TOM KANE — a con-
cessionaire who
makes no concession
to his handicap. See
Official publication of The Civil Service Employees Association
GWYN CLARKE —
an activitist who’s
making her mark in
page 2. ‘Vol. 3, No, 22.
CISSN 0164 9949)
Brooklyn. See page
12.
Wednesday, March 11, 1981
ALBANY — How many state employees out there would like to help
Gov. Carey finance a trip to Binghamton so he can ‘‘drink a glass of PCBs?”
If you would like to help, perhaps you would like to contribute to CSEA’s
Hugh L. Carey Toxic Waste Disposal Fund. It only takes one penny and
you'll be helping the governor solve a major environmental problem.
i The tongue-in-cheek fund was created by CSEA President William L.
McGowan last week after the governor told a stunned Capitol press con-
| ference that the situation at the Binghamton State Office Building had been
“overblown’’ because of ‘‘the union.”’
: A February 5 transformer explosion and fire spread toxic
polychlorinated biphenyls (PCBs) throughout the 20-story building. Just a
f week ago, experts also found the even more dangerous toxin ‘‘dioxin’’ in soot
spread throughout the building by the fire. State employees were reassigned
to temporary facilities beginning on February 6 while the PCB clean-up
operation began, but when the dioxins were found, the volunteer clean-up
crews were removed and the building was sealed. A team of international
scientists is being assembled to figure out what to do next.
But during a March 4 press conference, the Governor was asked about
the problem and replied, “I hate to say it, but somebody went amok in
Binghamton.’ The Governor then proceeded to criticize his own ad-
ministration for ‘overreacting’ to the problem and blamed the response on
the union, ‘‘Now we’ve got to satisfy the union,’’ the Governor said, ‘‘which
f can withhold its services until it’s well satisfied.”
It was then that Carey offered to go to Binghamton, ‘‘drink a glass of
} PCBs and then run a mile.’’ He followed with an offer to take some vacuum
cleaners, ‘‘a few good hands’’ and do the clean-up job himself.
“Tf the Governor wants to drink a glass of toxic chemicals, that’s his
business,’ commented CSEA President William L. McGowan. ‘‘We feel that
we should help him get his wish without providing any additional financial
burdens upon the taxpayers.”’
McGowan calls for one cent contributions to send guv to PCB well
Carey’s ‘childish’ comments
on chemical hazard blasted
To help finance the ‘“‘trip,’” McGowan told reporters that CSEA would .
ask union members to send one penny each to CSEA Headquarters which
would be sent to the Governor to underwrite the cost of his Binghamton trip.
“If he is foolish enough to do it, we're mad enough to help him,” the union
president said.
On a more serious note, Mr. McGowan said he was shocked and angered
by the statements. ‘Exposure to high doses of PCB or to low doses over a
prolonged period may be a significant health hazard for people,’” he said.
‘Instead of making. bad jokes, he should offer a prayer of thanks that this
building was unoccupied when the accident occurred or we would be dealing
with an entirely different kind of crisis right now.”
CSEA has been meeting with state officials concerning the Binghamton
accident and another incident involving a PCB fire adjacent to the state’s
Alfred E. Smith Office Building in Albany. In the latter incident, the state
says tests revealed no serious PCB contamination, but they didn’t do any
tests until after they sent employees back into the building.
After complaints about its actions, the Office cf General Services told
Mr. McGowan written guidelines would be issued immediately directing
facility managers not to send employees into any state facilities if the safety
of the facility is in question. As an added precaution in the Albany incident,
CSEA and the state are jointly participating in a monitoring program at
AESOB to independently confirm the safety of the building.
“The safety of state workers and the environmental accident at
Binghamton are no joke to this union,” President McGowan concluded,
“and I am sure our members resent the Governor’s childish remarks.’*
Mr. McGowan said that any pennies received to help underwrite the
Governor’s trip to Binghamton will be delivered to the Governor’s Mansion
to let him know how public employees felt about his remarks.
Union raps Utica-Marcy transfer as ‘unwise,’
state suspends bids pending more investigation
In a move to halt the proposed turn-over to the private sector of the Utica-
Marcy Psychiatric Centers laboratory, CSEA President William McGowan has
issued a letter to Mental Health Commissioner James Prevost requesting any
plan to change lab management be reconsidered.
And at press time it was learned that the Utica-Marcy administration has
been directed by the state Office of Mental Health to suspend any action on
bids from potential lab managers pending further investigation into claims
submitted to the state in the McGowan letter.
The proposed turn-over was first brought to the attention of Central Region
President James Moore by John Giehl, President of Local 425 at Utica
Psychiatric Center.
In a meeting with Giehl and concerned lab employees, Moore called for an
immediate investigation by the CSEA Research Department in Albany. A
research study was completed and submitted to President McGowan.
The McGowan letter to Commissioner Prevost in part said the closing of
the Utica lab was ‘‘an ‘unwise move’ and after a careful study of the facts,
CSEA was unable to determine that there would be a savings to the State and
was concerned with a possible ‘detrimental effect on other jurisdictions which
have made use of this laboratory in the past.’ ”
The McGowan letter further stated that the Utica lab now receives more
than $20,000 annually from Oneida County and the towns of Kirkland and
Whitestown for services.
It also questioned what would happen to the present exchange program
between Rome Developmental Center and Utica Psychiatric Center, since any
future testing done for Rome D.C. at Utica P.C. would have to be contracted
out.
CSEA research also contended that current operating costs for salaries
and fringe benefits of the lab personnel have been overestimated by approx-
imately $33,300 — which would further inflate the projected savings.
The letter also pointed out that the Utica-Marcy Centers would still be re-
quired to bear the costs for fuel and utilities of the laborarory building if the
successful bidder exercises an option to occupy the current lab under a tem-
porary State permit. zs
In closing, MeGowan said, ‘‘In consideration of the above possibilities, it is
very doubtful that the closing of the Utica-Marcy laboratory will ultimately be
in the best interest of the Office of Mental Health and the surrounding jurisdic-
tions which make use of the laboratory.”
Regional President Moore also expressed his deep concern. He has re-
quested Utica Psychiatric Center Local President Giehl to closely monitor ay
further action by the administration to ‘dump’ the lab operation in the hands
of-a profit-seeking private concern. 3
“T believe CSEA’s extensive research has proved the operation of the lab
can continue to offer useful service to the Utica-Marcy Psychiatric enters, a
number of surrounding communities, and do it efficiently at a minimum cost.
When all facts were weighed, CSEA found no sound reasons for me State to
turn over the operation to a private firm,’ Moore said. oe
For Tom Kane, a §
customer is more =
than just a face
in the crowd...
By Dawn LePore
BUFFALO — Tucked behind a marble corner in the lobby of the
Donovan Building, the concession stand is doing its normal brisk morning
business.
One after another, the customers approach the counter with a ‘‘Hi,
Tom,” and a few tidbits of news.
Tom Kane, a member of Buffalo CSEA Local 003, greets each of them
by name and quickly reaches for their cigarettes, papers or candy, often
before they’ve even told him what they'd like. Just as quickly, change is
made and the next request is filled.
“Hi, Darlene. You want the usual today?’’ he asks, turning for a pack
of Salems, stacked in a slim row among a few dozen other brands.
Then grabbing a quiet moment between customers, he steps out to
restock the snack display in front of the booth and hurries back to sell a
morning paper.
It takes a few moments to realize that Tom Kane is blind.
After serving with the Marine Corps during the Korean War, Tom
Takeover rumors at
Central Islip false
CENTRAL ISLIP — James Forsyth, president of the CSEA Central Islip
Psychiatric unit, is warning CSEA members and employees not to listen to
rumors about an incipient take over of the facility by an outside institution.
The source of the rumors was a story carried by “‘Newsday”’ that the New
York Institute of Technology, a Westbury-based vocational college, had made a
proposal to purchase several buildings on the Central Islip grounds. Since the
“Newsday” article appeared last week, stories have been circulating at
Central Islip, Kings Park, and Pilgrim Psychiatric Centers that the closing of
Central Islip was imminent.
“CSEA — including myself, Regional President Danny Donohue and the
CSEA Mental Hygiene Task Force — has met with the Mental Hygiene
Department here on Long Island and in Albany is following developments
closely,’’ said Forsyth. ‘‘The New York Institute of Technology proposal is not
‘new: it has been around for at least four months. The Department of Mental
‘Hygiene has not yet decided to formally consider the proposal and has not
Imade plans either to accept or reject it. Nothing has been decided.”
Forsyth said the CSEA had made known to the Department of Mental
Htygiene the union’s concerns about the porposal. ‘‘We told them we would
take any action, legal and other, to protect our members’ jobs. We will con-
tinue to follow developments and will keep our members informed.
He said the union will distribute flyers with up-to-date information when,
and if, anything new occurs.
Page 3 THE PUBLIC SECTOR, Wednesday, March 11, 1981
LOCAL 003 MEMBER TOM KANE, left, takes a break from his busy work-
day at a Buffalo consession stand to talk about his handicap. A friendly
fellow, above, Tom is on a first-name basis with most of his customers.
After 12 years, they have all come to know and love his special way of doing
business.
returned home only to lose his sight in an auto accident in the early 60’s.
But he is not a bitter man.
Handsome at 46, one is surprised to learn that he never married.
“No, I take care of Mother,” he says, smiling.
