POKER FACES OF CSEA NEGOTIATORS reveal little as they face State of New York negotiators across the table as coalition
bargaining began last week. From left are CSEA chief negotiator Atty. James W. Roemer; CSEA President William L.
McGowan; CSEA Executive Vice President Thomas McDonough; Denise Futia, a union secretary to one of the teams; Elaine
‘Todd, a member of CSEA’s Administrative Unit team; and John Conoby, union collective bargaining specialist assigned to the
Administrative Unit team. :
Coalition wage talks begin
ALBANY Contract
negotiations between CSEA and the
State of New York on behalf of 107,-
000 state employees in three
bargaining units entered another
phase last week with the start of
coalition bargaining. Since the
start of the important negotiations
late last Fall, talks had been on a
unit basis with discussions con-
cerning contract items particular
to each unit individually.
With that phase complete, all
three union negotiating teams are
now meeting together with state
representatives to discuss con-
tract items applicable to all units,
including salary and benefits, as
well as universal working rules and
conditions, ete.
Meanwhile, CSEA President
William L. McGowan labeled as
“pure press speculation’, media
reports in the Albany area that the
final. salary settlement would be
7% in keeping with President
Carter's wage and price guidelines.
“Those stories appeared even
before the teams had sat down to
discuss salary proposals, so ob-
viously they were mere
speculation. Our position is that
we're determined to get the best
salary settlement we can win, and -
frankly we're after a settlement in
excess of the guidelines, especially
for our lower paid workers who are
being eaten alive by inflation,”
McGowan said. The negotiations -
cover state workers in the Ad-
ministrative Services Unit,
Operational Services Unit, and In-
stitutional Services Unit. Contracts
for all three units expire March 31,
1979.
Unions put fast end to CETA scheme
ALBANY — Fast action by CSEA
and AFSCME has brought a quick end
to what likely would have become a
major abuse of the federal
Comprehensive Employment and
Training Act (CETA) program, the
latest dramatic demonstration of
what the two unions can achieve.,
Robert Lattimer, CSEA Region 6
President and Statewide President
William McGowan’s appointed coor-
dinator of CETA, said CSEA and
AFSCME pooled forces to put an ear-
ly end to a scheme that would have
allowed local governments to hire
CETA personnel who technically
would be private, rather than public,
employees.
The unions stopped plans by Nassau
County to form a CETA ‘“‘consor-
tium”’ as a non-profit, private cor-
poration. Under the federal program,
local governments are allowed to
create ‘‘consortia’’ — loose con-
federations of the local governments
to share the administrative
burdens involved in CETA.
CSEA Counsel Marge Karowe, of
the union’s law firm of Roemer and
Featherstonhaugh, learned that
Nassau County had plans to incor-
porate a consortium and make it the
legal employer, rather than ad-
ministrator, for the CETA personnel.
What’s more, according to Nicholas
Abbatiello, President of CSEA
Nassau Local 830, the ‘‘private’’
employees of the consortium could
not be touched by the county in the
event of layoffs.
Ms. Karowe, Mr. Lattimer and
CSEA Collective Bargaining
Specialist Paul Burch met in
Washington with Wendy L. Kahn of
AFSCME’s Office of General
Counsel. A meeting with officials of
the U.S. Labor Department was
quickly arranged.
Within days, the Labor Department
— which administers CETA — issued
orders to its Regional Administrators
that private consortia are violations
of CETA regulations and the
law.
“We caught them with their pants
down,’ Mr. Abbatiello said. “Now
we're staying on top of the situation to
make sure this scheme stays dead.”
CSEA gets
milestone
agreement
ALBANY — An unprecedented
agreement has been reached between
the Civil Service Employees Assn.
and the State of New York to use
“Last Offer Binding Arbitration”
(LOBA) to resolve any deadlocks in
current contract talks affecting about
107,000 state workers.
Under the milestone agreement an-
nounced jointly last week by CSEA
President William L. McGowan and
Governor Hugh L. Carey, any items
that cannot be resolved at the table
will be submitted to an impartial pan-
el of three arbitrators for a decision
binding upon both parties.
Thus, LOBA has replaced, on an ex-
perimental one-year basis, the
legislative hearing process which, un-
der the Taylor Law, is the final step in
resolving a bargaining dispute. Union
members would still vote on
ratification of any agreement reached
through normal negotiations. The
only difference, and it’s a major and
positive one, under LOBA would be
that instead of having management
mandate a forced contract under the
guise of a legislative hearing, the
final determination would now be
decided on a fair and equitable basis
with equal imput from the union.
“LOBA is the fairest way to
balance the restriction on the rights
of public employees to strike against
their rights to a fair settlement of
contract disputes,’’ President
McGowan said. ‘‘This agreement
could serve as a model for labor
relations in the public sector across
this country.”
Mr. McGowan, an Executive Vice
President of AFSCME, the AFL-
CIO’s largest union, said the
agreement could lead the way to
legislated improvements in the
Taylor Law to lessen the threat of
public employee strikes across the
state. It could also lead the way
nationally in this area.
“This step by CSEA and Governor
Carey,” the union leader said, “could
mark a milestone in public sector
labor relations."’
CHIEF NEGOTIATORS in current bargaining between CSEA and the State on behalf of
107,000 State workers listen intently as they field questions from news reporters during
an Albany press conference to announce the LOBA agreement. Atty. James W. Roemer,
left, is CSEA’s chief negotiator, while Meyer Frucher, as Director of the Office of
Employee Relations, is the top negotiator for the State.
Vol. 1, No. 17 25¢
_ Wednesday, January 24, 1979
Official Publication of The Civil Service Employees Association
Ruble
SECTOR
Board
election
underway
ALBANY — The CSEA Statewide Election
Procedures Committee is conducting an
election to fill the vacancy on the Board of:
Directors that was left by the recent death of
G. Geraldine Dickson.
The candidates for the board representative
of Education Department employees are:
Harry Tanser of Local 010 (New York City);
William C. Plimley of Local 657 (Albany); and
Timothy E. Drew of Local 667 (Albany).
Ballots have been mailed out to all CSEA
members in the Education Department, and
must be returned by 6 p.m. on Feb. 3, 1979.
Ballots will be counted at 10 a.m. on Feb. 5 in
CSEA headquarters, 33 Elk St., Albany, N.Y.
If a ballot is not received by Jan. 26, or if it
has been misplaced, a replacement can be ob-
tained by calling Kathy Barnes in head-
quarters, (518) 434-0191.
The winner of the election will hold the
Candidate filing deadline Feb. 20
ALBANY.— The deadline for applying for candidacy for any of the four
statewide CSEA offices or membership on the State Executive Committce is Feb.
20, 1979.
Bernard Schmahl, Chairman of the
Election Procedures Committee, has an-
nounced that only CSEA members in
good standing since June 1, 1978, can run.
Statewide offices to be filled are
President, Executive Vice-President,
Secretary and Treasurer. The State Ex-
ecutive Committee is comprised of one
or more representatives from each State
department, agency, authority or public
corporation. .
Applications for candidacy should be
submitted to: Chairman, State-wide
Nominating Committee, CSEA, 33 Elk
St., Albany, N.Y. 12207. They must be
submitted on special forms, which can
be obtained from any CSEA Local
president, or from any of the six CSEA
regional offices. They can also be obtain-
ed from Mr. Schmahl, c/o CSEA at the
above address.
The nominating -committee has the
task of selecting at least two candidates
for each office. The persons elected to
the committee are: Ida McDaniel, John
Aloisio and Bud Scudder, Sr. of the Long
Island Region; Clifton Lewis, Tyrone
Daniels and Aureliano David of the
Metropolitan Region; Sandra Deyo,
Margaret Connors and James McNutt of
the Southern Region; Edward LaPlante,
Jon Schermerhorn and Richard Weeks of
the Capital Region; Robert Greene,
Bruce Nolan and Philip Caruso of the
Central Region; and Jerry Frieday,
James Jayes and Rose Marie Saunders
of the Western Region.
Nominations for regional offices are
being conducted by regional nominating
committees. ThiS year, the regional
nominating committees will also handle
nominations for county educational
representatives on the CSEA statewide
Board of Directors.
Board seat for the remainder of Ms. Dickson’s
term, which expires June 30, 1979
Cost runs high for Legal Assistance Program
ALBANY — CSEA’s Legal
Assistance Program provides an in-
valuable service to the union’s
membership, but as the Dues
Increase Study Committee appointed
by President McGowan has learned,
this service is not without its costs.
Last year the union spent more than
one and one half million dollars to
fund the massive program. The Dues
Increase Advisory Committee learn-
ed that single expenditure — although
one of CSEA’s largest — accounts for
nearly 11 cents of every dues dollar
paid to the union
The program's goal is simple. It
provides a direct service to CSEA
represented public employees who
are faced with disciplinary charges,
bring grievances against their
employers, or who must resort to
court action to protect their contrac-
tual and legal rights. In just the state
division alone, there were 2,600 dis-
ciplinary charges’ brought against
CSEA represented employees.
