

The promotional exam Saturday did not have one
question pertaining to the job I do. If I need to know
when five men can paint a room in 342 hours, how
many hours it will take eight men to doit, I'll hire a
professional painter who can answer the question.
With due respect to painters, I’m sure they could
not walk into my job, compute mileage and in-
terpret contracts. If there are any other State
employees who feel as I do let's do something about
it and force Civil Service to give exams that give
credit to our knowledge. It takes thousands of
dollars to train an employee and a few hours exam
on unrelated material should not decide whether or
not a person is qualified to perform his or her
duties.

Beatrice Wahrlich
Department of Transportation
Albany

Editor, The Public Sector:
I was appalled to receive in the mail last week a
letter which was blatantly political and personally

CHEMUNG COUNTY CSEA LOCAL 808
delegate Mary Nelan catches up on all the ac-
tivities around the state by reading an issue
of “The Public Sector’ during a rare quiet
moment at CSEA’s 68th annual meeting last
week at Kiamesha Lake.

Page 2

~ THE PUBLIC SECTOR, Wednesday, November 1, 1978

offensive. It was from CSEA Capital Region
President Joseph McDermott, written on CSEA
stationery and in a CSEA envelope for which CSEA
presumably paid the postage.

It was a letter urging voter support for a CSEA-
endorsed candidate in the 42nd Senate District.
While I am not opposed to the union endorsing can-
didates for political office, I am staunchly opposed
to the use of members’ funds for stationery,
postage and staff time to promote the interests of
such candidates.

CSEA is spending $400,000 in political en-
dorsements this year. I personally believe that is
far, far too much money for the returns it is likely
to produce. And I have plenty of doubts about some
of the politicians who are getting our money and
about how some were selected. Given the financial
situation of the union, that money could have been
more wisely spent.

Jeanne S, Nadell, Albany

Editor, The Public Sector:

I was pleased to read your article titled “Pay
raise gets priority support.’ However, the most im-
portant issue to new employees, namely the full ad-
justment of the 1975 pay scale to include the full
14% increase negotiated in the last contract, was
not alluded to. The current individual salary
schedule is inherently unfair in that the principle of
equal pay for equal work is disregarded. I am sure
that I speak for many employees hired subsequent
to March 31, 1977, who feel left out of the CSEA
structure due to limited tenure

Kenneth Vosilla, Long Island City

Editor, The Public Sector:
I like the format of your new publication but
notice you have no column for retirees.
Since I am recently retired, naturally that news
concerns me most. Please don’t forget us retirees.
Catherine Bottjer, Central Islip

Editor's Note: A column written by Thomas Gilmartin, CSEA’s
coordinator of retiree affairs, will appear on a vegular basis in
future editions. Additionally, we hope to present various items

and articles of special interest to retirees. We have not forgotten
our valued friends,

OK Alden contract

Highway department workers of the Town of
Alden, represented by Erie County Civil Service
Employees Assn. No. 815, will receive raises of 7
percent in 1979 and 8 percent in each of the remain-
ing years of a new three-year contract. The pact
was negotiated by Field Representative Robert E.
Young; Unit President Edward Goralezyk, and
Kenneth Justinger for CSEA; and Councilman Ar-
nold Aldinger for the Town.

The new contract also includes improvements in
out-of-title pay, sick leave accumulation and con-
tract language.

[4

METROPOLITAN REGION
PRESIDENT Solomon Bendet dis-
cusses the various proposals an-
ticipated to be considered by delegates
to CSEA’s 68th annual meeting.

DISCUSSING REGIONAL AC-
TIVITIES are Dorothy King,
Metropolitan Region Second Vice
President, and George Bispham, staff
Regional Director.

A WARNING that all too often
delegates tend to vote on a regional
basis rather than as a statewide union
was issued by Metropolitan Region
First Vice President William DeMar-
tino. He told the members that CSEA is
much stronger voting as a single union
than as six regions.

Pre-convention
Reg. Il meeting

NEW HYDE PARK — Delegates
attending the annual meetings of
the Civil Service Employees Assn.
have a major responsibility to the
general membership in es-
tablishing official policy and
positions of the union. In order to
east votes reflecting the attitudes
of their members, delegates
generally obtain points of views
through prior meetings of their un-
its and Local, and at regional
sessions usually held just prior to a
convention

Expect intense talks in

POUGHKEEPSIE — Negotiations
are set to begin this month between
representatives of the Dutchess
County Unit of Civil Service
Employees: Assn. Local 814 and
Dutchess County, and indications are
that talks will be intense.

Unit President Ann Boehm says the
union negotiating team is determined
not to have a gap between the end of
the current contract, which expires
December 31, 1978, and the one about
to be negotiated. She said the teams
will be working toward a deadline of
January 1, 1979 because ‘employees
gain nothing at all’ if a gap is allowed
to develop between the expiration

‘date of one agreement and the start of

‘another. The unit president said that

at least four definite dates during
November are already scheduled and
more will be added.

Ms. Boehm said the union will be
concentrating on fiscal items, stating,
“The items we present will be
primarily limited to those that hit the
pocketbook of the members.’’ Many
non-fiscal items have already been
resolved during a series of
negotiations which extended over
more than a year when the current
one-year contract was finally impos-
ed by the County Legislature last
August, retroactive to last January 1

The last round of negotiations in
Dutchess County was extremely dif-

Such was the case in CSEA’s
Metropolitan Region 2, where of-
ficers and delegates met recently
with members to discuss the an-
nual meeting and determine
positions of the regional delegates
on items anticipated to be on the
agenda during the convention.

The accompanying photos il-
lustrate some of the involvement at
the Metropolitan Region meeting
held just prior to last week’s an-
nual meeting.

: ¢ AN
WILLIAM CUNNINGHAM, Regional Third Vice President, addresses
the members on topics to be considered by delegates. Mr. Cunningham is

a well-recognized and active delegate at the annual meetings, speaking
out strongly on most issues during the business meetings.

Dutchess

ficult and included impasse,
mediation, factfinding and two rejec-
tions of contracts by the membership,
ultimately leading to an imposed
settlement.

“There were many sources of
tension working against us and con-
tributing to the turbulent period,” Ms.
Boehm noted. She was named unit
president in September, moving up
from executive vice president to
replace former president Pat Robins
who resigned due to an increased
workload. The unit’s executive vice
president, Scott Daniels, is chairman
of the CSEA negotiating team. CSEA
Collective Bargaining Specialist Phil
Miller is staff negotiator for the talks
which begin this month.

Grievance
class set

LOCKPORT — The first of three
November classes in ‘‘Stewardship
and Effective Grievance Handling” in
the Civil Service Employees Assn.
Western Region will be held at 6:30
p.m. November 2 at Lockport
Memorial Hospital, according to
regional training consultant Celeste
Rosenkranz.

Also on the November schedule are
classes for employees at the Erie
County Water Authority on November
9, and one sponsored jointly for Local
600, Alfred University, and Local 007,
Hornell, at a time and place to be an-
nounced later.

Ms. Rosenkranz reports that fall
classes have been completed for
workers at Craig Developmental
Center, Roswell Park Memorial In-
stitute, Health Research Institute,
Allegany State Park, and Niagara and
Cattaraugus counties.

File charges
on districts

ALBANY — The capital Region of
the Civil Service Employees Assn.
has filed improper practice charges
with the Public Employment
Relations Board against approx-
imately 30 school districts in the
Region for issuing letters of continued
employment to employees at the end
of the school year, in an apparent
attempt to circumvent un-
employment insurance claims.

John D. Corcoran, Jr., regional
director, who is directing the suits in
conjunction with field representatives
in each area, explained that these
letters are informational, and not bin-
ding. ‘The letters told the employees
that they could expect to return to
their jobs in September, but they do
not obligate the school district to
anything. Only the employees’ con-
tract can make that guarantee and in
most cases it does not. We feel that
this is just a way to prevent the
employees from collecting un-
employment insurance, which the
employer is now required to pay due
to a new federal law.

The CSEA is accusing the school
districts of trying to modify the terms
and conditions of employee contracts
and says that such a move is in
violation of the Taylor Law.

Syracuse rally

SYRACUSE — Onondaga County
Local 834 of the Civil Service
Employees Assn. anticipates upwards
of 900 county employees to turn out
for a giant rally/party on Saturday,
November 4 at the Drumlins
Clubhouse, Nottingham Road.

Local 834 President Bob Obrist and
Pat Callahan, chairman of the
rally/party committee, said a
membership information booth at the
affair is expected to boost
membership considerably.

NEW YORK STATE ELIGIBLE LIST

Sr, Bacteriologist
(Exam No, 36277)
Test Held May 20, 1978
1. Goetz, Robert J., Garden City... 75.7
2. Scriboni, Santo, Brooklyn ..s....ccssscsessssveee 240
3, Williams, Joyce, Brooklyn ...s.scsscsssseesssssee 72.9

THE PUBLIC SECTOR, Wednesday, November 1, 1978

Page 3

An Analysis
A look at the president’s wage guidelines &

By Roger A. Cole
It was, of course, coincidental that

President Carter announced his
voluntary wage/price guidelines
package just as negotiations were
about to begin between the Civil Ser-
vice Employees Assn. and the State
of New York for new contracts cover-
ing more than 100,000 state workers.

