CSEA PRESIDENT WILLIAM L. McGOWAN discusses
tentative contract during press conference this week in
Albany. CSEA counsel and chief negotiator James W.
Roemer is behind McGowan, and the state’s chief
negotiator, GOER Director Thomas F. Hartnett, is at
right.
ALBANY — After four months of hard bargain-
ing and just hours before the deadline, CSEA and
the State of New York reached agreement March
31 on a new three-year contract with major sala-
ry increases and no givebacks.
In a news conference held the following day,
CSEA President William L. McGowan declared
“Our negotiating team worked hard and stayed
together and we ended with a good contract.”
The settlement awards salary increases of 5 per-
cent this year, 5.5 percent in 1986 and 6 percent
in 1987. They compound to 17.5 percent over the
life of the contract.
Longevity payments were maintained for most
career employees while newer workers would con-
tinue to receive increments until reaching the top
of their salary schedule.
t (Continued on Page 14)
2 Public
Official Publication of 3
The Civil Service Employees Association Local 1000,
American Federation of
State, County and Municipal Employees AFL-CIO.
a6 > 4
CISSN 0164 9949)
Vol. 8, No.7
Friday, April 5, 1985
RATIFICATION PROCESS
ALBANY — When CSEA and State negotiators
reached tentative agreement the evening of
March 31, it signaled an end to talks which had
continued since December. But it also signaled the
beginning of the contract ratification process,
which is expected to take at least six weeks to
complete.
Plans for ratification began taking shape with-
in hours of the teams’ handshake, and CSEA staff
immediately began to prepare contract informa-
tion which must be sent to each CSEA member in
the Administrative, Institutional and Operation-
al services bargaining units.
The union’s by-laws, for example, mandate that
all members receive copies of the newly-
negotiated agreement prior to ratification. So, as
in the past, plans call for printing full contract lan-
guage, in tabloid newspaper form, and mailing the
texts directly to members in each bargaining unit.
Fact sheets summarizing changes in each con-
tract will also be widely distributed, both by di-
rect mailings and at informational meetings.
To give members an opportunity to hear expla-
nation of contract, changes and to ask questions,
informational meetings will be held throughout
the state. Sessions will be held at convenient lo-
cations in each of the six CSEA Regions the week
(Continued on Page 17)
. CONTRACT DETAILS—Pages 9-19
Contract information meetings w
all regions
between April 22-26. See meetings schedule on page 17.
ALBANY — Jim Corcoran, CSEA’s director of
fety and health, considers a |
completed landmark VDT study a1
than’ 900. Hate Me ¥ Vehicles ani
issues ore arisin
chnologies and wi
ct_ on the people
| Study
| details
{ Page 20
POUGHKEEPSIE — A former city of Poughkeepsie employee is $13,000
richer thanks to CSEA.
Following a two-year court battle, Janice Mielich recently received back
pay which she was granted originally in a PERB ruling in February 1983.
The PERB decision, which included reinstatement as well as back pay, result-
ed from a challenge made by Mielich after her layoff in January 1981.
According to Region III Field Representative John Deyo, Mielich, a nine-
and-one-half-year employee, argued that she had been improperly laid off
by the city when it made budget cuts in 1981. She held that she was not a provi-
sional employee as the city had claimed. Instead, because she had taken a
promotional exam for her position as record clerk, she contended she should
have been made a permanent employee.
The PERB arbitrator agreed, stating in the ruling that Mielich ‘had no
reason to believe that she was anything other than permanent.” Furthermore,
“Mielich should have been made a permanent employee and not be subject
to such a layoff,” according to the ruling.
Mielich refused the offer of reinstatement because while she was wait-
Big back pay for former Poughkeepsie worker
ing for her case to be settled, she was offered a position with the town of Hyde
Park where she currently works.
Deyo noted that if the city had not appealed the decision in 1983 and reim-
bursed Mielich at that time, taxpayers would have been saved over $3,000,
not including court costs.
CSEA Attorney Thomas Mahar explained that the $13,000 settlement
reflected monies Mielich lost while she was laid off.
Mielich is thankful for CSEA’s perseverence on her behalf.
“This case went on for four years,” she noted. “I’m very grateful that
Mr. Mahar kept going, even through the appeals. It was good to have CSEA
on my side.”
‘This case went on for four years. It was
good to have CSEA on my side.
Fear sparked by firing of guard in state job office
NEWBURGH — The firing of a security guard in the state Job Service Of-
fice in the city of Newburgh could cause some serious safety problems there,
according to a CSEA representative.
And workers in the office which handles job searches and unemployment
Ulster County way of figuring
service time ruled in error
KINGSTON — Does an approved maternity leave constitute a break in con-
tinuous service?
Ulster County officials thought so when they denied a 10-year longevity pay-
ment to CSEA employee Deborah DeAngelo.