While the Program's protections
mean the difference between justice
and abuse to the employees directly
involved in legal actions, the
Program plays an even more im-
portant role for those who are for-
tunate enough not to need legal
assistance themselves. The Program
serves aS a major deterrent to
management abuses of employee
rights, A strong and effective Legal
Assistance Program makes
management think twice before tak-
ing action against an employee. Par-
ticularly with a Program as effective
as CSEA’s. Despite the 2,600 proposed
disciplinary actions commenced
against state employees last year,
only 37 individuals were actually ter-
minated due in great measure to the
Legal Assistance Program.
But such protections against
q A biweekly column for and about the thousands of non-instructional employees of school districts throughout New York represented by
|) the Civil Service Employees Association. Comments and/or questions concerning non-instructional school district employees should be
i directed to Ms. Arne Wipfler, Coordinator of School Affairs, CSEA, 33 Elk Street, Albany, New York 12224.
As you know, Section 590.11 of the
Unemployment Insurance law has
i caused numerous problems for
non-instructional employees.
Although articles dealing with the
law have appeared on several oc-
casions it has become apparent
there are still some questions
regarding the appeal procedure.
First of all, anyone may apply
for benefits. This is a right
guaranteed you. However,
application for benefits does not
mean you will automatically
receive them.
If, after you have applied for
benefits, you receive notification
you are ineligible, the appeal
procedure takes effect.
The first step of the appeal
procedure involves notifying your
local unemployment office of your
desire. This can be done either in
TAPERS AT TPN I RPI ET
person or writing but must be
done within 30 days from the date
of the decision. The date of the
decision is on the form you receive
from the unemployment office, not
the date you receive the decision.
The first appeal hearing is before
an Administrative Law Judge
(ALJ). The ALJ will preside at the
hearing allowing all sides to
present their cases. Since it is a
legal procedure, you are under oath
to tell the truth. It is suggested you
answer questions concisely and to
the point, and answer only
questions that are asked.
If you receive an unfavorable
decision from the ALJ you may
appeal to the Unemployment
Appeals Board. You have 20 days
from the date of decision to file an
appeal. The appeals Board will
Page 2
THE PUBLIC SECTOR, Wednesday, January 24, 1979
RAT CR
Unemployment Insurance problems
review your records before render-
ing a decision. Although you do not
appear before the Board, you may
submit documents or other infor-
mation you feel is pertinent. q
Directions on how to file an
appeal can be found on the letters |
you receive from the un- |
employment office. It is im- |}
perative you carefully read all the
letters you receive. If you have any
questions regarding ycur decision
or any communication you receive,
call your local unemployment of-
fice.
As stated in an earlier article in
The Public Sector, CSEA is taking
the recent precedent setting cases
from the Appeals Board to the
Appellate Division. CSEA legal
staff will continue to fight this bat-
tle until a decision is reached.
management abuses are not without
costs. General Counsel retainer fees,
Regional Attorney retainer fees and
the enormous costs of proceedings in
disciplinary, grievances, lawsuits,
appeals and PERB matters add up.
While CSEA Locals pay some costs
under the program, nearly 99 percent
of the total program costs are carried
by the Statewide organization.
Breaking down the Legal
Assistance Program's costs by
Region, the Committee learned that
Regions One and Two have the
highest need for the Program with ex-
penditures of $197,000 and $204,000,
respectively. The Committee even ex-
amined the expenditures broken down
on a Local basis. Obviously, the ex-
penditures within a Region or Local
are dependent on a number of
variable factors such as number of
members served, types of member
jobs, management attitudes, etc., but
taken as a whole, they add up.
The value of a Legal Assistance
Program is a great benefit to the
membership, but as the advisory
committee on dues learned, it also
carries financial obligations.
For another look at the program,
see story on page 12.
Ms. Lowe joins
CSEA Board
ALBANY — Jo Ann Lowe of
Albany, a member of Local 658, has
been elected to the CSEA Statewide
Board of Directors representing
Public Corporation employees.
The election was ordered to fill the
vacancy left by the departure of
Richard Helmes, of the same local.
Ms. Lowe, a State Teachers’
Retirement System employee, receiv-
ed all but five of the votes cast in the
election, which was conducted by the
union's Eleetion Procedures Com-
mittee.
OFFICE OF GENERAL SERVIC
Ms. Dixon, 44
loss to CSEA
ALBANY — G. Geraldine Dickson,
a long-time CSEA member and Board
of Directors representative from the
Education Department, has died after
a long illness.
Ms. Dickson, 44, of 254 2nd St.,
Troy, was elected to the Statewide
Board of Directors as the represen-
tative of the State Department of
Education in July, 1977. She had been
president of CSEA Education Local
657 from April to July, 1977
She also served as a CSEA delegate
from her local for several years.
In addition to her job as research
assistant with the Kducation
Department, Ms. Dickson had also
been a counselor with the Troy
Neighborhood Youth Corps.
ederated She was also elected to the Direc-
Appeal (SEFA) 1979 campaign. Local 660 President Earl H. Kilmartin and Angie Pi i urer of the tors’ Budget Committee in 1977.
Local, beam as the union check is accepted by Pat Hennessey and Kathy McNamara, O! of the SEFA Memorial contributions may be
technical sta’ FA conducts a one
services and health agencies in the greater Albany area.
Owen H. Johnson
Johnson named
Civil Service
panel chairman
ALBANY — State Senator Owen H.
Johnson has been named chairman of
the Senate Standing Committee on
Civil Service and Pensions.
Johnson, whose Senate district
spans both Nassau and Suffolk Coun-
ties, was just reelected to his fourth
term. Prior to this assignment,
Johnson had chaired subcommittees
on government regulation and the
study of small business, as well as be-
ing vice chairman of the Senate
Higher Education Committee.
“Among the important issues the
Civil Service Committee will consider
are continuation of binding ar-
bitration for policemen and firemen,
agency shop, retirement system
legislation, and some changes in the
state’s civil service stature,” Senator
Johnson predicted
Chief staff people appointed to
Senator Johnson’s committee are
Ginny Brown-Waite, committee coor-
dinator, and Henry Zwack, counsel. It
is expected that the committee will
hold pertinent public hearings on civil
service and pension matters
throughout the state.
ear fund drive among state employ to provide contributions to 68 human made to the Catholic High School of
Troy Scholarship Fund
PUBLIC EMPLOYEES...
Where Would You Be
Without Them?
Larry Jackson - Medicaid Claims Examiner
Something is wrong. Very, very wrong.'The —_secuted because of the tireless work of the
payments being made by Medicaid toa certain Larry Jacksons. Unscrupulous doctors and
laboratory are escalating far too fast. Larry others now think twice before they try to bilk the
Jackson swings into action, analysing reams of public.
claims forms, computer printouts and state: Larry Jackson, a public employee. Protecting
ments. A pattern of fraud is developing and he —_your tax dollars from those who would rip them
notifies the Attorney General's office. More off
work, more analysis with the end result that an
indictment is handed down. A conviction is ob-
tained, Public funds are recovered.
Medicaid fraud has been uncovered and pro
CSI QAVESCIMTE,
the union that works for you
Public Employees where would you be
without them?
THE PUBLIC SECTOR, Wednesday, January 24, 1979
Calendar
of EVENTS
JANUARY
23 — Madison County Local 827 Executive
Board Meeting, 7:30 p.m., Wamps-
ville Highway Garage.
26 — Oneida County Local 833 Party to
Honor 1978 Retirees, 7 p.m. Lewis
House, Route 233, Westmoreland.
29 — Region V CETA Committee Meeting,
6:30 p.m., Sheraton Motor Inn.
Thruway Exit 37 at Electronics
Parkway, Syracuse
REGION 1 — Long Island Region
Region
(516) 691-1170
Irving Flaumenbaum, President
Ed Cleary, Regional Director
REGION 2 — Metro Region :
; (212) 962-309
Solomon Bendet, President
George Bispham, Regional Director
REGION 3 — Southern Region
(914) 896-8180
James Lennon, President
Thomas Luposello, Regional Direc-
tor
REGION 4 — Capital Region
} (518) 489-5424
Joseph McDermott, President
John Corcoran, Regional Director
REGION 5 — Central Region
(315) 422-2319
James Moore, President
“O, WHAT A TANGLED WEB WE WEAVE...” 9% worcer Scott]
Frank Martello, Regional Director
REGION 6 — Western Region
(716) 634-3540
Robert Lattimer, President
Lee Frank, Regional Director
KEEP CSEA INFORMED ON MAILING ADDRESS
In the event that you change your mailing address, please fill out the below form and send
to
CSEA, Inc., P.O. Box 125, Capitol Station,
Albany, New York, 12224.