Tom has been manning the stand in the state office building for the
past 12 years. Before that he did the same thing over at City Court, City
Hall and the Roswell Park Memorial Institute.
“I know most of my customers by the sound of their voices,’”” Tom
says. ‘‘All they have ‘to do is say ‘Hello’.””
It is clear by his Smile that he enjoys his work. Every inch of the
stand has a clear place in his memory. Twice each week he orders his
stock.
Just before Christmas, Tom noticed someone was pilfering
cigarettes so he set a trap — a mouse trap — inside an open carton of the
thief’s favorite brand. Within a couple days a snap and a yelp revealed he
had caught his thief.
With the help of some state employees who were standing nearby,
police were able to apprehend the man several blocks away from the
building.
“He pleaded guilty so I never even had to go to court,” he said.
That incident aside, Tom insists that this stand is the most
trustworthy he has ever operated.
‘They are good people here,’’ he says. ‘‘They all know me here. AndI
know all of them.”
Evaluation sessions continue
ALBANY — The third phase of the continuing performance evaluation
training is scheduled to begin in mid-March, with 24 sessions being con-
ducted around the state.
Attending will be more than 700 Local presidents, their designees on
appeals boards and labor/management committees, and Region staff
According to Marty Langer, CSEA’s representative on the Committee
on the Work Environment and Productivity, this phase of the training will
focus on two aspects of the evaluation p i ‘
“The first will be reinforcement sessions for CSEA officials in need of
additional appeals and-labor/management training,”’ Langer said. ‘‘We had
‘requests for this continued training and the monitoring and appeals
processes following our last-round of sessions. Specifically, we will be bas-
ing these reinft sessions on actual that have been en-
forcement. i experiences:
~ countered, and we'll tailor our discussions to local conditions as much as
possible.”” Q ;
The second part of the’training will deal with task identification and the
devel of performance standards on which employees will be
evaluated. fe :
“The State will also be training their supervisors beginning this month
and hope to finish before the next big round of evaluations,’’ Langer ex-
plained. y i q
“We'll be using precisely the same information in our training session
as the State will be using in theirs. But in addition, we'll be discussing what
problems to look out for and types of abuses that our people should be aware
OES.
Blue collar workers still In negotiations
Suffolk white collar unit accepts pact
ting committee include,
left standing, CSEA Field Representative Irwin Scharfeld, Kenneth Horsford, James Pier-
i; sitting, Rose Orenda,
sant, President Ben Boczkowski, Dorothy Victoria, Gary Taibbi
Chemung unit charges
attorney delays talks
ELMIRA — Chemung County management and its labor negotiator recent-
ly came under fire when the County Unit of the Civil Service Employees
Association (CSEA) accused the $27,500 consultant with excessive delays over
the current six months of contract talks.
A spokesman for the 600-member unit of Chemung County Local 808 in-
dicated that Richard H. Wyssling, an attorney hired by the County to negotiate
a number of contracts, has frequently been unavailable for negotiations due to
an overloaded schedule.
According to Robert W. Allen, Unit President, ‘In addition to the many
delays in negotiations, he (Wyssling) has assumed a take it or leave it attitude,
totally devoid of the spirit of fair bargaining, and has implied that the eventual
outcome will be an imposed settlement by the County of Chemung.”
“We are now awaiting the Fact Finder’s report,’ Allen continued, ‘‘and
are hopeful it will force the County negotiator to return to the table and bargain
in good faith. If Mr. Wyssling thinks he can break the Union by threats of an im-
posed Legislative settlement, he is mistaken, His attitude is making us
stronger, more determined than ever to fight for a fair and equitable con-
tract.”
LOOKING OVER the final draft of the four-year East Ramapo School District
contract are, from left, Unit President Jack Schwartz, Collective Bargaining
Specialist Manny Vitale, District Negotiator Richard Crabtree and Unit
Member Gus Certa,
Calendar of EVENTS
March
11—Long Island Region | EAP seminar, 9 a.m.-5 p.m., Holiday Inn, Hauppauge
11—Hudson Valley Armory Employees Local 252 Meeting, 1 p.m., Newburgh Armory,
355 South William St. Newburgh
12—Saratoga County Local 846 shop stewards meeting, 5 p.m., Solar Building, High St.,
Ballston Spd.
12—Rockland Psychiatric Cenrér Local 421 meeting, 4:45 p.m.,
Chapel, Rockland Psychiatric Center.
13-14—Western Region VI meeting, Rowntowner Motor Inn, Rochester
14—Vestal School Unit, Broome Educational Local 866, dinner-dance, 6 p.m.,,St. Mary's
Hall, Baxter Street, Binghamton
Social Hall, Catholic
HOLTSVILLE — Suffolk Local 852 blue collar
employees voted down a one-year contract with Suf-
folk County on February 27 but the white-collar
employees voted to accept it.
According to Local 852 President Ben
Boczkowski, the white-collar agreement will go
into effect, pending approval by the Suffolk County
Legislature. Meanwhile, Mr. Boczkowski said, the
collective bargaining process as provided by the
Taylor Law will continue for the blue collar unit. A
meeting had been called last week for all blue
collar unit presidents to discuss negotiation
strategy.
There were approximately 8,000 ballots mailed
out to CSEA members according to Mr.
Boczkowski. Of the 5,656 ballots returned, 394 were
declared void by election officials leaving a total of
5,262 ballots that were counted. The white collar
voters approved the contract 2,081 to 2,025 while the
blue collar voters rejected the contract 610 to 546.
Under the terms of the white collar contract,
renee raises will average 10.5 percent according to Irwin
3 Scharfeld, CSEA field representative.
(Honor brunch
for Betty Duffy
WEST BRENTWOOD — A brunch
in honor of retired long-time CSEA
activist Betty Duffy will be held at
Colonie Hill in Hauppauge at 11 a.m.
on April 5.
Local 418 First Vice President Jean
Frazier said the tickets are $10 and
the closing date for reservations is
March 20. For additional information,
contact Local 418 at (516) 231-5577.
Ms. Duffy, who retired from State
service earlier this year, is a former
Pilgrim Psychiatric Center, Local 418
president, member of the statewide
Board of Directors and secretary of ©
the CSEA Mental Hygiene Presidents
Committee.
NE
Ramapo unit ‘very satisfied’
with new four-year contract
SPRING VALLEY — The 100 CSEA members who form the East Ramapo
Central School District Unit have overwhelmingly ratified a new four-year
contract, according to Unit President Jack Schwartz who added, ‘‘and most
importantly we were able to reach an agreement which still allows for in-
crements.”’
Schwartz indicated the membership is ‘‘very satisfied’’ with the pact
which provides: annual wage hikes of seven percent, plus increments;
longevity awards after 10, 15 and 20 years service; preference in making
promotions based on seniority; $5.00 meal allowance paid for each consecutive
four hours of mandatory overtime worked; uniforms also issued to security
aides; increase’ of at least one increment granted when employee promoted
and moved to higher classification; summer hours during July and August;
guaranteed minimum two hours pay when called in before or after regular
workday, weekend or holiday; increased tool allowance for bus mechanics, and
absences due to injury or illness not charged against employee's personal leave
when judged compensable under the Workmen's Compensation Board.
Negotiations were led by Collective Bargaining Specialist, Manny Vitale,
assisted by Schwartz, David Goldberg, Rita Glassman, Kenneth McLeon and
Gus Certa.
rom)
Betty Duffy
16—Capital Region IV membership meeting (dinner), 5:30 p.m., Best Western Thruway
House, Washington Ave., Albany
17—Saratoga County Local 846 Executive Committee meeting, 7 p.m., Solar Building,
High St., Ballston Spa
17—Hudson River Psychiatric Center Local 410 meeting, 8 P.M., Conference Room (1-A)
Cheney Building, Hudson River Psychiatric Center.
18—Buftalo Local 003, General Membership Meeting, 5:30 P.M, Buffalo Aud Club.
18—Nassau County Local 830 Executive Committee meeting, 5:30 p.m., Salisbury Inn,
Eisenhower Park, East Meadow.
19—Long Island Region | Clerical, Secretarial Seminar, 7-11 p.m., Holiday Inn, Houp:
pouge.
22: 24 CSEA Delegates Meeting, Syracuse.
Panos)
THE PUBLIC | SECTOR, Wednes Jay, Mare
1, 1981
Page 3
I'D LIKE TO THANK
ALL THOSE THAT HAVE
SUPPORTED ME:
IGNORANCE, NEGLECT
INCOMPETENCE...
Senn
SECTOR
Official publication of
The Civil Service Employees Association
33 Elk Street, Albany, New York 12224
The Public Sector (445010) is published every Wednesday
weekly except for Wednesdays after New Years, Memorial
Day, Fourth of July and Labor Day for $5 by the Civil Service
Employees Association, 33 Elk Street, Albany, New York
12224.
Second Class Postage paid at Post Office, Albany, New York.