But according to the recent ruling of an arbitrator on the case, the county
was wrong in its action. In fact, because of the decision county-timekeepers will
be spending a lot of their time in the next few weeks readjusting service time
not only for DeAngelo, but for many other employees.
In the course of DeAngelo’s case, it was discovered that Ulster County had
made a practice of adjusting service time every time an employee took approved
leave.
Misinterpreting the meaning of continuous service under a vacation clause
in the last contract, the county had proceeded to recalculate service time—
excluding approved leave—for entitlement to longevity benefits, even though
there were no discussions with the union on the subject.
The arbitrator pointed out that while the present contract language “sheds
no light on the definition of continous employment,” a 1977-79 contract clarified
that approved leave time should be included as part of service time.
The arbitrator emphasized that changes in the longevity clause in the 1980-82
agreement did not affect the “element of continuous service.”
insurance are expressing fears that budget cuts that forced the termination of
the guard will mean a return to vandalism and violence directed at the staff.
In a letter to the Department of Labor, Region III Field Representative
Felice “Flip” Amodio said: ‘The assignment of security on-site for the last few
years was a relief, to say the least, for the employees there.
“The numerous incidents through the years and the disarray they caused
were finally resolved tremendously when the N.Y.S. Department of Labor
realized the problems. Grievances, meetings, telephone calls and
labor/management discussions resulted in the placement of security on-site.”
Amodio emphasized that once the guard was hired about four years ago, ~
problems in the office stopped.
“The withdrawal of security is a slap in the face to the employees,” says
Amodio. “The decision is improper, inappropriate and ill-timed. Under the guise
of economy, it sums up the penny-wise and dollar-foolish philosophy.”
Candidates for statewide CSEA
office to speak in Region VI
MAYVILLE — Announced candidates for statewide CSEA office have
been invited to speak at a session co-sponsored by six western New York
locals. 8)
The forum will be at the White Inn, E. Main Street, Fredonia, on April 17
at 8 p.m.
Sponsoring the meeting are: Local 400, J. N. Adam Developmental
Center; 408, Gowanda Psychiatric Center; 509, DOT-Mayville; 607, SUNY
Fredonia; 627, Fredonia FSA; and 807, Chautauqua County.
The meeting is open to all CSEA members.
Board of
Directors
Meeting highlights
EDITOR’S NOTE: The Public Sector regularly
publishes a summary of actions taken by CSEA’s
Statewide Board of Directors at the Board’s official
meetings. This summary is prepared for the infor-
mation of union members.
By Irene Carr
CSEA Statewide Secretary
ALBANY — The 1985 statewide officer election
schedule, the audit report, and preparation of the
new headquarters building were among matters ad-
dressed by the statewide Board of Directors at their
Feb. 21 meeting.
On recommendation of the Local Government Ex-
ecutive Committee, appointments were made to fill
vacancies on several committees. Appointments in-
cluded John McAlonan to the Directors’ Budget Com-
mittee, Candy Saxon to the Personnel Committee,
and Janice Schaff-McGuiness to the Public Sector
Committee.
Plans were announced to hold the 1986 Local
Government Workshop at the Nevele in the Catskills.
(The 1985 event is set for Albany, June 7-9.) The Spe-
cial Audit Committee report was accepted. Details
of the audit were published in a recent edition of The
Public Sector. The accounting firm of Coopers &
Lybrand were selected to perform the CSEA audit
for the fiscal year ending Sept. 30, 1985.
The Budget Committee reported revisions in the
FY 1986 budget, and the Board approved an increase
in the line item Representation/Challenges from
$50,000 to $150,000.
Three actions were taken upon recommendation
of the Charter Committee. Environmental Facilities
Corporation Local 065 was dissolved; a new local was
created at St. Lawrence University; and contingent
upon the state Legislature abolishing Utica and Mar-
cy psychiatric centers, the charters of Utica PC Lo-
cal 425 and Marcy PC Local 414 will be dissolved, and
to represent those members, a new local will be
created, to be called Mohawk Valley Psychiatric
Center Local.
The Public Sector Committee recommended that
all candidates for statewide office be limited to a
600-word statement in the union publication.
Acting on the report of the Statewide Election
Procedures Committee, the Board approved the 1985
election schedule for statewide offices, accepted the
bid from the Independent Election Corporation of
America to conduct the balloting, and approved the
recommended ballot validation process.
The Board approved a recommendation from the
Page 2
THE PUBLIC SECTOR, Friday, April 5, 1985
0
newly-appointed chairman of thé Membership Com-
mittee, Frank Zammiello, that the $5 incentive pay-
ments made for signing up a new member in a non-
agency shop local or unit be paid only to a member
of a duly appointed membership committee where
there is an active campaign in effect as defined by
CSEA’s Membership Department.
Two new representatives from Region II — Harold
Robertson and Vincent Martiusciello — were named
to the Statewide Political Action Committee. They
will replace Tina Packer and Adele Brokove.