It is never an agreeable situation to
negotiate under mandated ceilings or
limitations, but while the exact
meaning of the just-announced
guidelines are not yet clarified, it
appears that it will not be all that dif-
ficult to conduct meaningful
negotiations under the President's
“voluntary’’ imposed limitations

The most important part of the
anti-inflation wage guideline
age, from the point of view of
SEA and the state employees, is
that portion that states annual in-
creases in wages and fringe benefits
should not exceed 7 percent
Depending upon interpretation, that
allows a considerable range in which

to conduct meaningful talks starting
later this month.

William Blom, CSEA’s director of
research, notes that interpretation is
important in this case since
depending upon how one looks at it,
the 7 percent limit could fall at dis-
tinetly different places.

If the President is suggesting the 7
percent limit be a percentage of the
current payroll costs, that’s one
thing. ‘But if it allows for a 7 percent
increase in wage and benefits based
on the current payroll plus costs of
current fringe benefits, that’s much
different and provides plenty of room
in which to conduct fair and equitable
contract talks,’ Mr. Blom said.

Also, traditionally increments to
those eligible are factored into the
pay scale before negotiated percen-
tage increases are applied, which ac-
tually results in increases to nearly
half the affected workforce con-
siderably above the increases
negotiated

And, too, the President's voluntary

wage guidelines do not apply to
workers earning less than $4 per
hour. State workers on a 37.5 hour
workweek earning less than $7,800
and those on a 40 workweek earning
less than $8,320 would, in.theory, be
unaffected by any restraints. In some
units that represents a high percen-
tage of the employees.

And the guideline standards do not
apply to individual workers in any
event, but to the bargaining unit as a
whole. That would allow CSEA to
continue to seek substantial raises for
the lower-paid employees in the units
while gaining equitable raises for
higher-paid workers at the same
time.

Two years ago state employees
overwhelmingly approved the
current contracts which resulted in
raises in the neighborhood now allow-
ed under the President's guidelines.
Three increases of 5%, 4% and 5%
over the two years add up to 14% on
the surface but are actually a bit less
due to compounding factors. Even the
most rigid interpretation, therefore,

“POLITICAL

ACTION”
SPEAKS

LOUDER THAN

WORDS...

@®
IGE CROR

Official publication of
The Civil Service

Employees Association
33 Elk Street,

Albany, New York 12224
GRR 4

Published every Wednesday by Clarity Publishing, Inc
Publication Office, 75 Champlain Street, Albany, N.Y, 12204 (518) 465-4591

Thomas A. Clemente—Publisher
Roger A. Cole—Executive Editor
Dr. Gerald Alperstein — Associate Editor
Oscar D. Barker—Associate Editor
Deborah Cassidy—Staff Writer
Susan A. Kemp—Staff Writer
Arden D, Lawand—Graphic Design
Dennis C. Mullahy—Production Coordinator

Page 4 THE PUBLIC SECTOR, Wednesday,

Novembe? 1, 1978

would still provide for the possibility
of raises at or above the current
scales.

The guidelines just announced are
designed to slow inflation to between
6 and 6.5 percent next year. Any
negotiated increases above that level,
assuming inflation can be slowed,
would be ‘‘real’’ money increases. By
comparison, the current inflation
rate of 7.5 to 8 percent means most
workers are, at best, only staying
even when it comes to purchasing
power.

And just for the record, it is es-
timated that it costs about $17 million
per year for each 1 percent of in-
creases negotiated for the CSEA-
represented bargaining units of state
workers. That means that under the
strictest interpretation possible, a 7%
limit would still mean a package of
about $120 million a year in increases.
It is clear that the union can sit down
at the bargaining table later this
month and start talking about big
money packages for state employees
and still consider staying within the
suggested limits. That’s good news.

CSEA’s initial demands have not
yet been announced, and traditionally
are not due to the confusiorea starting
demand causes since the final figure
is arrived at only through long
negotiations. But it appears clear
that whatever the union seeks in the
coming state contract talks, the just
announced guidelines should not im-
pact too heavily after all.

Major points of President Carter's
anti-inflation program: ae

* VOLUNTARY PAY STANDARD
~ Annual increases in wages and
private fringe benefits should not ex-
ceed 7 percent in private enterprise
and federal, state and local
governments. Workers earning less
than $4 an hour would be exempt as
would be those under already signed
contracts. Standard applies not to in-
dividual workers but to the average
within these groups: Management,
employees covered by labor con-
tracts, other employees.

* VOLUNTARY PRICE STAN-
DARD — Individual firms should
limit their price increases over the
next year to 0.5 percent below their
average annual rate of price increase
during 1976-1977. If they cut wages
more than a-half percent in 1976-77,
greater price deceleration will be
asked. Standard applies not to
specific products but to a firm's
average price.

The Public Sector is published every
Wednesday except December 27, Jan. 3
July 4 and August 8 for $5.00 by the Civil
Service Employees Association, 33 Elk
Street, Albany, New York, 12224
Application to mail at Second Class
Postage Rates pending at Albany, New
York

Send address changes to The Public Sec-
tor, 33 Elk Street, Albany, New York
12224

Publication office, 75 Champlain Street,
Albany, New York, 12204. Single copy
Price 25°

Area judges are instructors

Special courses for Law

department matters. The instruction

By Deborah Cassidy

ALBANY Clerks and
stenographers in the Albany office of
the New York State Department of
Law are ‘‘going to school’’ to learn
more about their jobs.

They are participants in a program
of non-credit courses, taught by area
judges and court officers, on the
topics of legal research, legal

documents, appellate and claims
procedures

court and other

has also included tours of the various
courts and the law library. Sponsored
by the education committee of the
Law Department Local of the Civil
Service Employees Association and
the Law Department personnel office,
the training series was started in
September, after numerous requests
from employees wanting to learn
more about work to which they are
often exposed, but in which they have
had no formal training.

AN OUTLINE OF SPECIAL COURSES for clerks and stenographers in the Albany office of the State

Department employees

“The work of Law Department
employees is highly specialized and
detailed. It’s a field in which you
always need more knowledge,” said
Allene Lowe, a member of the
education committee. ‘This program
not only offers them more instruction
about their own jobs, but gives an
overall picture of the department as
well.”

The committee and senior per-
sonnel administrator Michael O'Brien
drew up the initial outline for courses,

Department of Law is reviewed by, from lett, Michael O’Brien, Virginia Weinhoter and Allene Lowe.

Protest forced out-of-title work

ALBANY The Civil Service
Employees Assn. has protested an ap-
parent attempt by the state Civil Ser-
vice Commission to force food service
workers to do out-of-title work.

CSEA President William L
McGowan has sent a letter to Civil
Service Commission President Victor
Bahou, informing him that Food Ser-
vice Worker I employees at several
developmental centers around the
state are being required to do grill
work,

“This duty is not listed as a function
of these employees on their current
job specifications,’ Mr. McGowan
said. “Until a final version of the
classification standard for Food Ser-
vice Worker I is released, the Office
of Mental Retardation should be ad-
vised to discontinue this out-of-title
work for this group of employees.”’

There are about 2,400 employees in
the Grade 4 Food Service Worker I ti-
tle now working in institutions
throughout the state. Their traditional
job duties have included washing pots
and pans, setting and waiting on
tables, putting food deliveries in
storage areas, and similar tasks.

Robert Guild, CSEA’s collective
bargaining specialist for the In-
stitutional bargaining unit, says,
“Recently, the Joint CSEA/State
Committee on Reclassification and
Reallocation agreed to upgrade the
Grade 3 Kitchen Helpers to a Grade 4.
Now, the Civil Service Department
seems to be trying to combine the
duties of Kitchen Helper, as well as

Food service committee
ALBANY — A special Food Service
Committee is working closely with
CSEA to develop a new job series for
food service workers.
CSEA Collective Bargaining
Specialist Robert Guild is the staff ad-

those of Assistant Cook, into the
duties of Food Service Worker I. But
they are trying to do it by expanding
the duties of the Food Service
Workers without any financial com-
pensation, and this is what we object
to.”

The department's Division of
Classification and Compensation has
tentatively changed the job specs for
the food service workers, and sub-
mitted them to agency and

Callendar

time, place, address and city for the event. Send to THE PUBLI
Albony, N.Y. 12204:

3 — SUNY at Albany Local 691 general

Drumlins, Nottingham Road, Syracus

Baldwinsville, N. Y. Luncheon at 1
14 — Creedmoor Psychiatric Center Local
p.m., Creedmoor basement chapel.