Send address changes to The Public Sector, 33 Elk Street,
Albany, New York 12224
Publication office, 75 Champlain Street, Albany, New York
12204. Single copy Price 25¢
Thomas A. Clemente—Publisher
Roger A. Cole—Executive Editor
Dr. Gerald Alperstein—Associate Editor
Gwenn M. Bellcourt — Associate Editor
Deborah Cassidy—Staff Writer
Dawn LePore—Staff Writer
John L. Murphy—Staff Writer
Arden D, Lawand—Graphic Design
Dennis C. Mullahy—Production Coordinator
ws1a
Published every Wednesday by Clarity Publishing, Inc. Publication
Office, 75 Champlain Street, Albany, N.Y. 12204 (518) 485-4591
NEW OFFICERS OF THE Department of Public Works Blue Collar Unit of Suffolk County Local 852,
from right, Sergeant at Arms Al Terry, Secretary William Venil, Treasurer Richard Quappe, Second
Vice President Frank Gunby, First Vice President Kevin Dobbs and President John Stankenwicz are
installed by Local 852 President Ben Boczkowski, second left. Looking on is Past President Sam
ladiccio, left.
THE LETTERING ,ON THE HOCKEY
UNIFORMS read C-S-E-A. Upstate Medical
Center Local 615 sponsors a team in the Camillus
Youth Hockey Association for 16-18-year olds.
Local 615 member Don Dobrowolski coaches the
team. His assistant coach, in picture, gives in-
structions to members of the team.
THE PUBLIC SECTOR, Wednesday, March 11, 198]
TIME
FOR SOME
MUCH-NEEDED
RECOGNITION
July 4 holiday
Because the Fourth of July falls on a Saturday
this year, many State employees have asked
whether they'll get the preceding Friday or the
following Monday off to celebrate Independence
Day.
The answer, according to a Civil Service
Department memorandum sent to agency per-
sonnel officers, is that offices will not be closed on
Friday or Monday. Instead, employees generally
will be granted compensatory time off. This ‘‘comp
time’ can be used on whatever date is mutually
agreeable to employees and their supervisors.
Some employees who actually work on July 4 can
choose between time off or extra pay. Questions
concerning the Independence Day observance
should be directed to your supervisor or agency per-
sonnel office.
AFL-CIO dept. head retires
BAL HARBOUR, FLA. — William H. McClennan
has retired as president of the AFL-CIO Public
Employee Dept., which he had headed since its
founding in 1974, and Kenneth Blaylock was elected
to fill out his term
Blaylock is president of the American Federation
of Government Employees and has been treasurer
of the department. McClennan is_president-
emeritus of the Fire Fighters. The department now
has 35 affiliates representing some 2 million
federal, local and state government workers.
The terms of Blaylock and Shanker will run until
the department convention next June
Upstate sponsors hockey
SYRACUSE — Interested in promoting youth
sports, CSEA members of Local 615,
representing Upstate Medical Center in
Syracuse, chose to sponsor a teenage hockey
team. .
“‘It's tough for youth hockey teams to get spon-
sors,’’ Local 615 President Bob Vincent said.
‘Most organizations tend to sponsor football or
baseball teams, because they have a more pop-
ular appeal. But we decided it would be a good
thing to lighten some of the expenses-for the
young hockey players.”
Don Dobrowolski, team coach and Local 615
member, added that “it’s something for the
teenagers to do besides watching T.V. or running
in the streets.’ He also said that the youths. in
the Camillus, N.Y. Youth Hockey League have
sincere interests in the sport, and some go on to
play college hockey.
Faulty food carts injure MPC workers
NEW YORK CITY — A grievance filed by Manhattan Psychiatric Center
(MPC) Local 413 charges that old, poorly maintained food carts have caused
injuries to several food service employees.
“In filing the grievance we pointed out that the lack of maintenance on the
food carts not only causes injuries, but also causes the carts’ wheels to freeze,
making a cart filled with food nearly impossible to push,” said Local 413
Grievance Chairman Mohammed Huessin.
“They never do maintenance on these carts," said Food Service Worker
Gd
IN SPITE OF AN ARREST THREAT by Manhattan Psychiatric Center
security guards, a Public Sector photographer managed to get a picture of
MPC Food Service Worker Mary Stevens holding a makeshift pin-lock used by
the institution to repair a food cart which already had a missing door. Security
equurds prevented the photographer from taking further pictures.
Contracting out scrutinized
NANUET — Union leaders are reacting quickly to indications the
Rockland County Legislature is looking into the possibility of ae?
out housekeeping services at the County Health Complex.
Ina letter to the legislators, Local 844 President John Mauro and County
Unit President Ray Zerbarini protested, “It’s the old story — blue collar
workers, the first to go.’’ The CSEA leaders continued,
“The typical ‘pie in the sky’ approach is being taken, but we will not be
fooled. You may be sure that CSEA is keeping a close watch on
developments since contracting out means loss of benefits, minimum
wages, or even outright dismissal. You could very well be taking people off
the payroll, but putting them on the welfare roll.”’
Each legislator, as well as State Sen. Linda Winikow, and Assemblymen
Eugene Levy and Thomas Morahan, were sent copies of the book
“Government for Sale’’ published by AFSCME.
Copies of the book have also been offered to interested Rockland County
citizens.
BUFFALO — The Region VI Nominating Committee wishes to correct the
error of last week’s Public Sector article regarding the deadlines for in-
dependent nominating petitions.
Those wishing to file independent nominating petitions for Regional Office
must submit them by April 1. Forms must contain the signatures and Social
@ Security numbers of at least four percent of members entitled to vote in the
election,
Mary Stevens. ‘‘When you get hurt, management tells you to be more careful.
How can you be more careful when the doors are broken and swinging and the
wheels are frozen?’
Stevens broke her toe when a cart ran over her foot. Additionally, she said
that the swinging doors regularly cause bruises on her side when she tries to
maneuver the carts through narrow doorways.
Marial Braithwaite, a Food Service Worker at MPC for 24 years, said that
the carts are ‘‘so heavy when they are full, we can’t push them.”
A spokesman for the manufacturer of food carts said that an empty
cart weighs 500 pounds.
“The carts (at MPC) are 25 years old,” the spokesman said. ‘‘Any cart in
service that long takes a lot of abuse and need continual maintenance.’’
“If the wheels are greased regularly and the carts are properly main-
tained, there should be no problems,” he said. ‘‘Frequently, though, instead of
purchasing replacement parts, an institution will try to save money by im-
provising, using whatever is lying around the shop instead of a new part.”
He said that he could not recall any orders for replacement parts for the
MPC food carts ‘‘for quite a few years.’
( CSEA to defend police heads
WHITE PLAINS — The Civil Service Employees Association will defend
four of seven superior officers in the Westchester County Police Division
charged with lax supervision.
The union is entering the case, according to Unit President Ray O’Con-
or, ‘‘to defend CSEA members against unwarranted attacks.”
Attorney Arthur H. Grae of the White Plains Law firm Grae and Rose
will represent the four supervisors before a special hearing officer. The
other three officers will be represented by the Parkway Police Benevolent
Association.
Carmine DiBattista, a union leader, said the charges ‘‘hurt morale and
impair the department's operations.
“It's interesting to note,’’ he commented, “that these charges which
border on harassment are being brought against men with unblemished
records in over a century of combined public service.” He called the move,
“a publicity stunt.”
Region Vi nominations deadline info
“A cloud is now hanging over their heads and we intend to dissipate it by
\defending them vigorously,’ he concluded. y
CSEA REGIONAL DIRECTOR THOMAS J.
LUPOSELLO, above, was among those who attended
County Executive Lucille Pattison’s open house in
Poughkeepsie.
DUTCHESS COUNTY EXECUTIVE LUCILLE PAT-
TISON, left center, recently held an open house at the
county office building in Poughkeepsie. Special guests in-
cluded such CSEA activists as, from left, Mary Rich, left
and County Unit President Scott Daniels.
Those wishing to qualify by independent nomination for the State Ex-
ecutive Committee of CSEA Board of Directors must file petitions by April 15
They must contain the signatures and Social Security numbers of at least ten
percent of the eligible CSEA voters, not to exceed 450.
Petition forms are available in the Region VI office. Petitions must be fil-
ed by certified mail, return receipt requested, with the Office of the Executive
Director, CSEA, 33 Elk Street, Albany, New York 12207
THE PUBLIC SECTOR, Wednesday March 17; 1987
The disgra
of Medicaid funds for
union-busting efforts
NEW YORK — James J. Moore, president of Central Region V of
the Civil Service Employees Association, has blasted the use of federal
and state medicaid money to hire private management consultants to
prevent health care workers from organizing and to ease transfer of
hospitals from public to private ownership.
Testifying before the State Assembly’s Labor Committee, Moore
called these consultant practices ‘“‘a dangerous retreat from accoun-
tability, responsibleness and patient-centered care’’,
The Medicaid program, which is intended to finance health care for
low income people, is 50% federally funded, with the remaining money
supplied by state and local government.
Moore told the committee, ‘‘As federal Medicaid dollars continue to
decrease, local governments will become increasingly vulnerable to the
Moore hits several consulting firms
cost-cutting promises of employee relations hucksters and modern
management mercenaries.”
The Reagan Administration's proposed budget cuts would reduce
Medicaid funds by $100 million this year and by $1 billion in 1982.