Several items were approved based on the report
of the Office Space/Building Task Force. President
McGowan was authorized to contract with Telecom
Plus for purchase and installation of the telephone
system in the new headquarters building. The Board
also authorized a capital expenditures line of
$450,000; plans call for replacement of most furniture
and furnishings now used in the 33 Elk Street lo-
cation.
Questions by CSEA members concerning the un-
ion’s Board of Directors should be directed to that
member’s Board Representative, Local President,
or to the Office of the Statewide Secretary. Copies
of the Secretary’s Board minutes are mailed to all
Board Representatives and Local Presidents.
TROY—‘We want our family back!”
That slogan echoed the sentiment of more than 100 college students who
joined forces with CSEA, marching in a strike recently against Hudson Val-
ley Community College. m
The six-day strike, involving 23 private sector members of the CSEA-
Faculty Student Association (FSA) Unit, was a reaction to anti-union, anti-
employee actions of the FSA management. The walkout was triggered by the
firing of the unit president from his job as a security guard and management’s
threat to contract out 15 food service positions to a private firm.
Moved by the depth of support demonstrated by students and CSEA for
the unit, FSA management and the college administration were persuaded
towards a speedy settlement.
The agreement, ratified by the unit by a vote of 18 to 1, includes:
A one-year moritorium on the contracting-out of food service during
which time both CSEA and FSA will bring in consultants to study the current
STRIKE LINE SUPPORT — CSEA statewide
President William L. MeGowan and Executive
Vice President Joseph E. McDermott, right, lend _
some support and advice to strikers Mark ©
Lansing, left, and Unit President John Discipio. |
STUDENTS STRIKE OUT — Part of the HVCC student body that joined the CSEA-FSA picket line.
College learns lesson as
student body backs strike
operation and recommend various ways of making the operation more
profitable.
Extension of the current contract, which was supposed to expire Aug.
31, for one year with a wage opener.
@ A streamlined grievance procedure for food service workers, included
especially for those who feared harassment and intimidation upon their return
to work.
®Reinstatement of Unit President John Discipio. His security position,
the only one assigned in the campus center building, will be reviewed by a
nationally recognized campus security organization next fall to determine
its need.
“We have a year of peace, now,” said CSEA Field Representative
Aaron Wagner. “The strike settlement, combined with the current contract lan-
guage, provides a framework for a new relationship. It’s a new beginning
for labor and management at HVCC.”
OUTDOOR NEGOTIATIONS — HVCC Vice
President of Administration Mark Silvestri takes
a last puff on a cigarette before entering into
strike settlement negotiations with CSEA Field
Representative Aaron Wagner, CSEA-FSA Unit
Vice President Jim Ryan and Wayne Gordon,
food service worker.
aa
Page 3
THE PUBLIC SECTOR, Friday, April §,,1985
Este
Official publication of
The Civil Service Employees Association
Local 1000, AFSCME, AFL-CIO
33 Elk Street, Albany, New York 12224
The Public Sector (445010) is published every other
Friday by The Civil Service Employees Association,
33 Elk Street, Albany, New York 12224.
Publication Office: 1 Columbia Place, Albany, New
York 12207. Second Class Postage paid at Post
The Independent
sei es oe the Stale
University thinks
SUNY should be more
Office, Albany, New York.
MICHAEL P. MORAN — PUBLISHER
ROGER A. COLE — Editor
TINA LINCER FIRST — Associate Editor
BRIAN K. BAKER — Assistant Editor
Address changes should be sent to: Civil Service Em-
ployees Association, The Public Sector, 33 Elk Street,
Albany, New York 12224.
SERVICE
“FLEXIBLE...
GI
National Boycotts Officially Sanctioned by the AFL-CIO Executive Council
February 1985
BROWN & SHARPE
MANUFACTURING COMPANY
Measuring, cutting and machine tools and pumps .
Machinists & Aerospace Workers
BRUCE CHURCH, INC.
Lettuse: Red Coach, Friendly, Green Valley Farms
Lucky
United Farm Workers
CONTINENTAL AIRLINES, INC.
Scheduled airline
Machinists and Aerospace Workers and Air Line Pilots
ADOLPH COORS COMPANY
Beer: Coors, Coors Light, Herman Joseph's 1868
Golden Lager
Ale: George Killians Irish Red
AFL-CIO Brewery Workers Local 366
EL AL ISRAEL AIRLINES, LTD.
KOSMOS CEMENT COMPANY
Kosmos Portland Cement, High Early Cement, Air
Entraining Cement and Kosmortar Masonry Cement
International Brotherhood of Boilermakers
LOUISIANA-PACIFIC CORPORATION
Wood products: L-P Woimanized, Cedartone, Wafer-
board, Fibrepine, Oro-Bord, Redex, Sidex, Ketchikan,
Pabco, Xonolite, L-P-X, L-P Forester, L-P Home Centers
Carpenters & Joiners and International Woodworkers
MARVAL POULTRY COMPANY, INC.