21 — Livingston County unit of Roche:
membership meeting: 2 p.m., Youth

Center, room 5890, Manhattan.
29 — Long Island Region 1 special electi
nounced.

visor to the committee, which is com-
prised of John Jackson, Pilgrim
Psychiatric Center; Alice Preacher,

Creedmoor
Lillian Davey,
Psychiatric Center;

Psychiatric Center;
Hudson River
Katha London,

Bahou
protesting the increased duties.

of EVENTS

Information for the Calendar of Coming Events may be submitted directly to THE PUBLIC SECTOR. |nclude the dote,

NOVEMBER
Restaurant, 1228 Western Ave., Albany.
3-4 — Central Region, state workshop, Holiday Inn Downtown, Syracuse.
4 — Onondaga Local 834 — New Membership Rally Party, 9 p.m. to 1 a.m.,

14 — Syracuse area retirees (CSEA) Chapter 913 Fall meeting. Fireside Inn,

15 — Nassau Local 830 board of directors meeting: 5:30 p.m., Salisbury Club,
Eisenhower Park, East Meadow, Lil.
17-18 — Region 5 County Workshop; Holiday Harbor Hotel, Oswego

21 — New York Metropolitan retirees Local 910 meeting: 1 p.m., 2 World Trade

department heads for their review
and recommendations. The Division
has the right to do this, Mr. Guild
noted.

“But now, the Office of Mental

Retardation has taken these tentative
changes as gospel, and has already
begun requiring new tasks of the food
service people,” he said.

The union president wrote to Mr.
that CSEA is formally

IC SECTOR, Clarity Publishing Inc., 75 Champlain Street,

| membership meeting, 5:30 p.m., Silo

e.

p.m.; The business meeting at 2 p.m.
406 general membership meeting: 5:30

ster Area Retirees Local 912 general
Center, Main St., Mt. Morris.

ions seminar: 5-11 p.m., site to be an-

Oswald D, Heck Developmental
Center; Tom Pianella, Marcy
Psychiatrie Center; Leah Cook,
Gowanda Psychiatric Center; and
Edward Newton, St. Lawrence
Psychiatric Center.

but left the final details up to the
ionals they had asked to teach.
It, says committee member
Virginia Welnhofer. has been
professional instruction in actual
work and research, rather than just
book learning. *‘You could probably
call it on the job training. We're try-
ing to provide the experience to help
employees do a better job.”

Having professionals as teachers
has added benefits, said Ms. Lowe,
noting that Supreme Court Judge
Conway teaches in his chambers,
allowing the students to use his exten-
sive library. “The State allows the
classes to meet in various rooms
within our building and also gives
employees time off for some of the
classes which are held in the late
afternoon,’ she added.

The success of the program can
probably be best measured by the fact
that all sessions held so far have been
filled to the maximum of 30 students
Nonie Johnson, one of the par-
ticipants, commented, ‘‘Just two
months of learning has helped me
tremendously on the job. The in-
struction is very thorough.and it’s not
just typing or shorthand. The
employees of this department have
consistently exercised an unusual in-
terest in the law and other workings
of the department and this program is
finally giving them the chance to
learn more.’

Prior to the start of each session a
notice is circulated, telling employees
to apply for admission through the
personnel department. Mr. O’Brien,
with Ms. Lowe and Ms. Welnhofer
review the applications, basing their
decision on seniority and job
relatedness

A Spring semester, scheduled to
begin in February, will be a repeat of
the fall offerings. Next year,
however, the committee hopes to add
more courses and more teachers to
take on a larger load of students, in-
cluding those in city and county
courts who have recently become
State employees.

CSEA shuts out
Teamsters 49-0

CAIRO — The Capital Region of the
Civil Service Employees Assn.
recently won a representation
challenge against the Teamsters un-
ion in the Cairo-Durham School
District for operational and clerical
workers.

According to field representative
Aaron Wagner, the school district
employees had been represented by
the Teamsters, but felt that the ser-
vice to members was inadequate and
expressed a general feeling that they
had been deserted by the union. They
voted for the CSEA by a margin of 49
to zero.

Commenting on the election, John
D. Corcoran, Jr., CSEA regional
director, said, ‘It is particularly
significant that the Teamsters
received no votes in this election. It
shows that the employees are un-
happy with the Teamsters’ inability
to negotiate contracts in that sector.”

Officers are: Fred C. Zimmerman,
president; Charles Selzner, vice-
president; Johanna Mulhany,
secretary, and Mildred Seeley,
treasurer. :

THE PUBLIC SECTOR, Wednesday, November 1, 1978

Page 5

|

=

—

Ina labor union as large and diver-
sified as the Civil Service Employees
Assn., Local 1000, AFSCME, ac-
tivities must be conducted on several
levels. Those activities, in turn, must
all be coordinated to blend into the
overall operation of the union.

Reduced to simple terms, the
overall policy determinations of
CSEA are made by member-elected
delegates who meet annually to reex-
amine old policies and consider ad-
ditional ones. Often delegates meet
more than once each year as the
necessity arises. Last week more
than 1,300 delegates conducted the un-
ion’s 68th annual meeting at
Kiamesha Lake.

The union’s Board of Directors,
also member-elected, meet at least
monthly throughout the year to im-
plement policy matters determined
by the delegates. On a day-to-day
basis, union affairs are conducted by
a professional staff of more than 200
labor experts under the guidance of
elected statewide and regional of-
ficers.

Some of the most important of un-
ion activities are conducted at the
committee level. The union has
numerous standing and special com-
mittees to operate in specific areas to
insure that adequate attention and
service is being given.

Thése committees function
throughout the year, and report on
their activities at each annual
meeting of the delegate body.

On these pages are some of the’
reports of various committees as
presented last week to the union’s
delegates. In subsequent issues of
“The Public Sector’’ we will be
presenting additional committee
reports for the benefit of the
membership.

Since our last Delegates meeting,
several items of legislation have been
passed which will have an impact on
CSEA members who belong to the
Employees Retirement System.
Other legislation has been proposed to
create a ‘‘Trusteeship’’ to oversee the
investments of the Common Pension
Fund and in the future we must be
aware of possible action in 1979 con-
cerning the COESC-Tier 3 Plan. We
have seen our Pension funds again
become the target of those who would
use your money to bail out the finan-
cial problems of New York City and
after nearly a quarter century of able
stewardship we note with sadness, the
retirement of Arthur Levitt as State
Comptroller. These, then, are and
have been, the principle concern of
your Pension Committee.

Early in 1978, the Pension Com-
mittee recommended eight items of
Pension Legislation to the Legislative
& Political Action Committee. By the
end of the current session, three of
our recommendations had been
passed.

(A) Legislation to implement a
constitutional change which
now allows the extension of
one-half the supplementation a
pensioner would be entitled to
if living, to the surviving
spouse of the pensioner who
retired and elected an option
that provided a lifetime benefit
to his or her spouse.

(B) Legislation will take effect

THREE AFSCME INTERNATIONAL
VICE PRESIDENTS — Among those ina
big audience listening to a discussion on
the CSEA/AFSCME affiliation on the
opening night of the convention are, from
left, Irving Flaumenbaum, President of
CSEA’s Long Island Region; AFSCME
International President Lee Tafel of
Miami, Florida; and CSEA President
William L. McGowan. Mr. Flaumenbaum
and Mr. McGowan are the two inter-
national vice presidents on the AFSCME
Executive Council from CSEA, Local 1000,
AFSCME.

CSEA BINGHAMTON CITY LOCAL 002
DELEGATES to the delegates meeting in-
cluded, from left, Joni Adams, Carol
Potter, Jim Goodison, Suzanne Snyder and
Cheryl Solometo.

January 1, 1979 which will
allow members of the Tier I
and Tier II plans to once again
contribute to an annuity ac-
count on a voluntary basis from
1% to 10% of salary.

(C)Legislation was passed
eliminating the requirement
that a pensioner attain age 62
prior to May 31, 1972 in order to
qualify for pension supplemen-
tation. Other legislation passed
this year now allows the
prospective retiree to notify
the ERS of his or her
retirement date in 30 to 90 days
before retiring; and, a change
in the method of computing the
date used to determine if an in-
dividual membership in the
ERS should be terminated due
to lack of government service
from five cumulative years of
lack of service in a ten year
period to five years from the
last date the individual is on a
payroll.

The remainder of our suggested
legislation was not acted on by law-
makers and we expect to consider
that material for re-submission in
1979. Administrative changes within
the ERS were also a concern of this
Committee and following our
suggestions, the ERS implemented a
system early in 1979 whereby in
certain circumstances an estimated
benefit check is available to a pen-

Page 6

THE PUBLIC SECTOR, Wednesday, November 1, 1978

Conventi

waz
e

Oo

sioner when the pensioner’s papers
become delayed in process.

Further, we closely monitored the
development of new retirement
allowance options worked on this
year. Initially we expected seven new
options to be offered but due to the ad-
ministrative impact of such a number
of changes, four new options will be
offered beginning in January 1979.
The Pension Committee has arranged
for a detailed seminar on these
changes to be held as part of the
Educational Program of this con-
vention and information tables will be
manned by ERS Information
Specialists for two days of the
Convention.

