The Public Sector, 1985 September 20

ork state, but in the co try,
ecause we have So many great pee behind

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reepected in the ae sector. We're not

Official Publication of The Civil Service Employees Association Local 1000,
American Federation of State, County and Municipal Employees AFL-CIO.

INSIDE

Constitution and By-
Laws. Page 14-19.

i> 4 Vol. 8, No. 19
649949) Friday, September 20, 1985 _

CSEA pushing for
policy on AIDS

McGowan calls for education,
protection for health workers

By Brian Baker
Associate Editor

As fear of AIDS rises geometrically in proportion
to the incidence of the disease itself, CSEA is making
a push for a policy that would protect public employees
who care for AIDS patients in state institutions.

In aletter to Gov. Mario Cuomo, CSEA statewide
President William L. McGowan expressed concern for
individuals who work directly with AIDS or suspected
AIDS patients, and called for a “comprehensive policy”
of training and counseling for care givers.

“There has been much concern for individuals who
have AIDS and the risk groups susceptible of
contracting AIDS. There should be as much concern
for those individuals who have to care for or have
contact with or clean up for AIDS or suspected AIDS
patients,’ McGowan wrote.

Adding that “too little has been done to protect
and educate individuals who care for AIDS patients,” ”
McGowan urged that the state adopt a policy that
would include: :

* identification of AIDS or suspected AIDS patients

(Continued on page 10)

Sailing the Sea Lion.
Pages 12 and 13.

e
Having a heart. Page

‘ublishing Co,

In 1621 a small band of col-
onists gathered to give thanks for
their first harvest. This humble
observance grew into a New
England tradition, then in 1863, a
national holiday—by Proclamation
of President Lincoln. Today,

Thanksgiving is still a time to give Paying Over 9%.

thanks for America’s bounty, as well a3 renew

SOME OF THE GREATEST
THINGS IN AMERICA NEVER CHANGE.

Just hold Savings Bonds for five
years and you get the new variable
interest rates. Plus, you get a guaranteed
return. This means you can earn a lot
more, but never less than 7!2%! political

But some of the best things about
Bonds haven't changed. The interest
you earn is still exempt from.
local income taxes. Bonds still cost as little a

Rebate
on dues
for
political
action

ALBANY—CSEA members and
agency fee shop payers who object
to the appropriation of a portion of
their dues or fees for political or
ideological purposes unrelated to
collective bargaining can obtain a
rebate. The CSEA political rebate
amounts to $4.25 for the fiscal year
ending Sept. 30, 1985.

The union's procedures call for
rebate requests to be submitted by
certified or registered mail
addressed to the statewide
treasurer. Requests will be accepted
during the month of October.

Individual requests should be
submitted; list of members and fee
payers are not acceptable. Each
request for reimbursement must
include the individual's Social
Security number.

AFSCME’s Constitution also
includes a rebate procedure. The
International secretary-treasurer
calculates the portion of per capita
payment or service fee equivalent
that has been used for partisan
or ideological purposes
during the fiscal year and rebates
that amount upon proper application.

Individuals asking CSEA for
political action rebates are not

and
5. And

‘ial institu-

Tee copie pecchatediaealimeek aa ht
tion, or easier yet, through the Payroll Savings Plan

ties with family and friends.
Some things-never change.

required to file separate requests to
the International. CSEA will forward

One great American tradition has changed
—USS. Savings Bonds. Today's Savings Bonds
pay higher interest rates like money market ac-
counts. Currently, Bonds are paying over 9%.

where you

Buy U;

requests it receives to the AFSCME

Savings Bonds. To find out the current interest
secretary- treasurer.

rate and more information, call &
toll-free 1-800-US-BONDS. Uo oe ee HON

Paying Better Than Ever ~~

Region V fall conference
set for Sept. 27-29, Utica

UTICA—More than 200 officers, delegates and other CSEA members.
are expected to attend the Region V Fall Conference scheduled for Sept.
27-29 at the Sheraton Inn and Convention Center in Utica.

According to Region V President James Moore, the weekend gathering
will open with a Friday evening session conducted by the Regional Women's
Committee on discrimination in the workplace.

Two general sessions on Saturday will focus on convention motions
at the forthcoming statewide delegates convention in New York City.

Retiree and other committee meetings will round out Saturday's busi-
ness activities. A regional executive board meeting scheduled for Sunday
morning will cap the weekend meeting.

“Both Saturday sessions are open to CSEA members in the Central
New York and Mohawk Valley areas,” Moore said.

THE PUBLIC SECTOR

WANTED: info on sloppy road
work by private contractors

CSEA Board Member Joan Tobin warned in a recent article in The
Public Sector that “private contractors just want to get rich.”

Her comments were made after Franklin White, the state’s new
Department of Transportation commissioner, said he wants to boost the
use of private contractors for routine maintenance work.

Tobin in her fight against contracting out, now wants more information
about the quality of work being done by private contractors. CSEA
members aware of any road maintenance or pavement work that was
substandard should send specifics to: Kathy Albowicz, CSEA Research
Department, 143 Washington Ave., Albany, N.Y. 12210.

Be sure to include such details as the contractor's name and the
location and nature of work contracted out.

Also include your name and telephone number in case more details
are needed. Your name will be kept confidential.

September 20, 1985

“When you're paying . . .$3 million a year
... you expect the garbage to be picked up"’

PSC Broome Street facility at center

By Stephen Madarasz
CSEA Communications Associate

NEW YORK CITY—When you're paying
nearly $3 million a year in rent, you expect the
garbage to be picked up at least.”

It isn't, says Public Service Commission
CSEA Local 450 President Kin Eng, but the
garbage problem isn’t the only deficiency at the
PSC’s.new offices at 300 Broome Street in
Manhattan.

Eng says employees are inconvenienced, at
the very least, because one of four elevators
is always broken. And only now, nearly a year
after the state moved into the building, the land-
lord is refacing the outside of the building.

The PSC move was part of the massive relo-
cation of state workers out of the World Trade
Center and into decentralized quarters through-
out the city. The move into Broome Street is
the centerpiece of a State Investigations Com-
mission probe into “sweetheart deals” to se-
cure the lease arrangements for politically con-
nected landlords.

The state is paying $28.5 million for a 10-
year lease at Broome Street. “At that price, the
place should have been ready for occupancy
from the start,” says CSEA Region Il President
George Boncoraglio. “Instead,” he says, “our
tax dollars are paying the landlord to fix up his
building, while our members work in a con-
struction site.”

Local 450 President Eng says the garbage
pile-up is the greatest annoyance. “We some-
times go more than a week between pickups
and it really accumulates at people’s desks
and in the hallways.”

CSEA Regional Occupational Safety and
Health Specialist Floyd Payne said, ‘It’s not
really a safety and health issue as it is now,
but it creates the potential for problems if the

‘ll f
HIGH RENT BUT TERRIBLE SERVICE—PSC CSEA Local 450 Presi-
dent Kin Eng and Region Ii OSH Specialist Floyd Payne inspect the
garbage piled up at the PSC’s Broome Street offices. Even though
the state is paying sky-high rent for the facility, Eng says garbage
sometimes isn’t even picked up weekly, creating the potential for
serious health and safety problems.

September 20, 1985

of SIC probe into “sweetheart deals'’

“At that price, the place should have been
ready tor occupancy from the start.’’—CSEA
Region II President George Boncozaglio

garbage starts blocking access in and out of
the building , or begins to attract roaches and
rodents.”

Eng indicates that the issue has repeatedly
been brought to management's attention. “But
the answer they keep giving us is the Office
of General Services, which negotiated the
lease, is trying to work it out with the landlord.
You'd think at those prices they could get some
satisfaction.”

HX |

PAY NOW, WE’LL FIX IT LATER—
Scaffolding surrounds Region Il OSH Spe-
cialist Floyd Payne and the exterior of the
PSC offices at 300 Broome Street. The state
moved into the quarters a year ago, at near-
ly $3 million annual rent, but the landlord is
just now getting around to refacing the
building. Elevators at the facility are cons-
tantly out of service also, according to com-
plaints of members.

3

THE PUBLIC SECTOR

geublic
SECTOR

Official publication of The Civil Service
Employees Association Local 1000, AFSCME,
AFL-CIO 143 Washington Avenue, Albany,
New York 12210

The Public Sector (445010) is published every oth-
er Friday by The Civil Service Employees Association,
143 Washington Avenue, Albany, New York, 12210.

Publication Office: 143 Washington Avenue, Albany,
New York, 12210. Second Class Postage paid at
Post Office, Albany, New York.

AARON SHEPARD — Publisher
ROGER A. COLE — Editor

BRIAN K. BAKER — Associate Editor
NAN HANNA — Assistant Editor

Address changes should be sent to: Civil Service Em-
ployees Association, The Public Sector, P.O. Box
7125. Capitol Station. Albany, New York 12224.

908 COMMUN,

ane

i

Om

arceyareue= *

r ea rary

THAT WAS NO
“INEQUITY * THAT WAS

A “REFLECTION OF

THE PREVAILING
WAGE MARKET." |

Rockland resolves

NEW CITY — Rockland County violated the collective bargaining con-
tract when a CSEA member was denied two consecutive days off, accor-
ding to a recent grievance decision.

William Nehrbass, a radio operator with the Rockland County Sheriff's
Department, was denied a work schedule of five days and two days of
rest, according to CSEA Attorney Myron Mandel.

At this time, Nehrbass was the most junior employee and was therefore
assigned as a relief operator. As a result, he was denied two consecutive
days off during 18 scattered weeks during the year.

County officials maintained, however, that Nehrbass’ schedule did not
violate the contract because, they claimed, the definition of “day of rest”
contained in the agreement “merely requires two days of rest in a week,
consisting of 24 consecutive hours on which the employee is not schedul-
ed to work.”

Moreover, said the county, this type of scheduling had been used for
years, and “the bureau's operations are unique and require 24-hour,
seven-day-a-week scheduling.”

ALBANY-“Rape,” says Wanda Lubinski, “is a crime of violence, not
passion.””

For the past year, Lubinski has been working as a volunteer with
the Albany County Rape Crisis Center. During that time, she has received
training in the psychological, medical and legal aspects of rape and sexual
abuse.

“I've helped a three-year-old boy and a 21-year-old woman through
the hellish hours following an attack,” Lubinski said.

Lubinski served as president of CSEA Mental Hygiene Central Of-
fice Local 673 for two terms. She proudly notes that she signed up for
CSEA membership on the first day of work 13 years ago, and has served
in numerous union offices and positions.

No longer busy with union office responsibilities, Lubinski turned

available and they needed help, so | volunteered,” she said

Her involvement has led her into the emergency rooms and police
stations.

“We don't just answer phones and give advice,” Lubinski explained
“We are victim advocates who are ready to assist victims through medical
exams and police questioning. We're ready to be at the victim's side.”

Her involvement in the rape crisis program has also led to her interest
in the Troy Center for Battered Women. ‘Society has got to recognize
these crimes, rape and battering, as just that—crimes—violent crimes
against women and children.”

Lubinski, who received a tremendous amount of training with CSEA,
plans to use her union leadership skills in her volunteer roles. ‘I'm grateful
to CSEA for all the training which | can apply to help other people in
difficult situations,""she concluded.

CSEA member reaches out to victims

to involvement with the Albany County Rape Crisis Center. “I had time }

days off problem
Members of the grievance panel upheld the union’s contention that

the contract “contains no exception for radio operators in relation to the
basic work week.”

The contract “requires that an agency which operates on a 24-hour
basis establish working days and hours in a manner not inconsistent with
the contract,” said the panel. ‘While the evidence indicates that the bu-
reau has apparently operated on this type of schedule since 1967, there
is no basis in the contract for treating radio operators differently from oth-
er employees insofar as the requirement for two consecutive days of rest
is concerned. Even a long-standing practice cannot operate to deprive an
employee of a specific right guaranteed in the contract.”

The panel concluded by requiring that all radio operators be afforded
two consecutive days of rest after working a maximum of five days. In ad-
dition, the panel ordered that an‘employee will receive a day of overtime
psy in any week where he or she does not receive two consecutive days.
off.