This form is also available from local presidents for CSEA members, but is reproduced here
for convenience, It is to be used only by those CSEA members or agency shop payors who
are currently employed as civil service workers or by those retirees who are paying full
active membership dues ;
Change of Address for ‘The Public Sector’
My present label reads exactly as shown here
Nome Local Number
fags eR eT SO le I Le a
City State Zip
MY NEW ADDRESS IS:
Street
Ay a ee ye ____ State Zip
Agony whats employed oe eee ree ee ee ee
te Agency No. ——___
My social security no,
® Public
SSECTOR
Official publication of
The Civil Service
Employees Association
33 Elk Street,
Albany, New York 12224
<4
The agreement between CSEA
and Governor Carey to institute
Last Offer Binding Arbitration if
an impasse develops «in current
negotiations over new contracts
covering some 107,000 state
workers is most significant, and
may yet prove to be nothing short
of historical in terms of public
employee negotiations.
The Associated Press
enthusiastically said ‘‘The decision
appeared to be a coup for the
CSHA,
Even though LOBA is ex-
perimental in nature under the
agreement, there was plenty of ex-
pectation noted in a press con-
ference called to announce the
agreement, expectation which if
met will certainly elevate the
Published every Wednesday by Clarity Publishing, Inc
Publication Office, 75 Champlain Street, Albany, N.Y. 12204 (518) 405-4591
Thomas A. Clemente—Publisher
Roger A. Cole—Executive Editor
Dr. Gerald Alperstein — Associate Editor
Oscar D. Barker—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
Page 4 THE | PUBLIC SECTOR, ‘Weedndsday - Jarivary 2ay1979
Historical event
Everybody knows “14”’ follows “‘13"', but that fact doesn’t always take into account the ‘‘gremlin’’ that occasionally.
creeps in to disrupt a process. It must have been that gremlin that’s responsible for the sequential numbering of The
Public Sector going from No. 13 to No, 15. In any event, there is no issue No. 14. Blamc it on the gremlin, we are.
agreement to historical status.
CSEA president Bill McGowan saw
the LOBA agreement as paving the
way for legislative changes in the
Taylor Law to lessen the threat of
public employee strikes, and went
on to say the agreement could set a
national trend. State Director of
the Office of Employee Relations
Meyer Frucher said he expects the
LOBA agreement “‘will have far
reaching implications in public sec-
tor labor relations in New York and
throughout the country.’ From
such things are historical moments
made, (R.A.C.)
in our
Opinion
The Public Sector (445010) is published
every Wednesday except January 3, July
4, August 8 and November 28, 1979, for $5
by the Civil Service Employees
Association, 33 Blk 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
12024, A
Publication office, 75 Champlain Street,
Albany, New York, 12204. Single copy
Price 25:
22 bills receive
_union’s support
By Dr. Gerald Alperstein
The CSEA Legislative and
Political Action Committee has
approved the bills the union will
back in this session of the State
Legislature. The approval came at
the Jan. 12 meeting of the com-
mittee in Albany.
Those bills under consideration
by the legislature which CSEA is
supporting and bills which CSEA
will work to be proposed follow:
Right to strike. This bill would
redefine strike and other job ac-
tions to permit public employees to
strike unless the actions would
cause “‘irreparable injury to
health, safety and welfare,”
Agency shop. This bill would
make the agency shop permanent
and mandatory for all public
employees in New York State.
Two for one. This bill would
remove the penalty of the loss of
the second day’s pay for each day
of a strike. Strikes would still be il-
legal under this law.
Payment of strike fines. This bill
would require public employers be
given credit for normal
withholding taxes in computing
strike fines.
OSHA. This bill would (1) apply
the federal safety and health stan-
dards to government in New York
State; (2) allow a union or an
employee to make complaints
about the safety or health con-
ditions on the job which would re-
quire an OSHA inspection; (3) per-
mit a union to have its represen-
tative accompany the OSHA in-
spector; (4) provide criminal
penalties for OSHA violations; and
(5) all the tagging of dangerous or
unsafe equipment which could then
not be used while the tag was in
place
Strike liability. This bill would
exempt a union from strike
penalties if the strike was provoked
by an improper employer practice.
Restraining order notice. This
bill would require a striking union
to be notified of a public
employer’s application for a
preliminary injunction or tem-
porary restraining order and would
give the union the opportunity to be
heard.
Contract grievances. This bill
would state the policy of the State
Legislature to be in favor of public
employers and unions settling con-
tract grievances with final binding
arbitration.
Employee indemnification. This
bill would provide expanded finan-
cial protection to some public
employees from law suits resulting
from the performance of their
jobs.
Negotiating disciplinary
procedures. This bill would prevent
the public employer other than the
State, when imposing a contract at
impasse, from changing dis-
ciplinary procedures from those
specified in the Civil Service Law
and would reaffirm the right of
those public employers and unions
to negotiate disciplinary
procedures.
Title classification. This bill
would restore to the Civil Service
Commission the power to deter-
mine which titles should be placed
in unclassified service in the State
University.
Pension fund investments. This
bill would allow public employee
unions to veto the investment of
pension fund moneys to particular
investments.
Institutional teachers. This bill
would mandate a permanent school
year for teachers in mental
hygiene and correctional facilities.
THE JANUARY MEETING OF
THE CSEA Legislative and
Political Action Committee in
Albany were (from left) John
Lucas, retiree; Stanley Polanski,
Region IV; chairman Martin
Langer, Region 11; and secretary
Kileen Carroll.
CSEA LEGISLATIVE AND POLITICAL ACTION DIRECTOR Bernard
Ryan (left) introduces AFSCME lobbyist William Holtzman to the tA
which Ryan heads.
Legislative and Political Action Committee at its January meeting.
Holtzman works with the new AFSCME Legislative Office in Albany,
ws
CSEA ATTORNEY STEPHEN WILEY (left) explains the finer points of
legislative positions as Ruth Braverman and William Le
is, both of
Region I, listen at the January meeting of the CSEA Legislative and
Political Action Committee.
School bus expenses. This bill
would allow school districts to
receive state funds for bus service
based on the same criteria whether
the district runs the buses or con-
tracts out. The present law gives
the districts a better break with
contracting out.
Contract expiration, This bill
would keep all terms of an expired
contract in effect until a new con-
tract is negotiated, even though the
contract may have expired.
Court employee job protection.
Employees of the courts which
were merged into the State courts
be placed into their new
CSEA backing three retiree bills
ALBANY — CSEA will support three pieces of
retiree legislation during this session of the State
Legislature, the union’s Legislative and Political
Action Committee voted at its December
meeting in Albany.
One bill would provide a $2,000 death benefit
for State employees who retired before 1966. The
benefit already exists for State employees who
retired since 1966.
The other two bills concern additional
a SPA RN RN RSE
supplementation for those public employees and
retirees covered by the State Retirement System
or the Police and Firemen’s Retirement System.
One bill would increase the present supplemen-
tation by one percent and extend it to those who
retired between April 1, 1969 and Dec. 31, 1971.
The other bill would provide permanent cost-
of-living adjustments to supplementation for
Tier I and II retirees covered by the two
RI coe AT amas
retirement systems.
classification without competitive
examination if they have held the
position for at least one year.
Pension buy-backs. Three bills
would permit State pension buy-
backs as follows:
— World War II veterans who
were New York State residents at
the time of enlistment for their
time in service during the war.
— Korean War veterans who
were New York State residents at
the time of enlistment for their
time in service during the war.
— University of Buffalo
employees, who were employed by
the university at the time of it
becoming part of the State Univer-
sity.
Sullivan County retirement. This
bill would permit some Sullivan
County deputy sheriffs to retire
after 20 years.
Suffolk County retirement. This
bill would implement the
retirement plan for Suffolk County
district attorney investigators.
Sanitary science. This bill would
create the profession of sanitary
science and would require
professional certification for per-
sons working in certain public
health jobs in State and local
governments.
———————
ee
THE PUBLIC SECTOR; Wednesday, January 24,°1979
PagerS
ALBANY — As reported in
last week’s issue of The Public Sector
the Appellate Division of State Supreme Court
has remitted back to the State Public Employment
Relations Board the matter of last April’s disputed
representation election involving the PS&T bargaining un-
it. The court ruled that PERB did not conduct a reasonable
investigation into CSEA charges that the rival union, PEF,
utilized forged signatures on designation cards to gain the
representation election. And, in an unusual action, the
court ordered records turned over to the Albany County
District Attorney that pertain to one John Kraemer,
currently interim president of PEF, ‘for ... examination
and such action as he may deem appropriate.’ The
Albany Knickerbocker News highlighted that court
position on its page one story, as can be seen in the accom-
panying copy. Following is the majority Appellate Division
opinion, written by Justice T. Paul Kane.