Moore, himself a state health care employee for 12 years, cited
several examples of management consultant abuses in Central New
York. The Utica-area native added, ‘The Medicaid program was never@
intended to be an income transfer program that takes from working
people and gives to lawyers, management psychologists and profiteer-
ing consultants,””
The complete testimony given by Moore before the State Assembly
Labor Committee hearing conducted by committee chairman
Assemblyman Frank J. Barbaro is reprinted here for the information of
CSEA’s membership, more than 50,000 of whom are health care
workers in the public sector throughout New York State.
engaged in medicaid- funded union bustin
I am James J. Moore, president of Region V — and statewide vice-
president — of The Civil Service Employees Association, Local 1000, American
Federation of State, County and Municipal Employees. On behalf of our more
than 225,000 members across the state — approximately 50,000 of whom work
in public sector health-related jobs — I would like to commend Assemblyman
Barbaro and the entire committee for performing this valuable service on
behalf of workers, consumers, and the tax-paying public.
Now is an opportune time to consider the appropriateness of enriching
high-powered ‘‘employee relations consultants’’ with public funds intended to
meet the health care needs of the old, the sick, and the poor. Under the Reagan
administration’s budget proposals, medicaid allotments to the states will be
slashed 100 million dollars below the fiscal year 1981 spending estimate, and
one billion dollars below projected expenditures for 1982. Thereafter, medicaid
allotments to the states would be capped, rising only with the rate of inflation.
As a result, New York State's ability to meet the health care needs of its
residents would be severely impaired. Under these circumstances, the
diversion of limited and inadequate public funds away from health services for
the needy, and into the hands of professional union-busters would be uncon-
scionable. Even in the best of times, profiteering consultants who thrive on
eee
‘... profiteering consultants who thrive on suspicion and con-
flict, polarization, terror tactics and threats have no legitimate
place on the public payroll.’
eee
suspicion and conflict, polarization, terror tactics and threats have no
legitimate place on the public payroll.
The activities of ‘‘employee relations consulting firms'’ have been well
documented in oversight hearings before the U.S. House of Representatives
| Committee on Education and Labor in December 1979. Testimony, sample
| literature, legal documents and letters revealed the often unscrupulous, dis-
ruptive and inflammatory tactics that are the stock and trade of modern day
union busters. While such firms have been active in New Jersey, California,
North Carolina, Michigan, Pennsylvania and Massachusetts, many are head-
quartered right here in New York. Modern Management Methods, an Illinois
based ‘‘employee relations firm’’ and perhaps the most notorious, has been es-
active in health facilities in upstate New York
s 1979 anti-union activities at Corning Hospital were judged to be so ob-
us by supervisors, head nurses, and even administrators, that the firm
vas reportedly dismissed during the middle of an organizing campaign. At St
Joseph's Hospital in Syracuse, supervisors were pressured by consultants to
hold captive meetings with individual subordinates on a daily basis, and
workers were detained repeatedly as part of an orchestrated pattern of in-
timidation. And at the Cohoes Nursing Home outside of Albany, consultant tac-
Rs MeO we CANN XO NL AT ND saa
THE PUBLIC SECTOR, Wednesday, March 11, 1981
Page 6
tics included pulling nursing staff off the floors for indoctrination meetings, in
complete disregard of patient needs or sound staffing practices.
The use of labor relations consultants, however, has not been limited t@the|
private sector. While developing plans to transfer Tompkins County Hospital in
Ithaca, New York from public to private ownership, the hosptial’s board of|
managers retained the Syracuse labor law firm of Bond, Schoeneck, and King!
to work on certain unspecified employee-related issues — this despite the fact
that the hospital and the county both maintained full-time personnel
‘As federal Medicaid dollars continue to decrease, local
governments will become increasingly vulnerable to the cost-
cutting promises of employee relations hucksters and modern
management mercenaries.’
OOo
departments. The cost of these unspecified professional services are estimate:
to have cost between 5,000 and 15,000 dollars in the first year alone.
While union busters have lined their pockets through systematic in-
timidation of health care workers in the private sector, the public sector offers|
a lucrative source of additional profits. The Delaware Law School, for ex
ample, has used scare-tactic mailings in an effort to stampede public sector
personnel officers into enrolling in expensive anti-union seminars. As federal
medicaid dollars continue to decrease, local governments will become in-
creasingly vulnerable to the cost cutting promises of employee relaf@ns|
hucksters and modern management mercenaries.
The use of union busting consultants, especially by county hospitals, infir-
maries and other health related facilities that are already organized, is only a}
short step away from the complete transfer of services from public to private|
auspices.
From a public policy standpoint, the use of employee relations consultants|
— and their close cousins, profiteering hospital management companies —
signals a dangerous retreat from accountability, responsiveness, and patient}
centered care.
‘Testimony, sample literature, legal documents and letters
revealed the often unscrupulous, disruptive and inflammatory
tactics that are the stock and trade of modern day union
busters.’
Oe
Consequently, while U.S. Medicare regulations recognize that ‘‘reasonable
expenses incurred by a provider for collective bargaining and related activities
are allowable costs”’ those ‘‘costs incurred for activities directly related to in-
fluencing employees regarding their right to organize or not. . .” are not reim-
oe
Presi
Stat
Cen
millions of dollars in
Medicaid funds are being
diverted to union-busting
efforts.
campaigns in NYS
MOORE,
jident of SEA Region
V, testifying before a
e Assembly Labor
mittee hearing that
bursable expenses. The retention of consultants for union busting purposes is
explicitly ineligible for reimbursement under medicare. This policy was clear-
ly reaffirmed, and issued as a final notice in the Federal Register, by the
health care financing administration on January 16, 1981.
There are other signs that the union busters are being recognized for what
they really are. In response to 3M’S campaign of intimidation in connection
with hospital organizing activities in Boston, the New York State School of In-
dustrial and Labor Relations at Cornell banned the firm’s recruitment notices
from the school’s placement bulletin boards. The placement director indicated
that he had been instructed by the administration ‘‘not to post job listings for
organizations that violate the school’s charter to promote labor-management
understanding and industrial peace.”’
Clearly, the public funding of union busting consultants violates the in-
terests of labor-management peace, the medically needy, and the taxpayers
who foot the bill. The medicaid program was never intended to be an income
transfer program that takes from working people and gives to lawyers,
management psychologists, and profiteering consultants. To the extent that
these hearings expose the magnitude of this problem — and the threat these
mercenaries pose to health care services in New York State — this committee
will have performed an extraordinary and valuable service.
On behalf of President William McGowan, and the Members of CSEA, I
think the committee for this opportunity to appear before you.
Health care industry is
passing cost to consumer
BAL HARBOUR, FLA. — Health insurance premiums should be used
to finance patient care, not union-busting, the AFL-CIO Executive Coun-
cil insisted during a session here in late February.
The health care industry is passing on the costs of its anti-union ac-
tivities through higher hospital bills and higher insurance premiums, the
council notes. Thus, consumers end up paying for management con-
sultants who specialize in thwarting organizing and collective bargaining
in the health care field.
The council noted that the pass-on of such costs is prohibited in
federal medical care programs because the expenses of fighting unions
are not related to patient care.
It urged affiliates ‘‘to guard against such misuses of health insurance
funds.’’ State and local central bodies were urged ‘‘to ask state insurance
commissioners to adopt rules similar to the federal standard for private
health insurers.”’
with ’81 union elections
ALBANY — Treasurers of CSEA units, locals and regions elected in
the 1981 union elections will be receiving some new assistance in the per-
formance of their fiscal duties for the union.
CSEA’s Board of Directors adopted new fiscal ‘guidelines regulating
the use of membership dues money by all CSEA groups at the Board’s
February 19 meeting. Included in these guidelines is a new requirement
for training. The requirement becomes effective with treasurer's elected
in 1981 union elections.
“The responsibility of handling membership dues cannot be
overestimated,’ said CSEA President William L. McGowan in explaining
the new guidelines, “CSEA has been moving for the past several years
toward greater accountability and more professionalism in its operation.
Providing adequate training to elected officers in the handling of funds is
a necessary part of efficient union operations.”
Under the new guidelines, the treasurers of every unit, local and
region must attend and complete a training session for treasurers within
sixty days of assuming office. Should this requirement not be met, the of-
fice of treasurer in that local, unit, or region would be declared vacant.
Local presidents are required under the guidelines to notify CSEA
within seven days of changes in the office of treasurer within their locals
so the training process can be established. ws
Dividend declared on the
supplemental life plan
by Mutual Life Company
The Mutual Life Insurance Company of New York has declared the
seventh consecutive dividend on the Supplemental Life Insurance Plan
sponsored by CSEA. Dividend checks are now being mailed to the 21,584
CSEA members who are covered under the plan.
The amount of the dividend is based on the current dividend rate for
specific age groups. If you are under age 40, your dividend will be 30
percent of the premium; age 40-45, 25 percent; age 45-49, 12.5 percent;
and age 50 and over, 10 percent.
This rate is applied to the annual premiums payable for the coverage
which was in effect between Nov. 1, 1979, and Oct. 31, 1980. Premiums for
any coverage which became effective after Oct. 31, 1979, are not eligible
for this dividend.
The current dividend brings the total amount CSEA policyholiders
have received from the Supplemental Life Insurance Plan to more than
$1.3 million. The plan was installed in 1970.
Any questions regarding the dividend should be directed to the plan
administration at Bache Ter Bush & Powell, Inc., P.O. Box 956, Schenec-
tady, N.Y. 12301.