Turkeys and turkey parts: Marval, Tender Pride, Lan-
caster, Frosty Acres, Top Frost, Table Rite, Manor House.
Richfood, Food Club, Dogwood Hill Farms. All products
bear USDA inspection stamp #P-18.
United Food & Commercial Workers
NIXDORFF-LLOYD CHAIN COMPANY
Heavy duty chains sold in hardware stbres.
Machinists and Aerospace Workers
R. J. REYNOLDS TOBACCO
COMPANY
Air passenger and freight transportation
Machinists & Aerospace Workers
FABERGE, INC.
Personal care products: Aphrodisia, Aqua Net Hair
Spray, Babe, Cavale, Brut, Ceramic Nail Glaze, Flam-
beau, Great Skin, Grand Finale, Just Wonderful, Macho.
Kiku, Partage, Tip Top Accessories, Tigress, Woodhue.
Xanadu, Zizanie de Fragonard, Cary! Richards, Farrah
Fawcett, Faberge Organics
Oil, Chemical & Atomic Workers
HESS OIL COMPANY
Hess gasoline and Hess fuel oil
United Steelworkers
INDIANA DESK COMPANY
United Furniture Workers
Union Label and Service Trades Department, AFL-CIO
Cigarettes: Camel, Winston, Salem, Doral, Vantage.
More, Now, Real, Bright, Century
Smoking Tobaccos: Prince Albert, George Washington.
Carter Hall, Apple, Madeira Mixture, Royal Comfort, Top,
Our Advertiser
Little Cigars: Winchester
Chewing Tobaccos: Brown's Mule, Days Work, Apple.
R. J. Gold, Work Horse, Top, Reynolds Natural Leaf
Reynolds Sun Cured
Bakery, Confectionery & Tobacco Workers
SEATTLE-FIRST NATIONAL BANK
United Food & Commercial Workers
SCHWINN BICYCLE COMPANY
United Automobile Workers
STERLING RADIATOR
Baseboard heaters for the home.
United Automobile Workers
Page ry
THE PUBLIC SECTOR, Friday, April 5, 1985
0
Tommy Hearns and Marvin Hagler will be busy on April 15th
so they're filing their income tax returns early. Shouldn'tyou?
You'll be less likely to over-look deductions—or make
last-minute mistakes. And if you have arefund coming
you'll get it faster. File now!
Attention State Employees!
If you recently...
¢ returned from leave
© were promoted
© moved into another unit
© moved into another agency
.. notify your payroll dept.
to keep your CSEA membership!
JOB OPENING
The Labor Education Department (LEAP) of the Civil Serv-
ice Employees Assn. is seeking a microcomputer opera-
tor/programmer.
Candidates for the vacancy must have experience in high
speed microcomputers and prior programming background
with a working knowledge of d Base II.
In addition, a Bachelor of Arts degree in a related field, or
a high school diploma and three years of responsible experience
in the field is required.
Qualified candidates should submit a resume and salary his-
tory, no later than April 8, to Personnel Office, P.O. Box 7125,
Capitol Station, Albany, N.Y. 12224.
sor ys xmmasenumte
a REE RT OEE TCC SGA SE TE UI SERS
sepa
See
ene
Union puts squeeze on Orangetown wn
Members juicing up in all-out campaign fora contract |
ORANGETOWN — As town offi-
cials here picked up whopping pay
increases of up to 25 percent, CSEA
members were still pushing for a
meager 7 percent plus increments
more than a year after their last
contract ended.
The recent salary hikes of 10 to 25
percent for officials was an outrage
that prompted members of Rock-
land County Local 844 to launch a
letter writing campaign to get a pub-
lic hearing in a last-ditch attempt to
settle the contract.
Employees are decrying the fact
that they have been unable to get
any kind of raise while the town su-
pervisor, clerk, and eouncil mem-
bers have received pay boosts of 11,
10.5 and 25 percent, respectively.
But unit members aren’t putting
the whole blame on town officials.
They say that one of the biggest ob-
stacles to reaching an agreement is
the town’s law firm which has done
nothing to expedite matters.
Town workers have been without
a contract since Dec. 31, 1983, a sit-
uation which has sunk morale to an
all-time low, according to Collective
Bargaining Specialist Joseph O’Con-
nor. Contract negotiations which be-
gan in November of that year, ended
in April 1984 in an impasse that re-
mains unbroken despite a number of
unsuccessful mediation sessions.
Last July, a fact finder was called
in. The report, issued in November,
called for ratification of a two-year
pact that granted 7 percent in sala-
ry increases per year, inclusive of
increments. The union negotiating
‘SS — Orangetown
President Michael Menegaux, right, hands out
et signs to members prote
ing at town hall
om Demeola, negotiating
Town officials got raises of
up to 25 percent.
Union members, nothing.
team accepted the report with one
exception: it wanted the 7 percent
exclusive of increments.
“The negotiating team takes the
position that salary increases should
be exclusive of increments which
have already been paid to the em-
ployees,” says Local 844 President
Frank Bosco.
