The Public Sector, 1978 November 29

SPECIAL ROAI

the car in this photo is approaching a special, : ale

foot long section of highway on the State Campus in Albany. A a

slight “bump” in the foregreund marks the start of the special strip
it so special, turn to page 5

#f road. To find out what make:

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Official Publication of The Civil Service Employees Association

=SECTOR

Vol. 1, No. 9 25¢

Wednesday, November 29, 1978 :

Appellate Court hears dispute

ALBANY = The Appellate Division
of State Supreme Court may render a
decision as soon as mid-December in
the disputed representation election
affecting 45,500 State employees in
the PS&T bargaining unit, The 5-judge
panel of the Third Department of the
Appellate Division heard oral
arguments in the case November 22
and is expected to issue a relatively
speedy decision.

Meanwhile, a stay barring decer-

tification of the Civil Service
Employees Assn. as bargaining
representative, issued by a State
Supreme Court judge on September 27
and later upheld by the Appellate
Division, continues in effect. As a
result , CSEA continues to represent
the PS&T employees pending the out-
come of legal action.

CSEA took the issue to State
Supreme Court following a decision

on September 27 by the State Public
Employment Relations Board to
decertify CSEA and grant cer-
tification to the rival Public
Employees Federation (PEF) on the
basis of an election last April which
saw PEF gain a majority of ballots
cast. CSEA has charged the April
election was fraught with illegalities
and irregularities and should be over-
turned. CSEA detailed its charges in
written briefs filed in late October

with the Appellate Division and dur-
ing oral arguments on November 22.

CSEA was represented by its chief
counsel, Atty. James Roemer. PEF
was represented by James Sandner,
an attorney from the New York State
United Teachers, one of two unions
comprising PEF. PERB was
represented by Atty. Martin Barr,
while Atty. Joseph Bress appeared for
the Governor's Office of Employee
Relations.

Contract talks resume under blackout

ALBANY — The apparent leak of confidential in-
formation concerning the union’s contract demands
to the State of New York has visibly angered Civil
Service Employees Assn. President William bL.
McGowan, but he has refused to escalate the con-
troversy, instead reiterating CSEA’s intention to
honor a news blackout policy surrounding
negotiations.

Almost immediately after CSEA and the State ex-
changed initial demands for new contracts covering
100,000 state workers in three major bargaining un-
its, an Albany-area newspaper printed a front page

article which purportedly detailed virtually all the
union’s demands. Prior to the exchange of
demands, both sides had agreed to abide by a policy
of negotiating under a news blackout.

The union responded to the apparent leak of infor-
mation by refusing to confirm or deny the accuracy
of the news article, stating such information cannot
be discussed due to the blackout restrictions. A
spokesperson for President McGowan said dis-
cussion of initial demands, subject to substantial
changes as talks progress, would be meaningless
and could be detrimental to the bargaining process.

Under the mutually adopted policy, news releases
regarding negotiations cannot be issued prior to an
impasse in bargaining, and even then a 48-hour ~
notice must be given in advance before one side or
the other contacts the news media.

CSEA-State contract talks resumed under the
blackout policy this week, and will continue,
probably, next week. Bargaining is expected to con-
tinue for several weeks in an effort to reach
agreement prior to expiration of the existing con-
tract on March 31, 1979.

Union set to launch
image building plan

ALBANY — The Civil Service
Employees Assn, will launch the most
extensive advertising campaign in its
history shortly after the first of the
year following approval of campaign
funding by the union’s Board of Direc-
tors this month.

Centering around the theme,
“Public employees, where would you
be without them,” the union will
begin the campaign using radio and
newspaper advertising and may ex-
pand to additional media. It is ex-
pected to continue over a period of
several months.

Not only will the campaign be the
most extensive in the union’s history,
it also represents a bold departure
from past advertising campaigns.
This program will have an image-
building objective, designed to show
public employees in a positive
manner to improve the public’s image
of public workers, as well as the im-
age that employees have of
themselves

The image-building campaign,
known as ‘‘institutional advertising,”
will utilize a new CSEA “jingle”, or
song, written especially for the cam-
paign and first unveiled at the Oc-
tober annual meeting of the union’s
delegates.

West Babylon
pact approved

WEST BABYLON. — The 300-member
West Babylon School District Unit, part
of Suffolk county Educational Loeal 870
of the Civil Service Employees Assn.,
has a new 2-year contract but it came
within a whisker of going on strike in-
stead.

The school district employees had
been without a contract since last June
30. Talks disintegrated into an impasse,
and when subsequent efforts to resolve
the differences faltered the membership
authorized its negotiating team to call a
strike if necessary

A strike was ultimately called for
November 13, but a last ditch bargaining
session on Sunday, November 12 resulted
in a tentative 2-year agreement, which
was ratified unanimously later the same
day by the membership, less than 12
hours before the strike was set to begin.

The agreement calls for a 442% pay
hike retroactive to July 1, and a 5%
salary increase effective next July 1.
Improvements in longevity steps and
other contractual language changes also
are included.

The adjacent photos show members of
the unit demonstrating during a meeting
of the West Babylon Board of Education.

WEST BABYLON CSEA UNIT members Thomas Weigel, Liz Cunningham and
Margaret Kuprian discuss the issues that held up negotiations and nearly led to a
strike by the workers.

WEST BABYLON SCHOOL DISTRICT drivers Jackie Cittlar and Jean Fiorentino
were among a large number of unit members picketing.

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
purposes. Telephone numbers will not be printed, and names
may be withheld upon request. Send all letters to THE
PUBLIC SECTOR, Clarity Publishing Inc,, 75 Champlain
Street, Albany, N.Y. 12204,

Editor, The Public Sector:

I think something ought to be done with
reference to the method of payment we have to
endure by GHI for dental claims. 1 feel the
benefits offered by the State was one reason for
many people taking a’ Civil Service job.
However, when you have to wait several months
for a claim to be processed and then only after
repeated letters and duplicate copies of claims,
may you finally, if you're lucky, reap satisfac-
tion. I’m sure many of us have had to wait and
wait an unusually long period of time for a reim-
bursement on a dental bill. My dentist, as I am
sure many others, refuses to keep on filling out
duplicate copies. It is time consuming and their
time is money. When you do finally make a
phone inquiry to GHI with reference to a claim

or claims and this is only after repeated written
requests have been ignored, they then ask you to
send another copy of insurance form. After four
years of being involved with this dental plan and
their practice of payment, I feel an injustice is
being done to State workers. Doctor and dental
fees are high and when you have a large family,
the bills are that much more. A doctor or dentist
does not wait for his money. Payment is due at
the time of service. It is not fair to make us wait
for a benefit that is due us. After all, don’t you
think four duplicate copies of insurance forms,
four letters and nine months is long enough to
wait for a benefit due a CSEA employee?
Linda Lessman
Melville, N.Y.

Editor, The Public Sector:

I am a new employee within the State system,
and please allow me to express my opinion
through your publication.

The two specific topics I mention hereafter
have concerned me since I began employment
with the State. I honestly feel the CSEA has done

very little or nothing about it, and I hope I can -

catch their attention through your publication
First, I am of the opinion that fixed (stable)

pass days (other than weekends) contribute to

sub-human standards in life. Imagine a worker

— a human being — having permanent pass days
of Wednesday and Thursday. This is bull! What
has the CSEA done, except to talk about
seniority?

Every other worker, other than the nurses and
attendants, have weekends off. The nurses and
attendants have been carrying the greater
portion of the work load in terms of health care.
Why can't we have, at least, every other
weekend off?

Secondly, the L.P.N. has a license. The L.P.N.
often takes charge of psychiatric wards, gives
out medication including injections and functions
with similar responsibilities as the R.N., except
for a few things. The question is, why should the
L.P.N. be in the same grade category as the
MHTA or CMA? The L.P.N. should be, at least,
one grade lower than the R.N. or two grades
higher than the MHTA or CMA, The CMA should
be one grade above the MHTA.

What has the CSEA been doing except talking
about future benefits? Most of us may never live
to see those benefits anyway. We want
satisfaction now.

I personally have been a past member of both
Local 144 and Local 1199 and, believe me, the
CSEA is 10 years behind. I sincerely hope
something is done.

R. Rampe'
Kingsboro Psye

sad, P.N.
ic Center

PRT UR

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a
|

CSEA sets tentative
timetable for elections

The following tentative timetable has been announced for the 1979 election
of statewide officers and members of the State Executive Committee of the
Civil Service Employees Assn

January 2 Appointment of Nominating Committee.

January 8 Mailing of Bid Specifications to Outside Agencies

January 18 Meeting of Nominating Committee to Outline Duties & Elect
Chairperson

January 29 Receipt Deadline for Bids From Outside Agencies.

January 30 Opening of Bids and Review by Election Procedures Com-
mittee.

January 31 Meeting with Board of Directors Committee to approve
Outside Agency ‘

January 31 Notification to Outside Agency of Acceptance of Bid.