ATTENDING A RECENT MEETING of the Long Island Region I Mental
Hygiene Task Force are, from left, Nat Zummo, CSEA Field Representative;
Chairman Bill Chacona, Pilgrim Psychiatric Center Local 418; Anthony Ben-
tivegna, Kings Park Psychiatric Center Local 411; James Forsyth, Central
Islip Psychiatric Center Local 404; ané Nicholas Pollicino, CSEA Field
Representative. The meeting was at the Region I Satellite Otfice in Haup-
pauge.
THE PUBLIC SECTOR, “ dnesday, March 11, 1981 Page 7
Representation
poses a challenge
for this Local
scattered about
the Capital city
By Deborah Cassidy
ALBANY — Local leaders within the Civil Service Employees Assn. often
find it difficult enough to foster a spirit of unionism among members. But for
the Executive Local, with a membership of 300 divided between 18 separate
state agencies throughout the City of Albany, this is a real and ever-present
challenge.
Ranging in size from one to 90 members each, none of the agencies are
large enough to stand alone as a local. Attached to an established local, the
agency workers would face the difficulties of being virtually members at
large. The only solution was to pool the agencies together as a single local.
Only through an emphasis on communications and widespread represen-
tation and a continuing effort to make CSEA visible, do the agencies function
as a cohesive local, says Executive Local President Jan Gregory.
“The officers work hard at being informed and keeping the members in-
formed. Every agency has a role in the decision making. And the members are
not given a chance to forget that CSEA is their union,’’ she said.
Communications are handled by phone and mail. Any meeting notices are
sent in the mail and followed by a telephone call from one of the officers.
Keeping to a strict once a week schedule one of the officers calls each
agency representative to check on matters. The officers themselves meet once
a month and communicate by phone weekly.
‘Even when business is slow, we stay in contact,” says first vice-president
Pat Tracey. ‘‘Sometimes it seems like all our break time is spent on the phone
or preparing mailings, but there’s no other way.”
While the local does not have an established newsletter, news releases are
sent out when required, as in the case of major union or grievance decisions or
events.
At election time, candidates are sought from five different agencies, to
have the maximum representation. In addition, each agency is appointed a
representative and an alternate to attend local board meetings every six
NEW LONG ISLAND ARMORIES LOCAL 253 President George Paront, right, is.
IT IS LARGELY DUE TO THE WORK of these four dedicated officers that the Executive
Local of the CSEA remains a cohesive, functioning group. Shown from left to right are Vice
President Pat Tracey, Secretary and Second Vice President Diane Abrams, President Jan
Gregory and Treasurer Roberta Salati. ‘
weeks. These sessions are also open to individual members who wish to attend
The meetings, Gregory says, offer everyone an opportunity to speak out, to
gather information and participate in decision-making.
All the representatives are encouraged to attend any region or statewide
workshops and seminars in order to bring information back to their members
and to become familiar with the union, on other levels.
The CSEA membership packets, which provide a wealth of information
about the union and its benefits, are used extensively in this local. The officers
continually supply the shop stewards and representatives with the packets, es-
pecially when new benefits become available.
Similarly, promotional items, such as key chains and sewing kits are dis-
tributed freely.
“It is surprising what effect these items can have,’’ said Tracey. “They
keep the union visible. However small they are tangible proof of CSEA. We really
really believe this is important to our membership.
Finally, the local officers rely on social events — annual summer and
winter gatherings — to remain in contact with the members. These events also
encourage members of different agencies to get to know one another.
“Social activities provide the members with a chance to share their con-
cerns about the union and work,”’ said Second Vice-President and Secretary
Diane Abrams. ‘‘While members of most other locals have this contact on a
daily basis, we have to create an opportunity for it.”
Though the officers feel their attempts to hold this scattered local together
are successful, they find there are drawbacks.
An obvious one is the amount of paperwork and footwork involved in keep-
ing pace with the membership.
Another is the lack of contact with the grassroots members. ‘‘The contact
is just not there,’’ said Gregory. ‘It can’t be helped. We have to deal through
representatives and stewards in order to be efficient. But you lose something
when you believe this is important to our membership.”
IP charge protests
altered salary scale
NEWBURGH — An improper practice charge has been
filed against the City/Newburgh School District by CSEA,
protesting to the Public Employment Relations Board that
on Jan, 6, the Board of Education, “unilaterally altered the
Salary schedule during the term of the existing collective
bargaining agreement” of six clerical positions.
CSEA Unit President Frank LaRocca explained that the
action has the effect of weakening the bargaining unit and
noted that all negotiable items between both parties were
settled effective July 1, 1979, when the current contract took
effect. He added that any changes made thereafter, without_
negotiations, are improper under the Civil Service Law.
CSEA represents approximately 240 secretarial,
clerical, maintenance and service personnel in the district.
con-
gratulated at his installation by, from left, CSEA Field Representative Nat Zummo, Region
I President Danny Donohue and CSEA Collective Bargaining Specialist John Conoby.
Delegates
- to meet in
Syracuse
‘this month
SYRACUSE — Preparations are continuing for the :
arrival of about 1,000 CSEA Delegates here later this
month, for the convending of the 1981 CSEA Spring
Delegates Meeting.
CSEA Delegates meet twice each year to hear
reports from various CSEA Committees and to establish
union policies and consider amendments to the CSEA’s
Constitution and By-Laws.
The Board of Directors meets Sunday at 1 p.m. at the
Hotel Syracuse and then Delegates convene for their first
1 eeting at 5 p.m. at the same site. Educational sessions
0. Social Security, Workers Compensation and
pa. imentary procedure are also slated Sunday.
Page 8
THE PUBLIC SECTOR, Wednesday, N ‘ch 11, 1981
On Monday the Convention moves to the Syracuse
Civic Center where meetings continue throughout that
day and conclude on Tuesday, March 24.
A special briefing session for Delegates is being
planned by AFSCME to bring union leaders up to date on
federal budget proposals by President Ronald Reagan
and the potential impact of those proposals on New York
State public employees.
As provided by CSEA’s Constitution, proposed
amendments to the Constitution are published in this
edition of The Public Sector for membership information
prior to the Delegate meeting.
CSEA REGIONAL DIRECTOR
Frank Martello advised union
members to file claims for loss or
damage to personal property, and
to keep union officials alerted to
any problems concerning in-
surance claims.
OGS SENIOR ENGINEER Charles
Snedaker told members that OGS
has taken steps to prevent the theft
of state or personal property from
the contaminated building.
the following information:
Name
job de
Notice: Binghamton employees
Chuck Eynon, President of Binghamton City Local 002 of CSEA,
requests all CS9EA members who paid to park in the State Office
Building garage for the month of February, 1981, to contact the
CSEA satellite office, Binghamton Plaza, 33 West State Street.
CSEA is attempting to obtain refunds for employees who paid
for February parking and can produce a parking stub and permit
number. Please call the CSEA office at (607) 772-1750 and give
— Social Security number
Work Location
Parking permit number ——___
PCB contamination In Binghamton
‘We assure you, we will not let you go
back in that building until it is safe’
— Local 002 President Chuck Eynon
BINGHAMTON — On the day that
state health officials revealed that ad-
ditional, highly toxic chemicals were
discovered along with the previously
known PCBs contaminating the State
Office Building here as a result of a
transformer explosion on February 5,
CSEA officials held a meeting with
state workers displaced by the in-
cident to assure them the situation is
being closely monitored by the union.
More than 100 members of
Binghamton City CSEA Local 002
heard a variety of union represen-
tatives assure them that the union is
on top of the situation. ‘‘We assure
you, we will not let you go back in that
building until we know it’s safe,”
assured Local 002 President Chuck
Eynon.
CSEA Safety Coordinator Nels
Carlson told the members, ‘Our main
concern is the safety and health of
you, and no one goes back into that
building until it is safe."’ Speaking of
the acknowledged extensive con-
tamination of the building, Carlson
said, ‘‘We will be satisfied when the
scientific community is satisfied,”
but also assured members that the
union is monitoring the situation itself
and will require solid evidence that
the building is finally ‘‘safe.’’ Just
when that might be is still unknown,
but the finding of additional toxic
chemicals within the facility
prompted the state to halt cleanup ef-
forts and begin a search for an outside
professional team to tackle the
dangerous mission.
CSEA Regional Director Frank
Martello told members that the state
will restore any pay or leave credit
loss incurred during the time the
building was first closed and
members were off awaiting
assignment to other work locations.
Martello also said employees should
file home owners insurance claims to
cover the loss of any personal
property resulting from the building
contamination.
Meanwhile, hundreds of employees
are working at several temporary
work locations through the
Binghamton area. State officials say
the cleanup will probably take
months.
“ 3
mS * 4. 2
CSEA SAFETY COORDINATOR Nels Carlson assures CSEA Local 002
members that the union is carefully monitoring the state office building
situation. At right is Local 002 President Chuck Eynon.
DISPLACED WORKERS Lucille Tagliaferri of the Department of Trans-
portation and Olga M. White of the Division of Human Rights were
among those attending the meeting to obtain information concerning the
situation,
THE PUBLIG SECTOR, Wednesday, Marel-11, 1981
Page 9
Proposed CSEA Constitution & By-Laws revisions
REPORT OF
REVISION OF CONSTITUTION AND BY-LAWS COMMITTEE
TO THE SPECIAL DELEGATES MEETING
CIVIC CENTER
SYRACUSE, NEW YORK
MARCH 22-24, 1981
Key: Italics = New Material
Brackets = Removal of Old Material
The Constitution and By-Laws Committee has met twice since the Annual Delegates
Meeting in September/October, 1980. The meeting dates were December 12, 1980 and
February 5, 1981. Because of the limited time available at this Special Delegates Meeting,
the Committee is reporting on completed work only and all other amendments will be
reported out at a future meeting.