Town officials never responded to
the fact finder’s report in any offi-
cial way. Because of the town’s in-
action, CSEA called for a public
hearing to try to settle the dispute.
The meeting was set after O’Con-
Out in full force
nor told Town Supervisor Joseph |)
Colello in a letter dated Feb. 28 that, |
according to law, he must respond
to the report.
Under Section 209 (e) of the Civil |
Service law, a hearing must be held |
by an appropriate legislative body
when a public employer does not ac-
cept the recommendations of a fact
finder. The hearing has been set by
the town for April 8 in the Or-
angetown Town Hall.
Meanwhile, the morale of the em-
ployees is deteriorating, says Unit
President Michael Menagaux. But
Bosco notes members of other units
in Local 844 are helping improve
spirits by their support. “Although
the morale is slightly depressed be-
cause they have been without a con-
tract for so long, there seems to be
a spirit coming from the rank and
file since they are demonstrating to-
gether,” Bosco said.
Bosco has been critical of the law
firm which is handling negotiations
for the town, saying that it appears
to be working against a settlement
all along. In January, the town su-
pervisor indicated a desire to settle
the contract, according to Bosco.
But, he says, the attorney, ‘“‘who is
being paid thousands of dollars of
taxpayer money to negotiate the
contract,” appears to be disinclined
toward settlement.
“The firm’s position at the bar-
gaining table has not been in the
best interest of the town or the pub-
lic employees who have consistent-
ly delivered quality service despite
the lack of consideration by the
town,” said Bosco.
SPB Se REARS PRISE ARTES ACRE TER LE TI ARE SESE ET
Orangetown employees are getting the support of
CSEA members in other units in their daily pickets for
a new contract. Besides picketing, members are also
participating in a letter-writing campaign pushing for
a settlement.
THE PUBLIC SECTOR, Friday, April 5, 1985
Page 5
(i *
Pass day plan at Hudson River Psych.
unfair, counterproductive, members charge
>
as long as you work here?’
‘Imagine working here for 15 or 20 years and suddenly
finding out that you’re never going to have weekends off
POUGHKEEPSIE — Employees at the Hudson River Psychiatric Cen-
ter here say they are frustrated and disgusted with a change in the long-
standing pass day policy regarding weekends off.
For the past few years, facility officials have given most in-patient care
staff every other weekend off. But a recent edict from the administration now
mandates bidding for pass days.
Officers and employees at the facility, who are members of CSEA Local
410, charge that favoritism is rampant and the system is causing more prob-
lems than it is solving. :
Local Grievance Chairman Ralph Rose says he is ready to start filing
grievances once the new policy officially goes into effect April 11.
“The officers of this local are willing to stand behind every member to
fight this,” Rose said. ‘We offered to help set up a fair and equitable sched-
ule with the administration but they refused to listen to us.”
In detailing inequities in the new system, Local President Tony Cassulli
told of one instance where a worker who had seniority on his ward requested
certain pass days and was told he would get them only if he transferred to
another ward. .
According to Cassulli, this has a negative ripple effect, causing another
worker to lose his pass days to the more senior employee when he comes to
\ the ward. In addition, both wards are disrupted.
Local Secretary Debbie Brown said another problem with the bidding
procedure is that employees’ second and third choices are not considered in
the schedule, even though those pass days may be available.
According to union officials, the bidding procedure was implemented to
avoid overtime costs — a violation of the union contract.
In addition, CSEA officers say the union has had little input, as was
promised by faculty officials.
“Jf the employees are unhappy, the morale deteriorates,”’said Cassulli.
“Eventually, the patients suffer, as do the employees. I don’t see how this
will benefit anyone.”
Local officers also object to the fact that the seniority bidding is not uni-
form throughout the facility, with each ward implementing its own plan.
Local Vice President Marge Harrison said on one ward, not one therapy
aide is getting a weekend off, while on other wards, registered nurses and
recreation therapists have every other weekend off — ‘proving once again
that therapy aides are seriously understaffed,” said Judy Watt, a local griev-
ance committee member.
Commented Region III Field Representative John Deyo: ‘‘It seems that
the hands-on patient care employees who are doing the most are getting the
Teast — and now they’re taking that away too.”” i ay
units (Administrative,
CSEA members in the three state bargaining
Arbitrator says
Operational and
ERAN
payroll —
deduction
available
CSEA-IRA
P.O. Box 7125
Albany, NY 12224
| am interested in receiving:
__— General information on IRAs.
__— The Dime Savings Bank IRAs
Institutional), as well as CSEA-represented
employees in the Office of Court Administration
(OCA) are reminded that they may take
advantage of automatic payroll deduction to set
up an Individual Retirement Account (IRA).
An IRA is a tax-deferred investment plan
which allows individuals to save a portion of
their income for retirement while legally
sheltering income from taxes.