WANDA LUBINSKI works with victims, doctors, psychologists, and
law enforcement personnel as a volunteer at the Albany County Rape
Crisis Center. She applies skills acquired as a former CSEA local
president to the many aspects of her volunteer work.

THE PUBLIC SECTOR

September 20, 1985

BRONX—As Local 401 President Ernest
Punter sees it, working conditions at Bronx
Psychiatric Center are going from bad to
worse. Even as Punter was testifying about the
deterioration before a Senate hearing earlier
this summer, the union was receiving another
slap in the face from management.

On July 31, the local was informed a
contractual grievance that it had already won
was being reversed by the Office of Mental
Health's Bureau of Employee Relations. It
involved management violation of a la-
bor/management agreement that had been
painstakingly negotiated four years earlier to
protect employee rights in case of involuntary
reassignment.

“We signed the agreement after six months
of discussion in 1982,” says Punter.
“Everyone agreed to it. Management certainly
cleared it with Albany and it was working.”

But a new facility director decided in 1984
that it was not to his liking and began to work
around it. He wanted to move 22 employees,
but was required under the agreement to honor
their existing pass days.

Eventually, he transferred them anyway and
then called for a general rebid on pass days
throughout the facility. Since the 22 forced
transfer employees had little seniority, the end
result was that they were reassigned without
choice and without retaining the rights

e
At Bronx
Psychiatric Center:
@
e
By Steve Madarasz
CSEA Communications Associate
@
e

BRONX-—For Bernice Moody, it wasn’t right when an arbitrator
found her guilty of charges that hadn’t been brought against her. But
CSEA didn’t let the issue end there and in an unusual step, a state
Supreme Court judge overruled the decision and cleared the Bronx
Psychiatric Center employee of any wrongdoing.

Moody was accused of patient abuse, but found not guilty of the
charge by an arbitrator. However, he then went beyond his authority
by claiming Moody had inadvertantly pulled the client's hair and had

not reported the incident.

Even though Moody had not been accused of those infractions,
e the arbitrator recommended disciplinary penalties for them.
CSEA successfully challenged those findings in court, arguing
first that an arbitrator cannot rule on issues ‘that have not been
presented to him. The union, pointed out next that under terms of

To punish an employee for an

guaranteed under the labor/management
agreement.

CSEA immediately grieved the action and last
May 17 were told by OMH that they had won
The administration at Bronx PC said, howev-
er, that it would not go along with the decision
and indicated it would have to discuss it with
OMH officials in Albany. That set the stage for
the July 31 decision reversal.

While the union plans to appeal the issue,
Punter points out that a great deal of harm has
already been done: “It’s a matter of credibility.
This isn’t the first time management has bro-
ken a written agreement with the union and
that’s what bothers me most. What's the point
in having a grievance process if you can’t have
any confidence in it?”

Adds Field Representative Marcia Shiowitz:
“l've never seen anything like this before. Does
it mean we can't expect enforcement of
agency-level decisions if a particular
administration doesn't like them?”

Punter says it's a cruel hoax when
management “plays with people's lives and
stacks the cards against them.

“We represent people who want to come to
work and do their jobs caring for sick people.
That's difficult enough under the circumstances
here and our people shouldn't be treated like
pawns in a political game.”

STRATEGY—Bronx Psychiatric Center Local
401 President Ernest Punter, left, discusses
a plan of action with Grievance Chairman
George Austin, center, and First Vice
President Ed Grey. The local is fighting tooth
and nail just to hold onto contractual rights
that have been violated by Bronx
administration. The facility is also under fire
from a Senate committee for failing to
upgrade patient care and programming. A
new facility director begins work this week.

Court clears BPC worker of patient abuse

its contract with the state and civil service law, an employee may not
be disciplined for inadvertant acts.

The judge agreed and indicated “to punish an employee for an
inadvertant act is draconian in nature.”

It is rare to go beyond an arbitrator's decision into court. But,
according to CSEA officials, this was a case that was crying out for
justice. Says BPC Local 401 President Ernest Punter: “The arbitrator's
decision clearly violated our contact. He found Moody not guilty of

what she had been charged with, but to appease management he de-

and the administration.

veloped charges on his own.”
Punter cites this case a just another incident in the continuing
struggle to maintain employee rights at Bronx Psychiatric Center.
Punter hopes that the new facility director who recently joined
Bronx PC will move quickly to heal festering wounds between CSEA

“This Moody case is really a milestone because it shows we can
win when we're right and it serves notice that we're not going to just

roll over and play dead when patient and employee rights are being

inadvertant act is draconian in nature. trampled.

September 20, 1985

ee

THE PUBLIC SECTOR 5

Membership organizing pays off

WATERLOO—After months of work by its membership committee
with full support from CSEA staff, Seneca County Local 850 has signed
enough new members to qualify for agency shop. :

Jannette Monterville, president of the local, recently announced the
development and credited the organizing team for helping to make the
union advance possible.

Seneca County Local gets agency shop |

Monterville explains that language in the most recent contract was
negotiated to specify that a 65 percent membership would qualify the
local for agency shop.

“The officers and membership committee knew that agency shop
was an obtainable goal if we really worked for it,’ Monterville said.,

After being appointed to the Regional Membership Committee by
Region V President Jim Moore, Monterville met with Lee Frank, CSEA
director of Organizing, and suggested that the Seneca County contract
had a ‘trigger mechanism” to permit agency shop if the quota of new
members could be reached.

Frank approved a drive immediately and within several weeks a team
comprised of CSEA staff organizers Penny Bush and Tom Mullen was
coordinating efforts with the local organizing committee.

“For the next three months, the team went all out to sign up new
members to reach the required percentage,” Monterville said. “The big
day arrived June 3. We notified management that county employees
had signed enough membership cards to qualify for agency shop.
Management reviewed our cards and figures and agreed to begin pay-
roll deducations June 14. It was a terrific accomplishment for the or-
ganizing committee.”

The membership committee included: Chairman Frank McDonald,
Aldeene Smith, Ruth LaBelle, Patty Faiola, Martha Rogers, Tom LaBelle,
€d Callahan, Diane Pierie, Michelle Abbott and Sara Ryan.

Monterville noted that the locals next objective is to convert agen-
cy shoppers to full and active membership.

AGENCY SHOP TALK was the main topic of discussion when the
Seneca County Local 850 Membership Committee met to exchange
congratulations after reaching its goal to qualify for agency shop.
Pictured, from left, are: (first row) Tom LaBelle, vice president; Jan-
nette Monterville, president, Local 850; Ed Callahan; Ruth LaBelle;
(second row) Aldeene Smith, Martha Rogers and Patty Faiola.

WATERLOO—A PERB judge recently upheld
CSEA’s position in a Seneca County case involv-
ing three new job titles the county sought to have
made management confidential.

The issue began last September when Seneca
County created the titles of associate employment
specialist, director of social services, and staff de-
velopment coordinator in the Department of Social
Services.

Although the job titles were new, CSEA contend-
ed that based upon the work performed and the
amount of authority involved, the three titles should
be includéd in the CSEA bargaining unit. In October,
the union filed a grievance and proceeded through
the required steps.

A preliminary hearing was conducted by PERB in
January, and a formal hearing was held March 1.
At the hearing, the county asserted the new posi-

CSEA wins
three new
Seneca Co.
titles in
PERB
decision

tions formulated departmental policy and should be
excluded from the CSEA bargaining unit because
of their supervisory duties. CSEA Counsel John
Mineaux argued, however, that the three share com-
mon interests with others in the unit and have sub-
stantially similar terms and conditions of employment
that are not managerial.

PERB issued a decision May 29 that the three
titles should be added to the existing unit.

Satisfied with the ruling, Jannette Monterville,
president of Seneca County Local 850, expressed
gratitude for the union’s support in the case.

“| want to express thanks to Mike White, our
CSEA field representative, and CSEA Counsel John
Mineaux for their assistance and legal expertise. It
was an important union victory and clearly demon-
strates the value of having a stong union capable
of dealing with these types of issues,” Monterville
said

IT’S OFFICIAL—Flanked by Local 834 President Pat
Callahan, left, and Sue Smith, chairwoman of the
CSEA negotiating committee, Onondaga County Ex-
ecutive John Mulroy signs an agreement between the
county and the union after months of negotiations.
Others on hand for the occasion were, from left: Ken
Issacs, County Highway Department; Tom Murphy,
Van Duyn Home and Hospital; Tad Fundalinski, Depart-
ment of Social Services; Fred Baur Jr., County Proba-
tion Department; Beverly Corteville, Corrections
Department; Len Foster, president, County Adminis-
trative Unit; Sarah Soule, County Health Department;
Peter Troiano, Onondaga County Director of Employee
Relations. Also serving on the negotiations commit-
tee, but not present for the sigrfing ceremony, were:
Jim Adsitt, Drainage and Sanitation Department; He-
len Windhausen, County Parks Department; and John
Kuhn, County Library Unit. The two-year agreement
provides 10 percent salary hikes, plus increments and
other benefits for more than 3,500 county employees.
Members ratified the agreement in July by an over-
whelming margin of nearly 3 to 1.

6

THE PUBLIC SECTOR

September 20, 1985

IN THE TIME
IT TAKES YOU TO
GET YOUR CHILD
READY FOR SCHOOL
ANOTHER CHILD
WILLHAVE ~
DISAPPEARED.

CHILD FIND
1-800-1 AM LOST

by one of their parents.

“The Public Sector" periodically publishes photographs and information about missing
children registered with Child Find, Inc. of New Paltz. Child Find is a non-profit
organization which works with a national network of teachers, social service groups
and law enforcement agencies to help locate missing children.

Child Find maintains a toll-free number, 1-800-1 AM LOST, which persons with any
information about missing youngsters can call with complete confidence. According
to Child Find, the organization becomes involved with mostly parental abduction cases,
and that about 95 per cent of the children the organization is looking for were abducted

If you believe you have information relative to the child below or any other missing
child, immediately contact Child Find on the toll free number, 1-800- | AM LOST.

Che’ Khalil Elkeilani
Birthdate: 5/14/80
Abducted: 10/8/83

CF 2988 q

If you’re in the market for a wide variety

of items, United Buying Service can help you

LIST OF ITEMS COVERED BY
UNITED BUYING SERVICE

UBS may be able to help you obtain savings
on the following items:

*New Car Buying

*Long Term Leasing

*Tires

*China

*Crystal

*Flatware

*Typewriters

*Pianos

*Video Components

*Audio-Stereo Components

*Major Appliances

*Furniture

*Carpeting

*Televisions

* Jewelry

*Furs

September 20, 1985

a

If you’re a CSEA member who is planning to
buy furniture, jewelry, a major appliance or an
automobile in the near future, your purchasing
power has been substantially increased thanks to
United Buying Service.

Through UBS, the oldest and largest discount
buying service in the state, CSEA members can
obtain large discounts on a wide variety of
products and services. ‘

This special discount buying service is being
made available to CSEA members at no cost and
no obligation of any kind to those members using
the program.

CSEA President William L.McGowan said that
while UBS has an excellent record for delivering

high-quality products and service at substantial
savings, “members should continue to be smart
shoppers by looking for the items they want at lo-
cal stores and shopping for sales first to be sure
that UBS is providing the best prices for those ma-
jor purchases.”’

To use the service, call the numbers pro-
vided and give the make and model number
of the item you wish to purchase. You will be quot-
ed UBS’s lowest price and, if you,wish, your or-
der can be placed by phone and delivered to your
home.

Brochures explaining the service are available
to members through your local or unit president,

The 1986 automobiles will be available in late September. Discounts are now available on
purchasing and leasing of these 1986 models. For complete information, brochures will be
available through your CSEA Local president during the last week of September.

To avail yourself of United Buying Service discounts, call this
number and identify yourself as a CSEA member:

LONG ISLAND NEW YORK CITY WESTCHESTER and
(516) 488-3268 (212) 889-6338 UPSTATE NEW YORK
or 685-5252 (800) 522-3131

rf

THE PUBLIC SECTOR

Giving the gift of life

ALBANY-State employees in the Capital District donate 17 percent

_ of the northeastern New York blood supply and a remarkable 37 percent

of all blood used in Albany County, according to New York State

_ Employee Blood Program Administrator Joe O'Sullivan. That, he said,

ops a list of reasons why the American Red Cross was honoring the

fforts of four public sector blood drive coordinators, their respective

_ public employee departments and union locals for “outstanding efforts”
» during the past year.