On August 31, 1977, PEF filed a petition for decertification of CSEA as the
exclusive bargaining representative for the PS&T unit and certification of
PEF as its bargaining agent. In order to file such a petition, PERB required
that the petition be supported by a showing of interest of at least 30% of the
employees in the unit already in existence (4 NYCRR 201.3 [e]). In compliance
therewith, PEF filed signature cards and/or petitions allegedly representing a
30% showing of interest. On October 4, 1977, the assistant director of Public
Employment Practices and Representation determined that PEF had made
the necessary showing. On October 7, 1977, CSEA formally requested that
PERB conduct a signature comparison to determine whether PEF had actual-
ly established a 30% showing of interest. This request was denied.
On October 26, 1977, the director of Public Employment Practices and
Representation (director) determined that the petition which had been filed by
PEF was timely and ordered an election in the PS&T unit. In January of 1978,
CSEA sought to stop this election by seeking actual authentication of the
signatures comprising the showing of interest. This attempt to gain judicial
review was dismissed by Special Term pursuant to section 213 (subd. {b]}) of
the Civil Service Law. The election, conducted by PERB, was held in April of
1978. PEF won with a vote of 15,062 to CSEA’s 12,259.
CSEA promptly filed objections to the election. During the post-election
hearing, hearsay evidence of forgery in the showing of interest was elicited.
CSEA, therefore, joined complaints of fraud and forgery to its earlier attack on
the sufficiency of the showing of interest. After a protracted hearing which
resulted in a voluminous record that included the receipt in evidence of
numerous exhibits, the director, by decision dated July 20, 1978, overruled all
objections filed by CSEA. This decision was affirmed by PERB on September
27, 1978, and it concurrently certified PEF as the representative of the PS&T
unit. Certification of PEF as the representative of the PS&T unit has been
stayed pending this proceeding and dues deductions are being held in escrow
during this period. Consolidated with this appeal are CSEA’s challenges to both
the ruling of Special Term, which dismissed its petition in March, and the
September order of PERB certifying PEF as the representative of the PS&T
unit. The issues raised fall into three broad categories: (1) defects in the show-
ing of interest, (2) favoritism on the part of the State towards PEF, and (3) the
ineligibility of any union to have challenged CSEA’s representation of the
PS&T unit at the time PEF filed its certification petition (timeliness of the
petition). Considering these issues in their inverse order, we address ourselves
first to the effect of subdivision 2 of section 208 of the Civil Service Law on the
timeliness of PEF’s petition under the facts presented.
CSEA entered into a contract with the State on behalf of the PS&T unit for
the period April 1, 1973 through March 31, 1976. The same parties subsequently
entered into a new contract for a term beginning April 1, 1976 and ending
March 31, 1978. On June 3, 1977, the parties-executed a new two-year
agreement to cover from April 1, 1977 to March 31, 1979. At issue is the effect of
subdivision 2 of section 208 of the Civil Service Law when a two-year contract is
revised in its second year so that the agreement will continue in existence for a
third year.
Subdivision 2 of section 208 of the Civil Service Law states:
Page 6
THE PUBLIC SECTOR, Wednesday, January 24, 1979
An employee organization certified or recognized * * * shall be entitled
to unchallenged representation status until seven months prior to the ex-
piration of a written agreement between the public employer and said
employee organization determining terms and conditions of employment.
For the purposes of this subdivision, (a) any such agreement for a term
covering other than the fiscal year of the public employer shall be deem-
ed to expire with the fiscal year ending immediately prior to the ter-
mination date of such agreement, (b) any such agreement having a term
in excess of three years shall be treated as an agreement for a term of
three years and (c) extensions of any such agreement shall not extend the
period of unchallenged representation status.
CSEA submits that the correct interpretation of this subdivision requires
that the total three-year period from April 1, 1976 through March 31, 1979 con-
stitutes the measuring period for determining the length of unchallenged
representation status provided for in the statute. Therefore, the protected
status should continue until seven months prior to the expiration of the third
year covered by contract, i.e., until August 31, 1978. This construction would
make the instant PEF petition filed on August 31, 1977, untimely and require an
annulment of PERB’s certification of PEF as the representative of the PS&T
unit.
It is CSEA’s argument, in which the State joins, that paragraphs (b) and
(c) of subdivision 2 of section 208 of the Civil Service Law must be read
together. The bar to continuing exclusive representation status would,
therefore, be applicable only when a contract extension exceeded the three-
year limit.
PERB, on the other hand, characterizes this interpretation of the statute
as “strained and contrary to the clear policy of the law.’’ It has, in effect,
adopted the position of the National Labor Relations Board (NLRB) on similar
questions in the private sector wherein it has held that a premature extension
of an employment agreement does not extend the period of unchallenged status
beyond that which resulted from the duration of the original contract (Deluxe
Metal Furniture Co., 42 LRRM 1470).
While the intent behind subdivision 2 of section 208 of the Civil Service Law
is unclear and both sides present what may be considered reasonable in-
terpretations thereof, we adhere to the basic rules that the construction given a
statute by the agency responsible for its administration should not be lightly
set aside (Matter of Ward v. Nyquist, 43 N Y 2d 57; Matter of Lezette v. Board
of Educ., 35 N Y 2d 272), and should be upheld if not irrational or unreasonable
(Matter of Howard v. Wyman, 28 N Y 2d 434; Matter of Elmsford Transp.
Corp. v. Schuler, 63 A D 2nd 1036). Accordingly, we sustain PERB’s finding
that the petition was timely filed.
The charge of favoritism on the part of the State towards PEF is
founded upon the prolonged retention on the State payroll of one John
Kraemer as a ‘‘no-show employee’. For at least six years prior to March
30, 1976, this individual enjoyed a special status at the Department of
Labor wheréby he devoted his energies to union affairs on behalf of Ser-
vice Employees International Union (SEIU) and later PEF while being
paid by the State. Efforts to cure this impropriety were met with un-
fulfilled promises or open difiance until March 30, 1976 when steps were
taken to eliminate the special treatment being given to Kraemer, then a
prominent PEF official. Thereafter, he used accumulated leave credit to
pursue his ‘‘other interests’, but when the available credit was exhausted
he still remained among the missing. As a result, his salary was withheld
and he received an unsatisfactory work performance rating for the year
1977. At the time of this proceeding, his employee status was unsettled.
However, it is clear that disciplinary measures have not been instituted
by the Industrial Commissioner because, as he explained at the director's
hearing, he felt the disciplining of a prominent PEF official would be in-
appropriate during a contested election campaign. PERB accepted this
decision of the Industrial Commissioner as a reasonable one under all the
circumstances, and while we do not pass upon the wisdom of this choice,
we cannot say it was unreasonable.
While the record contains hundreds of pages of testimony relative to
the status and activities of Kraemer and his varicus confrontations with
his superiors, the director excluded from consideration all activities
prior to August 31, 1977, the date on which PEF filed its certification
petition. PERB has adopted this position and in our view it is a sound one.
Otherwise, investigations of election interference could become history
lessons. Moreover, we conclude that there is substantial evidence to sup-
port PERB’s finding that CSEA has failed to establish any impact on the
election arising from the conduct of State officials during the campaign,
and John Kraemer in particular. We recognize that his mere presence on
the scene coupled with the notoriety of his high-level connections could in-
fluence others, but this alone is not enough to overturn the results of an
election. However, this pattern of shameless conduct over a period of
years strikes at the very heart of the governmental process and mandates
close scrutiny by the appropriate prosecutorial authority. We note that
the record contains a copy of a letter, dated May 23, 1978, from the
District Attorney of Albany County to the counsel for CSEA requesting
any information concerning these matters. Accordingly, we direct that
the original record herein be made available to the office of the District
Attorney of Albany County for his examination and such action as he may
deem appropriate.
Fede acting Pub. spec
Kraemer o"(PEF) Pree Lage
In determining the alleged defects in the showing of interest, we are called
n to examine a multitude of particularized charges both substantive and
jcedural in nature. Some of these objections to PERB’s determination that
F's showing of interest was sufficient raise troublesome questions. At the
shold is CSEA’s contention that the 30% showing of interest requirement
er@ERB’s rule (4 NYCRR 201.3) is a jurisdictional prerequisite to obtain-
a representative election. In rejecting this argument, PERB relied upon its
rule that the director's determination as to the timeliness and numerical
iciency of a showing of interest is a ministerial act not reviewable by the
rd itself (4 NYCRR 201.4{c]). Again, PERB has adopted the reasoning of
NLRB, which has held that the sufficiency of a showing of interest in the
vate sector is not a jurisdictional prerequisite to the election (NLRB v.
isville Chair, 385 F 2d 922, 926). The process is one of administrative con-
ence and we reject CSEA’s contention on this issue.