- CSEA negotiated IRA payroll deduction with
the state in 1983. Three vendors, who represent
the three major types of IRAs — a bank, in-
surance company and investment firm that
manages mutual funds — are offering the retire-
ment plans.
For more information, State Division and OCA
employees should fill out and mail the coupon
below to: CSEA-IRA, P.O. Box 7125, Albany,
N.Y, 12224.
Please send me information on the Individual Retirement Account (IRA) programs now being made available
to me through payroll deduction. | am a state employee in the ASU, ISU, OSU or OCA bargaining unit.
Prudential-Bache IRAs.
I
I
t
!
I
|
i
!
—— Oppenheimer Funds IRAs i
{
!
!
t
!
!
t
|
|
Ss
Page 6
THE PUBLIC SECTOR, Friday, April 5, 1985
DMV is guilty of
some sloppy work
NEW YORK — The state Department of Motor Ve-
hicles said Examiner Riccardo Suggs was incompe-
tent, and tried to fire him. But an arbitrator has ruled
that it is DMV that is guilty of sloppy work instead.
As a result, with CSEA’s help, Suggs has been
cleared of any wrongdoing and reinstated to his po-
sition with full back pay.
The state had terminated the 10-year veteran of
state service, claiming that on several occasions he
had approved taxi registrations without proof of in-
surance. But the arbitrator took DMV to task over
its sloppy and unreliable procedures for double-
checking filings.
The arbitrator also indicated that DMV had failed
to review a number of possibilities that were beyond
Suggs’ control, and did not question the examiner or
seek any explanations about the situation from him.
Lag payroll proposal
fought in Greenburgh
GREENBURGH — “On March 14, you will receive
one week’s pay instead of the usual two week’s pay
in order that we may institute a lag payroll.”
That, in essence, was the content of a note that
CSEA employees in the Town of Greenburgh found
in their paychecks on Feb. 7.
As aresult, CSEA Attorney Arthur Grae recently
filed a demand for an arbitrator to resolve the situ-
ation. Grae, who said management claimed a lag
payroll would alleviate bookkeeping problems, point-
ed out that the action is a clear violation of the union
contract which specifically states that “employees
shall be paid bi-weekly for work performed in the
preceeding two weeks.”
Grae said he hopes the matter will be heard by an
arbitrator as soon as possible.
Dorothy Wilson:
“Lots of changes.”
‘We’re getting more and better benefits now.’
this senior’s one for the book
WARWICK—Remember when boys wore their hair
short and girls wore their skirts long? Even back be-
fore they started calling it the ‘retro look”?
Dorothy Wilson does. In fact, she’s been an em-
ployee of the Warwick Valley Central School District
for so long, that she’s seen trends among students go
full circle—and then around again.
A secretary now to the superintendent, Wilson will
mark 40 years as an employee of the district next year.
And the changes she has seen could fill a history book.
Wilson says she recalls once that a teacher was
fired for wearing her dress up to her knees. Now, she
notes, girls are back to wearing mini-skirts like in the
‘60s and blue jeans are standard gear for the boys. Un-
heard of in 1946 when Wilson began working.
“In fact,” she says, “we have one young lady who
dresses like Cyndi Lauper.” (Lauper is a popular rock
star who wears yellow and orange dyed hair and cloth-
ing from flea markets. )
One thing that never changes, though, is Wilson’s
joy in seeing second and third generation students com-
ing to the school, especially as teachers and school
board members.
When they do come back as members of the board,
for instance, she finds they often take more of an in-
terest in education than when they were students them-
selves.
“People seem to care more now. They’re more in-
terested in the education their children are getting.”
For Wilson personally, one of the most positive
changes in the past few years has been the unioniza-
tion of non-instructional employees. CSEA has made a
big difference for her and other workers, she says.
‘We're making more money and getting better
benefits now,”’she said.
Wilson said that despite the good relationship War-
wick workers have with the superintendent, they feel
fortunate to have an advocate in the union.
Safety
seminar
siated in
NEW YORK CITY—If you’re at work, you’re at
risk.
Going ahead on that premise, Region II has an-
nounced plans for an Occupational Safety and Health
conference to stress member involvement for well-
being at the worksite.
Regardless of the work you do, there are potential
hazards in your surroundings. It may be eyestrain
from excessive VDT use or it may be the presence
of toxic chemicals that you don’t even know about.
But there are ways that you can identify the possi-
Region Il
ble dangers and correct them.
OSH specialists Ken Brotherton from Region I and
Linda Siccardi from Region II are among several
guest speakers scheduled to speak at the meeting.
Topics to be covered include: crisis intervention in
mental health; office hazards; fire and evacuation
safety; and workers’ compensation.
The program is slated for April 13 at Region IT
Headquarters, 11 Broadway in Manhattan. It is open
to.all CSEA members, but seating is limited so mem-
bers are urged to reserve a place. Contact your safe-
ty committee chairperson or local president for
details.