“New York state employees donated 47,500 pints of blood

statewide last year. They are truly an invaluable resource to all citizenry,”

il

9
3.

UDY SALISBURY (left), PRESIDENT OF ENVIRONMENTAL
CONSERVATION LOCAL, views the letter of recognition and award
of Deborah VanDeCar of EnCon. Employee support demonstrates

» the humanitarian nature of the public sector.

O'Sullivan noted. :

Ann Kasson, CSEA Tax and Finance Local 690; Everett Ford, PEF;
Karen Stenard, Ag and Markets; and Deborah VanDeCar, Environmental
Conservation, were all honored for their efforts at coordinating blood
drives and recruiting blood donors during the past year ‘

CSEA Tax Local President Carmen Bagnoli praised Ann Kasson’s ©
outstanding effort remarking that this was her first effort as blood drive —
coordinator for the CSEA Local. “In this instance, however, the initials
CSEA or PEF or MC are secondary to A-positive and B-negative,” Bagnoli
said. “They're the initials that really count.”

AGRICULTURE AND MARKETS LOCAL PRESIDENT RAY LaROSE
DISPLAYS AWARD with Ag and Markets Blood Coordinator Karen
Stenard, noting the supportive efforts of CSEA membership during
the blood drive.

O'Sullivan

TAX AND FINANCE LOCAL 690 PRESIDENT CARM BAGNOLI reviews awards earned
by tax and finance department employees in their efforts on behalf of the Red Cross.
Proudly displaying the awards are Blood Drive Coordinators Ann Kasson, center, and

Everett Ford.

THE PUBLIC SECTOR

September 20, 1985

A CUT ABOVE THE REST — CSEA President Bill McGowan holds the
ribbon for Albany County Executive Jim Coyne during ribbon cutting
ceremonies at CSEA’s new headquarters as Statewide Treasurer
Barbara Fauser looks on. Albany Mayor Thomas Whalen congratulates
McGowan and CSEA officers and staff who gathered in front of the 143
Washington Avenue location on Sept. 13.

(Continued from Page 1)

Albany Mayor Thomas Whalen joined McGowan for a tour of the
building, greeting staff members along the way. He was very complimentary
regarding the decor and layout of the offices, and wished CSEA continued
success in its new Albany-based headquarters

The new headquarters at 143 Washington Avenue, is located in a four-
story structure which was purchased last fall from the New York State
Teacher's Retirement System. The building has been fully renovated to
house all officers and staff employees assigned to CSEA Headquarters.

Since 1968, CSEA’s statewide headquarters had been located at 33
Elk Street, Albany. The relocation was necessitated by the fact that CSEA
outgrew the Elk Street facility, which forced several of the union's
departments to operate from leased office space.

Statewide Treasurer Barbara Fauser observed, “‘'It’s a little nostalgic
for me to move out of the 33 Elk Street building, because | was among
those in 1967 who helped build it. Now we are in a huge building and we
should be proud of the progress our union has made.”

The new headquarters will be able to better serve its six regional offices
and nearly a quarter of a million public employees in New York state.

Washington decision won't

A study on comparable worth will be delivered to CSEA and GOER
on Sept. 30, according to Audrey Seidman of the Center for Women
in Government.

The now-famous State of Washington Comparable Worth Case has
become an issue of great concern to CSEA members. The recent
decision is based, in essence, on the fact that the court holds that a
system which was developed by reliance on the free market system in
terms of the rate of pay given to a particular job will not in and of itself
constitute a violation of Title 7.

“We must keep in mind,” said Statewide Treasurer Irene Carr, ‘that

affect goals for pay equity

the state of Washington has comparable worth legislation on the books.
The Washington decision in no way diminishes our goals to obtain pay
equity.” According to Mrs. Carr, AFSCME won a $41.6 million out-of-
contract settlement in the state of Washington and is now negotiating
how the money will be distributed.

“CSEA had the foresight to negotiate for pay equity and some people
will be receiving “hard dollars” over the last two years of the contract,”
Carr added. “Equal pay for equal work is very much alive and well in
New York state,” she concluded. f

The Public Sector will bring a comprehensive update on the issue

cn cz SS aS SA ESSE SES TN I ESAS OES

September 20, 1985

of pay equity in future issues.

THE PUBLIC SECTOR

AIDS in
mental
institutions

By Steve Madarasz
CSEA Communications Associate

NEW YORK—"Do as we say, not as we do” is
apparently how New York state is providing leadership
in the treatment of AIDS patients. While the State Health
Department recently criticized the way private hospitals
are caring for infected individuals, CSEA officials say that
the state workforce is not receiving adequate training on
dealing with the deadly disease. én ;

The situation is particularly distressing in the state
mental institutions.

In New York City, where there are more AIDS cases
than anywhere else, Mental Health Local Presidents are
also alarmed that patient screening procedures are not
in place -potentially putting entire facility populations and
employees at risk.

“Ii New York state asks employees to work with
patients, the employees should at least know what they're
dealing with and should have the most up to date
information on how to handle the situation” says CSEA
Occupational Safety and Health Director James Corcoran.

But despite the union's request for extensive
education for all employees who might have to deal with
AIDS patients, the state has only responded with a piece-
meal approach.

“Mostly what they've done up here,” says Bronx
Psychiatric Center Local 401 President Ernest Punter,
“is put up CSEA's posters on the subject and some
limited training as cases develop. -But they've only worked
with employees handling specific patients and any time
a new Case is discovered it’s a crisis because no one
knows what to do.”

Kingsboro Psychiatric Center Local 402 President
Robert Nurse echoes that point saying, “There's a big
difference between laying down some booklets and
bringing the issue to people's attention. OMH says

Coping with

employees should not have fear about the disease, but
they haven't done anything to make our people feel more
secure.”

In fact, at Kingsboro there is particular cause for
concern since MHTAs recently had to insist on medical
treatment for two patients who were being ignored by
the medical staff. One was diagnosed as having AIDS and
the other hepataitis B. Until that time, the patients had
unrestricted contact with the staff and other patients on
their wards.

All of the Region Il Mental Health Local Presidents
are in agreement that there has to be a better screening
procedure as patients are admitted to the facilities. “Not
only should it be built into admissions, but the test results
should be immediate and the patients should be
quarantined until we know what they've got,” adds Nurse.

While there has been some controversy over whether
such screening violates patient confidentiality, CSEA
Safety Director Corcoran points out that the state has
been dragging its feet over that question. “New York has
to set up some way of knowing who poses a threat and
decide what to do about it.”

Although much attention has been focused on the
problems of dealing with AIDS in correctional facilities,
and more recently in schools, there are much greater
dangers of infection in the mental facilities.

“It's a whole different ballgame in here,” comments
Punter, “because the environment isn’t as restrictive as
in the prisons. We are also severely understaffed and
can’t keep up with the activity of every patient all day and
all night, even though we try.””

That means that somewhere along the line, there is
the chance that a patient with the disease could transmit
it to others through sexual contact or by infecting a
hypodermic needle that is then passed along to other
patients engaged in illicit drug use. The only way to avoid
these possibilities is to identify patients with the disease
before they come in contact with other patients.

There are other concerns according to Kingsboro’s
Robert Nurse. “We're not working with normal
people...many of our patients are sick and assaultive and
their behavior is unpredictable. Even if the patients are
isolated, we have to know how to handle them because
it's not unusual for patients to attack and bite staff and
infect them that way.”

“This is a problem that our members are extremely
worried about,” adds Creedmoor Psychiatric Center Local
406 President Miguel Cruz. “It’s something that has to
be addressed now: We've really only had one case at
Creedmoor that we know of, but if the disease is
spreading as fast as they say, it’s only a matter of time

. representing public health, soq

é

Volunteer

By Anita Manley
CSEA Communications As:

WHITE PLAINS—A statewid
volunteer organizations is re;
human service delivery
understand AIDS.

In recent months, speakgs f
Institute have addressed corr}
mental hygiene facility
throughout the state of New
to help dispel the myths and feq
disease.

“Our strategy is to help
providers up to date on whatis
AIDS and to make people awa
precautions,” said John Egan,
Valley AIDS Task Force direc

Egan explained that te

based AIDS Task Force is off

volunteer organizations in
contracted by the Department
educate the public and advoc
victims.

Each contractor has an ad

gencies offer help

substance abuse, high risk groups and

ciate medical/dental organizations
jetwork of The contracting agencies are charged with
Hy to help establishing local policy, conducting a needs
Imployees assessment and providing a comprehensive.
program of education, referral and support
\tg AIDS —_ activities for the counties within each region.
tional and Egan says one problem he sees in
mployees institutions is the lack of a uniform policy of
rk in order precautionary measures. ‘In one hospital,
S about the employees must wear gowns, gloves and
2 masks when caring for an AIDS patient,” he
PP service said. “In another facility, no such precautions
bing on with are taken.”
p of proper Egan say that, according to the Centers
id Hudson = for “Disease Control in Atlanta, it is
r. recommended that the same precautions
pst@ester- that are used for hepatitis B patients be used
of seven for AIDS patients. (The American Hospital
the state Association, however, notes that ‘patients
Pf Health to who are merely in one of the high risk
efor AIDS groups, but who do not have clinical
evidence of AIDS do not need these
Sory board —_precautions.”’)
Al services,

A primary concern of care givers is, of

before we have to confr@t it

For that reason, Cruz say:
made before circumstances get
we need a central isolation w
let's get it together now inst
when the issue gets forced dj

According to Region II Presi
plans are in the works to bring
together for a united approach tq
is a major part of the problem
make sure that all of our peopl
they need and unders®nd
responsibilities are.”

“There are already too mai
this problem, but our members
that must be answered. It's
provide the guidance and trainil
for AIDS patients and all of the q
Boncoraglio concluded.

ny worse. “If that means

course, the fear of contracting the disease
from victims. But Egan points out that long
before the first case was diagnosed, there
were no preventive measures taken. Yet,
health care professional have shown no
signs of the disease, proving that AIDS
cannot be spread through casual contact.

Strides have been made in the last. few
years. “We didn't know what caused AIDS
in 1980," said Egan. ‘Now we know the
virus. It's delicate, easily killed in the air and
can't live on the skin.”

“We know the high risk groups are stable.
We can says it's safe for some AIDS victims
to attend school. We can make informed
decisions. The problem is convincing the
public.”

Speakers and educational materials are
available thorugh the seven contracting
agencies and can be obtained by calling the

Central New York AIDS Task Force
c/o Central New York Health Crisis
P.O, Box 1682

Syracuse, N.Y. 13201

(315) 475-2430

Southern Tier AIDS Task Force
c/o Opportunities for Broome, Inc
P.O. Box 1492

Binghamton, N.Y. 13902

(607) 723-6493

AIDS Council of Northeastern New York
c/o Gay Community Council, Inc.

332 Hudson Ave

Albany, N.Y. 12210

(518) 434-4685

Mid Hudson Valley AIDS Task Force
c/o Gays Men's Alliance of Hudson Valley
255 Grove St

following:

Western New York AIDS Coalition
Buffalo AIDS Task Force, Inc.
P.O. Box 38 Bidwell Station
Buffalo, N.Y. 14222

(716) 886-1275

Rochester Area Task Force on AIDS
AIDS Rochester, Inc.

153 Liberty Poleway

Rochester, N.Y. 14604

(716) 232-7181

H or specific staff, then

1 of frightening people
n our throats.”

ent George Boncoraglio,

@ Mental Health Locals .
he situation. “Ignorance

Is well, and we have to

have all the information
hf their rights and

people hysterical about
lave legitimate concerns

to New York State to
5H SO we can keep caring
hers in the institutions,”

CSEA Occupational Safe’

ty and
Health Director Jim Corcoran.

1 0 THE PUBLIC SECTOR

(Continued from page 1)
to the individuals who have direct or indirect contact with them;

*complete, practical training in precautionary techniques for in-
dividuals having contact with patients, inmates and clients with AIDS
or suspected AIDS;

* counseling for individuals who have direct or indirect contact
with AIDS or suspected AIDS patients.