March 1 Report of Nominating Committee

March 21 Deadline for Declination of Nomination.

April 16 Final Day for Nominations to Fill Declinations (If Less Than
2 Candidates Remain)

April 16 Final Day for Petitions To Be Filed.

April 20. Request to Each Candidate For spelling of name as it will
appear on ballot sent by certified mail/return receipt.
Deadline for changes — May 5, 1979.

April 20 Drawing for Position on Ballot — 10:30 A.M., Conference
Room, Headquarters — Candidates (or Proxies) may attend
as observers.

April 27 Mailing of Printed Copies of Rules and Regulations for the
Election to All Candidates and Local Presidents.

May 11 Publication of Names of All Candidates in the Official
Newspaper.

May 14 Ballots in Mail

May 26 Replacement ballots may be requested as of this date if
original ballot has not been delivered.

June 2 Return of Ballots — 6 p.m. Deadline.

21
June 22 Ballots to be removed from envelopes to prepare tor
counting. Ballots which cannot be machine counted will be

counted manually during this period.

June 27 Return of Replacement Ballots — 6 p.m. Deadline.
June 28 Ballots to be counted. Candidates to be notified by telegram
by June 29th
June 29 Official Results to be Announced
July 9 End of Protest (10 days after official results are announced. )
Page 2 THE PUBLIC SECTOR, Wednesday, November 29, 1978

Public employees’ wages and salaries have barely kept up with the
cost of living from 1974 through 1977. Also during the same period, public
employees’ wages and salaries increased at a lower rate than private
sector employees.

From 1974 through 1977, consumer prices increased 22.9 percent while
public employee wages and salaries nationally increased 22.1 percent and
private sector wages and salaries increased 23.5 percent.

A comparison of 1977 earnings in the chart below shows where public
employees are on the economic pecking order.
Profession
¢ State and Local Government...............::cc:ccee
* State and Local Government

Earnings
Aianseuee $12,230

(non education) - $11,721

e Manufacturing - $13,892
© Construction... . $14,664
¢ Durable Goods Manufacturing . $14,766
« Transportation........... . $15,999
* Electric and Gas Utilities $16,743
* Communications $16,684
« Mining . $17,352
$19,811

———Calenda
of EVENTS

NOVEMBER
29 — Long Island Region 1 Special elections seminar; 5-11 p.m., site to be an-
nounced
30 — Anti-J. P. Stevens rally, 1 p.m., Meeting Room 6, Nelson A. Rockefeller Plaza,
Albany. Everyone welcome.
30 — Anti-J.P. Stevens rally, 4 p.m., J. P. Stevens Tower, 47th Street and 6th
Avenue, New York City.
DECEMBER
2 — Stateside Non-Teaching School Employees’ Committee Meeting for Jefferson,
St. Lawrence, Oswego county school unit representatives; 9 a.m.-1 p.m., Holi-
day Inn, Watertown.
2 —OGS local 660 — Executive committee meeting, 11 a.m., General
membership meeting, 1 p.m. Miller Hose Fire Company, Clinton Heights.

2 — Annual Christmas party, SUNY Morrisville Local 609, 6:30 p.m., Nelson Inn,
Nelson, N.Y

6 — Annual Christmas luncheon, Capital District Retirees Local 999, noon,
Thruway House, Washington Avenue, Albany.

8 — Christmas party, Marcy CSEA Local 414, Roseland, New York Mills
Cocktails, 7-8 p.m.

8 — Cortland County Unit of Local 812 Christmas Party, 6:30 p.m., San Rocco
Lodge, Pomeroy Street, Cortland,

15 — Central Barge Canal Local 503 Fall Meeting and Dinner, 3 p.m., Polish
Falcons, 75 Pulaski Street, Auburn.

16 — Local 635 SUCO Oneonta Christmas Party, 6:30 p.m., Hunt Union Ballroom,

SUCO Campus.

As an attempt to provide a broad range of services to its membership, The Civil Ser-
vice Employees Association will run a bi-weekly column to be known as the “Insurance
Advisor.” The purpose of this column will be to make all our members aware of the
benefits available to them and to anwer as many questions as possible concerning the

provision of these benefits. We encourage

you to submit your inquiries directly to The

Civil Service Employees Association, c/o Michael Carroll, 33 Elk Street, Albany, New
York 12224, We pledge to answer these questions as quickly as possible.

One of the most important
provisions contained in the CSEA
sponsored life insurance plans and
the disability income plan is the
waiver of premium guarantee.
This guarantee is an integral part
of any insurance offering since it
protects you most when you need
the protection most — when you
are disabled and can’t work.
Yearly, hundreds of insured
members, unfortunately, must
take advantage of this benefit.

Very simply, a waiver of
premium provision waives the
payment of premiums after an in-
sured has been totally disabled for
a specific period of time. Premium
payments are waived for the
duration of the disability. Waiver
of premium provisions vary from
plan to plan but are summarized
below for the CSEA sponsored in-
surance programs.

BASIC GROUP LIFE

If the insured member has
become totally disabled by injury
or disease prior to attaining age 60
so as to be prevented from engag-
ing in any occupation or
employment for a period of at least
nine (9) months, the member is
eligible to apply for waiver of
premium. The Travelers Insurance
Company must be furnished
appropriate proof of the totally dis-
abling injury or disease within a

one (1) year period following the
disability. Upon determining that
the insured is totally and per-
manently disabled, the Company
will continue the insurance
coverage during the continuance of
such disability, without payment of
premium for a period of one (1)
year. Moreover, any premium
payments made subsequent to
three (3) months from the date of
disability, are refundable. Each
succeeding year, thereafter, the
Company will request proof of the
continuance of the disability and
upon receipt of the proof shall con-
tinue the coverage without
payment of premium.

Further information regarding
waiver of premium for the Basic
Group Life Plan can be obtained
from CSEA Headquarters, In-
surance Department, 33 Elk Street,
Albany, New York 12224.
SUPPLEMENTAL LIFE PLAN

The waiver of premium provision
contained in the Supplemental Life
Plan underwritten by Mutual of
New York is substantially the same
as the Basic Group Plan, There
are, however, three major distinc-
tions. (1) The insured must pay the
hecessary premiums for the first
nine (9) months of the total dis-
ability; (2) If the insured has
spouse and child coverage, in ad-
dition to his/her coverage,

insurance
advisor

premiums are waived for all
coverages, and (3) The waiver of
premium terminates at age 70.

Further information regarding
waiver of premium on the
Supplemental Life Plan can be ob-
tained from Ter Bush and Powell,
Inc., P.O. Box -956, Schenectady,
New York 12301, attention Willis H
Griffith.
DISABILITY INCOME

The waiver of premium provision
in the Disability Income Plan is
distinctly different from the
waiver provision in the life plans
After an insured has collected
benefits under this plan for a
period of six (6) months, premium
payments are waived for the
remainder of the period of the dis-
ability, up to the benefit period
limit. In cases of on the job dis-
abilities, the benefit period is one.
(1) year. In cases of off the job dis-
abilities, the benefit period is
lifetime. The waiver of premium
will continue the insurance
coverage in force in the same
manner as if premiums had been
paid when due

Further information regarding
waiver of premium on the
Disability Income Plan can be ob-
tained from Ter Bush and Powell,
Inc., P.O. Box 956, Schenectady,
New York 12201, attention Willis H.
Griffith.

CSEA asks recount in state police vote

ALBANY — The Civil Service
Employees Assn. has asked for a for-
mal recount of ballots in one of two
State Police personnel representation
elections decided November 17.
Although CSEA had not officially
protested the results as of press time,
a spokesman for the union said one
election was very close and should be
recounted.

CSEA had challenged the Police
Benevolent Association (PBA) for
representation rights to State Police
personnel in two of three new
bargaining units recently created by
the Public Employment Relations
Board. In Unit B, which contains BCI
investigators and senior in-
vestigators, CSEA received 246 votes
to 273 for PBA. CSEA has asked

PERB for a formal recount due to the
relative closeness of the results. In
Unit C, which includes sergeants and
officers, PBA outpolled CSEA 330-145.

CSEA was not involved in the
election in Unit A, uniformed
troopers, where PBA received 1,024
votes to 740 for AFSCME Local
1908.

=

Four seek
board seat

ALBANY — The name of John
Casey has been added to those of
three other members seeking

the union’s vacant Board of Directors
seat representing the Judicial
Department

The other candidates are Nancy
Roark of Elmira, N.Y.; Francis
Griffin of Hicksville, N.Y.; and Julia
M. Filippone of Glenmont, N.Y. Mr
Casey is from New York City
Ballots were mailed out to CSEA
Judicial Department members on
Nov. 20 and will be counted on Dec:
12, 1978, by the union's Statewide
Special Election Procedures Com-
mittee at CSEA headquarters in
Albany.

The election is to fill the vacancy
left by the resignation of Ethel Ross
The term of office will run through
June 30, 1979.