THE FOLLOWING ITEM IS PRESENTED TO THE DELEGATES FOR A
SECOND READING AND IF PASSED, WILL BECOME PART OF THE CSEA
CONSTITUTION:
‘The following amendment to Article VIII was submitted to the Committee by the
Statewide Officers by memorandum dated May 15, 1980:
“ARTICLE VIIT
DELEGATES,
Members of each local shall elect from their membership one or more delegates to
represent the members of the local at all meetings of the Association, except that the local
president shall, by virtue of that office, automatically be designated as a delegate. Prior to
[une Ist] July 15th of each year, each local shall file with the Secretary of the Association
an accurate list containing the names and addresses of its delegates for the ensuing year,
and names and addresses of alternate delegates may be submitted to the Secretary
thereafter.” REST OF ARTICLE REMAINS THE SAME.
Explanation: The Statewide Officers unanimously recommended to the Committee
that consideration be given to changing the effective date for submission of names of
delegates from June Ist to July 15th. Many locals elect their delegates at the same time
officers are elected, which is usually during the month of June. If a report must be given to
Headquarters by June Ist, it will probably thereafter have to be amended since delegates
will be elected after June Ist and before July Ist. Based upon this, the Committee finds
merit in the proposed amendment and recommends adoption of same.
THE FOLLOWING ITEMS ARE PRESENTED TO THE DELEGATES BY THE
COMMITTEE AS PROPOSED AMENDMENTS TO THE CONSTITUTION. THE
NTATION TO THE DELEGATES AT THIS MEETING CONSTITUTES A
READING OF THESE AMENDMENTS.
(1) The following amendments to Article IV, Section 5 and Article VI, Section 1 were
submitted to the Committee by the Nominating Committee.
“ARTICLE IV
THE ASSOCIATION
ORS.
(b) NOMINATIONS. [A Nominating Committee shall be elected as follows:] The
Statewide Nominating Committees shall be elected for a one year term as follows:
1. For those election years in which the four Statewide officers are elected, [E] each Region
shall nominate for [said] the Statewide Nominating [c] Committee at least seven (7)
members who have been members of CSEA for at least two (2) years.
2. The Executive Board of each Region shall elect three (3) members from the seven
(7) nominees, [two of whom shall be state members and one a county member] no more
than two of whom shall be a state or county member, except in the Metropolitan Region which
shall have three (3) state division members. Such election shall be by secret ballot.
3. [Such election shall be by secret ballot.] The names of the committee members
selected by the various Regions shall be filed with the Secretary and Executive Director of
the Association not later than January Ist of the election year. [The Nominating
Committee shall select at least two nominees for the offices of President, Executive Vice
President, Secretary and Treasurer. The State Division members of the Nominating
Committee shall also select at least two nominees for each position on the State Executive
Committee. In all cases an incumbent shall be one of said nominees if the incumbent
consents to become a candidate. No nominee shall be eligible as a candidate for more than
one statewide office.)
4. The Statewide Nominating Committee shall select at least two (2) nominees for the
offices of President, Executive Vice President, Secretary and Treasurer. In all cases an
incumbent, upon consent and if otherwise eligible, shall be one of said nominees. No nominee
shall be eligible as a candidate for more than one (1) statewide office.
5. For those election years in which the State Executive Committee is elected, each Region
shall nominate for the Statewide Nominating Committee at least seven (7) stale members who
have been members of CSEA for al least two (2) years.
6. The Executive Board of each Region shall elect three (3) members from the seven (7)
nominees, Such election shall be by secret ballot
?. The names of the committee members selected by the various Regions shall be filed with
the Secretary and Executive Director of the Association not later than January Ist of the
election year.
8. The Statewide Nominating Committee shall select at least two (2) nominees for each
position on the State Executive Committee. In all cases an incumbent, upon consent and if
otherwise eligible, shall be one of said nominees.
© person shall be eligible for nomination unless that person shall have been a
member in good standing of the Association on or before June Ist of the year preceding the
year in which [an] the election is held, The Statewide Nominating Committee shall file its
report with the Secretary and Executive Director of the Association no later than March
Ist of the election year, and shall simultaneously notify all candidates of their nomination
by certified mail, return receipt requested. Nominees who desire to decline shall do so no
later than March 20th of the election year by notifying the Secretary and Executive
Director of the Association by registered or certified mail, return receipt requested. The
Statewide Nominating Committee in the event of a vacancy created by a declination or
otherwise by March 20th of the election year shall name {a] substitute nominees and file
and report said nominees to the Secretary and the Executive Director no later than April
15th of the election year, The new nominees shall be notified by registered mail, return
receipt requested, on or before April 15th of the election year. No member who agrees to
serve on the Statewide Nominating Committee shall be eligible for nomination or election
to any statewide office or to the State or County Executive Committees.
(c) INDEPENDENT NOMINATIONS, Nominations for President, Executive Vice
President, Secretary and ‘Treasurer may also be made by official petition provided by the
Exeeutivi
Direetor of the Association upon written request of any member. Such petitions
shalt be signed by’ nut’ léss*tham’ two percent (2%) of the members of the Association. ‘The
Page 10 THE PUBLIC SECTOR, Wednesday, March 11, 1981
names of such candidates shall be printed on the official ballot if such nominations are filed
with the Secretary and the Executive Director of the Association on or before April 15th
[in the year of the election] of the election year.
Nominations for members of the State Executive Committee may also be made by official
petition provided by the Executive Director of the Association upon written request of any
member. The petition must be signed by not less than ten percent (10%) of the members in the
Department making such nominations but in no event will more than 450 valid signatures be
required. The names of such candidates shall be printed on the official ballot if such
nominations are filed with the Secretary and Executive Director of the Association on or before
April 15th of the election year.
(d) The Board of Directors shall within reasonable limits authorize the
reimbursement of travel expenses for duly nominated candidates for the four statewide
officers [as herein specified] of the Association.”
“ARTICLE VI
STATE DIVISION
Section 1, STATE EXECUTIVE COMMITTEE, The power and authority to
transact business relating to state employees shall, except as provided herein, be vested in
a State Executive Committee. The State Executive Committee shall consist of the officers
of the Association, and one representative from each State Department. The Judiciary,
the State University, the Waterfront Commission and state public authorities as one unit,
shall be deemed State Departments. The Faculty Student Associations and Teachers’
Retirement System shall as a unit be deemed a State Department. In addition to the
foregoing, each State Department with more than 3,000 members as of January 1 in the
year of an election shall for the term of office beginning the following July, be entitled to
one representative on the State Executive Committee for each 3,000 members or major
fraction thereof. The State Executive Committee shall elect from its membership one
member to be known as the Chairperson of the State Executive Committee. The State
Executive Committee may create one or more subcommittees to perform such duties as
the State Executive Committee shall delegate. Each department representative shall be
elected by ballot by the members in that person's department in the manner prescribed in
the By-Laws. No person shall be eligible for nomination unless that person shall have been
a member in good standing of the Association on or before June Ist of the year preceding
the year in which the election is held. They shall hold office for a term of two years or until
their successors shall have qualified. Commencing with the term of office beginning July 1,
1983 and each term thereafter, the term of office shall be three years. Vacancies in the
office of the State Department representatives including termination of employment with
the Department may be filled for the remainder of the term by members of the Association
employed in such department at a special election to be called by the Board of Directors
within fourteen days after the first meeting of the Board subsequent to the time that such
vacancies occur under the rules established by the Board; however, where the unexpired term
of office ts six (6) months or less, the President of the Association may fill such vacancy without
an election. No statewide officer shall be eligible for nomination to or serve as an elected
member of the State Executive Committee except for the 1981 elections in which case a
member may be a candidate for statewide office (Region President) and a candidate for
member of the State Executive Committee; however, a member elected to both positions
shall be ineligible to serve in both capacities.”
[Section 2. NOMINATIONS. The State Division members of the Nominating
Committee selected in accordance with Article IV, Section 5 of this Constitution shall
constitute the Nominating Committee for the State Executive Committee. They shall file
with the Secretary and the Executive Director of the Association on or before March Ist in
the year of the election at least two nominations for each seat on the State Executive
Committee. Nominees who desire to decline shall do so no later than March 20th by
notifying the Secretary and the Executive Director of the Association by registered or
ertified mail, return receipt requested. The Nominating Committee shall file with the
Secretary and the Executive Director a substitute nomination to assure at least two
nominations for each office no later than April 15th.”']
Note: This section is now covered under Article IV, Section 5 (b) NOMINATIONS,
paragraph 8 and the subsequent unnumbered paragraph
[Section 3. INDEPENDENT NOMINATIONS. Nominations for members of the
State Executive Committee may also be made by official petition provided by the
Executive Director of the Association upon written request of any member. The petition
must be signed by not less than ten percent (10%) of the members in the Department
making such nominations but in no event will more than 450 valid signatures be required.
‘The names of such candidates shall be printed on the official ballot if such nominations are
filed oe the Secretary and the Executive Director of the Association on or before April
15th.”
Note: This section is now covered under Article IV, Section (e) INDEPENDENT
NOMINATIONS, second paragraph
Section [4] renumbered to Section 2 LOCALS.