According to CSEA Occupational Safety and Health Director
James Corcoran, the state is beginning to make some strides in the
area of training, especially in the Department of Corrections because
of the large number of inmates who have contracted AIDS.

“They've already had or have scheduled 19 training programs
in Corrections. We have to give them credit for that,’’ said Corcoran.
“But AIDS is starting to hit and hit hard in the psych centers and the
developmental centers where much more needs to be done to pro-
tect those who have direct care of patients.”

While Corcoran says that training, where it exists, “suffices,” much
more needs to be done in terms of identification of AIDS patients and
counseling or educating those who care for them

“People generally need to be much better educated about the
disease. All they know is that they see AIDS constantly in the
newspapers and magazines, and that if you get it, it's fatal and you'll
die in a relatively short time,” said Corcoran

“The problem primarily is hysteria from the state all the way down
to the workers. Those in the health profession and the state health
commissioner—people who understand this disease— are saying that
itis not spread through casual contact. If you have someone with AIDS
and you put him in contact with the general population, he’s more at
risk than the people he comes in casual contact with because his im-
mune system isn't working properly.”

Despite what the evidence seems to show about the unlikelihood
of health workers contracting AIDS when they use proper precau-

tions, many public employees still have wor
by lack of information and the general gyste
But these worries are caused also by sore lq
the fact that not all AIDS or suspected AIDS:
fied
“Workers can take the necessary prec|
has the disease. Some of these workers live
get AIDS from someone they don't even ki
it on to their spouse and family. That fear’s q
tion and stigma attached to the disease,''g
the point now where we have people in offic}
to use the bathrooms. You don't get AID
to be an exchange of blood or body fluidg
Some health care workers have be@om
the disease that they've resorted even to q
“We had a 15-year health care worker i
who resigned because of it. We have people}
sick-outs,”” he noted
But Corcoan says some headway is 4
“The state is beginning to realize that
so that people understand that AIDS is not t
people have been infected, that’s a very mil
al population. If our members can be sho\

es, caused in large part
la cased by the media.
itimate concerns, mainly
atients are being identi-

tions if they know who
constant fear that they'll
Dw has it and then pass
mpounded by the isola-
id Corcoran. “We're at
buildings who are afraid
tom a toilet. There has

so @arful of contracting
itting their jobs.

bne of the psych centers
alling in sick, even mass

ing made.

has to do some things

e plague. While 13,000
ite portion of the gener-
that their risk is small,

then they would not have a problem wgrkinj witb inmates or clients.
“There is no evidence of AIDS be™g af oc®upational disease,”
Corcoran continued. ‘‘What people want ali are not getting are ab-
solute guarantees that if they work with AID patients they won't get
the disease, too. That's why they need trahing that will explain the
disease, how it is contracted and how lovythe risk factor is.”
Corcoran noted that CSEA will continu] meeting with represen-
tative from the Governor's Office of Emplofe Relations in an effort
to put together a standard policy on treatnpnt of AIDS patients and
training for care givers.

Septembe20, 1985

There is no evidence that a person can get AIDS from handshakes, dishes,
toilet seats, door knobs or from daily contact with a person who has AIDS,

White Plains, N.Y. 10601
(914) 997-5149

Long Island AIDS Task Force

Long Island AIDS Project, School of Allied Health
Professionals

Room 608

Level Il, Health Sciences Center

State University of New York

Stony Brook, N.Y. 11794

(516) 444-2403

conemu Precautions for health care workers

None of these will give you

Because over 13,000 people have contracted AIDS (Acquired
Immune Deficiency Syndrome) over the past four years, AFSCME
members who must care for these victims naturally are concerned
about catching the deadly disease themselves. Recent evidence,
though, shows that health care workers can rest a bit easier

Current information from the Centers for Disease Control
(CDC) shows that health care workers do not seem to be at high
risk of contracting AIDS. Almost 400 health care workers have
been directly exposed to AIDS-contaminated blood, but so far none
of these workers has contracted AIDS—nor do any of those tested
show signs of AIDS contamination in their blood.

Most have been exposed through needle sticks, although
some have spilled blood samples on themselves or even had blood
splash in their eyes. In a few instances, laboratory technicians have
sipped AIDS-contaminated blood while mouth pipetting. Most of
the exposures occurred in direct patient care areas.

As of Feb. 11, 1985, 278 hospital workers had contracted
AIDS, but no evidence exists that any of these victims contracted
AIDS from on-the-job exposures. All but 24 of these victims fall
into the major risk groups: homosexuals, drug addicts, or blood
transfusion recipients. CDC has studied several of the 24 cases,
and in at least six, non-job-related exposures were determined to
be the “most likely source of infection.” One English hospital work-
er may have developed the AIDS antibody by accidentally injecting
herself with a needle full of AIDS blood.

Despite this evidence, it is still extremely important that strict
infectious disease control procedures be followed when working
around patients that have AIDS. According to CDC officials, if
precautions for hospital workers caring for AIDS patients
recommended by CDC have been followed, 50 percent of these
accidental exposures could have been prevented

The CDC-recommended precautions include:

* Avoiding needle stick injuries by placing needles in puncture-
resistant containers. Needles should never be recapped

*Wearing Gloves and gowns when there is a risk of being
contaminated by blood or body fluids. Masks can also be worn
where a patient has an active cough.

*Labeling all.specimens and wastes generated by AIDS
patients.

*Cleaning up blood spills with a bleach solution.

*Clearly indentifying all AIDS patients so that proper
precautions can be taken

*Workers who are exposed to AIDS-contaminated blood
should immediately report the incident to their supervisor, and CDC
should be contacted.

An AFSCME AIDS Fact Sheet, which describes infectious
disease control procedures, has recently been updated. Copies
may be requested from the AFSCME Research Depatment

Questions on AIDS?

Do you have questions on how to protect
yourself when caring for AIDS or suspected
AIDS patients? Mail your inquiries to The
Public Sector, 143 Washington Avenue,
Albany, N.Y. 12210. We will print answers to
the most often asked questions in upcoming
‘issues of the paper.

THE PUBLIC SECTOR 1 1

ON THE RIGGING — First mate Jackson

the Sea Lion.

Former CSEA member
recreates ship
Jrom stem to stern

Photos and copy
by Ron Wofford
CSEA Communications Associate

MAYVILLE—When the Sea Lion sets sail next summer with its first
full complement of paid passengers, the authentic 16th century Eng-
lish merchant vessel will be sailing on the wings of a dream.

The accomplishment of re-creating a wooden ship from stem to stern
might have been enough for many, but Ernie Cowan had a dream, since
his boyhood visit to the Mayflower Il, of sailing such a ship and carrying
passengers.

After 14 years of research, building, and gaining the support of sea
lovers and his entire community, Ernie Cowan's Sea Lion has been
officially commissioned, and is plying the waters of Lake Chautauqua

The story of how Cowan, a former Chautauqua County Sheriff's dep-
uty and member of Local 807, decided to devote full time to his project

1 2 THE PUBLIC SECTOR

by enlisting all the necessary people and ingredients to make the effort
a success which has won a worldwide salute.

Liz Lasser, amember of Local 807, is one of hundreds who donated
time, money, and energy to see the project reach fruition. Lasser, a public
health nurse, spent her spare time helping out aboard the 90-ton vessel
and cut, shaped, carved, fitted, positioned, fastened, and sealed pieces
of the ship by hand.

. “ls a great experience,” declared Lasser. “Right now | am spending
three nights a week on board learning to assist with riggings, and helping
with the crew schedule.”

Lasser, a five-year county employee, said she was inspired to join
the Sea Lion project when she spotted a newspaper ad that promised

September 20, 1985

Smith climbs down from the crow’s nest of

PAST RE-CREATED — Pictured clockwise from
left: Sea Lion cannon and insignia on cannon;
ship’s bell; and ship at anchor in Lake

Chautauqua. 5

“hard work-no pay.” Said Lasser, “The ad lived up to its promise.”
The honor roll of the many others who also gave of their time would
not be complete without the name of Carl Lyon, a local lumber mill owner
and family friend, who personally selected the 400 year old virgin oak
trees and donated the use of his mill to cut the timber for the ship. The
vessel--Sea Lion—is named from his first initial and last name, C. Lyon.

The white oaks, said to contain a natural fiber that seals wood pores
to prevent leaking, were donated by the Cheney family of Bemus Point.

At the recent commissioning of the Sea Lion, messages of
congratulations were sent by New York Senators Daniel P. Moynihan
and Alfonse D'Amato.

Chautauqua County Executive John Glenzer termed the formal
commissioning “A proud day for everyone in the county.” He also

September 20, 1985

proclaimed Cowan “The county's official dreamer.”

The Sea Lion joins two other craft that make up a floating museum
on Lake Chautauqua. Chautauqua Belle, an authentic paddle wheel
steamship, and the 174 year old Bemus Point Stow Ferry.

All three are operated by Sea Lion Project Ltd., a non-profit
corporation formed to promote the enjoyment of the lake’s scenic beauty.

Those interested in helping support the operation can write to Sea
Lion Project Ltd., R.D. One Sea Lion Drive, Mayville, N.Y. 14757. Or
call: (716) 753-2403.

The address and phone number can also be used to find out about
available space on the Sea Lion. The three masted vessel sails into the
16th century of dreams in the spring of 1986

THE PUBLIC SECTOR 1 3

CSEA'S CONSTITUTION AND BY-LAWS

EDITOR’S NOTE: The Constitution and By-Laws of The Civil
Service Employees Association are at the very heart of the union
They govern the operation of CSEA and therefore have a direct
the membership. CSEA delegates will be

impact upon

Laws during

considering many important changes to the Constitution and By-

the union’s 75th Annual
schedule for Oct. 20-25 at the Marriott Marquis, New York City.
The proposed changes to be considered are presented on pages
10-15 of this edition of The Public Sector.

Delegates Meeting

The Constitution and By-Laws Committee met three times since
the Annual Delegates Meeting in October, 1984. The meeting dates
were Jan. 31, 1985; April 18, 1985; and June 27, 1985. The Con-
stitution and By-Laws Committee has as its function the recommend-
ations to the delegates of amendments to the CSEA Constitution and

By-Laws. The Committee reviews suggestions made from individuals

and Locals and accepts referrals from the delegates and Board of
Directors. Additionally, the Committee can initiate proposals which it @
deems to be in the best interests of the Association. All recommen-

dations made by this Committee are made to the delegates together

with the reasons for the recommendations.

KEY: BOLD FACE = New Material
Fl BRACKETS = Removal of Old Material

THE FOLLOWING ITEMS ARE PRESENTED TO
THE DELEGATES FOR A SECOND READING.
IF PASSED, THE AMENDMENTS WILL BE-
COME PART OF THE CSEA CONSTITUTION

(1) The following amendment to Article IV,
Section 5 is submitted to the Delegates by the
Constitution and By-Laws Committee.

“ARTICLE IV

ORGANIZATION OF THE ASSOCIATION

Section 5. OFFICERS.

(c) INDEPENDENT NOMINATIONS. Nomina-
tions for President, Executive Vice President,
Secretary and Treasurer may also be made by
official petition provided by the Executive Direc-
tor of the Association upon written request of
any member. Such petitions shall be signed by
not less than [two percent (2%) of the] 1,000
members of the Association. The 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 of the election year.”

Explanation: The first reading of this proposed
amendment provided for petitions containing not
less than 1,500 signatures. Since the last
Delegates Meeting, the U.S. Court of Appeals
for the Second Circuit has upheld a requirement
of 1,000 signatures for nomination by petition in
statewide elections. The Committee recom-
mends, therefore, that the original number of
1,500 be modified to 1,000 in order to be ab-
solutely certain that the nominating procedure
has the sanction of the Courts and, therefore,
the U.S. Department of Labor. The Committee
has been advised by Counsel that a modification
of the amendment from 1,500 to 1,000
signatures does not substantially change the in-
tent of the amendment. The Committee recom-
mends adoption of the revised amendment.

(2) The following amendment to Article XII of
the Constitution is submitted to the Delegates by
the Constitution and By-Laws Committee and is
the result of recommendations made by State-
wide Secretary Irene Carr by letter dated
December 12, 1983.