New contract
in Smithtown

SMITHTOWN — The Smithtown
Town unit, first of the town units in
Suffolk County CSEA Local 852 to
reach a contract settlement,
overwhelmingly ratified a two-year
contract recently that gives
employees a graded pay schedule
which will standardize salaries for
the town’s 500 workers

As part of the settlement, the town
employees became the first workers
outside the county government to join
the Suffolk County-CSEA Welfare
Fund.

The new contract includes pay in-
creases of 7 per cent in the first year
and 5.5 per cent in the second year
with increments. The full package of
salary increases and benefits is es-
timated to cost the town government
approximately $350,000.

The settlement of the contract was
announced by Al Stein, president of
the Smithtown CSEA unit and first
vice president of Suffolk Local 852.

The wage-salary stabilization plan
was a long sought goal of the CSEA
Under the terms of the contract, the
town will pay contributions for
membership for Smithtown
employees in the welfare fund. The
contract also provides for a personal
leave day for all employees. Other
highlights include: guidelines for
promotion through the ranks, with
priority given to current employees
over hiring from outside; and on-the-
job training to give employees the op-
portunity to qualify for higher
positions.

The settlement was negotiated by
Fieldman John Cuneo and the
Negotiating Committee that included
Bob Lyons, Jim McCarthy, Tom
Spufera, Jr., George Ludder, Joan
DiBernardo, John Stein, Herb Carlton
and James Murray.

INTENSITY OF BALLOT COUNTING is
reflected in these representatives from
CSEA, PBA, PERB and the State as votes
for representatives for State Police per-
sonnel are being tallied, Second from
right, standing, is Cs Collective
Bargaining § John Naughter, who
played an active role in the election,

THE PUBLIC SECTOR, Wednesday, November 29, 1978

‘age 3

solution.

wrong tea leaves

which

municipalities,

parties, but that

in our
Opinion

There are those who say that
unionism is declining in this country,
that the social and economic
deprivations of the working lower
and middle class population today
are somehow different than in past
decades when the labor movement
was more closely identified as a

It may well be that conditions to-
day are more complex, that unions
cannot provide solutions to many,

If you think California has
weathered the Proposition 13
storm, you've been reading the

While the cutbacks in personnel
and services have not been massive
due to a state $5 billion bail out of
depleted
the huge state surplus, there is no
guarantee the State of California

Negotiation blackout leak opposed

Two weeks ago, this publication
editorially supported continuation
of the traditional news blackout
during negotiations. Our stance
applies to bargaining between any
particular

even perhaps most, of the
problems confronting the working
class. Membership in labor unions,
particularly private industry
unions, is declining. But the death
knell of unionism most likely will
never toll, for so long as there are
people who work for others, people
will be exploited and must depend
on the collective protection found
in unionism.

A classic example exists in the

will continue to have a surplus to
maintain the bail out.

However, that is not the only
problem which lies ahead for
California municipalities. Prop-
osition 13 has a built-in time
bomb, which is set to go off
sometime during the next few
years.

The infamous proposition allows

editorial referred specifically to
the just-begun contract talks
between CSEA and the State of
New York on behalf of more than
100,000 state workers.

Now the worst has happened. A
political writer for an Albany-area
newspaper recently released what
he reported to be virtually the en-
tire package of demands by CSEA.
If it was, in fact, the union

Directory of Regional Offices

REGION 1 — Long
Region

(516) 691-1170

Irving Flaumenbaum, President

Ed Cleary, Regional Director

REGION 2 — Metro Region
(212) 962-3090
Solomon Bendet, President

George Bispham, Regional Director

REGION 3 — Southern Region
(914) 896-8180

James Lennon, President

Thomas Luposello, Regional Direc-

tor

geublic R
Official publication of

The Civil Service
Employees Association

33 Elk Street,
Albany, New York 12224
a 4

Island REGION 4 — Capital Region

(518) 489-5424
Joseph McDermott, President
John Corcoran, Regional Director

REGION 5 — Central Region
(315) 422-2319

James Moore, President

Frank Martello, Regional Director

REGION 6 — Western Region
(716) 634-3540

Robert Lattimer, President

Lee Frank, Regional Director

Join a rally against J. P. Stevens

drive by the Amalgamated
Clothing and Textile Workers
Union (ACTWU) to unionize the
J.P. Stevens Company workers. J.P.
Stevens is a throw-back to the type
of company which spawned the
need for the growth of labor unions
to bring dignity and self-respect to
the working class.

If unions are weaker today, it is
partially because many have gone
their own ways for special in-
terests and reasons. But the

property taxes to increase no more
than two percent a year.

If for the next five years inflation
averages 8 percent a year, what
costs $100 today would cost $140.
During that same five year period,
property taxes could only increase
10 percent, or the municipality
would only have $110 to pay for the
$140 servic

The ability of the municipalities

package, that means that someone
in a responsible position ignored
the mutually agreed upon blackout
and slipped the package to the
reporter. Such a violation of trust
and of the agreement is inex-
cusable.

But we note that CSEA President
Bill McGowan has refused to dis-
cuss the newspaper article, or to
acknowledge whether the intor-
mation was or was not accurate.

Stevens situation is one in which
every union can rally around,
regardless of their specialization.
And when unions today do find
common ground to defend, the
power can be awesome and effec-
tive. A series of nationwide rallies
on November 30 on behalf of J. P.
Stevens workers should prove that
unionism is still alive and well, and
flourishing in America. Participate
in a rally near you on November 30.
(R.A.C.)

Frozen time bomb set to explode

to remedy this situation is un-
available because another part of
Proposition 13 requires a two-
thirds vote of the state legislature
to remove the two-percent limit or
any other part of the proposition
The lesson is clear from the
California experience. Property
taxes cannot be frozen at any level
and still be able to meet in-
flationary increases. (G.A.)

Instead he has reiterated the
union’s support of the blackout policy
and has directed union personnel to
abide by its restriction on releasing
premature bargaining information.
We commend that action by
President McGowan.

At the same time, we hope steps
are being taken to ferret out the
“leak’’ so that future detrimental
articles can be avoided. (R.A.C.)

iy
“WHO GOES FIRST.”

ne =< a db
“WHAT?” "NO, WHO!

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, November 29,1978.

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

Second Class Postage paid at Post Of-
fice, 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°

INCOME TAX
AGRICULTURE & MARKETS

SALES TAX BUREAU

DOT technician
has a ‘hot’ idea

By Tim Spofford

Special ts ‘‘The Public Sector”

A new ice-defrosting road
pavement invented for some of
Europe’s slipperiest roads and
bridges is now being tested for New
York’s highways, thanks to Jerry
Smith, a technician in the State
Department of Transportation
(DOT).

Smith’s idea that the European
f

discovery could save lives and tax
dollars in this state has led to a
three-lane, 1,000-foot stretch of
iceless pavement recently con-
structed on the State Campus in
Albany. And as the snow falls this
winter, transportation officials
from New Jersey, Connecticut,
New Hampshire and the Federal
Highway Administration will
monitor the test site to see if
iceless pavement can do over here
» what it has done for about 40 of
" Europe’s iciest roadways.
| An avid reader of Popular
i Mechanics and other technical
| magazines, Smith first read about
| verglimit, an iceless defrosting
asphalt additive, about four years
ago in a magazine for engineers, ‘I
let it ride back then, but I did note
where the article came from,”
Smith said. ‘‘I. considered it a
potential project.”

But a year later, Smith read
| another small article on verglimit
— this one in Parade magazine —
and then he decided to do
something about it. ‘I figured this
was twice I saw something on it, so
I said to myself, ‘Hey, there might
really be something to this stuff.’ ””

Smith called the publisher of the
engineering magazine to get the
name and address of Plastiroute,
the Geneva, Switzerland-based
firm holding the verglimit patent.
And before long, he received a
stack of verglimit brochures in the
mail.

“Well, after that I drummed up
as much support for it in our
bureau as I could,” Smith said,
“And when we presented our ideas
to Bill Burnett, the Director of
Engineering Research and
Development, he said that with the
financial curtailments back then in
‘75 it was impossible to take on a
new project.

“T still talked it up to other peo-
ple in other bureaus through

|
i
i
i
|
i
|
f
J

iLO ol RA NORE RRP ARAM SORE ANE MON IP UO AOMORI AM.

general conversations during
coffee breaks,” he said. ‘In other
words, I tried to keep the idea
alive, and eventually some people
got interested in it.”

In late 1976 when the state’s
budget problems were not so
severe, word came down from the
top to find out more about
verglimit, Smith said. And soon
afterward, representatives from
two European firms working with
verglimit traveled to Albany to see
Smith and his boss, Bob Nittinger,
an assistant civil engineer now
heading DOT's iceless pavement
project.

Nittinger later went to Europe
for a first-hand look at verglimit-
paved highways on the continent,
and by last spring, the state had
bought enough verglimit to pave
the Albany test site.