We also reject CSEA’s constitutional argument that it has a constitutional-
rotected interest in continuing as the exclusive bargaining agent for the
T@nit. The right to organize and bargain collectively belongs to the public
ployees (Civil Service Law, §§ 202, 203). The union’s rights are limited to
ise specified under section 208 of the Civil Service Law which does not create
‘operty interest of constitutional dimensions (cf. Board of Regents of State
leges v. Roth, 408 U.S. 564). CSEA also challenges the constitutionality of
division (b) of section 213 of the Civil Service Law which prohibits judicial
liew of any orders made by PERB or its agents until the order of cer-
ation is made. While delay in judicial review may create undue burdens
mn a party, the wisdom of withholding review of questions which may be
ted by an election has been recognized in this State (see New York Public
rest Research Group v. Carey, 42 N Y 2d 527; Matter of McCabe v. Voorhis,
N@. 401). Since there is a reasonable basis for this provision, its con-
lutionality must be sustained.
Of greater substance are the issues raised by CSEA’s claim of sub-
intial forgeries in PEF’s showing of interest and PERB’s dismissal of
ie claim of forgery for lack of evidence. The issue was raised
reliminarily, but CSEA’s request for investigation by PERB was denied
x matters of policy. However, at the post-election hearing CSEA
resented testimony from a former member of New York State United
‘eachers (NYSUT) and co-editor of PEF’s campaign publications that he
as told the showing of interest contained some 5,000 forged names and
no@er 5,000 names from outside the PS&T unit. The sources of this in-
mation were revealed and their testimony was made part of the
lecord, The evidence presented was either hearsay or direct denial of any
rongdoing or knowledge thereof. It was established, however, that
EF’s showing of interest did include 5,000 names from outside the PS&T
init, but these names were not counted in arriving at the 30% re-
juirement.
While the ‘‘bandwagon”’ effect of these additional names is questioned by
‘A, it was the claim of forgery that created enough uncertainty in the mind
he director to cause him to conduct his own investigation of the serious
irg@s made (4 NYCRR 201.4{e}). In his report the director had stated that
this point in my investigation there is now sufficient objective and circum-
Intial evidence to warrant going forward, and I have done so in a manner
ich preserves the confidentiality of the showing of interest.” It is the
inner in which that investigation was conducted that arouses a certain un-
iness in reviewing PERB’s ultimate determination that the election
resented a genuine expression of the free choice of the voters. The director
jaged a handwriting expert who was given examplars of four people involv-
n the PEF campaign. After reviewing approximately 1,000 signatures in the
wing of interest, which were not randomly selected, the expert concluded
it there was no evidence of common authorship in the showing of interest.
ing made the decision to investigate the question of forgery, the director
Alb,
any, N.Y. Friday, Jonvary 12, 1971
strict A “For
rg is torn at lea,
Hic Employees Nstigating acting oS2) March 30, rg ¢'* Years prior tp
ident Jone deiner
.” Krae
fatus at the Denar
Cc
ker News
9 im
e
t
was bound to proceed in a manner reasonably related to the result sought to be
achieved. ‘He did not do so. The method used by the director’s handwriting ex-
pert merely disproved a particular method of forgery rather than the presence
of forgery.
CSEA had repeatedly urged that the director take a random sampling
of the signature cards in the showing of interest and have those
signatures checked against known signatures of the employees in order to
determine their authenticity. This method would have required the
checking of only 450 signatures and would have determined the total
number of forgeries in the showing of interest within a 5% margin of
error. Quick, simple and inexpensive, this method would have resolved
any lingering doubts as to the validity of PEF’s showing of interest. The
record fails to disclose any reason for the rejection of this seemingly
foolproof method of deciding an issue critical to the resolution of the ul-
timate question presented. Accordingly, we find there is presented for
our determination more than a mere review of the choice of the methods
selected by the administrative agency (see Civil Service Law, § 213;
»Matter of Town of Clay v. Helsby, 51 A D 2d 200, 204-205). When the
method available is measured against the one selected, the action taken
lacked a reasonable basis upon which to determine the presence of forged
signatures. Thus it was arbitrary and capricious. Moreover, we further
reject PERB’s argument, in which PEF has joined, that the election
itself has cured any defects in the showing of interest. This argument is
certainly not appropriate when the issue, as here, is the extent to which
fraud has poisoned the electoral process. A substantial forgery would, of
course, taint the election results and should not go unchallenged (cf.
Town of Babylon v. Local 100, Service Employees International Union,
AFL-CIO, 6 PERB, Par, 3047, p. 3089).
Finally, we reach the issue of PEF’s status as an ‘‘employee
organization’, which is defined as an organization of any kind having as its
primary purpose the improvement of terms and conditions of employment of
public employees (Civil Service Law, § 201, subd. 5). CSEA makes a strong
argument that PEF does not meet this definition because it is not an
organization at all since it has no membership, no employees, no bank ac-
counts, no officers, nor any indicia of an organization. It further argues that
PEF'’s only purpose is to supplant CSEA. While PERB has found that PEF was
created as a vehicle through which NYSUT and SEIU could jointly supplant
CSEA as the representative of State employees, this is not inconsistent with its
primary purpose of improving the terms and conditions of employment for
public employees. PERB also found that since a substantial number of public
employees indicated their desire to become members of PEF, current
membership is not controlling. While this reasoning may seem circular, it is
reasonable and supports a more liberal construction of the term ‘‘employee
organization’’; one that is preferred by PERB and followed by the NLRB in the
private sector (Indiana Metal Products Corp. v. NLRB, 202 F 2d 613). We,
therefore, sustain PERB’s finding on this issue.
Accordingly, and for the reasons stated, the judgment of Special Term
should be affirmed, and the determination of PERB that the procedure used to
determine the question of forgery in the showing of interest was reasonable
and fairly conducted and that there was no reason to consider CSEA’s objec-
tions to that procedure is annulled.
In Proceeding No. 1, the judgment should be affirmed, without costs.
In Proceeding No. 2, the determination should be annulled, without
costs, and the matter remitted to the Public Employment Relations
Board for further proceedings not inconsistent herewith and the stay of
certification to be continued.
THE PUBLIC SECTOR, Wednesday, January 24, 1979
Page 7
Heck Local
blasts State
SCHENECTADY — Officials of
CSEA Local 445, O.D. Heck, De-
velopmental Center, have publicly
charged the State Office of Mental
Retardation and Developmental
Disabilities with reneging on its
responsibilities in the transferring of
100 clients from the Rome and Wilton
Developmental Centers to the O.D.
Heck Center by the end of this month.
Union members, parents of
clients and concerned citizens are
scheduled to protest the transfers
with a demonstration outside the
OMRDD at 44 Holland Avenue,
Albany, on January 23rd between
noon and 2 p.m.
Meanwhile, in a strongly worded
statement, Local 445 officials charged
the influx of 100 additional clients
“will rapidly erode services for
retarded people in the Capital District
area...
“CSEA Local No. 445 has long been
supportive of community based
programs, accomplishing re-
settlements and providing quality
care for our clients. However, the
massive immediate transfers of one
hundred clients from Rome and
Wilton Developmental Centers to
O.D. Heck . . . will rapidly erode ser-
vices for retarded people in the
Capital District area. Conditions at
O.D. Heck and in our community
programs have been deteriorating for
a long time. . . . The Office of Mental
Retardation and Developmental
Disabilities has reneged on its respon-
sibility to provide enough staff and
resources to do the job.
“It is absurd to assume that this
agency can provide services for one
hundred additional clients when we
cannot adequately serve our present
client population. The com-
missioner is playing political “‘ping-
pong”’ with the lives of developmen-
tally disabled people. We condemn his
actions and demand that he descend
‘from his ivory tower and put a halt to
this horrendous situation.””
| PRESIDENTS AND REPRESENTATIVES from CSEA Region V Mental Hygiene facili
q review progress made in 1978 and to discuss plans and objections for 1979. Shown left to
pene SCE ET
gathered recently in Syracuse to
ht around table are: Roger Pier-
sall, President, Utica Psychiatric Center; Audrey Snyder, President, Hutchings Psychiatric Center; Hugh McDonald,
President, Willard Psychiatric Center; Eric Laustsen, representing Syracuse Developmental Center; Andy Ellis, Vice-
President, Broome Developmental Center; Ray Pritchard, President, Rome Developmental Center.
Local reports staffing ‘dangerously low’
UTICA — In a report compiled
and submitted by the President of
CSEA Local 414 at Marcy
Psychiatrie Center to union head-
quarters in Albany, the staffing at
Marcy Psychiatric Center and
Utica Psychiatric Center is
reportedly at a ‘‘dangerous low’
and, at times caused a “‘denial of
adequacy of patient care.”