“ARTICLE XII

AMENDMENTS

Delete entire Article; insert the following new
language:

This Constitution may be amended as
follows:

(a) A proposed amendment must be submit-
ted in writing to the Secretary of the Associa-
tion at least ninety (90) days prior to the open-
ing of the delegate meeting at which it is to be
presented, and

(b) A majority of the delegates present and
voting at the meeting must approve the pro-
posed amendment or a substantially similar
amendment and order that it be published in
the official newspaper of CSEA at least ten
(10) days prior to the next meeting of the
Association, and

__(c) The proposed amendment as published
is approved by a two-thirds vote of the
delegates at the next meeting of the
Association.””

Explanation: The Committee concurs with
Secretary Carr that amendments must be sub-
mitted at least 90 days prior to the opening of
the Delegates Meeting in order to provide
enough time for the Committee to meet and
make a recommendation within 30 days and
submit its report within the required 60 days.
The remaining language contained in this amend-
ment is merely a more orderly and logical rewor-
ding of the current language. The Committee
recommends adoption of this amendment.

(3) The Chairperson of the Local Government
Executive Committee, Mary Sullivan, by letter
dated August 27, 1984, has asked the Commit-
tee to make the necessary recommendation to
the Delegates to correct the Constitution and
By-Laws by inserting the phrase “Local Govern-
ment” wherever the word ‘‘County” appears in
the Constitution and By-Laws. The reasons ad-
vanced for this proposed change are that the
“County Division” within CSEA encompasses
significantly more than the political entity known
as a County and over time the County Division
has been referred to more and more as the Local
Government Division. It is time that CSEA make
this essentially cosmetic change in order to
more accurately reflect the correct makeup of
the “County” Division.~The Committee
unanimously recommends the adoption of this
change and proposes that it be done in one mo-
tion by the Delegates approving the change

(4) On September 13, 1984, the Board of
Directors of CSEA adopted a Constitution for the
Retirees of CSEA. This Constitution contains all
of the benefits of Article X! of the Statewide Con-
Stitution plus many additional items which the
Retiree Section through the Retiree Executive
Committee has requested. Given the fact that
the governing document for the Retirees Section
is the new Retirees Constitution, it is no longer
necessary and is perhaps confusing to continue
Article Xl of the CSEA Constitution entitled
“Retirees Section.” The Committee recom-
mends the adopton of a motion deleting Article
XI in its entirety.

THE FOLLOWING ITEMS ARE PRESENTED
TO THE DELEGATES BY THE COMMITTEE AS
PROPOSED AMENDMENTS TO THE CON-
STITUTION. THE PRESENTATION TO THE
DELEGATES AT THIS MEETING CONSTITUTES
A FIRST READING OF THESE AMENDMENTS.

(1) The following amendments to Article IV,
Section 2(a) and Article VII, Section 1 were sub-
mitted by Mary Sullivan on behalf of the Local
Government Executive Committee by letter
dated August 27, 1984. Although two different
Articles are affected, they shall be read and
voted on together.

“ARTICLE IV

ORGANIZATION OF THE ASSOCIATION

Section 2. BOARD OF DIRECTORS.

(a) Voting Members — The voting members of
the Board of Directors shall be the Officers of the

Association, members of the Executive Com-
mittee of the State Division, and members of the
Executive Committee of the [County] Local
Government Division. [who represent locals
having 100 or more members as of the@
preceding January 1st, one additional member
of the County Executive Committee, to be
elected by the members of the County Ex-
ecutive Committee, representing County Divi-
sion locals which have membership of less than
100 on the preceding January 1st.]”

“ARTICLE VII

[COUNTY] LOCAL GOVERNMENT DIVISION

Section 1. [COUNTY] LOCAL GOVERNMENT
EXECUTIVE COMMITTEE.

The power and authority to transact business@
relating to employees of the political subdivisions
of the state shall, except as otherwise provided
herein, be vested in a [County] Local Govern-
ment Executive Committee which shall consist
of the Officers of the Association and one
representative from each [County] Local
Government [Division] County Local having
100 or more members as of the preceding
January-1st, and one [County] Local Govern-
ment Educational Local representative from.
each CSEA Region elected by the [County]
Local Government Educational Local members
within each Region. One additional member of
the Local Government Executive Committee
shall be elected by the members of the Local
Government Executive Committee to repre-
sent Local Government County Locals which
have membership of less than 100 on the
preceding January 1st. In addition to the
foregoing, each [County Division] Local Govern-
ment County Local with more than 10,000
members as of January 1 in the year of an elec-
tion shall, for the term of office beginning the
following July, be entitled to one additional
representative.” REST OF SECTION REMAINS
THE SAME.

Explanation: This proposal seeks to clarify
what is now ambiguous or confusing language in
the Constitution. This amendment simply states
that for purposes of determining members of the
Board of Directors, members of the Local
Government Executive Committee shall be
members of the Board of Directors. The defini
tion of the Local Government Executive Commit-
tee is modified to incorporate that provision
which provides for a voting member on behalf of
those Local Government Locals which have less
than 100 members. Since this is basically a
“housekeeping” amendment and has no signifi-
cant impact on the composition of either the
Board of Directors or the Local Government Ex-
ecutive Committee, the Constitution and By-
Laws Committee recommends adoption of thig,
proposed amendment.

(2) These proposed amendments are submit-
ted to the Delegates by the Committee as a
result of the Committee's indepth analysis and
discussion of the subjects with Mary Sullivan,
Chairperson of the Local Government Executive
Committee, Jerome P. Donahue, President of
Nassau Local, and Joseph E. McDermott, Ex-
ecutive Vice President.

1 En ©

THE PUBLIC SECTOR

September 20, 1985

CSEA’S CONSTITUTION AND BY-LAWS

“ARTICLE IV

ORGANIZATION OF THE ASSOCIATION

Section 2. BOARD OF DIRECTORS. The
power and authority to transact all business of
the Association shall, subject to the power and
authority of the Delegates at meetings of the
Association, be vested in a Board of Directors

@wyhich shall consist of the following:

(a) Voting Members — The voting members of
the Board of Directors shall be the Officers of the
Association, members of the Executive Commit-
tee of the State Division, members of the Ex-
ecutive Committee of the County Division who
represent Locals having 100 or more members
as of the preceding January 1st, and one addi-
tional member of the County Executive Commit-
tee, to be elected by the members of the County
Executive Committee, representing County Divi-

ion Locals which have membership of less than
100 on the preceding January 1st. Each Officer
of the Association shall have one vote and
each member of the State and County Ex-
ecutive Committees shall have the same
number of votes to which they are entitled to
at meetings of the State and County Executive
Committees.”’

“ARTICLE VI
STATE DIVISION
Section 1. STATE EXECUTIVE COMMITTEE.
She power and authority to transact business
relating to state employees shall, except as pro-
vided 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 Depart-
ment. The Judiciary, the State University, the
Waterfront Commission and state public
authorities as one unit, shall be deemed State
Departments. The Faculty Student Associations
ind Teachers’ Retirement System shall as a unit
be deemed a State Department. Each State
Department with more than 3,000 members as
of January 1 of the election year shall, for the
term of office beginning the following July, be
entitled to one representative on the State Ex-
ecutive Committee for each 3,000 members or
major fraction thereof. The members of the
Department of Mental Hygiene shall be elected
by Region. In all other departments entitled to
more than one representative on the Board of
@rectors, members shall be elected from the
departments on an at-large basis. Each member
of the State Executive Committee shall be en-
titled to one vote for each 100 members or ma-
jor fraction thereof that he or she represents.
Where more than one member of the State Ex-
ecutive Committee is elected from a single
department, those members shail be entitled
to a pro rata share of the votes from their
respective constituencies. The Officers of the
Association shall each be entitled to one
Cte REST OF SECTION REMAINS THE

Section 2. LOCALS. REMAINS THE SAME.

“ARTICLE VII

COUNTY DIVISION

Section 1. COUNTY EXECUTIVE COMMIT-
TEE. The power and authority to transact
business relating to employees of the political
subdivisions of the state shall, except as other-
wise provided herein, be vested in a County Ex-
ecutive Committee which shall consist of the of-

@icers of the Association and one representative

from each County Division Local, and one Coun-
ty Educational Local representative from each
CSEA Region elected by the County Educational
Local members within each Region. In addition
to the foregoing, each County Division Local
with more than 10,000 members as of January
1 in the year of an election shall, for the term of
office beginning the following July, be entitled to

September 20, 1985

one additional representative. Each member of
the County Executive Committee shall be en-
titled to one vote for each 100 members or ma-
jor fraction thereof in the Local which he or
she represents. Where there is more than one
representative from a particular Local, the
voting strength of that Local shall be divided
on a pro rata basis between the elected
representatives from that Local. The Officers
of the Association shall each be entitled to
one vote.’’ REST OF SECTION REMAINS THE
SAME.

“Section 2. LOCALS.

(a) LOCALS. A Local may be formed by the
members in the Local Government Division in
any jurisdiction where CSEA is the recog-
nized or certified bargaining agent, upon the
approval by the Board of Directors of the Con-
stitution and By-Laws of such Local. There
shall exist only one Local in each County
which shall be made up of members from
more than one political subdivision wherein
CSEA is the recognized or duly certified col-
lective bargaining agent. One Local for non-
teaching employees of school districts may
be formed in each county provided fifty per-
cent (50%) of the eligible school district Units,
but in no event less than 200 school district

“members, shall request formulation thereof.

Individual Locals may be formed for non-
teaching school district employees where
CSEA is the recognized or duly certified
bargaining agent.’’ REST OF SECTION 2(a)
REMAINS THE SAME.

Section 2(b) LOCALS. REMAINS THE SAME

Section 2(c) LOCALS. REMAINS THE SAME

Explanation: Because the Delegates have re-
jected comprehensive reorganization plans, in
the past, the Committee feels that some interim
measures must be taken in order to provide for a
more equitable voting distribution on the Board
of Directors and the ability to create additional
Locals in the Local Government Division. The
first amendment provides for a formula very
similar to the one used to determine voting
strength by Locals at this Delegate Meeting.
Each member of the Board of Directors (by vir-
tue of their membership on the State Executive
Committee or Local Government Executive
Committee) would be entitled to one vote for
each 100 members or major fraction thereof
which he or she represents. Under this pro-
posal, no Local, even the smallest ones in the
Local Government Division, lose their represent-
ation on the Board of Directors. This was one of
the factors which led to the defeat of previous
Board reoganization proposals. Another signifi-
cant feature of this proposal is that the State Divi-
sion Board members would be given their pro-
portionate share of voting strength since under
the current Board organization, while the State
Division Board reps represent more than one-
half of the membership in the Association, they
have approximately 35% of the voting strength
on the Board of Directors.

The second feature of this proposed amend-
ment would allow the Board of Directors to
create additional Locals in the Local Government
Division similar to the current ability to create
new Locals in the State Division. The Committee
believes, as supported by the input from Ms.
Sullivan, Mr. Donahue and Mr. McDermott, that it
is absolutely essential for the Board to have the
ability to create additional Locals if CSEA is to
continue to deliver high quality services to Local
Government employees. Under our current pro-
cedures, Locals comprising as few as 200
members can be created in the State Division
but the Board’s hands are tied if a Unit of 2,000
members in the Local Government Division can
justify the creation of a Local.

The Committee believes that the adoption of
these proposed amendments are critical if CSEA
is to continue as a progressive, democratic
union.

(3) The following amendments are submitted
to the Delegates by the Constitution and By-
Laws Committee. The amendments delete all
references to “registered” mail contained in both
the Constitution and in the By-Laws, leaving or
substituting the term “certified” mail. The Com-
mittee proposes that these amendments be
voted upon in one motion. If adopted, the
change in the Constitution will require a second
reading and the Committee recommends that
the By-Laws changes not be physically made
until such time as the second reading to amend
the Constitution has passed.

“ARTICLE IV

ORGANIZATION OF THE ASSOCIATION

Section 5. OFFICERS.

(b) 8. the Statewide Nominating Committee
shall make a good faith effort to select at least
two (2) nominees for each position on the State
Executive Committee.