“We have just one section now,
and if it works out we may get two
more in appropriate areas if we
can get the funding,’ Smith said.
“But it may take five or more
years to use it throughout the state.
The state won’t just put it in, it'll
probably wait until a road really
needs paving, and then do it.”’

Verglimit consists primarily of
tiny calcium chloride flakes, and
according to a DOT report, as cars
pass over the road surface, the
flakes break down, forming an
anti-freeze solution that prevents
icing. Smith says it won't melt all
the snow that falls on a road — only
the first two or three inches during
a storm — but since it prevents ice
from forming underneath heavy
snow, snowplowing is much easier.

Smith said verglimit saves lives,

STATE DEPARTMENT OF TRANS-
PORTATION Technician Jerry Smith
stands off to the side of a 1,000-foot
iceless road test area on the State Cam-
pus in Albany, near Building 8.
Observers from around the country are
watching this small stretch of highway
also to see if a product Smith pushed
for will work to help keep highways
relatively ice-free.

but because it’s expensive, the
state would only use it on ice-
trapped roadways — roads and
bridges that tend to ice over more
quickly than other highways. “It
won't give you bare pavement,’ he
said. “You don’t want that because
you want to keep uniform con-
ditions on the road, to keep the
same sort of driving.”

What's in it for the taxpayer?

In New York, snowplow and
sanding crews are paid to make
special runs to service hazardous
ice-trapped roadways, Smith said.
But with verglimit on these roads,
special crews would no longer be
needed

When asked if he submitted the
verglimit idea to win a monetary
award, Smith said no, that he never
even submitted a formal
suggestion, but that he would like
to see his idea used to save lives
and tax dollars. ‘‘We all like to
have some sort of reward — and
it’s hard to feel that working in a
bureau sometimes — maybe that’s
why I'd like to see my idea become
a reality someday,” he said

“You know, one night when I was
watching the '76 Olympics on T.V.,
ABC did a short, 30-second segment
on the Brenner Highway near
Innsbruck. And when they talked
about verglimit on that highway, I
said to myself: ‘Oh h yeah — I
know all about that.’

A BIRD’S EYE VIEW of the 1,000-fcot, 3-lane road test site in front of Building 8

on the State Campus in Albany.

Photos by Gary Richards

~ Te SESS

Impasse at
waterfront

NEW YORK CITY — Negotiations
to obtain the first-ever contract for
employees of the Waterfront Com-
mission of New York Harbor have hit
a snag, and the president of Civil Ser-
vice Employees Assn. Local 066,
James Harrison, has angrily declared
an impas:

Mr. Harrison says the Commission
is refusing to bargain on a number of
key issues, and he has asked the
chairman of the waterfront com-
mission employment relations panel
to appoint a mediator

Both Mr. Harrison and CSEA Field
Representative Bart Brier charge the
Commission has refused to discuss
wages and grievance and/or dis-
ciplinary procedures. Both said a
review of the Waterfront Commission
budget shows substantial surpluses,
including money set aside for
employee cost-of-living increases, but
that the Commission has thus far
refused to discuss wages at the
bargaining table

New law for
civil service

WASHINGTON — President Carter
recently signed a federal Civil Service
reform bill which establishes more
stringent job performance standards
in federal service

Mr. Carter said the legislation
the first major change in the
1 Service tem in nearly 100
years and it changes Civil Service
rules and regulations in a construc-
tive and carefully considered fashion
The President feels that the reform
puts incentive and rewards back into
the federal system. Federal
employees can now be encouraged,
discharged or transferred for the
right reasons, if they cannot or will
not perform, It prevents discouraging
them or punishing them for the wrong
reasons.

Under the new law, stringent new
job performance standards will be es-
tablished, It will be easier for of-
ficials to dismiss workers who are in-
competent or non-productive. It
removes automatic longevity pay
raises for about 72,000 managers and
supervisors in grades 13, 14 and 15
Within-grade pay raises for these
workers will depend on their perfor-
mance rather than on their longevity

Long awaited goal of federal
employee unions is also incorporated
in that labor/management relations
are now based on law, rather than on
a Presidential executive order.
Federal workers were first granted
collective bargaining rights under an
executive order signed by Presid
Kennedy in 1962.

Under the reform, the number of
executive branch employees at the
end of fiscal 1981 is limited to the
number employed as of September 30,
1977. Other provisions also (1) limits
the pay of military retirees who enter
Civil Service, (2) establishes a set of
merit, promotion and appointment
principles, and (3) eliminates
veterans preference for military
retirees of field rank or above, as well
as for members of the Senior Ex-
ecutive Service.

THE PUBLIG ‘SECTOR, Wednesday,-November 29, 1978

PECIAL OLYMPICS

Kodak Flim for your Camera - plus prints or slides
AT LOW SPECIAL OLYMPICS PRICES.

Now you can have photographs of

help support the 1979 International

Special Olympic Games all at the same
) time.
||  CSEA has endorsed Special Olympics,
fan international program of physical
|) fitness, sports training and athletic com-
» petition for mentally retarded children
and adults. In August, 3,500 special
athletes from 50 states and 35 nations
will meet for the Fifth Annual Summer
Special Olympics at the State University
of New York at Brockport. We're asking
© you to help CSEA support this great pro-
ject. Every roll of film you buy through

the Film for Special Oly lympics Program
will help finance this worthwhile
event.

By sending in your order with the
appropriate amount from the ordering
chart, you'll be helping yourself save
| your precious holiday memories, and
» you'll be helping sponsor the Special
Olympics. All film is fresh dated Kodak
color film. Prints will be mailed directly to
you on a large, borderless professional
silk textured print paper. Processing is
performed by a quality photo-finisher.
| Film and processing are guaranteed — If
» film is lost or damaged, the processor will
> replace it with an equivalent amount of
unexposed film and a pre-paid process-
ing mailer.

Send in your order today to: Film for
Special Olympics, P.O. Box 8711,
Rochester, N.Y. 14624.

your holiday season, save money, and Kodak film with pre-paid Special Olympics processing | °°" ounce
Piles
Color Prints an He —,
1 110-12 catzocwmneanae SD 97-11 | $4.49
Kodacolor | ™cessin9 os
> ) Color Prints Fits all pocket Instamatic \ $ $
110-20 cameras. 20 prints with . 10.16 | $6.15
mms | Kodacolorih "9 la [
ae Color Prints Fits all Instamatic
3 126-12 ences prints with $7.11 $4.49
Kodacolor Il
Color Prints
Y Malesia Ba al $10.16| $6.15
be Kodacolor Il
ee Color Prints Fits all 35mm cameras.
a Se si22r| sees
Color Slides
G i nee $5.90 | $4.69
‘odachrome
ey Movies (color)
| Super 6mm ee $7.85 $5.79
‘50 feet.

*

*

CIVIL SERVICE EMPLOYEES ASSOCIATION

Kodachrome 40

ORDER FORM (please print)

| |
| Kind of Film No. of Rolls. Total Price*$. I

|
| Name ‘
1 Make Checks payable to: t

Film for Special Olympics

H pode P.O. Box 8711 |
| City ee TIP. Rochester, New York 14624 |
1 ‘no sales tax required 1
Ii —— -- — — - — - - - - - - - -- - - =

Page 6

THE PUBLIC SECTOR, Wednesday, November 29, 1978

From Seattle to Miami...
from Hawaii to Montreal. . .
People are standing up
FOR human rights. . .as

J.P. Stevens workers stand up

me

TO the No. 1 la

bor law violator

CSEA gives its support
to J.P. Stevens employees

in their fight for dignity

eg

opposes
Stevens

The Civil Service Employees
Assn., the largest public
employee labor union in New
York State, has actively lent its
support to a worldwide boycott
of J. P. Stevens Company
products and will help draw
attention to the boycott as a
leading participant in a series
of rallies scheduled for Thurs-
day, November 30.

November 30 has been
designated as ‘Justice for J. P
Stevens Workers Day”
throughout North America and
will be marked by hundreds of
rallies. CSEA has helped plan
and will participate in at least a
half dozen major rallies across
New York State that day

The AFL-CIO calls J. P.
Stevens Company the number
one labor law violator because
of the textile giant's long
standing policy of anti-worker,
anti-union activities.

CSEA urges its 260,000
members throughout New York
State to boycott J. P. Stevens
products. listed elsewhere on
this page, and to actively par-
ticipate in rallies scheduled in
their area November 30. In all
cases, the rallies are being co-
sponsored by AFL-CIO. labor
unions and in many cases also
by non-labor union
organizations interested in
promoting social justice and
basic human rights for oppress-
ed Stevens’ employees.