Through James Currier, our CSEA
representative to the Comptroller's
Pension Advisory Council, we learned
of a proposal to be submitted to the
legislature which would establish a
Trusteeship to administer the in-
vestments of the Common Pension
Fund. CSEA has taken exception to
the Trusteeship as originally propos-
ed and through Mr. Currier and the
Political Action Committee, several
amendments to the Trusteeship bill
have been submitted which would
provide more representation for
public employee unions on the
trusteeship and give those represen-
tatives a significant authority in the
operation of the trusteeship. At the
time this report was written, it is not
known whether or not the legislature
will take up the bill in 1978 or if action

a

scammer arenes

SETS

REFLECTING A SERIOUS, ATTEN-
TIVE MOOD during a discussion at the
convention are these delegates, from the
left, Shirley Richardson, Jack Richardson
and Richard Grieco, all representing
Jefferson County CSEA Local 823, and
Eleanor Percy of CSEA Judiciary Local
334, Region 5.

the Pension Committee

on the trusteeship concept would be
delayed to the next session of the
legislature. Your Pension Committee
will be among the many in CSEA that
will closely monitor this de-
velopment.

The Coordinated Escalator
Retirement Plan of 1966 will be a ma-
jor subject before the legislature in
1979. CSEA will take the position that
this plan should be amended
eliminating the contributory aspect
and the integrating with social
security. A coordinated effort with
the Comptroller’s office and
representatives from the Employees
Retirement System will be necessary
in order to present a uniform position
on amendments to the plan.

The Pension Committee met three
times in 1978. On February 15, June 5,
and August 28 respectively. In
closing, we remind and admonish our
membership that questions regarding
your pensions require a_ technical
answer that the ERS is best equipped
to answer. Direct your questions to:
NYSERS, Alfred E. Smith State Of-
fice Bldg., Albany, New York, 12244
and allow a reasonable time for
.response. Your retirement is too im-
portant to rely on misinformation.

Respectfully submitted,
Dorothy Goetz, Chairperson

Robert Comeau Benjamin Lipkin
Robert Rhubin Victor Marr
James Currier Jane O’Connor

ms SCE AN ONE

The Legal
Committee

The Standing Legal Committee of
your union reports to the Delegate
body the following breakdown of the
costs of the Legal Program as com-
pared to the budgeted figures for the
fiscal year ended September 30, 1978,
and further as compared to the ex-
penses of the Program for the
preceding 1977 fiscal year.

Estimated Estimated
Actual Budget Actual
1977 1978 1978

Retainer—General

Counsel $372,000 $525,000 $525,000
Retainers—Regional
Attorneys 167,500 167,500 167,500
Special Legal
Services 810,783 783,000 790,000

(Disciplinaries, Grievances, Court Cases,
Disbursements)

At this time, the Committee is very
much pleased to report that the union
now has at its disposal a functional
“Legal Services Report’’ in the form
of a computer printout. Such report is
the result of an almost complete
revamping and modification of the un-
ion’s Legal Program over the last
year. To illustrate to the Delegates
just what information is now at hand,
the following is a compilation of the
approximate year-end costs of the
various services available under the
Program.

Service Type Approximate Totals*
1—Disciplinaries - $448,000

2—Grievances 142,000
3—Lawsuits .. .. 120,000
4—Appeals of Court Cases
30,000
5—PERB Matters 5,000
6—Other 45,000
$790,000

“Some of these figures do not
reflect some of the work performed
by CSEA attorneys under their
retainer agreements.

As the foregoing figures point out,
the predominant Legal Program ex-
pense concerns our defense of
members who have had disciplinary
charges preferrred against them.
Naturally, such figure is as large as it
is due to the fact that the public
employers throughout the State have,

seo TR

Attached hereto please find a
general fund statement of income and
expenses for the month of August,
1978, and for the eleven months of our
fiscal year then ended. We anticipate
closing our year with a $250,000
charge to surplus, after transfers to
the contingency and plant funds as
authorized by the Board of Directors.

At the May 2, 1978 Special
Delegates Meeting, a motion was
passed mandating me to report on the
fiscal impact of the affiliation with
AFSCME. In line with this motion,
the charges to income for the three
year pact are as follows:

Fiscal year ending 9/30/78
$400,000

Fiscal year ending 9/30/79
$1,185,000

Fiscal year ending 9/30/80
$5,365,200

Fiscal year ending 9/30/81
$4,576,000

It would be highly speculative and
certainly subjective to measure the
net affect affiliation has on net
operating revenues. For instance, we
do not know how much money it
would have cost to fend off challenges
from other AFL-CIO unions. Af-
filiation with AFSCME eliminates
this threat. In addition, the future
cost of AFSCME’s help in areas of
governmental budgets and contract
analyses, research and economics,
federal and local lobbying and
legislation, political .education and
communications is, at best, difficult
to estimate. 3

A LEGAL SERVICES WORKSHOP was among
the many educational programs offered to
delegates at the 68th annual meeting of CSEA
delegates. Legal Committee chairman Joseph
Conway is shown at the microphone during the

over the last few years, generally
taken a much harder line towards
their employees, for the records show
that the number of disciplinary cases
has risen\ dramatically during this
period. The Committee hopes that
negotiated disciplinary procedures
may become more streamlined and
less costly with the continuation of
negotiations with the State of New
York, and its political subdivisions.
In closing, the Delegates are once
again assured that the members of
the Legal Committee, at their regular
monthly meetings, shall continue to
do their best to monitor the entire
program with a view towards reduc-

cantierenaiaaaO Oo

n ‘78— A report to the membership
| Report of the

Membership Oues & Agency Fee
Group Life Expense Reinb.
Investment Income,.......
Miscellaneous

Less: Dues Rebate
TOTAL INCOME

Printing Supplies
Communications. .

Representation
Debt Servi

Tax = Net.

Polit. Action Fund Contrib...
s

Transfer to Ene!
TOTAL EXPENSE:

Contribution (Charge) to Surplus

TOTAL EXPENSES
CONTR:
SUR

ISFERS 8
ES) 10

“Three pay periods during month

ing its costs by making as certain as
is humanly possible that the cases un-
dertaken by the association are
basically sound and meritorious.

Your chairman wishes to sincerely
thank Judy Burgess, a member of the
Committee who has just recently
resigned her responsibility in light of
her additional union work assumed
since becoming Ontario County Local
President.

Finally, I would be remiss if I failed
to mention and publicly applaud the
work of our chief counsels, Roemer &
Featherstonhaugh, and the attorneys
retained by that firm on behalf of
CSEA and, in particular Marge

workshop. Other members of the committee
are, from the left, Sara Sievert of Local 607;
Michael Morella, Local 860; Sid Grossman,
Local 852; Ernst Stroebel, Local 665; and Robert
Greene, Local 425.

Karowe, who serves as liaison to the
Legal Committee, all of our regional

attorneys and field staff who expend |

much time and effort in conjunction

with the Program throughout the
year.

Respectfully submitted,

LEGAL COMMITTEE

Joseph Conway, Chairman

Ethel Ross, Esq. Ernst Stroebel

Michael Morella Robert Green

Sid Grossman Sara Sievert

esac

THE PUBLIC SECTOR, Wednesday, November 1, 1978

Page 7

*ENTRAL REGION OFFICERS listen intently to speaker after speaker discuss a

ssues to be considered by the union’s delegates. From left are Beverly McDonald,

ce president; Patricia
ident; Anna Mae Darby,
jambrone, corresponding

dent; Ralph Young, third vice president; Dorothy Moses, t
Crandall, executive vice president; James Moore, regional pr
regional treasurer; Helen Hanlon, recording secretary; and Jackie

secretary.

“Legal Briefs’ is a periodic column about
Civil Service Law and legal matters of in-
terest to public employees. Material is com-
piled and edited by the Albany law firm of
Roemer and Featherstonhaugh, counsel to
the Civil Service Employees Association.

DISCIPLINE ARBITRATION —
EXCESSIVE ABSENTEEISM
Two recent arbitration decisions

portend some concern for CSEA

members. In these disciplinary
proceedings, the State sought to
prefer charges of incompetency
against the grievants for their ex-

cessive use of sick leave. The im-

portant factor is that this

absenteeism was either excused or
caused by legitimate illness.

Although the punishment imposed

was set aside in both cases, the ar-

bitrators held that the State could
terminate employees on the ground
of excessive absenteeism
regardless of the reasons for those
absences. These cases run contrary
to an earlier arbitration decision
which reasoned that under the

State agreement legitimate

absences due to illness do not con-

stitute ‘‘incompetency’’; (Matter
of CSEA and State of New York

(Department of Mental Hygiene),

case number 1367-0127-75). It is

submitted that this latter decision

is the better authority due to its ~

well-reasoned discussion of the
State agreement, Civil Service
Law and case precedents.