No person shall be eligible for nomination
unless that person shall have been a member in
good standing of CSEA since June 1 of the year
preceding the election: The Statewide Nominat-
ing Committee shall file its report with the
Secretary and Executive Director of the Associa-
tion no later than March 1 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 by notifying the Secretary and the Ex-
ecutive Director of the Association by
{registered or] certified mail, return receipt re-
quested, no later than the date published in the
election schedule. The Statewide Nominating
Committee, in the event of a vacancy created by
a declination or otherwise, shall reconvene and
make a good faith effort to select another
qualified candidate if necessary, and shall file the
names of those nominees to the Secretary and
the Executive Director no later than April 15 of
the election year. The new nominees shall be
notified by [registered] certified mail, return
receipt requested, on or before April 15 of the
election year.”

Changes to the By-Laws:

“ARTICLE Ill
STATEWIDE ELECTIONS
Section 3. ELECTION PROTEST. Any

member believing himself or herself aggrieved
by any aspect of the nomination or election pro-
cess may file a written protest with the Stated-
wide Election Procedures Committee by
[registered or] certified mail, return receipt re-
quested. Such written protest must be post-
marked within ten (10) calendar days after the
member first knew or should have known of the
act or omission complained of. Notice of such
protest must also be sent by [registered or] cer-
tified mail, return receipt requested, to all other
candidates. The protest must include the
member's signed statement, supported by
necessary documentary proof, containing a *
short and plain statement of the facts upon
which the member relies to show that he or she
has been aggrieved. Each election protest must
contain the name, address and telephone
number of the member protesting the election
and a statement that all other candidates have
been notified of the protest.”

“ARTICLE IV

FINANCE

Section 2. DUES AND AGENCY SHOP FEE.

(a)(5) Any person paying an agency shop fee
who asserts that the Association is expending
more than the amount referred. to in paragraph
(a)(4) for political or ideological purposes may

15

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Spe ee ee

file a claim for such additional sum with the State
Treasurer by [registered or] certified mail. The
Treasurer will present the claim and substanti-
ation therefor to the Board of Directors at its next
regularly scheduled meeting. Based upon the
substantiation submitted by the claimant, the
Board of Directors shall notify the claimant of the
determination of the Board of Directors within
ten (10) dayS of said determination by
[registered or] certified mail.”

“ARTICLE V

JUDICIAL BOARD

Section 3. PROCEDURE.

(a) Charges against individual members.

(2) Each charge must be filed with the Judicial
Board, 143 Washington Avenue, Albany, New
York 12210, by [registered or] certified mail,
return receipt requested, and a copy of the
charge must be served on any person against
whom the charge is made by certified mail,
return receipt requested.

(6) Upon receiving a charge, the Judicial
Board may dismiss the charge or any part
thereof if it appears to be frivolous in nature,
totally lacking in substantiation or alleging con-
duct for which penalty is not appropriate. If the
Judicial Board determines that there is probable
cause to believe that the charge, if proven,
would sustain a finding of misconduct, the
Judicial Board shall then issue formal Judicial
Board charges against the member or officer
setting forth the specific acts of misconduct and
the penalties which may be imposed. These for-
mal Judicial Board charges shall be accompan-
ied by a written statement that the individual
charged has a right to object by filing an answer
by [registered or] certified mail to the Judicial
Board, with a copy to all other parties, within ten
(10) days of receipt of the formal Judicial Board
charges. REST OF SECTION REMAINS THE
SAME.

(b) Trusteeships.

(1) Any Local or Unit may be placed in
trusteeship for any reason deemed good and
sufficient by the President or by the Board of
Directors of the statewide Association. Charges
against any Local or Unit may also be deemed
charges against the individual officers of the
Local or Unit. In such case, all charges will be
heard together before the Judicial Board. The
President or the Board of Directors of the
statewide Association must serve the Local, Unit
and/or officers thereof with charges by
[registered] certified mail, return receipt re-
quested, with a copy to the Judicial Board. Such
charges must contain a clear and concise state-
ment of facts constituting the basis for placing
the Local or Unit in trusteeship and must be ac-
companied by a written statement that the Local,
Unit or individual officers charged have a right to
object by filing an answer by [registered or] cer-
tified mail to the Judicial Board within ten (10)
days after receipt of the charges. If no answer is
received, the charges shall be deemed
admitted.

Section 5. APPEALS.

(a) Any person or entity believing himself/her-
self aggrieved by a formal decision of the
Judicial Board may appeal the formal decision by
filing an objection with the Appeals Committee of
the Board of Directors of the statewide Associ-
ation within fifteen (15) days of the receipt of the
formal decision of the Judicial Board. The objec-
tions must be sent [registered or] certified mail,
return receipt requested, to the Board of Direc-
tors, Appeals Committee, 143 Washington
Avenue, Albany, New York 12210." REST OF
SECTION REMAINS THE SAME

Explanation: Information received from the
U.S. Post Office indicates the following
‘Registered mail is a service for value. Whatever

16

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CSEA'S CONSTITUTION AND BY-LAWS

is sent registered mail literally goes under lock
and key. It is also a slowed down process due to
the special handling and delivery required. The
cost for registered mail is approximately three
times the cost of certified mail. Certified mail is
designed to show proof of delivery to whom,
where and when. The post office also indicated
that ten or fifteen years ago there was no cer-
tified mail and everything was sent registered
mail. Now, most mail is sent certified and does
not require an individual to go to the post office
for mailing as does registered mail. The Commit-
tee recommends adoption of these
amendments.

(4) The following amendment is submitted to
the Delegates by the Constitution and By-Laws
Committee.

“ARTICLE IV

ORGANIZATION OF THE ASSOCIATION

Section 6. OATH. All officers of the Associ-
ation and the Board of Directors shall be required
to take an oath of office as prescribed by the
Board of Directors prior to assuming the duties
of their respective offices. The text of the Of-
ficial Oath of Office is as follows:

Installing Officer (standing before the
elected officers of the Association, Region,
Local or Unit) says:

‘My friends, you have been chosen by the
members of your (departmentilocal) of The
Civil Service Employees Association, each to
fill a particular office. Your fellow members
have thus placed their trust in you to fulfill in
every way the obligations that trust-imposes.
You will familiarize yourselves at once with
the duties of your particular office, and pro-
ceed to carry out those duties with energy
and devotion. The welfare and success of the
Association depends largely upon you and
you have a serious responsibility to seek in all
possible ways to advance the interests of The
Civil Service Employees Association. Your
Association is dedicated to upholding and ex-
tending the principle of merit and fitness in
public employement, to maintaining and pro-
moting efficiency in public service, and to ad-
vancing the interest of all civil service
employees. With faith in Almighty God, and
ever true to the ideals and the laws of our Na-
tion and our State, let us work vigorously for
the attainment of our Association’s
objectives.”’

The installing officer then requests the of-
ficers to raise their right hand, and then reads
the following pledge, at the conclusion of
which, each officer should respond: ‘‘I do.’’

**1, (blank), do solemnly swear to uphold the
Constitution of The Civil Service Employees
Association, Inc., and to perform faithfully
and impartially the duties of the office that |
hereby assume. | further swear that | shall not
engage in any act or actions detrimental to
this union or fail to act to defend this union to
the best of my ability.”

After the officers are sworn in, they are ask-
ed to face the audience. The installing officer
then says:

“| present to you the officers of your
choice. | congratulate you on the selection
you have made. Now that you have chosen
these officers to guide the destinies of your
(blank), it is your duty to aid them in every
possible way to make their administration
successul and inspiring.’

The installing officer then asks the officers
to take their respective official places. He may
then make any additional remarks suitable to
the program.”’

Explanation: The Committee believes that in-
cluding the above text in the Constitution will not
only provide an.easy reference place for ad-

ministering the oath to new officers but will also
serve as a reminder to officers of the respon-
sibilities-they have assumed. The Committee
recommends adoption of the amendment.

(5) The following amendments to Article VI,
Section 2 and Article Vil, Section 2 were submit,
ted by Irene Carr, Statewide Secretary, by letter®
dated August 28, 1984.

“ARTICLE VI

STATE DIVISION

Section 2. LOCALS. A Local may be formed
by the members in the State Division in any
department or locality upon the approval by the
Board of Directors. [of the Constitution and By-
Laws of such Local.]’’ REST OF SECTION RE-
MAINS THE SAME.

“ARTICLE Vil e

COUNTY DIVISION

Section 2. LOCALS.

(a) LOCALS. A Local may be formed by
members in the County Division in any county, 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.]”
REST OF SECTION REMAINS THE SAME.

Explanation: Since the Board of Directors ac-
tually approves the application of a Local to
become chartered without consideration of thi
Constitution and By-Laws of such Local which is
mandated, the language being deleted from the
above two Sections is unnecessary and should
be omitted. The Committee recommends adop-
tion of the amendments.

(6) The following amendments to Article VI,
Section 2 and Article Vil, Section 2 of the Con-
Stitution were submitted at the last Delegates
meeting in October, 1984, by the Constitution
and By-Laws Committee. The reason for submit-
ting the amendments at that time was that ther®
is anew procedure which is the only procedure
being followed and is contained in By-Laws Arti-
cle V, Judicial Board. It was the Committee’s in-
tent to remove language which is no longer utiliz-
ed by the Association. There was some discus-
sion at the last Delegates meeting to amend the
language which the Committee wished to
remove and that led to confusion on the conven-
tion floor and the Delegates referred the matter
back to Committee. The Committee is no
resubmitting these amendments. Although tw
different Articles are affected, they shall be read
and voted on together.

“ARTICLE VI

STATE DIVISION

Section 2. LOCALS. A Local may be formed
by the members in the State Division in any
department or locality upon the approval by the
Board of Directors of the Constitution and By-
Laws of such Local. In the event that a Unit of
state government is transferred to the govern-
ment of a political subdivision and provided th®
the employees of such government Unit trans-
ferred would not be eligible for membership in
another Local, such Unit may be affiliated with
the Local to which the employees of such
government Unit belonged prior to becoming
employees of the political subdivision. Each
such Local shall make available to the duly
authorized representative of the Association at
the request of the President or the Board of
Directors at reasonable intervals, all Local
records for inspection by the Association, It sh
be discretionary for each Local to establish Units
within its Locals where more effective represen-
tation of its members would be thereby ac-
complished. [A Local may be placed in
trusteeship by the President of the Association
with the approval of the Board of Directors or the
Board of Directors’ Committee for failure to com-
ply with a request for an inspection of the books
and records of the Local within ten days of such

el

September 20, 1985

CSEA'S CONSTITUTION AND BY-LAWS

request. A Local may be placed in trusteeship
for any reason deemed good and sufficient by
the President of the Association provided a hear-
ing is afforded before the Board of Directors and
written charges are served within ten days of
placing the Local in trusteeship. The Board of
Directors by a two-thirds vote may dissolve the
Local or suspend it for a period not to exceed
ninety days after such charges have been serv-
ed upon the Local and it has been given an op-
portunity to be heard.}”

“ARTICLE Vil

COUNTY DIVISION

Section 2. LOCALS.

(a) LOCALS. A Local may be formed by
members in the County Division in any county, 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
e Local for non-teaching employees of school

districts may be formed in each county provided

fifty percent of the eligible school district Units,
but in no event less than 200 school district
members, shall request formulation thereof.

Each such Local shall make available to the duly

authorized representative of the Association at

the request of the President or the Board of

Directors at reasonable intervals, all Local

records for inspection by the Association. [A

Local may be placed in trusteeship by the Presi-
@ ‘ent of the Association with the consent of the

Board of Directors or the Board of Directors’

Committee for failure to comply with a request

for an inspection of the books and records of the

Local within ten days of such request. A Local

may be placed in trusteeship for any reason

deemed good and sufficient by the President of
the Association provided a hearing is afforded
before the Board of Directors and written
charges served witin ten days of placing the

Local in trusteeship. The Board of Directors by a
@ two-thirds vote may dissolve a Local or suspend

it for a period not to exceed ninety days after

such charges have been served upon the Local
and it has been given the opportunity to be
heard.]””

Explanation: The Committee believes that the
langauge contained in these two Articles con-
cerning the placing of a Local into trusteeship is
no longer necessary or desired in view of the
language contained in Article V of the By-Laws
dealing with the Judicial Board. The Committee

@recommends adoption of these amendments.