CSEA in six anti-Stevens rallies

The Civil Service Employees Assn. is co-sponsoring or will actively
participate in anti-J.P. Stevens. Company rallies on November 30 in
Albany, Syracuse, Buffalo, New York City, Rochester and Tarrytown

Additional rallies or other activities to demonstrate union support on
“Justice for J.P. Stevens Workers Day’ may be scheduled on November
30 throughout the state. CS9EA members are encouraged to contact their
CSEA regional headquarters for information

Union fights J.P. Stevens
on many New York fronts

BOYCOTT THESE J.P. STEVENS PRODUCTS

SHEETS & PILLOWCASES

Utica
Tastemaker
Fine Arts
Meadowbrook

Dasigner labels:
Yves St. Laurent
Suzanne Pleshette
Dinah Shore
Angelo Donghia

Cacharel

Ava Bergmann
Hardy Amies

TOWELS

Tastemaker

Utica/Fine Arts

Snoopy (comic strip character)

BLANKETS, CARPETS
Utica

Gulistan

Forstmann

Albany — The Civil Service Employees Assn. is stepping up its ef-
forts in the anti-J.P. Stevens campaign by co-sponsoring and par-
ticipatiiig in a series of rallies November 30, but that effort was preced-
ed by a couple of very notable demonstrations by EA before that

Several months ago CSEA delegates adopted a resolution demanding
that the state comptroller sell any shares in J.P. Stevens held by the state
employees retirement system. Shortly after that, the state comptroller
did liquidate all holdings in the company.

Just last month, at CSEA's 68th Annual Meeting at the Concord Hotel
at Kiamesha Lake, delegates noticed that table linen in the convention
meeting area was manufactured by J.P. Stevens. They proceeded to strip
all tables of the offending linen and conducted subsequent business
meetings on wooden tables without linen

The Civil Service Employees Assn. urges its 260,000 members to par-
ticipate, if possible. in a November 30 rally in their area. and to join the

worldwide boycott of J.P.

economic pressure to end

e J.P.
e J.P.
eo J.P.
e J.P.

THE PUBLIC SECTOR,

Stevens’
Stevens’
Stevens’

Wednesday, November 29, 1978

Stevens products as a means to bring

Stevens’ lawlessness
exploitation
discrimination
runaway shops

Page 7

Page 8

ae aed

SEAR HORN

Coalition asks better clerical advancement

ALBANY — A recently-formed
coalition has called upon the State
of New York to expand and
strengthen advancement oppor-
tunities for the state’s 33,000
clerical employees through
negotiations and other actions.

The new Coalition for Career
Mobility includes the State Civil
Service Employees Association
(CSEA), Women in State
Government (WISG), agency

j Women’s Advisors, the New York
/ State Coalition of People with
| Disabilities, Wheels to
Independence and the Center for
Women in Government.

“This coalition of diverse groups
was formed because we believe
that the serious problem of dead-
end clerical jobs in the state must
be addressed,’’ stressed coalition
spokeswoman Linda Tarr-Whelan,
administrative director of the
| State Labor Department and board

NEW YORK STATE ELIGIBLE LIST

St. Computer Systems Analyst
(Open Comp. Exam No. 24655)
Test Held June 24, 1978

1, Schoppman, H. J., Speonk ......+s0s.sss0011++ 96.0
2, Stacy, Gerald T., Troy... es

3. Gifford, Roger D., Albany

4, Abbott, Robert C., Williamsvill 91.0
G enore, Schenectady 91.0
6.

7.

8.

9. Hemmings, W. :
10. Murray, Celia A., Castleton.
11. Dzembo, Stephen, Clifton Park
12. Greenstein, S. C., Glenmont ....
13. Zalin, Stephen J., Brooklyn

Inman, Gerald, Albany ..

ri, Robert W., Troy...
22. Stross, Sheil D., Loudenville ....
23. Burke, Thoms F., Troy

24, Herman, Michael, Brooklyn.
25. Hatela, Michael, Alba
26, Smith, Suzanne W., Gi
27. Luccese, Ligia, Yonkers
Joseph F., Del

30. Colwell, Raymond, Horseheads .. a
31. Dicaprio, Ralph, Niverville.. Gise02B.0)
32. Lamboy, E, L., Brockport .

33. Bradley, Edward, Albany........ -
34, Gimblet, John J., N.Y.C Aen Queens iA)

AFSCME

WASHINGTON — The AFSCME,
Department of Public Policy
Analysis recently compiled reports
on current economic issues.
Highlights of those reports follow.

¢ The actions of the Carter ad-
ministration to stop the decline of
the dollar on foreign money ex-
changes and the new anti-inflation
program probably will cause a
recession in 1979. Higher un-
employment and slower economic
growth in 1979 are expected.

* President Carter’s voluntary
wage and price control program is
opposed by the AFL-CIO. The
program lacks safeguards on price
controls and seeks to control earn-
ed income but avoids dividend and
interest income. The proposal for
tax rebates needs congressional
approval, and there is no indication

president of the Center for Women
in Government.

“Only a fraction of the state's
clerical employees have an oppor-
tunity to advance to professional
positions — no matter their talent,

“OSEA has presented its in-
itial contract demands to the
State of New York to official-
ly begin the long process of
negotiation for new contracts
covering most state
employees, including clerical
employees. CSEA has long
been concerned with career
advancement for women in
our bargaining units as well
as in state government in
general. It is our position that
the most effective method for
improving career ad-
vancement lies with the

education or experience,” Tarr-
Whelan said. ‘‘Women in state
government perform ad-
ministrative work without the
appropriate pay or recognition,””
she continued.

process of collective
negotiations,

“While a mutual agreement
between CSEA and the State
precludes both from discuss-
ing details of our demands,
you can be assured that we
have set a high priority on im-
provements in career ad-
vancements for women. We
appreciate the support of the
coalition.”

Irene Carr, CSEA

statewide secretary and

chairperson of CSEA’s

Women’s Committee.

The situation also impairs the
overall productivity of the State
work force, since many employees
are not able to realize and serve
with their full potential, Tarr-
Whelan said

In addition, ‘‘more professional
transition opportunities will create
more mobility for women now
locked into the lowest paying
clerical positions. More than 18,000
of the state’s clerical workers now
make between $6,000 and $9,000 a
year,’’ she said.

The problem is not limited to
state government, but New York
State can provide national
leadership in solving it, Tarr-
Whelan said. She cited a recent
Congressional task force report
stating that at the federal level,
women occupy 76 percent of the
four lowest paying job categories
and less than three percent of the
highest paying jobs.

Westchester layoff decision due

WHITE PLAINS — The
Westchester County Board of
Legislators is expected to decide by
today on the fate of more than 200
Westchester County employees,
whose jobs are in jeopardy because of
reductions in County Executive
Alfred DelBello’s proposed 1979
budget.

CSEA is opposing the cuts with
demonstrations and thoughtful budget
analysis. There also is the possibility
of job actions.

The proposed budget calls for the
elimination of 581 jobs, including 192
presently filled positions by layoff on
Jan. 1, 1979.

Additional layoffs would follow
later in the year in that each
department would be required to cut
personnel and/or services to compen-
sate for only one half of a $4.7 million
pay raise being funded in the proposed
budget.

The Westchester County Unit of

whether such approval will be
forthcoming.

¢ The budget cuts proposed by
President Carter would cripple
most domestic programs and
probably would have a disastrous
effect on federal funds going to
state and local governments.

Congress failed to pass the
Kemp-Roth tax cut bill but it also
failed to pass a hospital cost con-
trol bill.

The failure of Congress to pass
a counter cyclical aid bill means
some areas with high un-
employment rates will be forced to
make unexpected budget cuts.

¢ The proposed reduction in the
federal budget deficit for next year
would lead to an economic slow-
down.

¢ The tax cut law signed by
President Carter constitutes a ma-

“THE PUBLIC SECTOR, Wednesday, November 29, 1978

CSEA Local 860 had accepted an

approximate 10.5 percent increase
over three years earlier this year.
Unit President Raymond J. O'Connor
said the small raise was accepted
because of a verbal understanding
there would be no large-scale layoffs.

He said DelBello later said the un-
derstanding was just for 1978.

The Budget Subcommittee of the
Board of Legislators has been holding
hearings on the proposed budget and
has until the end of the month to make
additions to it.

The unit has been engaged in a com-
paign to have the positions restored.
O'Connor and other CSEA represen-
tatives have been speaking at the
hearings and other CSEA members
have been picketing outside the
hearings.

It was expected the unit would
propose other cuts from the budget.
The 192 layoffs would save the budget.

$1.5 million.

reports on economic issues

jor shift in emphasis away from ef-
forts to use the tax code to
redistribute income and promote
equality. However, Carter had no
real choice but to sign the bill
because without the tax reduction,
the downturn in 1979 would be more
severe. Most of the tax cut benefits
will go to those earning more than
$50,000 a year.

* Unemployment statistics are
misleading. While the national
average is around six percent,
many major cities have rates much
higher, including Buffalo, 11
percent; and New York City, 8.9
percent.

¢ Municipalities heavily
dependent on CETA funds face
problems in that CETA slots can no
longer be permanent long-term
jobs.