Matter of CSEA and State of New York —
Office of Mental Health (Kings Park
Psychiatrie) (case number 1367-0130-78) ;
Matter of CSEA and State of New York (Of-
fice of Mental Health) (case number 1567-
0089-78)

FEDERAL CIVIL RIGHTS ACT

The United States Supreme Court
recently decided a landmark civil
rights case imposing liability on
cities and other local governments.
The court overturned one of its
prior decisions and held that local
governments can now be sued for
money damages, declaratory or in-
junctive relief where the action
complained of executes a policy,
ordinance, regulation or decision
officially adopted by government
officers, which reults in a
deprivation of civil rights under the
Civil Rights Act of 1871. The ruling
came in the context of a class
action suit filed by New York City
employees who challenged the
city’s maternity leave policy which

—|Legall brieis—

required them to discontinue work
in the seventh month of pregnancy.

Matter of Monell v. Department of Social
Services of the City of New York (——U.S.—
—(decided June 6, 1978)).

TAYLOR LAW PENALTIES

The Court of Appeals has finally
put to rest the issue of the amount
of deduction from pay authorized
by Section 210 of the Taylor Law
against a striking public employee
(see Legal Briefs, Volume 2,
Number 11). The court held that
the statutory term ‘‘daily rate of
pay’’ should be construed to en-
compass gross pay, rather than net
pay. In other words, the penalty to
be assessed is two days’ gross pay,
before taxes, for each day of strike
participation. It was also noted
that the employer must still
withhold taxes due from that gross
amount

Matter of Phillips v. New York City
Health and Hospitals Corp. (44 N.Y.2d 807).

PERB POWER

When the New York City Board
of Education announced®that 180
supervisory employees would be
laid off due to fiscal restraints, the
union representing these
employees requested the board to
bargain over the impending dis-
charges. This request was refused
and an improper practice charge
was filed with the PERB. While
this was still pending, the union
commenced an Article 78
proceeding, the petition charging
that the board was making ap-
pointments to supervisors positions
without competitive examination,
thereby violating and cir-
cumventing Article 6, section 5 of
the New York State Constitution
and certain statutory provisions of
the Education Law. The lower
courts dismissed the petition,
holding that since a improper prac-
tice charge had been filed, PERB
had exclusive non-delegable
jurisdiction of the matter (Civil
Service Law, section 205, subd. (5),
par. {d}). The Court of Appeals dis-
agreed and reversed, stating that
PERB’s jurisdiction only encom-
passed those matters specifically
covered by the Taylor Law and that
PERB. was-not-vested with any

Page 8" «THE PUBLIG SECTOR) Wednésday, Noveinber 1, 1978

Big turnout .
for Region 5

SYRACUSE — Proof that interest is running

high over several major issues confronting the
Civil Service Employees Assn. was
demonstrated recently here when more than
150 officers of Locals and units in the Central
Region met to discuss topics to be considered at
CSEA’s annual meeting in late October.

The turnout for the four-hour session, held at
mid-week, was the largest in some time.

general power to prohibit
government officials from
violating express statutory
provisions such as was charged
here. The case was remitted to
Special Term and converted to a
declaratory judgment action since
petitioners were seeking review
not of a single action, but of a con-
tinuing policy.

Matter of Zuckerman y. Board of

Education of City School District of City of
New York (44 N.Y.2d 336).

EMPLOYEE TERMINATION

Petitioner was appointed from
an eligible list to the position of
Educational Analyst in December
of 1976. He did not hold a Civil Ser-
vice position at that time, having
resigned in August of 1976. Ap-
parently for this reason, he
thereafter received a notice stating
that he had been “‘removed from
the eligibility list’’ and therefore
was to be terminated from his job
as of January 26, 1977. Petitioner
argued that, pursuant to subd. 4 of
section 50 of the Civil Service Law,
he was entitled to a written
statement of reasons for his dis-
qualification and an opportunity to
explain and submit facts in op-
position, The Third Department
agreed, stating that there was no
reason for an applicant or an eligi-
ble to have greater procedural
protections than one who has been
appointed to a position.

Matter of Cassidy, v. New York State
Department of Correctional Services (406
N.Y.S. 2d 377).

ELIGIBILITY LIST

The petitioner complained that
the local Civil Service Commission
had allowed an eligible list with his
name thereon to expire, and had
begun to appoint persons from a
newly established list. The Second
Department held that the
respondent had the authority to
decide whether to extend the life of
a list or allow it to expire, the only
limitation of this discretion being
that it could not be done arbitrarily
or in bad faith. The petitioner had
made no allegations of bad faith or
improper motice. The court
further noted that respondent was
permitted to leave certain vacan-
cies unfilled until a new list

Central Region President James Moore called
the attendance “very encouraging” and advis-
ed those in attendance to reserve judgment on
the issues discussed until they had the facts and
information to cast informed votes as delegates
to the union’s annual meeting.

became effective.

Matter of D'Amico v. Leonard (406 N.Y.S.
2d 876).

SECTION 75 HEARING —
BIASED HEARING OFFICER
Petitioner was employed by the
respondent school district as
Superintendent of Buildings and
Grounds. Following a section 75
hearing, he was dismissed from
this position. The Second
Department held that petitioner
was entitled to a new hearing
before another hearing officer due
to the hearing officer's failure to
disclose his long personal and
business relationship with the
Director of Administration for the
district, a person who had a
primary role in preparing the case
against petitioner. The court noted
that “fundamental fairness’’ re-
quires a hearing officer to make
known any relationship he might
have with any party to the
proceedings and to disclose all
facts which might indicate or even
create the appearance of partiality
or bias.

Matter of Romeo v. Union Free School
District, Number 3, Town of Islip, East
Islip, New York (——A.D.2d——, NYLJ,
July 26, 1978).

The petitioners held provisional
Civil Service appointments as
Senior Court Officers. The Office
of Court Administration last gave
an examination for this position in
1973. Due to various delays by OCA
and the Department of Civil Ser-
vice, no examination had been
given since then. The Third
Department noted that subd. 2 of
section 65 of the Civil Service Law
permits a provisional appointment
to continue only for nine months,

and where this period is exceeded *

the appointments are ‘‘wrongful”
or “illegal”, and that this same
section requires an exam to be
given as soon as practicable for
any position held provisionally for
one month. The court held that an

. agency has no discretion to deter-

mine whether an exam will be held,
although the timing thereof is in
the discretion of the Civil Service
Commission if it is ‘“‘imprac-
ticable”’ to give the exam im-
mediately, Here there was no
justification for the excessive
delay, and it was ordered that an
exam be held as soon as possible.

Matter of Hannon v. Bartlett (405 N.Y.S.
2d 513).
The great exams blunder

Complaints pouring in about promotional tests

By Deborah Cassidy

ALBANY — What has been termed
the ‘great exams snafu of September
30’ unfolds more as details concern-
ing problems with the administration
of promotional civil service exams
pour into the Research Department of
the Civil Service Employees Assn.

“There’s no doubt that many
employees have been harmed by
these circumstances. We intend to
find out what problems are most
prevalent, what damage has been
done and what can be-done to correct
it,’ said Timothy Mullens, research

analyst.

The CSEA first became aware of
the problems when it began receiving
complaints in the various Region of-
fices. Most common were charges
that the monitors were inefficient,
many avoidable distractions existed
and there was a lack of test booklets.
A meeting between the Research
Department and the CSEA law firm,
Roemer and Featherstonhaugh,
resulted in a decision to acquire more
information through the publication
of a questionnaire in the Public Sec-
tor.”

CONVENTION DELEGATES representing CSEA Local 676, Department of Trans-
portation, Region 1, Albany are, left to right, Joseph Dee, William Linendoll,
Milo Barlow, and William Lucas, who is also president of Local 676. They are
shown during a well-attended discussion on affiliation by William Hamilton, ex-
ecutive assistant to AFSCME President Jerry Wurf, on opening night of the 68th

annual CSEA meeting.

PAYING STRICT ATTENTION to a speaker while crocheting at the same time is

alternate delegate Betty N. Allen of CSEA Local 620, Faculty Student Associ
Alfred State University. Ms. Allen was one of some 1,300 delegates to CS

week-long 68th annual meeting.

Union was right on

Predictions by the Civil Service
Employees Assn. that Erie County
could operate its new hospital ef-
ficiently and economically received
confirmation in the initial report sub-
mitted by the hospital's financial
director showing revenues running
$1.25 to $1.5 million ahead of budget
projections and expenditures in line
with them.

Further efficiencies and economies
were predicted as patient loads in-
crease, according to the hospital's
acting director.

CSEA had claimed in its long fight
to retain county control of the Erie
County Medical Center that the ultra
modern facility would attract new
patients and doctors and thus in-
crease revenues.

Howard Barth, the hospital's finan-
cial director, who instituted
numerous accounting and billing
reforms also proposed by CSEA,

M

ALBANY — Ms. Dorothy King,
President of Creedmoor Psychiatric
Center Local 406 of the Civil Service
Employees Assn., has been elected
chairperson of the Mental Hygiene
representatives on the CSEA Board of
Directors.

The 16 mental hygiene board
members represent more than 60,000
union members throughout the state.
Ms, King, a dental assistant at Creed-

moor, is-serving her third term on the ,

board.

reported to the hospital's advisory
committee that the average daily load
was 490 in-patients, or 40 more than
projected in the budget.