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 |,
Section 4 and Section 5 were submitted by
irene Carr, Statewide Secretary, by letter dated
December 3, 1984.

“ARTICLE |

OFFICERS

Section 4. TREASURER. The Treasurer shall
serve on a full-time basis. If the Treasurer is
unable to obtain a paid leave of absence from the
employer, the Association shall, pursuant to law,
obtain a paid leave of absence for the Treasurer
and the Association shall reimburse the
employer for the cost of such leave. The
Treasurer shall be responsible for the custody of
all funds of the Association. The Treasurer shall
be responsible for the implementation of the duly
adopted budget and the periodic reporting
thereon. The Treasurer shall keep a true and ac-
curate record of all receipts and disbursements,
all moneys, securities and other property owned
by the Association, and shall submit an itemized
report at each annual meeting of the Association

e@September 20, 1985

and such other reports as the President may re-
quire. The Treasurer's accounts shall be open at
all times to the inspection of members of the
Board. of Directors. The Treasurer shall be
responsible for the implementation of the ‘Finan-
cial Standards Code’ and for the training of the
treasurers of the Regions, Locals and Units. The
Treasurer shall perform those other duties as
assigned by the President or the Board of
Directors of the Association. The Treasurer
shall be bonded at the expense of the Associa-
tion in an amount fixed by the Board of Directors.
Each Local shall be required to submit an annual
report to the Treasurer. The Treasurer shall be
responsible for obtaining and maintaining the an-
nual fiscal report of each Local.”

“Section 5. SECRETARY. The Secretary shall
serve on a full-time basis. If the Secretary is
unable to obtain a paid leave of absence from the
employer, the Association shall, pursuant to law,
obtain a paid leave of absence for the Secretary
and the Association shall reimburse the
employer for the cost of such leave. The
Secretary shall be the custodian of all official
papers of the Association and shall be responsi-
ble for keeping and disseminating records of
Association meetings, Board meetings, Officers’
meetings, and special meetings of the Board in-
cluding any motions made at such meetings. The
Secretary shall be involved in the training of
Region, Local and Unit secretaries. The
Secretary shall perform those other duties as
assigned by the President or the Board of
Directors of the Association.. The Secretary
shall be bonded at the expense of the Associa-
tion in an amount fixed by the Board of
Directors.”

Explanation: The Committee concurs with Ms.
Carr that a statewide elected officer, no matter
what the title, is responsible to the total member-
ship and that there are times when the President
and/or Executive Vice President are not accessi-
ble and responsibilities fall to all four Statewide
Officers. The Committee recomends adoption of
these amendments.

(2) The following amendment to Article 1, Sec-
tion 6 was submitted by Mary Sullivan on behalf
of the Local Government Executive Committee,
by letter dated February 21, 1985.

“ARTICLE |

OFFICERS

Section 6. The Officers of the Association,
President, Executive Vice President, six Vice
Presidents who are Region Presidents,
Secretary and Treasurer |, who are not elected
delegates from their Locals,] shall by virtue of
their office be designated as voting delegates at
all meetings of the Association.”

Explanation: Since our Constitution prohibits
the Officers of the Association from serving as
an Officer of a Local or Unit, and since delegates
must now be elected officers or elected
delegates of Locals, the phrase “who are not
elected delegates from their Locals’ is inap-
propriate. Officers of the Association should be
voting delegates by virtue of their office as are
officers of Locals. The Committee recommends
adoption of the amendment.

(3) The following amendment to Article IV,
Section 3 of the By-Laws is submitted by the
Committee as a result of a proposal forwarded to
it by Joseph E. McDermott on behalf of the
Statewide Officers by letter dated May 12,
1984

“ARTICLE IV

FINANCE

Section 3. REFUND AND REIMBURSEMENT.

(a) REFUNDS TO LOCALS. REMAINS THE

SAME.

(b) Where, as a result of reorganizing an ex-
isting Local or Locals, a new Local is created,

the new Local shail be entitled to a payment

from the reorganized Local or Locals. Such
payment shall be in an amount equal to six (6)
months refund as provided in subdivision (a)
above for each member and agency fee payer
reassigned from the reorganized Local to the
new Local.

(b) relettered to (c)

(c) relettered to (d)

(d) relettered to (e)”

Explanation: The general consensus of the Of-
ficers is that a fair share of the dues provided to
the already existing Local should be automatical-
ly transferred to a new Local created by a “spin
off.” Unless financial assistance of this nature is
given, the new Local is without sufficient funds
when it needs them the most, at its inception. It
is highly unlikely that the parent Local would
have exhausted the :unds which it had received
on behalf of the “ pin off’’ Local and therefore,
this provision de 3 not create a hardship for the
parent Local. The Committee recommends
adoption of the amendment.

(4) The following amendment to Article V, Sec-
tion 1(a) is submitted by the Constitution and By-
Laws Committee as a result of motions submit-
ted by Joel Schwartz, Local 446, dated May 30,
1985, and Margaret Robinson, Local 446,
dated June 13, 1985.

“ARTICLE V

JUDICIAL BOARD

Section 1. MEMBERS.

(a) The Judicial Board shall be comprised of
[eight] fourteen members. Each Region Presi-
dent shall appoint [one] two members and the
President of the statewide Association shall ap-
point two members. From these [eight] fourteen
members, the President of the statewide
Association shall appoint the Chairperson and
the Vice Chairperson of the Judicial Board.”

Explanation: Under Article V, Section 3(a)(9),
it is required that all determinations of the
Judicial Board shall be made by a majority vote
of at least five voting members present. In the
past, the Board has experienced difficulties
meeting this provision due to illness, inclement
weather conditions, etc. The amendment would
increase the Board from eight to fourteen
members which would virtually guarantee that
the required number of voting members would
be present. The Committee recommends adop-
tion of the amendment.

(5) The following amendments to Article V,
Sections 2 and 3 of the By-Laws are submitted
by the Constitution and By-Laws Committee as a
result of a recommendation made by the Judicial
Board by letter dated June 11, 1985.

“ARTICLE V

JUDICIAL BOARD

Section 2. JURISDICTION.

(a) The Judicial Board herein created shall
have the power to hear, investigate, determine,
and all powers incidental thereto, as well as the
power to promulgate procedures concerning:

(1) all complaints and charges against
members;

(2) trusteeships; ’

(3) election questions concerning contract
ratification.”

“Section 3. PROCEDURE.

(a) Charges against individual members.

(1) Any member may file a [charge] complaint
against any member or officer of CSEA. Any Ex-
ecutive Board of a Unit, Local or Region may file
a [charge] complaint against any member of of-
ficer of CSEA.

(2) Each [charge] complaint must be filed with
the Judicial Board, 143 Washington Avenue,
Albany, New York 12210, by registered or cer-
tified mail, return receipt requested, and a copy
of the [charge] complaint must be served on
any person against whom the [charge] com-

17

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PE gs RE OAs kaon mE ae Oe rece eee ie

plaint is made by certified mail, return receipt
requested.

(3) The [charge] complaint must contain the
name, address, social security number, and
Local of the member making the [charge] com-
plaint and the name, address; and Local of any
party against whom the [charge] complaint is
made. The [charge] complaint must set forth a
clear, concise statement of the alleged wrongful
conduct together with the dates and places
where the conduct took place, and the names,
addresses and telephone numbers of any
witnesses to the alleged wrongful conduct. If a
violation of a CSEA constitution is alleged, the
specific article and section of that constitution
must be included; if the [charge] complaint
alleges a violation of a mandate of the Board of
Directors of the statewide Association, the
specific mandate must be stated. The [charge]
complaint shall be accompanied by documenta-
tion and/or a statement signed by the member
which supports the [charge] complaint and
must also contain a statement by the member
making the [charge] complaint that the person
against whom the [charge] complaint is made
has been given a copy of the [charge]
complaint.

(4) The following shall constitute the basis for
[charges] complaints against any member or of-
ficer of CSEA: REST OF SUBSECTION RE-
MAINS THE SAME.

(5) A [charge] complaint may be amended at
any time with proper notice to all parties but,
once filed, may not be withdrawn without the
consent of the Judicial Board.

(6) Upon receiving a [charge] complaint, the
Judicial Board may dismiss the [charge] com-
plaint or any part thereof if it appears to be
frivolous in nature, totally lacking in substantia-
tion or alleging conduct for which penalty is not
appropriate. If the Judicial Board determines that
there is probable cause to believe that the
[charge] complaint, if proven, would sustain a
finding of misconduct, the Judicial Board shall
then issue formal Judicial Board charges against
the member or officer setting forth the specific
acts of misconduct and the penalties which may
be imposed. REST OF SUBSECTION REMAINS
THE SAME.

(7) No change

(8) No change

(9) No change

(10) Nothing herein shall preclude settlement
of the complaint or charges at any stage of this
procedure.

_(11) Any member or officer may be suspend-
ed from elected office, pending a hearing and
determination by the Judicial Board, by the
President of the statewide Association or by the
Executive Board of any Region, Local or Unit of
CSEA provided that a written [charge] com-
plaint is filed with the Judicial Board within
seven (7) days of the suspension. If such
[charge] complaint is not filed with the Judicial
Board in conformity with the procedures set
forth under this section, the Judicial Board may
revoke the suspension.

(12) No change

(b) Trusteeships.

(1) No change

(2) No change

(3) No change”

Explanation: The Judicial Board believes that
many people are confused as to the difference
between the terms “charges” and ‘formal
charges” as currently used in this Article. In
order to eliminate this confusion, the Committee
has proposed that the term “complaint” be used
for all those allegations submitted by charging
parties against a member and the term
“charges” be used for those drafted by the
Judicial Board as a result of the filing of the com-

18

THE PUBLIC SECTOR

CSEA'S CONSTITUTION AND BY-LAWS

plaint. This change will eliminate the allegations
that currently are made that the mere filing of a
complaint by a member against another member
constitutes Judicial Board “charges.” The
amendment would simply characterize this por-
tion of the procedure as the filing of a
“complaint” which is less  stigmatizing and
reflects more accurately the overall Judicial
Board procedure. The Committee recommends
adoption of these amendments.

(6) The following amendment to Article V, Sec-
tion 6 of the By-Laws was submitted by the
Judicial Board by letter dated January 25,
1985.

ARTICLE V

JUDICIAL BOARD

Section 6. CONTRACT RATIFICATIONS.

(a) Any member of a bargaining unit may file a
request for a review of the procedures utilized in
conducting a ratification vote of a duly
negotiated collective bargaining agreement
covering that member’s bargaining unit. All
preregistration or ratification procedures
must be sent with the protest to the Judicial
Board including, but not limited to, a copy of
the notice to the membership, written voting
procedures of the bargaining unit’s by-laws or
elections committee, a copy of the ballot and
a statement of the facts and circumstances
concerning the conduct of the ratification
vote. Such request for review must be filed
within five (5) days after the result of the ratifica-
tion vote has been made public.”

Explanation: The current procedure is defi-
cient in that the complaint filed with the Judicial
Board relative to a contract ratification procedure
does not require any of the information required
by the proposed amendment. Consequently, the
Judicial Board on its own initiative must seek to
obtain this basic information before it can even
begin to examine the complaint. Contract
ratification complaints must be resolved quickly
given the ramifications of such a complaint. Re-
quiring the complainant to file additional informa-
tion with the complaint will not only aid the
Judicial Board in the disposition of the complaint
but will also provide the complainant with a timely
determination.

(7) The following amendment to Article VI,
Section 1(d) was submitted by Mary Sullivan on
behalf of the Local Government Executive Com-
mittee, by letter dated February 21, 1985.

“ARTICLE VI

COMMITTEES

Section 1. STANDING COMMITTEES.

(d) The membership of the standing committee
shall not be less than seven nor more than
eleven and the makeup of such committee shall
include representation from each Region [and at
least one member of the County Division] with
representation from the Local Government
and State Divisions.”’

Explanation: Since the current Standing Com-
mittees address issues which concern all union
members and their purposes are not exclusive to
either Division, it is not appropriate to single out
Local Government for “at least one member”
than it would be for the State. The Committee
recommends adoption of the amendment.