Explanation: These amendments represent technical changes which are nect y in
order to conform with the new staggered election procedure currently in effect. The
amendments remove the outdated procedure for the election of one nominating committee
to handle nominations for Statewide offices as well as Region offices since these elections
are now held in different years, The Committee recommends adoption of these
amendments
(2) The following amendment to Article VII, Section 2 was submitted to the Com-
mittee by the Non-Teaching School District Employees Committee:
“ARTICLE VIL
COUNTY DIVISION
ttion 2, LOCALS.
(a) LOCALS. A local may be formed by members in the County Division in any coun-
ty, or in any region containing one or more counties, upon the approval by the Board of
Directors of the Constitution and By-Laws of such local. One Local for non-teaching
employees of school districts may be formed in each county provided [fifty percent of the
eligible school district units,] that urits which represent al least fifty percent of the school dis-
trict members, but in no event less than 200 school district members, shall request for-
mulation thereof.” REST OF SECTION REMAINS THE SAME.
Explanation: The effect of this amendment would provide that County Educational
Locals may be formed in those counties where units which represent at least fifty pereent
of the school district members petition to form the Local. Under the current provision, a
Local may be formed upon the petitioning of fifty percent of the units regardless of the
number of members which they represent. The effect is that units which represent a
minority of school distriet employee members control whether or not a school district local
may be formed. This amendment would correct this inequity and the Committee
recommends adoption
to be considered by union delegates in Syracuse
(3) The following is an amendment to Article VII] DELEGATES. The issue of Locals
splitting their vote has been dealt with in a variety of ways un the floor of Delegates’
meetings. A research of the record indicates that rulings by chairpersons have been made
to permit the splitting of the votes and to prohibit the splitting of the votes. Recently,
Region President Gripper focused on this issue in a letter to his Executive Committee, as
well as the Statewide Officers and Counsel. A review of the letter, as well as the Com-
mittee’s observations at Delegates’ meetings, has prompted the Committee to submit the
following amendment;
“ARTICLE VIII
DELEGATES
Members of each local shall elect from their membership one or more delegates to
represent the members of the local at all meetings of the Association, except that the local
president shall, by virtue of that office, automatically be designated as a delegate. Prior to
June Ist of each year, each local shall file with the Secretary of the Association an accurate
list containing the names and addresses of its delegates for the ensuing year, and namesy
and addresses of alternate delegates may be submitted to the Secretary thereafter. Such
delegate or delegates shall have one vote for each hundred members or fraction thereof in
such local, based upon the paid membership in the Association on the first day of June
preceding the meeting. The number of votes each local or department is entitled to cast
shall be determined by the Membership Committee. Members in the State Division who
are not entitled to representation by Local Delegates pursuant to this section shall be
represented at all meetings of the Association by members of the State Executive Com-
mittee as delegates representing each of the State Departments, and each such delegate
shall have one vote for each one hundred members, or fraction thereof, in the department
from which the delegate was elected, excluding those members who are represented by
Local Delegates as provided in this section. All other members of the Board of Directors
shall have all the rights and privileges of delegates at meetings of the delegates except the
right to vote, [The votes of each local or department shall be cast as a unit unless the
delegates have been instructed to split such votes on a particular issue in a manner
prescribed by the members of such local or department.) Such delegates selected or ap-
pointed pursuant to this section shall have and may exercise all the powers, rights’and
privileges of members at any meeting of the Association.” REST OF ARTICLE
REMAINS THE SAME.
Explanation; The effect of this amendment would permit Locals to split their votes on
any issues which come before the Delegates. The current constitutional language provides
that Locals may only split their votes if directed to do so by their membership. However,
the Committee feels that it is not always possible for Locals to address convention issues at
membership meetings and, therefore, this requirement is unduly burdensome. In addition,
key issues are sometimes raised at Delegates’ meetings for the very first time which, of
course, does not provide for membership input. The Committee recommends adoption of
this amendment.
THE FOLLOWING ITEMS ARE PRESENTED TO THE DELEGATES BY THE
COMMITTEE AS PROPOSED AMENDMENTS TO THE BY-LAWS. IF PASSED
AT THIS MEETING, THE AMENDMENTS WILL BECOME EFFECTIVE
IMMEDIATELY.
(1) The following amendments to Article II, Sections 2, 4, 5 and 6 are the result of an
amendment referred to Committee for review and recommendation by the State Executive
Committee:
“ARTICLE If
MEETINGS
Section 2, BOARD OF DIRECTORS. Meetings of the Board of Directors shall be
held upon call of the President. Upon written request of [ten] (wenty-five or more members
of the Board of Directors, the President shall call a special meeting of the Board within ten
days. Such request must set forth the reason for calling the meeting and the proposed agenda.
Section 4. STATE EXECUTIVE COMMITTEE. Meetings of the State Executive
Committee shall be held upon call of the President. Upon the written request of [ten]
fifteen or more members of the State Executive Committee, the President shall call a
special meeting of the Committee within ten days. Such request must set forth the reason for
calling the meeting and the proposed agenda.
Section 6, COUNTY EXECUTIVE COMMITTEE. Meetings of the County Ex-
ecutive Committee shall be held upon call of the President. Upon the written request of
[ten] fifteen or more members of the County Executive Committee, the President shall call
a special meeting of the Committee within ten days. Such request must set forth the reason for
calling the meeting and the proposed agenda,
Section 6. SPECIAL MEETINGS.
(a) Special meetings of the Association shall be held upon call of the President. Upon
the written request of twenty-five members of the Board of Directors, the President shall
call a special meeting of the Association within fifteen days after the receipt of the written
request. Such request must set forth the reason for calling the meeting and the proposed agen-
da,”
Explanation: After consultation with President McGowan, the Committee
recommends adoption of the proposed amendments. There are currently more than 100
voting members of the Board of Directors. Changing the requirement for a special meeting
by petition from 10% to approximately 25% of the members of the Board is, in the Com-
mittee’s judgment, sound. Under the current provisions, it is possible for a group of ten
Board members to petition for a special meeting. The amendment would provide for a
broader representation from the Board in making the initial determination as to the ad-
visability of calling for a special meeting while prese the ability to call a special
meeting on serious issues since 25 signatures among 100 individuals is readily obtainable if
the issue supports the calling of a special meeting. Since it is necessary for the President to
locate suitable meeting space and provide the members of the Board with an agenda for
the special meeting, the proposed amendments are reasonable. The same analogy is
applicable to the amendments for the calling of meetings for the State and County Ex-
ecutive Committees, as well as the submission of a proposed agenda for special meetings of
the delegates,
(2) The following amendment to Article IV, Section 2 is presented purely for technical
reasons to implement that portion of the Affiliation Agreement between AFSCME and
CSEA adopted by the Delegates at the January 22, 1981 meeting, which provides that
CSEA will on April 1, 1982 adopt the minimum dues schedule provided for in the
AFSCME Constitution:
“ARTICLE IV
FINANCE
Section 2, DUES AND AGENCY SHOP FEE.
(a) (1) {The annual membership dues and agency shop fee of the Association shall be
tn i !
eighty-four dollars and fifty cents ($84.50) effective April 1, 1979.] Effective April 1, 1980,
the annual membership dues and agency shop fee of the Association shall be ninety-one
dollars ($91.00). Effective April 1, 1981, the annual membership dues and agency shop fee
of the Association shall be one hundred four dollars ($104.00). Effective April 1, 1982, the
annual membership dues and agency shop fee of the Association shall be equivalent to the
minimum dues for local unions established by the constitution of the Association’s international
affiliate, the American Federation of State, County and Municipal Employees. Membership
dues and agency shop fees collected by bi-weekly payroll deduction shall be at the rate of
1/26th of the annual amount. Members who elect to pay dues by direct payment may do
so by paying the annual amount of the dues to the Association on or before October Ist of
the fiscal year for which such dues are paid. A member who elects to pay dues by direct
payment may pay such dues in two equal semi-annual installments on October Ist and
April Ist of the year for which such dues are paid.””
(3) The following amendment to Article IV, Section 3 (a) is submitted by the Com-
mittee primarily for technical reasons and to provide a continuity of enforcement between
the mandated Local Constitution and the Statewide Constitution:
“ARTICLE IV s
FINANCE
Section 3. REFUND AND REIMBURSEMENT.
(a) REFUND TO LOCALS. Each duly organized local of the Association which has
complied with all of the provisions of the mandated Model Local Constitution and this Con-
stitution and By-Laws shall receive from the Treasurer an annual payment of twenty-five
percentum (25%) of the membership dues and twenty-five percentum (25%) of the agency
shop fees collected from the employees in such locals after the net per capita payment to
AFSCME, based on the June Ist audit, has been deducted. The expense of the delegates to
regular or special meetings of the Association shall be paid by the local from such funds as
hereinafter provided.”
Explanation: The Statewide Constitution currently provides for the withholding of
rebates to Locals which have not complied with the mandated Model Local Constitution.