The proposed budget is being
analyzed at CSEA headquarters in
Albany and at AFSCME headquarters
in Washington, D.C.; to find the real
budget fat.

The hearings were held in New
Rochelle, Noy. 20; North Tarrytown,
Nov. 21; Yonkers, Nov. 27; and
Yorktown, Nov. 22.

Depending on the success of the unit
in the hearings, it is possible that job
actions could occur.

The proposed $420 million budget in-
cludes a three percent decrease in
taxes, which would save approx-
imately $1.8 million.

The unit represents approximately
6,000 county workers.

Tompkins Co.

PERB hearing
set for Dec. 12

ITHACA — The Tompkins County
Unit of CSEA Local 855 has been of-
ficially notified by Harvey Milowe,
Director of Public Employment Prac-
tices and Representation for PERB,
that a hearing date has been set for
the Improper Practice Charge
against the County of Tompkins. Mr
Milowe has scheduled the pre-hearing
conference for 12:30 p.m., November
30, 1978, and the formal hearing for
9:30 a.m., December 12, 1978, in
Syracuse.

The IP charge alleges that on four
separate occasions during September
and October of 1978, spokespersons
for the County of Tompkins violated
mutually agreed upon ground rules
governing the release of information
to news media during the time period
collective bargaining was underway.

Thomas Rieley, Regional Attorney,
and George Sinko, CSEA Field
Representative, processed the IP
charge at the request of the unit and
John Wyrough, Chairman of the
Tompkins County Unit Negotiating
Committee

75 attend

workshop
in Oswego

By Robert Ward

Special to ‘“‘The Public Sector”
OSWEGO — Affiliation, Civil
Service law and the federal
governments’s CETA program
were the topics of the Civil Service
Employees Assn. Central Region
county division workshop held here
on Noy. 17-18

About 75 representatives from
the Central Region's 20 counties
were on hand to hear featured
speakers Irving Flaumenbaum,
CSEA Region I President and
AFSCME International Vice
President; Robert Lattimer,
Region 6 President; CSEA At-
torney Michael Smith; and CSEA
consultant Joseph Watkins.
Flaumenbaum opened up the
two-day conference with a talk on
the recent CSEA affiliation with
the American Federation of State,

County and Municipal Employees

union (AFSCME)

Noting CSEA is the largest local
within” AFSCME, Flaumenbaum
promised the county represen-
tatives CSEA would remain
autonomous. He pointed out the
present CSEA-AFSCME pact is
only for three years and after that
period CSEA can, if it wishes, end
the affiliation.

The Region I president, however,
remained optimistic. He explained
the affiliation gives CSEA more ex-
tensive, legal, research, lobbying
and communication services. He
said the affiliation will also cut
down on “raids’’ on CSEA locals.

Region 6 president Robert Lat-
timer, locked horns with Oswego
County, CETA director, Carolyn
Rush, in a debate entitled “CETA
— Putting it in Perspective.”

Claiming he was taking a
“realistic’’ instead of cynical view
of CETA, Lattimer called on CSEA
members to monitor the program.

He said CSEA is not opposed to
CETA_as-a concept but rather to
abuses in the program. Lattimer
explained CSEA employees are
often phased out of jobs only to be
replaced by CETA employees
several months later. He also
claimed CETA money is often used
to bust unions or for local political
patronage jobs.

JEFFERSON COUNTY LOCAL 823
delegates to the workshop included
Stephen Dick, Beth Clemons and Pat
Wilder.

WORKSHOP CHAIRMAN FRANCIS
MIL center, discusses the program
with two of the people conducting
sessions, CSEA consultant Joseph
Watkins, left, and CSEA Region 1
President Irving Flaumenbaum, who is
also an AFSCME International Vice
President.

Report on California’s Proposition 13

The effects of Proposition 13 in
California are being felt by public
employees and are reducing local
government services.

However, the worst is yet to come.

When California voters in June 1978
cut property taxes by 60 percent, the
State government was able to partial-
ly bail out municipalities with a $5
billion allocation from surplus
However:

* Local governments have had to
reduce their budgets by 10 per cent.

¢ By the end of August, 22,000 local
government employees had lost their

jobs. The unemployment rate in
California rose sharply.
* Contractual cost-of-living in-

creases were voided. (Legal
challenges are pending. ).
* Major education, hospital and

construction projects and programs,
totaling hundreds of millions of
dollars, were halted or cut back.
Next year has the potential to make
this year’s reductions look small.
There is no guarantee the State sur-
plus will be large enough to provide a
major bail out for the municipalities
Also the courts may reinstate the con-
tractual cost-of-living raises,

An often overlooked part of
Proposition 13 may be the biggest
problem. Property taxes are only
allowed to increase two percent a
year, while the inflation rate is
approximately nine percent.

Unless the State comes up with ad-
ditional funding (and the taxes to
finance the funding), the level of ex-
isting local services will be in
perpetual deterioration.

Another area of lost financing is in
the area of matching federal funds,
where reduced local funds means
reduced federal money.

OSWEGO (
DIRECTOR
workshop cl
Miller, and
President fF
are shown ju
discussion on
the workshoy

NTY CETA
arolyn Rush,
rman Francis
EA. Region 6
vert Lattimer
yefore a panel
ETA as part of
ogram

ONEIDA COUNTY LOCAL
833 representatives Dorothy
Penner and Shirley Jones were
among the 7) county reps
attending the two-day
workshop.

Stutterers panel
set for Dec. 8-10

ALBANY — The Capital
District council of Stutterers, in
conjunction with the com-
munication disorders
Department of The College of
St. Rose, will hold its 5th annual
weekend workshop December 8-
10 at The College of St. Rose,
Albany. Interested persons may
contact Sister Charlee Bloom at
the college, (518) 471-5176 or 471-
SILL.

THE PUBLIC SECTOR, Wednesday, November 29, 1978

Page 9

Sick leave questions

Sections 41 (j) and 341 (j) of the
Retirement and Social Security Law
authorizes a certain amount of unused
sick leave to be applied as additional
service credit upon retirement. This:
privilege is available if you are a
State employee or a public employee
whose employer has elected to
provide the benefit. Please note that
this benefit is not applicable under
certain Special Plans

The unused sick leave d
be used to meet age or s
quirements nor can they be used as
part of the Final Average Salary
calculation, The maximum amount of
sick leave which can be converted is
165 days.

These questions and answers may
be helpful
Q. Can a Tier | or Tier 2 member
retire under the New Career Plan for-
mula with 19 years and 8 months plus
165 di of unused sick leave?

A. No. Such a member will retire un-
der the 1/60th formula. Sick leave
cannot be used to meet service re-
quirements.

Q. Can I retire before my 55th birth-
day if I have enough sick days to
carry me beyond age §
A. No. You may not use this credit to
meet age requirements.

Q. I recently received a raise. Will
the three year period used in
calculating final average salary in-
clude the days for which servi
credit is awarded on account of unus-
ed sick leave?

Local 337 voting

GOSHEN — The 110 employees of
New York State’s Ninth Judicial
District are voting on a new contract
recently negotiated with the Office of
Court Administration. The contract
has strong support from the president
of Court Employees Local 337, who
urges ratification

Carol Dubovic, acting president of
Local 332 calls the tentative
agreement ‘‘a very good one’”’ and is
urging the workers to approve it. The
ballots went out last week and will be
counted on December 12.

The district includes employees of
eight courts; those of the cities of
Poughkeepsie, Newburgh, Port Jer-
vis, Middletown and New Rochelle;
and the counties of Orange, Dutchess
and Putnam.

A. No. Sick leave credits cannot be
used in the computation of your final
average salary

Q. What good is this to me upon
re nent?

A. Let's take an example. If you
retire under the New Career Plan
with at least 20 years of service and
have the maximum number of sick
days (165), your Single Life
Allowance (Option 0) will be increas-
ed by approximately 1% of your final
average salary

Q. What if I have 21 years, as above,
and I use up my sick time before
retiring?

A. You will then retire with 21 years
and not 21 years and 5% months.

Q. What if I have less than the max-
imum of 165 days of sick leave credit?
A. All, or any part, of unused sick
leave up to 165 days may be used for
retirement

Q. Will I have to set aside part of my
sick leave accumulation to pay for my
health insurance?

A. The Retirement System will use
all allowable unused sick leave
towards service credit. See your per-
sonnel office or the Health Insurance
Section of Civil Service about using
sick leave for health insurance

Q. How do I apply my sick days
toward retirement?

A. Your employer will let the
Retirement System know how many
unused sick days you have at the time
of retirement.

on new contract

The tentative 2-year pact is retroac-
tive to April 1, 1978, except for time
and leave provisions which are
retroactive to April 1, 1977. It calls
for, among other things, a guaranteed
third increment for April 1, 1980, and
a 6% location-pay differential for the
New Rochelle employees, with a
1,200 maximum.

The voting is on a coalition basis, so
if a majority of the District Nine
employees approve the contact, all
eight of the individual court employee
groups in the district will have their
own contracts.