(8) The following are proposals which would
implement the recommendations of the Methods
and Procedures Committee. The justification for
these proposals is contained in the Methods and
Procedures Committee Report, and the Con-
stitution and By-Laws Committee merely sets
forth the proposed language to implement the
changes without taking a position relative to the
changes.

Constitution Changes

“ARTICLE IV

ORGANIZATION OF THE ASSOCIATION

Section 2. BOARD OF DIRECTORS. RE-

MAINS THE SAME.

(a) Voting Members — The voting members of
the Board of Directors shall be the Officers of the
Association, members of the Executive Commit-
tee of the State Division, members of the Ex-
ecutive Committee of the County Division. [who
represent Locals having 100 or more members
as of the preceding January 1st, and one addi-
tional member of the County Executive Commi
tee, to be elected by the members of the County
Executive Committee, representing County Divi-
sion Locals which have membership of less than
100 on the preceding January 1st.]”

Note: This amendment is also contained in Item
#1 on page 4 of this report.

“{(b) Non-Voting Members — The non-voting
members of the Board of Directors shall be the
Chairpersons of all Standing Committees as
established in Article VI, Section 1 of the By
Laws and the Chairperson or Vice Chairperst
of the Retirees Section Executive Committee.

Non-Voting Members of the Board of Directors
shall not introduce, second, or debate any action
before the Board except matters affecting the
non-voting member's own Committee.]”

“ARTICLE VI

STATE DIVISION

Section 1. STATE EXECUTIVE COMMITTEE.
The power and authority to transact business
relating to state employees shall, except as pro®
vided herein, be vested in a State Executive
Committee. REMOVE EXISTING LANGUAGE
RELATIVE TO COMPOSITION OF THE STATE
EXECUTIVE COMMITTEE AND SUBSTITUTE
WITH THE FOLLOWING LANGUAGE. The State
Executive Committee shall consist of the Of-
ficers of the Association plus twenty-five addi-
tional members organized as follows. From
within each of the six CSEA regions: one
representative from the Administrative Ser-
vices Bargaining Unit to be elected b'
members from that bargaining unit within the
Region; one representative from the Institu-
tional Services Bargaining Unit to be elected
by members of that bargaining unit within the
Region; one representative from the Opera-
tional Services Bargaining unit to be elected
by members of that bargaining unit within the
Region; and one representative for all other
State employees within the region
(authorities, commissions, Division of Militar
and Naval Affairs, etc.) to be elected by suc!
employees represented by CSEA within the
Region. Additionally, there shall be elected on
a Statewide basis one representative of the
Judiciary. The State Executive Committee shall
elect from its membership one member to be
known as the Chairperson of the State Executive
Committee.” REST REMAINS SAME.

“ARTICLE VII

COUNTY DIVISION

Section 1. COUNTY EXECUTIVE COMMIT:
TEE. The power and authority to transa
business relating to employees of the political
subdivisions of the state shal, except as other-
wise provided herein, be vested in a County Ex-
ecutive Committee. REMOVE EXISTING
LANGUAGE RELATIVE TO COMPOSITION OF
THE COUNTY EXECUTIVE COMMITTEE AND
SUBSTITUTE WITH THE FOLLOWING
LANGUAGE. The County Executive Commit-
tee shall consist of the Officers of the
Association plus 25 additional member,
organized as follows. From within each of th
five CSEA regions (excluding Region 2 which
has no local government employee represen-
tation): one member who is employed by a
county, to represent county employees and to
be elected by all county employees
represented by CSEA within the Region; one
member, who is employed by a city, to repre-
sent city employees and to be elcted by all ci-

aS SSS

September 20, 1985

ty employees represented by CSEA within the
Region; one member, who is employed by a
school district, to represent school district
employees and to be elected by all school
district employees represented by CSEA
within the Region; one member, who is
employed by a town, to represent town
employees and to be elected by all town
employees represented by CSEA within the
Region; and one member, who is an employee
of any other type of local government jurisdic-
tion, to represent employees of all other local
government jurisdictions and to be elected by
such employees represented by CSEA within
the Region (villages, authorities, libraries,
etc.). The County Executive Committee may
create one or more subcommittees to perform
such duties as the County Executive Committee
shall delegate.” REST OF SECTION REMAINS
THE SAME.

“ARTICLE IV

ORGANIZATION OF THE ASSOCIATION

Section 5. OFFICERS. The officers of the
Association shall be a President, [an Executive
Vice President,] a Secretary-Treasurer, six Vice
Presidents to be the six Region Presidents. [,
the Secretary and Treasurer.]

CSEA’S CONSTITUTION AND BY-LAWS

(a) ELECTION. The [four] two statewide of-
ficers of the Association shall be elected by
secret ballot tri-annually (every three years). The
six Vice Presidents of the Association shall be
elected for a term of three years, such elections
to be conducted concurrent with Region elec-
tions. All officers of the Association shall hold of-
fice for a term of three years, commencing on
July 1 of the year in which they were elected, or
until their successors shall have qualified.
Vacancy in the office of President shall be filled
by the [Executive Vice President] Secretary-
Treasurer on a temporary basis or for the re-
mainder of an unexpired term. Vacancy in the
office of [Executive Vice President] Secretary-
Treasurer shall be filled by the Board of Direc-
tors by electing any one of the six Vice
Presidents.[, the Secretary or the Treasurer.] A
vacancy in the term of any of the Vice Presidents
shall be filled according to the Constitution and
By-Laws of the respective Regions. [Vacancies
in the office of Secretary and Treasurer may be
filled for the remainder of the term by the Board
of Directors.] No statewide officer shall be an of-
ficer of a Local or Unit.

(b) NOMINATIONS.

1. For those election years in which the [four]

two statewide officers are elected, each Region
shall nominate for the Statewide Nominating
Committee at least seven (7) members who
have been members in good standing of CSEA
for at least two (2) years prior to January 1 of the
election year.” REST OF SECTION REMAINS
THE SAME.

All correspondence with resolutions and/or pro-
posed amendments received by the Committee
as of the date of its last meeting (June 27,
1985) have ‘been reviewed. Appropriate
responses have been directed to the individuals
involved.

Submitted by,

REVISION OF THE CONSTITUTION
AND BY-LAWS COMMITTEE

CARMEN BAGNOLI, Chair
Rita Wallace

Fred Daniels

Jerry Barbour

Bruce Larsen

Charlotte Murray
Terrence Melvin

STOP-DWI PROGRAM

DON’T DRINK AND DRIVE—Westchester County employees are
concerned about drunk drivers and recently helped kick off a new STOP

DWI campaign in White Plains. CSEA Region Ill President Pat Mascioli

September 20, 1985

and Westchester County Executive Andrew O’Rourke are pictured here
pointing out a warning to residents.

19

THE PUBLIC SECTOR

Region II

NEW YORK—When the polls were closed, the votes counted and
the rhetoric died down, CSEA members in Region II were big winners
in the Sept. 10 New York City primary election.

“This was our first time out in city politics,” says Regional President
George Boncoraglio, ‘‘and now have a strong base to grow from the
next time around. CSEA is no longer an unknown quantity down here.”

In addition to weeks of phone banking, distributing campaign literature
and providing other campaign assistance, hundreds of CSEA activists
turned out on election day to help endorsed candidates “get out the
vote” in all five boroughs.

The results were impressive: 11 of 16 endorsed were winners;
four out of five non-winning campaigns pitted CSEA challengers against
popular incumbents; two of the non-winning campaigns came extremely
close to victory, with one outcome still contested at publication time.

CSEA scored its greatest success in the race for Manhattan
Borough President, where City Clerk David Dinkins won an impressive
victory. CSEA volunteer made up one of the largest labor contingents in
the Dinkins effort.

Among other bright spots, CSEA helped secure the margin of victory
for City Council incumbents Miriam Friedlander, Ruth Messinger, Carolyn
Maloney and Michael DeMarco; provided substantial support for maverick
Council candidate Steve DiBrenza, who will fill the seat of retiring Council
Majority Leader Tom Cuite; created the backbone of Civil Rights Attorney
C. Vernon Mason's challenge to Manhattan District Attorney Robert
Morganthau (Mason received one-third of the votes while running with
almost no campaign funds against a political institution); backed David
Rothenberg, who came close to defeating a 16-year City Council
incumbent.

“This was a learning experience all around,” claims Regional Political
Action Coordinator Lauri Cohen. ‘Our members were involved from start
to finish and saw that there’s a lot more to a campaign than just deciding
to run and expecting voters to turn out.”

“The bottom line is that we were able to provide volunteers for the
campaigns when they were needed,” adds Regional President
Boncoraglio. “That's going to make our endorsements even more
important to candidates from here on.”

Region IV

MOREAU—With their first political action success under their belts
the town of Moreau unit members, all 10 of them, are gearing up for
asecond campaign effort for November’s town board general election.

John Donohue retained hold on one of two Republican nominations.
Official results show Michael Karpinski in a tie with Michael J. Sullivan.
“We endorsed Michael Sullivan and Daniel Silvey in the Republican pri-
mary,” Unit President Joe Reynolds reports. “Sullivan tied an established
local politician with 589 votes. Silvey made a good showing against an-
other established area figure.”

Reynolds was filled with praise for the professionalism of the
campaign which did generate comments from local area politicians and
residents.

“Region IV Political Action Chairman John Francisco worked closely
with Capital Region Politicat Action Liaison Edward LaPlante and
Communications Associate Dan Campbell to formulate a short, but highly
effective radio ad campaign on a local station,” Reynolds said. “The
voters got the message and now the local politicians are looking at CSEA
in a different light.”

Basking in the glow of victory, Reynolds acknowledged that the
upcoming general election would be the acid test. “There is the possibility
that all the unsuccessful candidates could run for election as
independents in November,” Reynolds said. ‘That means we have to
work on a grass roots level to make sure that our local residents know
who we have endorsed for election and why we believe local government
would be better served by these people.”

Primary °85

election wrap

ia

DON’T TAKE ANYTHING FOR GRANTED was the message CSEA campaign
volunteers received as they took to the streets to ‘‘get out the vote’’ for endorsed
candidates in the Sept. 10 New York City primary. Jesse Jones and Martha Matos,
Alberta Campbell of Manhattan Developmental Center Local 443, await passersby
to hand out literature in support of CSEA endorsed candidates.

Region VI

BUFFALO—The victory of George K. Arthur in the Buffalo Democratic
primary race for mayor has CSEA PAC members and activists
encouraged and inspired to work for another win in the November general
election. :

“It's gratifying to know that the general public agreed with our early
endorsement of Mr. Arthur as the best candidate for all of Buffalo,”
declared Region VI President Robert L. Lattimer. ‘Now our job is to get
even more of our concerned members to pitch in and see that Arthur
is the next mayor of Buffalo.”

In the June endorsement of the Buffalo Common Council President,
Lattimer lauded Arthur as a candidate who ‘understands the problems
that public employees face from first-hand experience.”

As a former employee of the state Division for Youth, Arthur was
an active member of AFSCME. The DFY is now represented by CSEA
Local 562, whose president, William Jordan, and PAC Chairwoman
Kathy Nailor were very active in the campaign.

Nailor said more than 65 Local 562 members made phone calls,
passed out literature, and generally did all they could to bring out the
vote. ‘Four of our members are committeemen, so, we have a good
tradition of being active and supportive of our CSEA-endorsed
candidates,” said Nailor. “Now we must keep up the moment and see
it through the general election to victory.”

Local 303 members, employees of Roswell Park Memorial Institute,
were also active in getting out the vote for the CSEA- endorsed mayoral
candidate according to Verona White, local PAC chairwoman.

“We held weekly breakfast meetings,’ said White, and gave out lists
of phone numbers of registered Democrats, passed out posters and tried
to get everyone involved.” je

White said she and fellow PAC members Madeline Easley and Pauline
Evans are very happy about the primary results, but realize this is only
the half-way mark, ‘We plan to work just as hard, or harder in the general
election so we can feel this good in November,” she concluded

Joseph Martin, political action coordinator for the region, worked
directly with the Erie County Democratic party in coordinating the CSEA
support and called the CSEA activism ‘just the kind of effort we need
more of to insure Arthur's success.”

20

THE PUBLIC SECTOR

san A ic a NS AUR CS aden AD

September 20, 1985