The report released by Charles
Noll, Local 414 President, also call-
ed attention to the additional sixty
job items which are expected to be
lost between the two state
facilities. Richard Heath, Director
of both facilities, replied to the
Noll report by saying those job
items were unfilled job slots.
The report also contains an
August, 1978, petition signed by
employees in the Geriatric Medical
Surgical Unit which states
“immediate attention must be
given to the staffing of our unit if
adequate patient care is to be
maintained.’’ The petition further
states ‘‘Our census per ward
averages 28-30 patients with staff-
ing usually ranging from 3-4
employees. Many weekends have
been covered with only two
employees.’’ The work pace ‘‘is
physically and mentally ex-
hausting,”’ the employees wrote.
The report also included an Oc-
tober 28 letter from the former
president of the Marcy Board ot
Visitors, which supported the
charge of understaffing by the
report. In her letter Mrs. Jean
Devisser said the staffing situation
at Marcy has caused ‘‘a very
serious deficiency’’ in the
operation. Mrs. DeVisser cited
situations where one nurse and one
aide were caring for 20 to 24
patients, ‘‘a physical impossibility
and a denial of adequacy of patient
care,’ she said.
Noll indicated that he and other
CSEA officials familiar with men-
tal hygiene facility operations were
planning to meet with Governor
Carey to discuss staffing at the
facilities. e
Dunlop worker wins reinstatement
ALBANY — A CSEA member has
won three and a half months of full
back pay and benefits as a result of
legal action taken by the union.
Helen Winslow, a psychiatric social
worker at Dunlop Manhattan
Seminar deadline February 2
ALBANY — Februar
coupon in order to aitendl
2 is the deadline for returning the accompanying
a CSEA Legislative Seminar from 9 a.m. to 4 p.m.
on February 10 at the Convention Center of the Rockefeller Mall complex
here.
The union's 1979 legislative program and strategy will be spelled out
in detail during the seminar.
CSEA Legislative Seminar
FEBRUARY 10, 1979
Return te: Bernard Ryan, CSEA Room 2020
99 Washington Avenue
Albany, N.Y. 12210
NAME
ADDRESS
city . STATE. IP
POSITION IN UNION LOCAL NO,
LOCAL PRESIDENT’S SIGNATURE
Return by February 2, 1979
‘Page-8
THE PUBLIC SECTOR; Wednesday, January 24,1979
Psychiatric Center, was placed on
leave without pay even though her
doctor judged her fit to return to work
due to the state’s failure to schedule
its own medical examination for her.
When CSEA took her case to ar-
bitration, union attorney Majorie E.
Karowe pointed out that CSEA’s
current Professional, Scientific and
Technical Services bargaining unit
contract with the state protects
employees from being kept away
from their jobs unnecessarily while
the state schedules examinations to
see if the employee is fit to return to
work.
The contract says: ‘‘When the State
requires that an employee who has
been absent on sick leave be examin-
ed by a doctor selected by the ap-
pointing authority before such
employee is allowed to return to
work, the appointing authority shall
make a reasonable effort to schedule
such examination by an appropriate
medical officer within five working
days of the date upon which notice is
received that the employee has the
approval of his own physician to
return to work.”’
Ms. Winslow produced a note from
her own doctor pronouncing her fit on
Oct. 5, 1977. The Department of Men-
tal Hygiene, under state Civil Service
rules, then had the right to require
her to be examined by a state doctor
— at state expense — before allowing
her to return to work, but the
Employee Health Service (EHS)
refused to schedule this examination,
relying instead on an EHS doctor’s
earlier judgment that she would not
be ready to return to work until
January, 1978. She was placed on @
leave without pay until then.
Ms. Karowe argued before ar-
bitrator Rodney E. Dennis that the
EHS is an agent of the appointing
authority and, as such, obligated to
adhere to contract requirements. She
also noted that the contract requires
that if the state chooses to examine
employees to determine their fitness
to return to work, it must make a
reasonable effort to schedule that ex- @
amination within five days of the date
the employee supplies medical data
that he or she is able to return.
“The state refused to schedule an
examination for this grievant when
she properly requested it,’’ Ms.
Karowe said.
In his written decision on the
matter, the arbitrator said of the
EHS: ‘‘Clearly, it is required to live
by the contract.’ He added, “The
grievant did produce a statement
from a recognized professional in her
field that she was capable of resum-
ing her duties. The state should have
erred on the side of providing too
many examinations, rather than too
few. . . . The state should have given
the grievant an opportunity to be re-
examined in October, 1977.”
Mr. Dennis ordered Ms. Winslow to
be reimbursed for all lost wages and
benefits from Oct. 10, 1977 to Jan. 31,
1978.
eee
. Retroactive pay won in Region Ill
FISHKILL — Three different
groups of court employees are getting
retroactive paychecks shortly, thanks
to the efforts of their union, CSEA.
The employees of the courts of the
city of Middletown and Rockland
County, who became employees of the
state’s unified Court System on April
1, 1977, will receive retro checks for
the period April 1, 1977 through Dec.
31, 1978. From Jan. 1, 1977 through
March 31, 1977, the employees were
covered by new City of Middletown
and Rockland County CSEA Unit con-
tracts, respectively. But when they
became state employees, the state Of-
fice of Court Administration (OCA)
refused to accept those new con-
tracts, and thus refused to give the
employees the benefits of those con-
tracts.
After months of discussions with
the union, the OCA has finally agreed
to accept the new contracts,
specifically giving the employees
raises retroactive to April 1, 1977. The
OCA target date for payment is Feb.
14th,
In addition, the Middletown group
will receive the benefits of the recent-
ly ratified CSEA coalition contract
covering themselves and seven other
court jurisdictions in Judicial District
Nine. That contract, which is retroac-
tive from April 1, 1977 and extends
through April 1, 1980, will be im-
plemented shortly by action of the
state legislature. :
The other District-Nine court-
employees group to be affected by a
CSEA-contract recently is the City of
Mt. Vernon employees, who will
shortly be ratifying a contract iden-
tical to the District-Nine coalition
contract, except that the Mt. Vernon
employees will receive a flat location-
pay differential of $950 per year, per
employee. The union negotiators are
strongly recommending ratification
of the tentative agreement, which
was reached Jan. 9 with the OCA.
The Mt. Vernon group could not be
included in the coalition bargaining
because incumbent union CSEA was
being challenged by the Service
Employees International Union for
the right to represent those
employees, As soon as CSEA beat
SEIU in the representation election,
negotiations began.
than $13,200.
were:
Authority; and Richard
Mayfield,
Agriculture and Markets
Vehicles.
Thirteen State employees receiv-
ed a total of $910 in cash awards in
December for money-saving ideas
submitted to the New York State
Employee Suggestion Program.
The program is administered by
e the State Department of Civil Ser-
vice. Estimated first-year savings
from these suggestions total more
Award Recipients in December
¢ $180 — Irvin C. Nawrocki, Ger-
mantown, East Hudson Parkway
Serviss,
Department of
@ ¢ $100 — William Szumiloski,
Schenectady, Department of Motor,
¢ $60 — William J. Smith, Scotia,
Department of Public Service
¢ $50 — Edward L. Barnard,
Albany, Agriculture and Markets;
and Anna Marie Gallo, Brooklyn,
Department of Social Services.
* $35 — Patricia R. Bartow,
East Chatham, Motor Vehicles.
¢ $30 — Elsie M. Gillan,
the $35 award); Linda Laurange,
Chatham, Insurance Department;
Ruth B. Potter, Wells, Department
of Transportation; Gary W.
Townsend, Bronx; Social Services,
Cash award winners also receive
Certificates of Merit. Certificates
cf Merit also were awarded to
Janice Dougherty, Brooklyn, and
Joyce R. Simon, Flushing, both of
Rensselaer,
Department.
° $25 — Patricia R.
UTICA — Pointing out that
the Oneida-Herkimer County
area is the only metropol-
itan region in New York
State currently with-
out an operating Health
Maintenance Organization
(HMO), Fort Schuyler CSEA
e Local 014 President James
Currier has invited all other
area CSEA Local presidents
to attend a meeting of people
interested in initiating an
HMO in Utica. Currier
represented CSEA at an in-
itial planning session last
month, and is seeking to ex-
pand CSEA participation
“Based upon information
e gathered at that meeting plus
talking to some of our
Education
East Chatham, (who also received
Bartow,
State.
members who are in HMO’s
in other areas, I would like
CSEA people to get behind
this project and push it into
fruition. I have a member in
my Local who was in the
Syracuse HMO until recently
transferring to Utica. He paid
less than a dollar more a pay
period to belong to the HMO,
but is now facing a $1,000 out-
of-pocket maternity expense
because the Blue Cross-Blue
Shield coverage is so poor
With the ever escalating cost
of medical care and the oc-
casional lack of care
available, we have an
obligation to seek out the best
service at the lowest cost for
our membership,’’ said
Currier
and a joint award to Carol Somers,
Nassau, and Jean Diffenback,
Albany, both of the Department of
Department of Labor.