The employees’ negotiating team
and the union’s collective bargaining
specialist, Pat Monachino, are also
recommending ratification of the
agreement

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
Boiler Inspector......

Senior Social Services Program Specialist ..

Assistant Tax Valuation Engineer.
Senior Tax Valuation Engineer
Electronic Computer Operator
Upholstery and Bedding Inspector 11
Upholstery and Bedding Inspector 111
Assistant Signal Engineer

Investment Officer

Teachers’ Retirement System Informati
nior Chemical Engineer

Senior Electronics Laboratory Engineer
Principal Economist (Regulatory Econo
Industrial Superintendent

Assistant Industrial Superintendent

SNDS DECEMBER 11

- $11,250
++ $18,301 }

«$12,783 Ni
-+++-$16,669 0
- $14,850 Ni
$20,366 N
--$14,075 D
$18,301
$18,301

ion Rep

mics)

$19,288 }
$16,469 No.

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

Page 10

THE PUBLIC SECTOR, Wednesday, November 29,

1978

__ OPEN CONTINUOUS
STATE JOB CALENDAR

Title
Pharmacist (salary varies with location) ,.
Assistant Sanitary Engineer
Senior Sanitary nnginest ve
Clinical Physician I .
Clinical Physician II.
Assistant Clinical Physician
Attorney wees
Assistant Attorney ..
Attorney Trainee
Junior Engineer. .

(Bachelor's Degree)
Junior Engineer .

(Master’s Degree)
Dental Hygienist eeted
Licensed Practical Nurse....
Nutrition Services Consultant
Stationary Engineer
Senior Stationary Engineer .
Occupational Therapy Assistant 1
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 fics
Computer Programmer (Scientific)
Senior Programmer ......
Senior Computer Programmer ( (Scientific)
Mobility Instructor a
Instructor of the Blind .
Health Services Nurse.....

(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 Ape oe
Assistant Stationary Engineer ........
Electroencephalograph Technician ...
Radiologic Technologist .. eee
(salary varies with location)

Medical Record Administrator
Food Service Worker ...
Mental Hygiene Therapy Aide Trainee .
Mental Hygiene Therapy Aide Trainee

(Spanish Speaking)
Associate Actuary (Casualty)
Principal Actuary (Casualty) ...
Supervising Actuary (Casualty)
Assistant Actuary .....

Nurse II. i

Nurse II (Psychiatric) t

Nurse II (Rehabilitation)

Medical Specialist II ..

Medical Sree I

Psychiatrist lec. 2-1. .--

Psychiatrist WR GaaaneGeonS

Social Services Management Mrainee scans:

Social Services Management Specialist :

Social Services Management Trainee
(Spanish Speaking)

Social Services Management Specialist ....
(Spanish Speaking)

Industrial Training Supervisor A

(salary varies depending on specialty)

Physical Therapist

Physical Therapist (Spanish Speaking)

Senior Physical Therapist :

Senior Physical Therapist Sapien Speaking) i

Speech Pathologist

Audiologist . ae

Assistant Speech Pathologist.

Assistant Audiologist .

Dietician Trainee .....

Dietician

Supervising Dietician .

Stenographer ........

Typist .

Senior Occupational Therapist

Senior Occupational Therapist ..
(Spanish Speaking)

Occupational Therapist

Occupational Therapist (Spanish Speaking)

Salary Exam No.

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

+ $17,429
«$27,942
$31,055

» $25,161
$14,850

++. $12,397

++ $11,723

+ $11,904

$12,890

., $8,950
vee $8,051
ve $13,404
.. $10,042
$11,250:

. $9,029
$9,029

$14,142

$18,301
$18,301

. $18,301
$18,301
$18,301
$18,301

. $7,616
$7,616

“$8 454-$10,369

.. $18,369
$22,364

. $26,516
$10,714

.. $10,624

=. $11,904
$11,904

coves $11,904
«$33,705
$27,942

1 $27,942
$33,705

.- $10,824
.. $11,450
$10,824

$11,450

- $10,624-$12,583

. $11,387
. $11,387

.. $12,670
. $12,670
$12,670
«$12,670
2. $11,337
. $11,337

ses. $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 of the New York State Department of Civil Service for an-

nouncements, applicatic

s, and other details concerning examinations for the position

1d above.

State Office Building Campus, First Floor, Building |, Albany, New York 12239 (518) 457-6216.
2 World Trade Center, 55th Floor, New York City 10047 (212) 488-4248.
Suite 750, Genesee Building, West Genesee Street, Bulfalo, New York 14202 (716) 842-4260.

AMR ME

a
|

seeacs  Son Ta

“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.

Statute of Limitations — Article 78

Petitioners, provisional
employees of Nassau County who
had received low or failing grades
on a Civil Service exam, challeng-
ed the exams as being illegal and
invalid. The legal issue was
whether the proceeding had been
commenced within the four month
statute of limitations. The list of
eligibles was certified on January
7, 1975, and this normally would be
the date upon which the statute of
limitations would commence run-
ning. However, due to an unrelated
court action, certification of the
list was subsequently withdrawn
pending the outcome of this other
suit. The Court of Appeals held that
the statute of limitations began to
run when the eligible list was
recertified in July of 1975, stating

BOARD MEMBERS John Wyrough of
Tompkins County and Stephen Ragan of St.
Lawrence County.

Bd. of Directors
meets on policy

ALBANY — The responsibility
for carrying out the policies es-
tablished for the Civil Service
Employees Assn. lies primarily
with the 130-member Board of
Directors. According to the union’s
Constitution and By-Laws, ‘‘The.
power and authority to transact all
business of the Association shall,
subject to the power and authority
of the Delegates at meetings of the
Association, be vested in a Board
of Directors . . .’ No funds of the
Association may be disbursed un-
less authorized by the Board of
Directors.

The Board generally meets
monthly, which concentrates a
great deal of business into a small
time frame. These photos were
taken at the November Board
meeting and reflect the intensity of
conducting the official business of
so large an organization.

eAATRNTE

that the ambiguity in finality was
created by the public body and
therefore the issue should be con-
strued most strongly against it.

Matter of Mundy v. Nassau County Civil
Service Commission (44 N.Y. 2d 352; see
also Matter of Martin v. Ronan, 44 N.Y. 2d
374, holding that the statute of limitations in
an Article 78 challenging the legality of an
exam commences when the eligible list
becomes final).

Disciplinary Procedure
Petitioner, a village police of-
ficer with permanent civil service
status, was injured during the
course of his employment. After
being away from his job for over a
year due to his injuries, the
respondent, Village of Scarsdale,
ordered him to report for limited
duty. On the advice of his doctor,
petitioner refused to return to
work, and the village summarily
removed him from his position
The court held that by virtue of
section 891 of the Unconsolidated
Laws, petitioner was entitled to the
protections of section 75 of the Civil
Service Law. It was incumbent

SCHENECTADY COUNTY Board Member Eugene

upon the Village to provide
petitioner with a hearing to deter-
mine whether his refusal to work
constituted insubordination and
misconduct, since petitioner’s civil
service status was a property in-
terest of substantial value and
protected by the due process clause
of the Constitution.

Matter of Fiorella (Village of Scarsdale)
(S. Ct., Westchester Co,, NYLJ, Oct. 2, 1978,
p. 16).

Arbitration — Past Practice

In a grievance filed by about
2,000 non-judicial employees in the
various branches of the Supreme
Court in New York City, a hearing
officer has held that the Office of
Court Administration properly dis-
continued a twenty-five-year prac-
tice of allowing court employees to
take four days of non-chargeable
vacation time during the Christ-
mas and New Year's season. This
privilege was unilaterally revoked
by the employer, effective in 1973
The arbitrator rejected the
employees’ contention that such a
long-standing practice and custom,

pione, Legal Program Administrator, listen intently.

THIS TRIO of board members are, from left, Nicholas J. Cimino of Utica, John Riley of

a

STUDYING THE AGENDA are Mary Bat-
tista of Broome County and Kathryn

Saddlemire of Schoharie County.

QS AAT SS AAA A Sh

Syracuse, both Department of Transportation representatives and E. Jack Dougherty,
representing Tax and Finance Department.

DISCUSSING AN ISSUE are Stan Boguski
of Westchester County and Suffolk County's
Sid Grossman.

although not authorized by the con-
tract, could not be changed without
written consent of both parties. He
stated that such a unilateral
revocation was permissible, upon
notice, once the collective bargain-
ing agreement then in effect ex-
pired in July of 1972. This reasoning
at least implies that such a change
would be prohibited during the
term of a contract.

Matter of Owen Flynn, et al. v. Office of
Court Administration (NYLJ, Sept. 26,
1978).