Black labor
showcased
Clerical
RITA MAGAZINE, grievance representative for New York City Local 010, shows off a
display honoring Black History Month, which featured a number of CSEA members. The
display, set up by the state Labor Department, was first exhibited at New York's State Of-
fice Building where it was photographed. The display showcased the varied careers of
black CSEA worker and other unionists.
THE PUBLIC SECTOR, Friday, April-5, 1985
Page 7
Abuse-proof
your children
Presented as a public service by CSEA and AFSCME
Because of the nature of the jobs of many
CSEA and AFSCME members, they often
witness firsthand the devastating effects of
child abuse.
As a result, CSEA and AFSCME are
promoting child abuse prevention efforts.
April has been designated as National
Child Abuse Prevention Month. Throughout
the month, the news media will be publiciz-
ing startling national statistics on child
In announcing a nationwide effort on
child abuse prevention, AFSCME President
Gerald W. McEntee said, ‘‘Let’s all do our
share to prevent child abuse. If through our
efforts we can prevent one child from be-
ing abused, we’ve accomplished an impor-
tant deed.”
To that end, we are publishing the adja-
cent material which is designed to help pro-
tect children from abuse.
abuse.
(ke
TEACH THEM TO:
© Not let anyone know when they are home alone
® Never go anywhere with anyone—even a friend—without permission
e “Buddy up‘and go in pairs to the park or the store
TIPS TO PROTECT YOUR CHILDREN
questions or wants to give a gift or take his/her picture.
or in the grocery market, they can still be strangers.
* Know how to use a telephone, and how to call an operator.
© Tell you when any adult asks him or her to “keep a secret,”asks too many
e Understand that strangers are people they don’t know very well, not people
they have never seen. Although they see them every day on their way to school
CHILD FIND'S TOLL-FREE NUMBER:
(800) 431-5005
A telephone number missing children
may use, or people with leads about
missing children can call
* Know their full name, phone number and address, including the state.
1h CHECKLIST
a) A social security number
b) A copy of your child's fingerprints and palm prints
c) All dental records.
d) All medical records
e) A lock of hair
f) Record of child's blood type
KEEP THE FOLLOWING INFORMATION ON YOUR CHILD—CURRENT AND EASY TO FIND
g) Height of child (dated)
h) Weight of child (dated)
i) Record of all scars, birthmarks, or other identifying features
j) Frequent pictures or videotapes of child
k) Have social security number and/or names marked in items child al-
ways has in possession, i.e., eyeglasses.
Phillipstown town
employees say yes
fo a new contract
PHILLIPSTOWN — Putnam County Local 840
members in the Town of Phillipstown unit have rati-
fied a new three-year contract. The new agreement
provides for 50 cents per hour wage increases in
each year, as well as a new dental plan. The wage
increases amount to about 6 percent each year.
Regional Director Diane Campion, who negotiat-
ed the contract as a field representative, said the new
contact also gives eligible workers an extended peri-
od of time to apply for a clothing allowance, and clar-
ifies that employees may not be called back to work
during approved vacations.
CONTRACT RATIFIED — Members of the Town of
Phillipstown CSEA Unit negotiating team look over
their new three-year contract. From left are CSEA
Region III Director Diane Campion, Ron Van
Tassel, Francis W. Colbert and Unit President
George Hyatt.
Page 8 THE PUBLIC SECTOR, Friday, April 5, 1985
THE PUBLIC SECTOR, Friday, April 5, 1985 Page 9
Page 10°
® Tentative CSEA/State contract highlights e
COMPENSATION
General Salary Increase
First Year
od commencing in June of 1985, a 5 percent across-the-board
increase added to base pay and the salary schedule in ef-
fect on March 31, 1985.
Because the effective date of the first year 5 percent across-
the-board salary increase is in June of 1985 rather than April
_ of 1985, the amount of in-pocket money produced in the first
year of the contract is 4 percent.
Second Year Effective that payroll period the first day of which is closest
to April 1, 1986, a 5.5 percent across-the-board salary in-
crease added to base pay and the salary schedule in effect
on March 31, 1986.
Third Year _ Effective that payroll period the first day of which is closest
to April 1, 1987, a 6 percent across-the-board salary increase
added to base pay and the salary schedule in effect on
March 31, 1987.
t Salary Schedule
First Year: Each step of the salary schedule in effect on March 31, 1985,
will be increased by 5 percent. An additional step will be added to the sched-
ule as the hiring rate, which is the hiring rate contained on the current
schedule without being increased by the 5 percent upward salary adjust-
ment. The hiring rate will only apply to new employees and will increase
the time required for such employees to reach their job rate by one year
compared to the time required for present employees to reach the job rate
of their grades. The addition of this new step in the salary schedule will
not affect the size of the increment for each grade and will have no effect _
whatsoever on the salary to be received by a current employee.
Second Year: The 5.5 percent across-the-board salary increase will be in-
corporated into each step of the salary schedule which is in effect on March
31, 1986.