Depending on the Blue Cross and
Medicaid reimbursement rates set by
the state, Mr. Barth said this would
mean ‘‘We could be more than $1.25 to
$1.5 million ahead of what we
budgeted,”’ if the current patient load
continues.

Dr. Guy Alfano, the hospital's in-
terim director, said the efficiency of
the operation will increase with any
increase in the number of patients in
its daily census

He added that the facility plans to
increase its in-patient service from
the present budgeted 525 beds to the
610 beds approved by the State Health
Department

He said that with the additional ex-

penditure of $4 million needed to:

. King heads M-H reps.

She is also currently second vice-
president of CSEA’s Metropolitan
Region II, and past secretary of the
region.

Her colleagues elected her to the
top position at their meeting in
Albany last month. She will serve a
one-year term.

Past chairman of the mental
hygiene group was James Moore,

president of CSEA’s Central Region.

As the responses continue to pour in,
the Research Department has not yet
made a formal compilation of the
results, but has.allowed the “Public
Sector” to review them.

So far responses have been received
from all parts of the State for exams
in the clerical series, laundry super-
visor, art designer, technical en-
gineering and others. One of the
major complaints centers around the
inefficiency of proctors, with exam
takers charging them with being un-
able to answer questions about the
tests, not giving adequate directions.

hospital

reach this capacity, extra revenues of
$7.1 million could be generated

CSEA last December launched a
concerted effort which included
studies of the hospital’s books and
proposals to reduce deficits at the
predecessor E. J. Meyer Memorial
Hospital, an outmoded facility, since
closed.

Enlisting community support ‘‘to
keep public control of the publicly
financed’’ facility, CSEA was
successful in preventing the turnover
of the center to Buffalo General
Hospital, as proposed by the county
executive with the concurrence of a
majority of the county legislature.

and not knowing which materials to
pass out to whom. Several of the
respondents said they were not even
sure if they had been given the right
exams, Some complaints have been
lodged about monitors talking with
one another and entering and leaving
rooms during the tests.

Due to a lack of monitors, test
takers were permitted to go to the
rest rooms unescorted, which could
lead to cheating, or were just not
allowed to go at all. ‘That can get
pretty uncomfortable and distracting
after eight hours,’’ said one
employee.

The starting of exams anywhere
from one-half hour to two hours late
was another of the complaints listed
The late start in most cases could be
blamed on rooms not being ready,
materials missing and the need to fill
out required forms. Complainants felt
that these delays were unnecessary
and inconvenient, but were even more
irritated to find that it meant they
were not able to take all the exams
they had been scheduled for.

Poor surroundings was a frequent
complaint, with exam takers stating
that the rooms were overcrowded,
seating was uncomfortable and out-
side distractions, such as teams prac-
ticing at schools, noise and talking in
the halls, were present.

Those taking mathematical tests
found there was not enough scrap
paper. “I had to erase my figures and
use the same piece again and again,”
said one. There was a shortage of
answer booklets, preventing many
from taking some of their exams. In
the art series some of the required
special supplies were not available
and the facilities were not properly
equipped for such exams

Some people complained that direc-
tions to their exam rooms were not
posted in the buildings and that they
wasted valuable time searching.

As one employee summed it up,
“The entire situation was one in
which confusion reigned. I was so dis-
gusted that I could not think.”

CSEA blamed the Civil Service
Department for poor planning and
met with officials who admitted that
most of the problems stemmed from
“number and quality of monitors.”
They allege that there is only enough
money to pay $3 per hour, causing
many to resign. Civil Service also
blamed the situation on the fact that
the legislature mandated them to give
750 exams this year, when in past
years they have only been required to
give 450.

“It is up to the Civil Service
Department to take whatever steps
are necessary to get the money for
more monitors,’’ said Mr. Mullens.
“They might do better hiring retired
public employees who, for one thing,
are familiar with exam procedures
and for another thing, could use the
money,’’ he added

Joseph McDermott, president of the
Capital Region, who has received the
complaints in his area, also blames
the Civil Service Department for poor
planning. ‘‘They are giving too many
exams, too fast. Employees are suf-
fering because the department is
behind in its schedule and is trying to
make up for it,”’ he said. “It’s a
matter for the union to handle in the
courts."”

THE PUBLIC SECTOR, Wednesday, November’ 1, 1978 Page 9

Restraining
order halts
examinations

ALBANY — The Civil Service
Employees Assn. has obtained a
restraining order to prevent the
Department of Civil Service from
holding an open competitive oral ex-
amination later this month for two
positions within the Division of Sub-
stance Abuse Services.

According to Edward T. Stork, an
attorney with Roemer & Feather-
stonhaugh, CSEA’s law firm, oral ex-
ams scheduled for two titles,
Outreach and Referral Specialist, IIT
and Outreach and Referral Specialist
IV, are in violation of a stipulation of
agreement entered into between the
union and the Department of Civil
Service in July. At that time, the
Department had agreed to provide
tests for two titles, Supervisor of
Multi-Purpose Outreach Unit and
Assistant Director of Multi-Purpose
Outreach Program, which had been
held provisionally by two employees
beyeud sev time limits.

Late in July, the Department revis-
ed the two job titles to Outreach and
Referral Specialists II] and IV. CSEA
is alleging that the Department
violated the stipulation by changing
the job titles for the purpose of
limiting the scope of candidates that
would qualify to take the exams,
thereby insuring the provisional
titleholders, the Supervisor of the
Multi-Purpose Outreach Unit and the
Assistant Director of the Multi-
Purpose Outreach Program, of hav-
ing less competition and.more chance
to retain their titles. In addition,
CSEA is charging that the exams
should be promotional, instead of
open competitive, to allow state
employees the opportunity for career
advancement

The restraining order obtained by
CSEA will prevent the Department of
Civil Service from holding the exams
for Outreach and Referral Specialist,
III and IV pending further order of the
court or a final resolution of the
proceeding. The matter will be heard
on Nov. 10 before a Supreme Court
justice.

?
A FAMILIAR VOICE heard at every delegate meeting of CSEA is that
of Abe Libow, a very active delegate from CSEA New York City Local
016, shown here in a quieter moment with his wife during the union’s

68th annual meeting last week.

Putnam ratifies a new agreement

PUTNAM — Town of Putnam
laborers, drivers, motorized
equipment operators and mechanics,
all represented by the Civil Service
Employees Assn., have ratified a new
2-year agreement, which becomes
effective January 1, 1979.

The new contract calls for pay
raises ranging from 32-cents to 64-

cents an hour; a new 15-year
longevity step of five percent of base
salary; and provisions for double time
on Sundays and holidays. In addition,
town workers covered by the CSEA
agreement will receive steel safety
shoes as of next January 1, and five
sets of working uniforms as of
January 1, 1980.

Region vice presidents move up

ALBANY—Due to the
resignation of EB. Jack
Dougherty as first vice
president of the Capital Region
of the Civil Service Employees
Assn. in September, the next
two ranking vice presidents
have been moved up and a new
third vice president will be
elected.

In accordance with the
Regional Constitution, Region
president Joseph McDermott
appointed second vice president
Timothy McInerney to the office
of first vice president, and third
vice president Eileen Salisbury
to the office of second vice
president.

Westchester
set to fight
layoff threat

By Dr. Gerald Alperstein

WHITE PLAINS — The
Westchester County CSEA local held
a membership meeting Monday even-
ing to map strategy and appoint a
committee to combat proposed
layoffs.

Local President Raymond J. O’Con-
nor said Westchester County Ex-
ecutive Alfred DelBello plans large-
scale layoffs in violation of an un-
written understanding between the
county and the local.

In a meeting Oct. 23 with DelBello,
O'Connor reported being told that
substantial layoffs are being planned,
though no exact number or percen-
tage would be revealed. Rumors
about the layoff have been as high as
10 percent, or about 625 employees.

Also at the meeting were Chief Shop
Steward Carmine DiBattista, CSEA
Collective Bargaining Specialist
Emanuel Vitale, Region III Collective
Bargaining Specialist Ronald Mazzola
and Westchester County Director of
Labor Relations Michael Wittenberg.
Vitale and Wittenberg were the chief
negotiators for the contract between
the local and the county, which was
ratified in August 1978.

O'Connor said that during the
negutiations, the county claimed they
would be forced to make substantial
layoffs in order to afford a large pay
increase. He said the local decided to
protect the jobs, accept an approx-
imate 10.5 percent increase over
three years and not fight for a large
pay increase.

O'Connor said he was told at the
meeting that the no-large layoff
promise was only for 1978. “

He said he had written to DelBello
on Oct. 19 to request the meeting
because of the rumors about the
layoff. During the week of Oct. 16
some employees received notification
of Jan. 1, 1979, layoffs.

O'Connor said other locals in
Westchester County were invited to
the Monday meeting. Some of the ac-
tivities being planned could include
demonstrations, telephoning and
appearances at County Board of
Legislators’ meetings, he said.