« HMO-interest meeting called
“The vision I have is to put
together an HMO in this area,
then over the long term open
satellite offices in the North
Country in places like Water-
town, Ogdensburg, Tupper
Lake, and other locations
where we have a con-
centration of members. It’s a
very lengthy process, but in
the long run should be well
worth it to our membership.
The HMO concept is an
idea whose time has come
and we have a unique oppor-
tunity here to be a driving
force behind a project of
tremendous benefit to the
general citizenry as well as
our own members,” Currier
stated
Motor Vehicles; and Anne E. Duf-
fy, Liverpool, and Myron P.
Hellmann, Coran, both of the
ERNST STROEBEL, right, President of
Labs and Research CSEA Local 665, was
among recent winners of a cash award and
certificate of merit under the State
Employee Suggestion Program.
receives a check for $25 and his ce
from Felix Heilpern, administrative offi
Stroebel’s suggestion concerned the re
nearly 300,000 envelopes, saving the State
some $4,000,
Fallsburg at impasse
FALLSBURG — An impasse has been declared in
negotiations between the Town of Fallsburg and the
Fallsburg Unit of the Civil Service Employees
Association which represents about fifty of the Town's
employees. ee
The Town will request a State-appointed mediator
to intervene. The issues in dispute are wide and varied
with CSEA requesting an 84¢ per hour increase for a
term of one (1) year and the Town offering a 15¢ per
hour increase each of three (3) years. At present, the
average hourly wage is approximately $4.00 per hour. _
A spokesperson for CSEA said that the Town was
“adamant”’ in its insistence to reduce, eliminate and
modify many of the benefits now provided to the
employees in their present agreement which expired
on Dee. 31, 1978. i
“It is our hope that the intervention of a mediator
will produce a more responsive attitude onthe part of
the town than has been apparent in. past negotiating
sessions," the spokesperson said.
i
THE PUBLIC SECTOR, Wednesday, January 24, 1979
Page 9
OPEN CONTINUOUS
TATE JOB CALENDAR
Salary Exam No.
$14,388-$15,562 20-129
$16,040 20-122
+. $18,301 20-123
$27,942 20-118
$31,055 20-119
$25,161 20-117
$14,850 20-113
$12,397 20-113
$11,723 20-113
$12,890 20-109
Pharmacist (salary varies with location)
Assistant Sanitary Engineer ..
Senior Sanitary Engineer .
Clinical Physician I .
Clinical Physician [1
Assistant Clinical pivetclath oe
Attorney.........
Assistant Attorney .
Attorney Trainee .
Junior Engineer... .
(Bachelor's Degree)
Junior Engineer .
EAST HUDSON PARKWAY AUTHORITY employees again contributed to
Hopetown over the recent holidays. Mike Blasie, former president of the East
Hudson Parkway Authority CSEA Local, presents a check to a representati $13,876 26-109
of the children’s home, representing the employees’ contribution plus rece’
from the Blasie Golf Classic program.
COMPETITIVE
PROMOTIONAL EXAMS
_ (State Employees Only)
FILING ENDS FEBRUARY 5, 1979
Title
Senior Calculating Machine Operator ................ :
Senior Office Machine Operator
Senior Office Machine Operator
(Photocopying)
Junior Architectural Estimator
Assistant Architectural Estimator
Senior Architectural Estimator
Associate Architectural Estimator
Assistant Building Electrical Engineer.
Junigr Mechanical Estimator.........
Assistant Mechanical Estimator
Senior Mechanical Estimator....
Deputy Superintendent for Administ:
Services
Assistant Director of Engineering
Materials A
Salary
$ 7,565
$ 7,565,
$ 7,56
$11,904
“$14,850
».$18,301
$22,623
+ $25,095
For more information about these and other state Syste contaal the state Civ Service Department,
Exam No.
. 36-647
. 36-648
. 36-658
. 39-318
Albany State Office Building Campus; 1 Genesee St., Buffalo, or 2 World Trade Center, New York City.
STATE OPEN COMPETITIVE
JOB CALENDAR
FILING ENDS JANUARY 29, 1979
Title
Senior Social Services Program Specialist
Assistant Director of Public Employment
Conciliation
Social Worker 1
Social Worker II
Psychiatric Social Worker 1h
Psychiatrie Social Worker II
Director of Engineering Materials
FILING ENDS FEBRUARY 12, 1979
Psychologist 1 ‘i
Associate Psychologis|
FILING ENDS FEBRUARY 13, 1979
Mental Hygiene Staff Development pres =
Specialist IT
Specialist III.
Specialist III (Nursing
Specialist IV
Assistant Building Electrical Engineer
Junior Architectural Estimator ..
Architectural Estimators —
Assistant .
Senior
Associate... Penh
Mechanical Estimators —
MUDIOR er sreresseres
Assistant ....
Senior
Bank Examiner
Correction Officer Trainee
Correction Officer Trainee
(Spanish Speaking)
FILING ENDS FEBRUARY ’5, 1979
Salary
$18,301
$27,842
vse $14,075
«$18,301
. $14,850
$11,904
Sid, 850
«$11,904
$14,850
$18,301
vo SMB
$10,605
++ $10,605
You can also contact your local Manpower Services Office for examination
Exam No.
No.
No.
No,
No.
No.
No.
No.
No.
No.
No.
No,
No.
No,
No.
24-859
80-031
27-852
27-853
27-864
27-865
39-319
27-843
27-844
27-845
24-806
24-807
24-808
24-809
No. 2
No. 2
No. 2
No.
No.
No.
24- 941
24-942
(Master’s Degree)
Dental Hygienist .
Licensed Practical
Nutrition Services Consultant
Stationary Engineer . E
Senior Stationary Engineer .
Occupational Therapy Assistant 1
Occupational Therapy Assistant I .
(Spanish Speaking)
Vocational Rehabilitation Counselor
Vocational Rehabilitation Counselor Trainee
Medical Record Technician 5 t
Histology Technician
Professional Positions
Computer Programmer Seecoee
Computer Programmer (Scientific)
Senior Programmer
Senior Computer Programmer (Scientific) .
Mobility Instructor . . .
Instructor of the Blind
Health Services Nurse
(salary varies with location)
Senior Heating and Ventilating Engineer
Senior Sanitary Engineer (Design) . f
Senior Building Electrical Engineer .
Senior Building Structural Engineer .
Senior Mechanical Construction Engineer .
Senior Plumbing Engineer .. 3 ‘
Assistant Stationary Engineer
Electroencephalograph Techni
Radiologic Technologist ne
(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 I.
Nurse II .
Nurse II (Psychiatric) .
Nurse II (Rehabilitation) . oe
Medical Specialist II .....
Medical Specialist I .
Psychiatrist I
Psychiatrist II .
Social Services Management Trainee
Social Services Management Specialist
Social Services Management Trainee ...
(Spanish Speaking)
Social Services Management Specialist . .
(Spanish Speaking)
Industrial Training Supervisor
(salary varies depending on specialty)
Physical Therapist
Physical Therapist (Spanish Speaking
Senior Physical Therapist
Senior Physical Therapist Spanish Speaking)
Speech Pathologist
Audiologist
Assistant Speech Pathologist
Assistant Audiologist as
Dietician Trainee
Dietician
Supervising Dietician .
Stenographer ....
Typist i
Senior Occupational | Therapist 4
Senior Occupational Therapist ..
(Spanish Speaking)
Occupational Therapist .....
Occupational Therapist (Spanish ‘Speaking) .
$8,950
$8,051
$13,404
+ $10,042
$11,250
$9,029
$9,029
$14,142
. $11,250
. $11,250
$14,075
.. $14,075
». $11,904
. $11,250
~ $11, 250-612,025
. $18,301
. $18,301
. $18,301
. $18,301
. $18,301
. $18,301
$7,616
$7,616
.$8,454-$10,369
. $11,904
$6,148
$7,204
. $7,204
$18,369
$22,364
$26,516
$10,714
$10,624
on $11,904
$11,904
. $11,904
$33,705
vv $27,942
«$27,942
«+ $33,705
. $10,824
$11,450
.. $10,824
$11,450
$10,624-$12,583
$11,337
$11,337
.. $12,670
.. $12,670
. $12,670
. $12,670
. $11,337
. $11,337
+ $10,118
. $10,714
. $12,670
++ $6,650
. $6,071
.. $12,670
+ $12,670
+» $11,337
$11,337
20-107
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 Departntent of Civil Service for an
nouncements, applications, and other details concerning examinations for the positions listed above.
State Office Building Campus, First Floor, Building |, Albany, New York 12239 (518) 457-6216.