Retirement Benefits

After receiving retirement
benefits for several months from
the New York City Employees’
Retirement System, petitioner was
informed by the System that she
did not qualify for the plan due to
their determination she had not
accrued sufficient time and service
to be eligible. Petitioner's defense
was that System employees had
told her prior to retirement thai
she had the requisite time and ser-
vice for benefits and that it was un-
necessary for her to purchase
credit for the time of her
employment prior to becoming a
member of the system. The court
held that the respondents were es-
topped from now denying her the
right to purchase this needed credit
since petitioner had a lack of
knowledge as to the facts of the
matter, relied on the represen-
tation of the System's employees,
and this reliance resulted in action
by her to change her position pre-
judicially

Matter of Be

Department of Soc
N.Y. CO., NYLJ, Sept. 18,

Discipline Arbitration—
Confidential Records

A recent arbitrator's decision
has granted disclosure of confiden-
tial mental health records in a
patient abuse case. The employer
resisted attempts to cross
its doctor, who had testified on
direct as to the patient's mental
status, and also refused, upon re-
quest, to produce the clinical
records of the patient. The ar-
bitrator held that the patient would
not be permitted to testify nor
would any evidence regarding the
competency and credibility of the
patient be allowed, unl the
employer granted the grievant
access to relevant records and an
opportunity to question employees
on areas of observation and com-
munication with the patient

Matter of State of New York, (
hiatric Center) [)
SEA (Case No. 13670244 78, decided

nan (New York City
vices) (Sup. Ct
1978)

Disciplinary Proceedings

Petitioner, a probationary police
officer, was acquitted in a criminal
trial of the same charges which
were the sis for an ad-
ministrative disciplinary hearing.
The Fourth Department held that
this prior acquittal, resting as it
does on a highe andard of proof,
was not a conclusive finding of in-
nocence on the disciplinary
charges

Matter of Perry v. Blair (402 N.Y.S, 2d
37)

2 spanner

THE PUBLIC SECTOR, Wednesday, November 29, 1978

Page 11

Many new
changes in
retirement

ALBANY — Several major changes
in retirement matters occurred dur-
ing the recent session of the State
Legislature. The following list dis-
cusses come of the major retirement
changes by subject and by Chapter
number for easier reference.

Unclaimed Benefits

Chapter 35 establishes a policy for
the treatment of unclaimed benefits.
It requires that notice be given to the
beneficiary or executor/ad-
ministrator of the estate at least 18
months before a claim may be con-
sidered abandoned and lists of such
benefits must be published in the
State Bulletin at least one year before
abandonment is decided. When deem-
ed abandoned, the funds will be
removed from the liabilities of the
Systems. Even after this, the benefit
may be claimed and paid, although
without interest.

Filing Day Extension
Chapter 207 extends the filing
period for a retirement application to
no more than 90 but not fewer than 30
days before the effective retirement
date. Heretofore, the early filing limit
was 60 days.

Death Benefit Tax Treatment
Chapter 339 provides for the
payment of CO-ESC death benefits as
group life insurance and, thus,
qualifies them for the same tax
treatment as Tier 1 and Tier 2 death
benefits.

Supplemental Retirement Allowance

Chapter 342 continues the
supplemental pension program. It
also removes the requirement that an
otherwise eligible pensioner have at-
tained age 62 by May 31, 1972 in order
to qualify for the benefit. Pensioners
who retired before April 1, 1969 may
now receive supplemental pensions

By Tom Gilmartin
CSEA Retiree Coordinator

After a little breather, this
retirees column, known for three
years as ‘‘Retiree Grapevine,”
resumes as a regular monthly
feature of CSEA’s weekly
publication, It is written for all
retirees of New York State's public
sector, but particularly for CSEA
retiree members, present and
future.

The column’s purpose continues
to be to keep retirees informed on
retirement issues and to offer, for
what it is worth, some commen-
tary.

A subscription to The Public Sec-
tor featuring a monthly section of
retiree news is available for only $2
a year, sent to CSEA, INC., 33 Elk
Street, Albany, N. Y. 12207. The
Public Sector’s coverage of retiree
news will appear on the last
Wednesday of each month. End of
commercia!.

State Commerce Commissioner
Dyson has made the headlines
again with his recent recommen-
dation that all retired senior
citizens have their pensions ex-
empted from state income taxes.
The newsstory emphasized that
state and local government
retirees are already exempt.

What repercussions could this
proposal, even if never enacted,
have upon retired public
employees? It reminds all New
York taxpayers that public
employment retirees do not have to
pay state income tax while federal
and private sector retirees do.

Former state senator Edwin

when 5 consecutive years have elaps-
ed since a member performed paid
government service.

Special Accidental Death Benefit
Chapter 472 provides a special ac-

Retiree Newswatch

Mason and Assemblyman Clark
Wemple both unsuccessfully in-
troduced bills to implement this
same idea.

The state’s retired employees
have opposed such efforts because
all such proposed legislation set a
relatively low ceiling for the ex-
emption, so that all pensioners
would be taxed over certain
amounts of pension, say five or six
thousand dollars. This would mean
thousands of retirees of the State’s
public retirement systems would
lose their total exempt status.

Commissioner Dyson states that
his idea would cause the state to
lose $50,000,000 in personal income
tax revenue, but would be a good
break for senior citizens. All senior
citizens need every break they can
get, but some at the expense of
others?

In this day of taxpayers’ revolt,
the wide publicity Dyson’s proposal
is sure to get is certain to be
damaging to our efforts to get a
badly needed cost-of-living ad-
justment this year. State retirees
don’t pay state income tax? Forget
giving them a cost-of-living in-
crease!

Whether or not anything comes
from the Lone Ranger’s latest
proposal, he has hurt us retired
public employees. The public
already believes the falsehood that
retired government employees are
all fat cats enjoying the cream of
lush pensions.

This fat cat misconception was
reenforced last week by the an-
nouncement that Arthur Levitt,
retiring Comptroller, will get about
$36,000, Louis Lefkowitz will retire

on about $45,000, Stanley Steingut,
if he retires, would get around
$29,000, and a few other big ones
were publicized.

If Mr. Dyson’s proposal catches
fire, let's hope that the ceiling
would be high enough to tax the big-
pension retirees and leave the
many little retirees unaffected. It
seems doubtful, actually, that state
legislators are going to go for
Dyson’s idea in any way, because
most of them retire at very sub-
stantial pensions and they also are
presently exempt from state in-
come tax.

Regardless of what comes of the
commissioner's recommendation,
the damage may have already been
done to our struggles to get a cost-
of-living adjustment. In any event,
this situation will bear close
watching.

Ready To Retire?

Protect your future with Retiree membership in CSEA.
* Take an active role in CSEA Retirees’ legislative campaigns for

cidental death benefit pension to the pension cost-of-living increases

when they attain age 62.

Supplementation for Spouses

Chapter 343 authorizes the payment
of a reduced supplemental pension to
the spouse of a deceased pensioner if
the pensioner had been or becomes
eligible posthumously for a
supplemental pension and had named
the spouse as beneficiary under an
option which provides for benefits to
be continued for the life of the spouse.
This statute puts into effect the
provisions of the Constitutional
Amendment sponsored by the
Comptroller and approved by the
voters last year.

Termination of Membership

Chapter 344 simplified the rule for
termination of membership because
of inactivity. It provides that, except
for vested members, certain persons
in federal employment, and others on
approved leaves of absence,
membership shall be terminated

widow or widower of a deceased
member of the Policemen’s and
Firemen’s Retirement System if the
widow or widower is receiving an ac-
cidental death benefit under section
361 of the Retirement and Social
Security Law.

Voluntary Contributions

Chapter 601 allows members (other
than those required to contribute) to
make voluntary contributions to the
Systems in order to purchase ad-
ditional annuity. This law becomes
effective January 1, 1979 and you
will be advised before then of your
choices under the law.

Interest on Death Benefits

Chapter 602 provides for the
payment of interest on death benefits
from the date of death of the member
until the date payment is made. This
interest is creditable on death
benefits payable on account os deaths
occurring on or after July 24, 1978.

Retired employees and those planning to retire in the near future sometimes
are confused as to which “‘tier’’ of the New York State Employees’ Retirement

System applies to them.

If you last joined the Retirement System before July 1, 1973, you are a Tier 1
member; between July 1, 1973 and July 1, 1976, you are a Tier 2 member; and if
you joined on or after July 1, 1976, you are a Tier 3 member.

Page 12

THE PUBLIC SECTOR, Wednesday, November 29, 1978

¢ Share in activities of the CSEA retiree chapter nearest you
¢ Continue present CSEA’s life insurance policies at the low group

rate

¢ Become eligible for CSEA’s ‘‘Senior Security 55’ life insurance

policy for members only

¢ Acquire low hospital cash-to-you protection for CSEA retirees and

spouses

¢ Send coupon below for additional information on benefits of retiree

membership in CSEA

Send the coupon below for tnerabership information.

Retiree Division
Civil Service Employees Assn.
33 Elk St., Albany, N.Y. 12207

Please send me a membership form for membership in Retired Civil Service

Employees of CSEA.

Name

Street

City, State

Date of Retirement.