Challenges Tompkins County on pension plan

ITHACA — The Civil Service
Employees Assn. last week sharply
challenged proposed pension benefit
figures of the insurance carrier that
Tompkins County says would provide
that coverage if the county is
successful in relinquishing control of
the county hospital to a private
operator

CSEA special counsultant Joseph
Watkins addressed a hearing of the

NEW YORK STATE ELIGIBLE LISTS:

Tompkins County Comprehensive
Health Planning Councit! Review
Committee and called the carrier's
proposal ‘‘a sham”’ filled with ‘‘many
critical omissions.”’ The County had
attempted to turn over control of the
new hospital to a private contractor
earlier this year, but CSEA
employees were successful in a
petition drive which forced the issue

on the November 7 ballots as a

referendum.

Watkins challenged the hospital's
Governance Board to ‘‘put it in
writing.”’ He noted that the Gover-
nance Board said on October 17 they
would provide ‘‘a plan which could
provide current hospital employees
pension benefits which are at least
equal to the State Retirement Plan all
at a lower cost.’

Said Watkins, ‘This is a gross mis-

representation. We challenge the
Governance Board to have the carrier
provide a simple statement as
follows: ‘We hereby guarantee to
provide a retirement plan for all
future employees of the hospital un-
der the same conditions as the State
Retirement Plan and continue the
present benefits of current employees
as contained in the State Retirement
Plan at a cost of $______.

Assoc. Bacteriologist Virology
(Exam No. 36282)
Test Held May 20, 1978

Ducharme, C. P., Voorheesville - 87.6

1
2. Armstrong, G. V., Slingerlands. 83.1
3. Schmidt, Gale, B., Slingerlands 79.4
4, Sikoro, Edward T., Albany 178.5
5. Senter, Carl L., Albany. . 76.5
6, Wethers, Judith, Loudenville 75.7
7 , William H., Glenmont 734

Assoc, Bacteriologist

(Exam No, 36280)

Test Held May 20, 1978

|. Lapa, Edward M., Valatie 179.3

2. Toombs, Ross M., Albany ........0+ 787
3. Schoonmaker, D. J., Duanesburg «.......e+0+.. 78.1
4. Schmiat, Gale B., Slingerlands. 764
5. Suss, Robert H., Voorheesville . aL
6. Burns, Jeon M., Albany Carico C0
7. lee, Annamay, Albany ..... 72.3
8. Maupin, Peggy S., Nassau ...... ns

Sr. Bacteriologist Virology

(Exam No. 36281)

Test Held May 20, 1978
Schryver, George, Voorheesville 84.0
Rosenthal, Olga, Latham 743

Vonnegut, Michi, Nassau......scsccsscsseeseeens 242
Kornatowski, G.'E,, Delanson

pone

Page “10 ‘THE PUBLIC SECTOR,

Wednesday, November 1,.1978

Sr. Bacteriologist
(Exam No. 36279)
Test Held May 20, 1978
1, Parsons, Linda D., Voorheesville
2. Sasowski, Sandra, Albany
3. Fox, John A., Albany ......
4, Witkowski, Carol, New Lebanon Cir.
5, Beblowski, Dianne, Schenectady
6. Vonnegut, Michi, Nassau...

83.3

7. Young, Carolyn C., Clifton Park 1718
Motor Equipment Storekeeper
(Exam No, 36328)
Test Held August 12, 1978
1, Wakewood, John D., Albany 81.2

Motor Equipment Storekeeper
(Exam No. 36329)
Test Held August 12, 1978

1. Schroeder, F., Averill Pork ..
2. Watson, Raymond, Windsor
3. Gilleran, Thomas, Hornell

‘4. McFee, Marilyn L., Roches
5. De ), Anthony, Mechanicvi
6 Wood, Frederick, Central Squore
7. Hughes, Robert J, Lafargeville ..
B. Mason, Rosomond, Weedsport .......++.+
9-Lamb, William C., Troy

10. Cummings, C, D., Canandaigua...

$300 SCHOLARSHIP AWARD — The 1978 CSEA Hazel Nelson Scholarship
Award of $300 is presented to Sara Rubino, a freshman at the State University
College at Brockport, by George Webster, right, president of Civil Service
Employees Assn. Local 601. Sara’s father, Richard Rubino, lett, a plant
management employee at Brockport, watches proudly. The annual scholarship
award honors the founder of the CSEA Locai at the State University College at
Brockport.

STATE OPEN COMPETITIVE
JOB CALENDAR

The following jobs are open. Requirements vary. Apply with the state Civil Service Department, 2
World Trade Center, Manhattan; State Office Building Campus, Albany, or 1 West Genesee St., Buffalo.
FILING ENDS NOV. 6
Assistant Criminal Justice Program Analyst $11,250 |, 24-726
Canal Structure Operator .. .$ 7,997 . 24-833.
Canal Maintenance Shop Supervisor ‘UW $12,583 . 24-831
Canal Maintenance Shop Supervisor 1. z $11,250 . 24-830
Criminal Justice Program Analyst $14,075 24-727
Senior Criminal Justice Program Analyst $18,301 24-728

Senior Criminal Justice Program Analyst

(Juvenile Delinquency) $18,301 . 24-729
Research Analyst (Criminal Justice) $14,075 . 24-743
Senior Research Analyst (Criminal Justice) $18,301 . 24-744
Senior Compensation Claims Clerk $7,997 . 24-745
Senior Training Technician (Wastewater Treatment) $14,075 |, 24-752
Program Research Specialist IIT

(Correctional Services) $18,301 |. 24-811
Senior Research Analyst (Correctional Services) $18,301 . 24-811
Program Research Specialist II

(Correctional Services) $14,075 24-841
Thruway Maintenance Specialist $15,894 24-812
Assistant Architect $14,850 . 24-821
Senior Architect $18,301 » 24-822
Assistant Heating and Ventilating Engineer $14,850 . 24-827
Assistant Mechanical Construction Engineer $14,850 . 24-828
Buoy Light Tender $7,152 . 24-829
Health Care Fiscal Analyst $11,250 . 24-824
Health Care Fiscal Analyst Trainee $10,624 . 24-863,
Body Repair Inspector $11,250 No. 24-836 §
Senior Body Repair Inspector $13,304 . 24-837
Program Research Specialist IV (Aging) $22,623 24-840
Program Research Specialist III (Youth Services) $18,301 No. 24-847
Research Analyst (Transportation) $14,075 24-850
Parkway Maintenance Supervisor I $8,454 24-853,
Parkway Maintenance Supervisor II $11,250 24-854
Section Maintenance Supervisor I $12,041 24-855,
Division Maintenance Supervisor L $12,041 24-855,
Social Work Supervisor I $17,365 . 24-860
Social Work Supervisor [IT $20,366 No. 24-861

FILING ENDS NOV. 16

Program Research — Specialist II

(Housing & Community Development) $14,275 . 24-851
Program Research — Specialist [II

(Housing & Community Development) $18,501 24-852

FILING ENDS NOV. 20

Associate Criminal Justice Program Analyst $22,623 27-798
Associate Criminal Justice Program Analyst

(Juvenile Delinquency) $22,623 No. 27-800
Business Service Ombudsman $22,623. . 27-708
Principal Criminal Justice Program Analyst $25,095 27-799
Principal Criminal Justice Program Analyst

(Juvenile Delinquency) $25,095 No. 27-801
Associate Research Analyst (Criminal Justice) $22,623 27-802
Principal Criminal Justice Program Analyst (Police) $25,295 27-803
Senior Hydraulic Engineer $18,301 27-825
Assistant Hydraulic Engineer $14,850 |. 27-824
Assistant Pharmacy Consultant $14,075 27-829
Pharmacy Consultant $16,868 27-830.

You can also contact your local Manpower Services Office for examination information.

OPEN CONTINUOUS
STATE JOB CALENDAR

Title
Pharmacist (salary varies with location) , .
Assistant Sanitary Engineer
Senior Sanitary Engineer ...
Clinical PhysicianI ...........
Clinical Physician II
Assistant Clinical Physician .
Attorney ee
Assistant Attorney .
Attorney Trainee .
Junior Engineer
(Bachelor's Degree)
Junior Engineer 5
(Master’s Degree
Dental Hygienist
Licensed Practical Nurse.
Nutrition Services Consultant.
Stationary Engineer
Senior Stationary Engineer ....... ;
Occupational Therapy Assistant I
Occupational Therapy Assistant I
(Spanish Speaking)
Vocational Rehabilitation Counselor . . :
Vocational Rehabilitation Counselor Trainee .
Medical Record Technician.......
Histology Technician

Professional Positions in Auditing and Accounting.