2 World Trade Center, 55th Floor, New York City 10047 (212) 488-4248.
Suite 750, Genesee Building, West Genesee Street, Buffalo, New York 14202 (716) 842-4260,
mere:
Le ROP SMT ot) oT eT
Radiv commercials kicked off January
15 and newspaper advertisements on
January 17 as CSEA launched its most
extensive advertising campaign in
= TONNE SMP RIE TRE SSI TET
history, designed to help improve the im-
age of public employees.
Radio commercials may be heard over
stations WOR and WRFM in New York
PUBLIC EMPLOYEES...
Where Would You Be
Without Them?
It's ten minutes past two in the morning. You
expected the 16 inches of snow your machine is
pushing out of the way, but they didn’t tell you
about the wind. The roads seem to be drifting
closed faster than you can plow it out of the
way. You mutter as you dig the blade deeper into
the white stuff seeing the sparks fly as it strikes
the pavement. When is this storm going to end?
You're Ray Deamer, snow plow operator. Ac-
CS! Q)AVeSCivig..
the union that
THIS IS ONE OF THE IMAGE BUILDING newspaper advertisements appearing in major
newspapers in five key market areas across New York State. Radio commercials are also on
the air in the same areas. Seven different ads similar to this one will appear between now and
March 30.
Ray Deamer-Snow Plow Operator
tually, you operate heavy equipment year round,
but all bets are off when the snow begins to fly.
Day or night, weekends or holidays, you've gotta
keep the roads open. No matter what.
Ray Deamer, a public employee. Cutting the
winter down to size so we all can get through.
Public Employees
without them?
where would you be
works for you
SANS
RO RR RTE
City, WGY and WROW in the Albary
area, WHEN and WKF in Syracuse,
WHAM and WEZO in Rochester, and
WKBW and WBNY in Buffalo.
A total of seven newspaper ads will
appear in the following major daily
newspapers between January 17 and
March 30, with additional ads to appear
later in the year: New York City Daily
News, Albany Times Union and Knicker-
bocker News, Syracuse Herald-Journal
and Post Standard, Rochester Democrat
Chronicle and Times Union, and Buffalo
Evening News.
A television commercial schedule is
expected to be ready to begin sometime
in early February.
Beginning last week, a new song was
heard throughout New York State. It’s |
the new CSEA ‘‘theme”’ or jingle produc- |
ed for the union as part of its in-
stitutional advertising campaign to im-
prove the image of public employees.
The song, is being aired on radio |
stations in the state’s five major media |
markets beginning January 15 and run-
ning through the end of March. Later it
will be aired during other advertising
periods or “‘flights’’ in the summer and
fall.
While it’s hard to appreciate the song
without actually hearing it, here is what
it says:
Someone’s keeping the air and water
clean;
Someone’s keeping up country roads
and workin’ on city streets;
Someone’s keepin’ justice, from the |
Great Lakes to the sea;
These are people meeting many
people’s needs;
Someone’s making plans
tomorrow’s great demands,
Building bridges and highways,
buildings and by-ways,
Gardens and parks for New York to en-
joy...
Somebody’s doin’ a good job and it’s
good when people notice;
Somebody’s doin’ a good job of keepin’
New York goin’;
Somebody’s doin’ a good job, come on
let’s sing about them;
Somebody’s doin’ a good job, where
would you be without them;
Public employees, where would you be
without them?
Public employees, where would you be
without them?
for
TA APTI 2 SRE ARO SE INU Nk A MB I
THE PUBLIC SECTOR, Wednesday, January 24, 1979
Page 11
f
]
|
|
.
Recently The Public Sector
highlighted the massive Legal
Assistance Program of the Civil
Service Employees Assn., pointing
out the program is successful
better than 80% of the time in
thwarting efforts by the State of
New York to terminate CSEA
members involved in disciplinary
actions. In the following article,
the basics of the highly successful
program are explained in greater
detail.
ALBANY — The CSEA Legal
Assistance Program may one day
save your job! It saves hundreds of
jobs every year.
“Public employers throughout
the state (local government and
New York State) have become
tough with employees because of
their own mismanagement.
“CSEA has pulled out all stops
and has met the challenge at every
turn,’’ Tony Campione, Legal
Assistance Program ad-
ministrator, says.
The better than 80 percent
success rate in defending
employees under disciplinary
charges is proof of the program’s
success and of the actions by public
employers.
Campione pointed out that from
the 1966-67 fiscal year to the last
fiscal yéar, the cost of the program
has grown from approximately
$150,000 a year to more than $1.5
million a year.
One day you could be brought up
on disciplinary charges and your
employer may seek your ter-
mination, suspension or demotion,
or attempt to fine you or
reprimand you. What should you
«do?
If you are notified of disciplinary
charges against you, immediately
contact the president of your local
or unit, or the person designated by
the president to handle legal
assistance, Campione said.
The new CSEA Legal Assistance
Application will have to be filed in
your behalf. If your local needs ad-
ditional copies of the form, contact
your regional office, Campione
said
eee
1 areeERRBE SRE TE
{yaa ee OBER rN OTETE TOMMAME
GOING OVER A RECENTLY
RECEIVED REQUEST FOR LEGAL
ASSISTANCE are Legal Assistance
Program Administrator Tony Cam:
pione and Administrative Assistant
Irene Cummings.
2 SME MINER Ts
The form, along with a copy of
the charges and specifications
against the employee are forward-
ed to the Office of Legal Services
at CSEA headquarters in Albany.
The application is reviewed by
Campione and Administrative
Assistant Irene Cummings to
determine the merit of the
applieation. This usually involves
researching the charges.
While legal assistance is not
automatic, merit is found in almost
all disciplinary applications, Cam-
pione said.
Once the determination is made
to grant assistance, the employee,
the local president, the regional
director and the field represen-
tative are notified and an attorney
usually is assigned to the case.
Sometimes a Field Rep is assigned
the case.
In almost all cases, the attorney
assigned is from CSEA’s law firm
of Roemer & Featherstonhaugh or
is one of the 19 other regional at-
torneys.
Many disciplinary procedures in-
volve formal, adversary hearings,
Campione said.
Disciplinary problems are not
the only things the Legal
Assistance Program gets involved
with, however.
When an employee, a Local or
other CSEA unit has a grievance
(contract or non-contract) with a
public employer, and when that
grievance has reached the final
appeals or arbitration stage, the
Legal Assistance Program can be
requested.
The same application form as
used in a disciplinary and copies of
the original grievance, the
applicable contract provisions,
prior decisions by the employer at
earlier steps of the grievance
procedure and supporting
documents are sent to Campione’s
office.
In a State contract grievance, a
Third Step Grievance Report also
must be sent.
The same procedures for
evaluating the application and
Page 12
THE PUBLIC SECTOR, Wednesday, January 24, 1979
assignment of the case are follow-
ed for grievances as for dis-
ciplinaries.
A third area the Legal Assistance
Program becomes involved in is
law suits against public employers
for alleged violations of Civil Ser-
vice law when all administrative
remedies of the situation have
failed.
The same application form is
sent to Campione’s office along
with an outline of the facts of the
problem, copies of supporting
documents and an estimate of legal
costs: from a CSEKA attorney.
If the estimate is not more than
$750, Campione rules on the merit
of the application and the same
procedures are followed.
If the estimate is above $750,
Campione’s office does the
preliminary research and submits
the application to the CSEA
Standing Legal Committee
The committee reviews the
application and makes its
recommendation to the union’s
Board of Directors. If the Board
approves, the case follows the
same procedures as disciplinaries
and grievances.
Members of the committee are
THE CLERICAL STAFF of the legal
assistance program includes
stenographers Monique St. Hilaire
(left) and Marie Dawkins
Legal Assistance saves many jobs
Joseph Conway, chairman;
Michael Morella, vice chairman;
Sid Grossman; Ernst Stroebel;
Robert Green; Sara Sievert;
Alfred Jeune and Grace Nesbit.
Other union business requiring
the Legal Assistance Program
(e.g. some PERB proceedings) re-
quires the sending of the
application, a statement of the
facts and copies of supporting
documents to Campione’s office,
and the same procedures of
evaluation and assignment are
followed.
The Legal Assistance
Application, which is used in all re-
quests to the program, went into
use in 1978. Previously, different
forms were used by the County and
State Divisions.
The program was merged and
unified under Campione after
CSEA President William L.
McGowan mandated it on Dec. 1,
1977, Campione said.
The Office of Legal Services is in
the CSEA Office of Member Ser-
vices, Jack Carey, administrative
director. In addition to Campione
and Ms. Cummings, other
employees in the office are
stenographers Monique St. Hilaire
and Marie Dawkins.
LEGAL ASSISTANCE PROGRAM ADMID
reports to Jack Carey, administrative director, CSEA office of member se
STRATOR TONY CAMPION
(left)