However, a Local which has complied with the mandated Local Constitution but not with
the Statewide Constitution is entitled to receive the rebate. This amendment would clarify
this particular situation
(4) The following amendment to Article V, Section 1 is submitted by the Committee
for technical reasons and to provide continuity between the mandated Model Local,
Region and Unit Constitutions with the Statewide Constitution:
“ARTICLE V
EXPULSION OF MEMBERS
Section 1. Officers or members may be served with charges by registered or certified
mail by the Local President upon approval of the Local Executive Committee, or by the
Regional President, or by the President of the Association for conduct detrimental to the
best interests of the Association. All charges should be approved as to form and content by
the Association Counsel. A Local President may be served with charges by registered or
certified mail by a designated committee of the Local Executive Committee upon approval
by the Local Executive Committee. The specific acts for which discipline is being imposed
and the penalty proposed shall be specified in the charges. The charges shall be accom-
panied by a written statement that the individual charged has a right to object by filing an
answer by registered or certified mail to the Region President within ten (10) days; and
that the proposed penalty shall take effect if the individual does not file an answer within
ten (10) days. Within thirty (30) days of receipt of the answer, the Regional President
shall appoint and convene a Regional Trial Board which shall be composed of five
members of the Regional Executive Board except no member of the subject member's local
shall be appointed to the Trial Board. If the Region President is the subject of the charges
by the Region President’s local, then the Regional Executive Committee shall elect its own
committee of five members to serve as Regional Trial Board. A hearing will be held before
the Trial Board at which time either party may be represented by an attorney other than
the regional attorney. [Verbatim minutes shall be kept and paid for by the charging local
or region.] If the charges, or any part of them, are sustained, the Trial Board may impose
any of the following penalties: reprimand, censure, probation or suspension from local or
regional membership not exceeding one year, withdrawal of the right to hold office or
withdrawal of membership." REST OF SECTION REMAINS THE SAME,
Explanation: The requirement for verbatim minutes has been deleted from the model
constitutions. Since this is a costly item and usually lends nothing to the proceedings, the
amendment is reasonable. If desired, the Trial Board can choose to have a transcript. The
Committee recommends adoption of the amendment.
(5) The following amendment to Article VI, Section 4 is the result of a motion by
Felton King made at the Delegates Meeting in September/October, 1980. Mr. King’s
motion recommended that the ad hoe Women's Committee be made a Standing Com-
mittee of the Association. The Committee, after consultation with the Women’s Com-
mittee, proposes the following:
“ARTICLE VI
COMMITTEES
Section 4, SPECIAL AND AD HOC COMMITTEES. The Special Committees of
the Association shall be as follows: Armory, Auditing, Membership, Human Rights,
Memorial Scholarship Fund, Plaque, Civil Service, Social Services, Probation, Non-
Teaching School District Employees, Special Authorities, Women’s Committee, and such
other committees designated by the President of the Association.” REST OF SECTION
REMAINS THE SAME.
Explanation: The Women's Committee believes that it would be afforded the
recognition and permanency it seeks if it were a Special Committee of the Association. Our
Committee readily acknowledges the excellent work done by the Women’s Committee and
recommends adoption of this amendment,
MISCELLANEOUS ITEMS:
The following are open items on the Committee's agenda and require further in-
vestigation and consideration:
(a) Retiree Division
(b) County Division realignment
meer
ION OF THE CONSTITUTION AND BY-!
bah COMMITTEE
Mary Ann Bentham, Chairperson Kirk Scott
Marie Romanelli Carol Craig
John Francisco Amelia Clay
Edward Ochenkoski Nick Cimino
Nicholas Dellisanti Raymond O'Connor
Page 11
THE PUBLIC SECTOR, Wednesday, March, 11,1981
From politics to motherhood...
GWYN GLARKE
A woman of
extraordinary talent
By Richard Chernela
CSEA Communications Associate
BROOKLYN — Gwyn Clarke — telephone operator, union activist,
politician, student, teacher and mother — has established herself as a force
to be reckoned with in Brooklyn.
Political Action Chairwoman at Downstate Medical Center, where she
works nights as a telephone operator, she is president of the East Flatbush
Citizens for Community Improvement, a member of Community Planning
Board No. 17, and the first black person ever elected to the East Flat-
bush/Canarsie Community School Board.
And while building her career in public service, she also has been
successful at juggling two jobs, raising two children, and putting them and
herself through school.
“Everything I’ve worked for I’ve achieved,”’ said Clarke, with her usual
confidence and bright smile.
_ Clarke first became involved in politics in 1976 after learning the state
Division for Youth was going to open a group home on her block. The home
was to serve as a residence for adolescents who had gotten into trouble with
the law and needed a structured and highly disciplined environment.
Community group homes serve an important function,” said Clarke.
“But the community had not been informed of the plans to establish the
home, nor had the State gotten any input from the community before mak-
ing the decision,”’
She did some research and found that East Flatbush already had 17
group homes, far more than any other community in New York City. Then
she brought the issue to the local Community Planning Board, which is
ze hones for monitoring the delivery of government services to the com-
munity.
“Although we lost that battle and the group home was built, the State
placed an informal moratorium on additional group homes in East Flat-
bush,”’ Clarke said.
Gwyn Clarke's fight was worthwhile for other important reasons.
At
‘Everyone told me that a
minority person could
never be elected ... but
I felt that the real
Issues affecting the
quality of education for
our children would be
more Important than
any racial issues’
learned how government agencies get things done, and I learned a very im-
portant lesson in politics — you have to be constantly in touch with the peo-
ple in power,” she said.
Her fight also earned her respect in her community and resulted in her
1978 appointment to the Community Planning Board serving East Flatbush,
Flatbush and Brownsville. She is currently chairwoman of the board’s Hous-
ing Committee and takes great pride in apartment building rehabilitation
projects.
Last year, she took another plunge into politics.
NEW CITY — ‘‘It was a hard fight
to retain what we already have," said
Unit President Charles Maneri, ‘‘but
we were able to keep existing benefits
and ultimately achieve a fair and
equitable settlement.”
Items retained in the new three
year Town of Clarkstown contract in-
cluded longevity, Group Health Den-
tal Insurance “Plan M,”’ six annual
:personal days and vacation leave of 30
days after five years and 35 days after
twenty years.
The pact covers nearly 200
employees and was overwhelmingly
New City
contract
wins new,
keeps old
benefits
THE PUBLIC SECTOR, Wednesday, March 11, 1981
Page 12
“Everyone told me that a minority person could never be elected to the
East Flatbush/Canarsie School Board,” she said. ‘‘But I felt that real issues
affecting the quality of education for our children would be more important
than any racial issues.”
She was elected easily, becoming the first minority person ever elected
to the Board.
A CSEA member since coming to Downstate in 1966, Clarke became the
chairperson of the political action committee of CSEA Local 646 last year.
Clark’s pet project within the Local has been voter registration.
“One can never overstress the power of the vote,” she said. ‘‘But in-
dividual political activity shouldn’t stop after you vote. Every chance you
get you must meet with your elected representatives to let them know how
you feel.on issues.
“Tf you don’t, you’ll be forced to accept government actions you may not
agree with — some that may greatly affect your own life. It’s vitally im-
portant to express yourself before the government makes its decisions.”
Clarke sees organized labor as a powerful advocate of the political in-
terests of workers.
“In general, organized labor has done a good job of representing
workers in the political arena,’’ she said. “‘But with the current political
climate, labor must become more cohesive. CSEA must also become involv-
ed with other labor unions and unite with them on issues which affect work-
ing people.”
Gwyn Clarke’s political achievements are impressive. But equally im-
pressive is that while working at Downstate as a telephone operator on the
midnight-to-8 a.m. shift, she has earned an Associate of Arts degree from
New York City Community College, a Bachelor of Arts degree from
Brooklyn College, and a Masters degree in Education from Adelphi Univer-
sity.
U ctinouet an eight-hour workday is usually enough for anyone, Gwyn
Clarke doesn’t just go home and sleep after her night-long shift. She often
works as a per diem substitute teacher by day.
She took a break from this hectic schedule in 1979 to serve as executive
director of the Learning Post, a sheltered workshop for mentally retarded
teenagers.
And as if that weren’t enough, her community service activities include
membership in the New York Urban League, the National Council of Negro
Women, and the alumni chapter of the Brooklyn Delta Sigma Theta com-
munity service sorority.
She also tutors people planning to take civil service exams and has
played an active role in the Episcopal Charities Appeal.
Her two children are now attending college. Vincent is majoring in
business administration, and Veronica, a New York State Regents
Scholarship winner, is a 16-year-old sophomore at John Jay College of
Criminal Justice.
What’s ahead for the active, accomplished Gwyn Clarke? ‘‘We'll see
what’s next,” she says.
Given her energy, enthusiasm and record of achievement, it’s bound to
be something big.
ratified, according to Collective
Bargaining Specialist Ron Mazzola,
who described other major features
as:
* annual wage hikes of seven
percent, plus increments;
* upgrading highway department
employees and police radio
operators;
* establishing ‘‘salary review com-
mittee’ to investigate alleged ine-
quities of salary plan;
* guaranteeing four hours rest
period after 16 hours continuous
work;
* allowing turee days bereavement
leave for death in immediate family;
~* creating joint labor-management
safety committee, and
* settling grievances by binding ar-
bitration through the American Ar-
bitration Association.
The unit’s negotiating team, in ad-
dition to Maneri and Mazzola, includ-
ed Lorraine Weigold, Robert
Hollander and Harriet Rotherme!.
Francis X. Mascola was the town’s
chief negotiator and he was cited for
his ‘‘professionalism’’ by union
representatives,