Computer Programmer
Computer Programmer (Scientific)
Senior Programmer .
Senior Computer Programmer (Scientific)
Mobility Instructor . meee
Instructor of the Blind .
Health Services Nurse... es
(salary varies with location)
Senior Heating and Ventilating Engineer ..
Senior Sanitary Engineer (Design)
Senior Building Electrical Engineer ....
Senior Building Structural Engineer .....
Senior Mechanical Construction Engineer
Senior Plumbing Engineer ie
Assistant Stationary Engineer ..
Electroencephalograph Technician
Radiologic Technologist
(salary varies with location)
Medical Record Administrator .....
Food Service Worker . os
Mental Hygiene Therapy Aide Trainee ..
Mental Hygiene Therapy Aide Trainee ..
(Spanish Speaking)
Associate Actuary (Casualty)
Principal Actuary (Casualty) .
Supervising Actuary (Casualty)
Assistant eeuey :
Nurse I.
Nurse es
Nurse II (Psychiatric
Nurse II (Rehabilitation)
Medical Specialist I
Medical Specialist I .
Psychiatrist I..
Psychiatrist II . Oa
Social Services Management “Trainee an
Social Services Management Specialist .
Social Services Management Trainee
(Spanish Speaking)
Social Services Management Specialist ..
(Spanish Speaking)
Industrial Training Supervisor
(salary varies depending on specialty).
Physical Therapist . eee
Physical Therapist (Spanish Speaking)
Senior Physical Therapist . ;
Senior Physical Therapist {Span Speaking) i
Speech Pathologist . A
Audiologist .
Assistant Speech Pathologist .
Assistant Audiologist
Dietician Trainee .
Dietician ..
Supervising Dietician .
Stenographer .
Typist ne
Senior Occupational ‘Therapist a
Senior Occupational Therapist
(Spanish Speaking)
Occupational Therapist
Occupational Therapist (Spanish ‘Speaking)

Salary Exam No.

$14,388-$15,562
$14,142

sees $17,429
«$27,942
$31,055

«+. $25,161

. $14,850.

++» $12,397

+ $11,723
$11,904

+. $12,890.

$8,950
vee $8,051
+ $13,404
«+ $10,042
.. $11,250

$9,029
+. $9,029

.. $14,142

$11,983
$9,481
$8,051
$11,250
». $11,250
$11,250
ve. $14,075

$14,075
$11,904
$11,250
“$11,250-$12,025

++, $18,301
». $18,301
++. $18,301
. $18,301
$18,301
-. $18,301

*. $8,454-$10,369

$11,904
$6,148
$7,204
$7,204

- $18,369
- $22,364
$26,516
$10,714

- $10,624
$11,904
. $11,904
$11,904
$33,705
$27,942
$27,942
$33,705
$10,824
$11,450
. $10,824

+ $11,450.

. $10,624-$12,583.

eee. $11,337
+ $11,387
.. $12,670
$12,670
$12,670
$12,670
++, $11,337
., $11,337
$10,118
$10,714
+. $12,670
+++, $6,650
+ $6,071
$12,670
.. $12,670

$11,337
$11,337

20-129
20-122
20-123
20-118
20-119
20-117
20-113
20-113
20-113
20-109

20-109

20-107
20-106
20-139
20-100
20-101
20-174
20-174

20-140
20-140
20-143
20-170
20-200
20-220
20-222
20-221
20-223
20-224
20-225
20-226

20-227
20-228
20-229
20-230
20-231
20-232
20-303
20-308
20-334

20-348
20-352
20-394
20-394

20-416
20-417
20-418
20-556.
20-584
20-585
20-586,
20-587
20-840
20-841
20-842
20-843
20-875
20-875
20-876

20-876
20-877

20-880
20-880
20-881
20-881
20-883.
20-882
20-884
20-885,
20-888
20-887
20-886
20-890
20-891
20-894
20-894

20-895
20-895

You may contact the following offices cf the New York State Departmant of Civil Service for an-
nouncements, applications, and other detail, concerning examinations for the positions listed above.
State Office Building Campus, First Floor, Building |, Albany, New York 12239 (518) 457-6216.
2 World Trade Center, 55th Floor, Mew York City 10047 (212) 488-4248.
Suite 750, Genesee Building, West 1¢ Street, Buffalo, New York 14202 (716) 842-4260

THE PUBLIC SECTOR, Wednesday, November 1, 1978

Page 11

|

ATTICA — On August 5, 1977, a 49-year old
cook at the Attica Correctional Facility, Mrs.
Nancy Vial, was brutally murdered while on
duty at the facility. An inmate at the Attica
facility was subsequently charged with the
strangulation murder of Mrs. Vial and is
presently standing trial on that charge.

Now the tragedy of her death has been under-
scored and revived by the denial of a $50,000
death benefit claim under the Public Safety Of-
ficers’ Benefits Act filed on behalf of Mrs. Vial’s
22-year-old son, James Wayne Vial.

Her death ahd the subsequent denial of the
death benefit claim may not ultimately be in
vain, for the case has generated what may result
in a joint effort by the Civil Service Employees
Assn., of which Mrs. Vial was a member at the

time of her death, and the State Department of
Correctional Services to introduce legislation to
amend the Public Safety Officers Benefit
Program to clarify the eligibility of persons
employed in correctional facilities in other than
a safety officer capacity.

The denial of the death benefit claim was bas-
ed on the fact that Mrs. Vial’s job description as
a cook contains no specific reference to any
security functions. Actually, under current stan-
dards, no ‘‘civilian’’ (non-security) employees of
the Department of Correctional Services contain
references to security functions. Therefore, even
though they face daily risk through exposure to
dangerous inmates and conditions, institutional
teachers, food service workers, maintenance
personnel, clerical and administrative per-
sonnel, and others, are not covered

Tragic case of Nancy Vial revived;
survivor denied death benefit claim

CASE NUMBER: 77-319. This claim determination by the Law Enforcement
Assistance Administration of the United State Department of Justice is signed by four reviewing
representatives between August 14, 1978 and September 9, 1978. This determination denies the claim to
Mrs. Vial’s eligible survivor, but admits that the deceased was, in fact, exposed to risk on the job.
“Although Mrs. Vial was exposed to risk in her occupation, she did not have the authority to act as a law
enforcement officer,’’ the report determines.

blog

Union calls

on
connect 18
J cerantment ae ee septenve® 8
ee is
ee as for changes
ases2) re ; ;

fot paninsetter The Civil Service Employees Assn., which
erancendent socket represented Mrs. Vial at the time of her death
, pepe Sonat ett ® and which has been pushing hard to obtain death
porbate I eh eoeof an et benefit claims for her eligible survivors, has
ie pit ube reacted strongly to the denial of a $50,000 death

benefit claim under the Public Safety Officers’
Benefits Act.

CSEA Western Region President Robert Lat-
timer said he is ‘‘appalled’’ by the denial, even
though in doing so the claim’s officer noted that
Mrs. Vial was exposed to risk in the performance
of her job. Mr, Lattimer calls the determination
“gross injustice’ and that it is ‘‘painfully
evident that this situation can and should be cor-
rected forthwith.”

Rich Becker, President of CSEA Attica Local
152, has been deeply involved in the case since
the murder occurred in August, 1977. Mr.
Becker, upon learning of the claim denial, wrote
to department Commissioner Richard Hongisto
to ask for “the elevation of non-uniform
employees to collateral responsibility employees

to acknowledge that the Department does
charge various civilians with specific duties of a
security nature...’ He called the current con-
ditions ‘‘inequitable’”’ and pledged the full sup-
port of CSEA to any departmental effort to cor-
rect the situation.

THIS MEMORANDUM dated September 8, 1978 is from J.E. Van De Car, Director

of Manpower Management of the State Department of Correctional Services. Addressed to Bar-
bara Kinch, Deputy Superintendent for Administrative Services at Attica, it clearly outlines the
support of the department to obtaining coverage for employees under the Public Safety Officers
Benefit Program. CSEA supports the department's position and has pledged to cooperate in gain-
ing necessary legislation.

Better security — get on with it |

|

| The tragic, senseless murder of attempted assaults and acts of in- population. This facet of their must be taken so that these poten- |
Mrs. Nancy Vial while performing timidation are a way of life for employment should be immediate- _ tial victims of violence never reach |

her duties as a cook at the Attica employees throughout the state’s ly included in their job description, that potential. If new legislation i
Correctional Facility on August 5, prison system. for the exclusion of that description and more money is the answer, |
1977 horrified us all. The risks and dangers these peo- _ is primarily what caused the denial _let’s get on with it i

Her death at the hands of anin- ple confront must be recognized of an otherwise legitimate death i

mate magnifies and supports the
contention long maintained by
CSEA that non-uniformed
employees working within the con-
fines of correctional facilities are

and addressed once and for all.
Adequate security must be
provided. And the employees must
be compensated for the risks they
work under. They are required to

benefit claim by an eligible sur-
vivor of Mrs. Vial

The main concern, however, is
not for the survivor. It is for the
victim. Immediate steps to provide

afforded grossly inadequate work among, and often help adequate security for non-
f protection daily. Assaults, maintain control of, the inmate uniformed personnel at all times
| %
\ y
‘en LS RCN a CNB 9 A RL peace saat ee re NETS

Page 12

THE PUBLIC SECTOR, Wednesday, November 1, 1978