Third Year: The 6 percent across-the-board salary increase will be incor-
porated into each step of the salary schedule in effect on March 31, 1987.
In addition, two longevity steps will be added and incorporated into the
salary schedule at $750 and $1,500 above the job rate, respectively. In oth-
er words, the job rate of any grade plus $750 is equal to the first longevity
step of the grade; and, the job rate of the grade plus $1,500 is equal to the
second longevity step of each salary grade. The longevity increments are
$750 for each grade rather than being equal to the increment of the grade
used to advance from the hiring rate to the job rate.
An employee who has served at a salary equal to the job rate of his/her
grade for five years and whose service is rated ‘‘satisfactory or its
equivalent” would be eligible to move to the first longevity step. An
employee with 10 years of service at the job rate of his/her grade and
whose last performance evaluation was rated “satisfactory or its
equivalent” will be eligible to move to the second longevity step.
In no instance can an employee's salary exceed the second longevity step
of his/her salary grade through the granting of longevity increments. Em-
ployees may have their salaries exceed the second longevity step of the
grade to which their positions are allocated through the application of
general salary increases or upward salary adjustment upon promotion.
It should be noted that employees who meet the years-of-service require-
ment for longevity increments and whose annual salary is at a level where-
by the addition of a longevity increment would raise their salary level above
the second longevity increment of the salary grade, would receive a par-
tial longevity increment to bring the annual salary up to an amount equal
to the second longevity increment of the grade. (Job rate plus $1,500.)
Longevity Payments
First Year: All employees at or above the job rate of their grade for five
years or longer by March 31, 1985, will receive a one-time lump-sum lon-
gevity payment in the amount of $750. Such lump sum payment is not in-
cluded.in base pay, but is used in the calculation of final average salary
for retirement purposes. This payment will be made to employees in De-
cember of 1985. Employees who separate from State service prior to the
December payment date for reasons other than retirement, death, or an
approved leave of absence are not eligible to receive such longevity pay-
ment. The payment is also contingent upon an employee receiving a “satis-
factory or its equivalent’ performance evaluation.
Second Year: During the second year of the agreement, a longevity pay-
ment concept will be implemented which will add longevity payments to
the base salary of eligible employees. Two longevity payment levels will
“THE PUBLIC SECTOR, Friday, April 5, 1985
Effective for work performed during the first payroll peri- *
COALITION CONTRA
be established at the job rate of the employee’s grade plus $750, and the
job rate plus $1,500, resp&ctively. Employees having five or more years
of service at or above the job rate of their grade by March 31, 1986, will
receive a $750 longevity payment added to base salary with the provision
that the addition of such longevity payment will not increase the base sal- e
ary to an amount in excess of the job rate of the employee’s grade plus
$1,500. If the addition of the $750 longevity payment results in a base sala-
ry which exceeds the job rate of the grade plus $1,500, the employee shall
receive that portion of the $750 longevity payment necessary to bring
his/her base annual salary up to the limit of the grade job rate plus $1,500.
During the second year of the agreement, all employees having an annual
salary in excess of the job rate of their salary grade plus $1,500 and who
have been at or in excess of the job rate for five years or longer will re-
ceive a one-time lump sum payment in the amount of $500 payable in De-
cember of 1986. Such lump sum payment is not included in base pay, but @
is included in calculating final average salary for retirement purposes.
Employees who separate from State Service prior to the December 1986
payment date for reasons other than retirement, death, or an approved
leave of absence are not eligible to receive such longevity payments. Such
payment is contingent upon the employee receiving a “‘satisfactory or its
equivalent” performance evaluation.
Locational Pay Differential
First Year: The present locational pay differential of $200 per year for em-
ployees working in the New York City Metropolitan area (five boroughs e
of New York City, Nassau, Suffolk, Rockland and Westchester Counties)
and in Monroe County will continue in effect. In the case of the Monroe
County $200 locational pay differential, such differential will be continued
for current employees, without increase, throughout the term of this agree-
ment. Newly hired employees in Monroe County will not be eligible to re-
ceive the $200 locational pay differential.
Second Year: The locational pay differential for employees-working in the
New York City Metropolitan area will be increased to $400 per year.
Third Year: The locational pay differential in the New York City Metropoli-
tan area will be increased to $600 per year. In order to provide for future e
automatic increases in the New York City pay differential, a formula is
developed which will increase such differential each time a general sala-
ry increase is negotiated.
Additional Compensation Provisions
An amount equal to 1 percent of payroll for employees in CSEA bargain-
ing units during the second and third years of the agreement will be set
aside to implement the recommendations resulting from the Classifica-
tion Study and Comparable Worth Study provided for in current agree-
ments. The first priority of making any adjustments in compensation will
be given to CSEA employees working in correctional facilities. e
Examples of the Effect of Compensation Increases
The following example indicates how the compensation provisions of this
tentative agreement would affect an employee whose position is allocated
to salary Grade 3 and who currently earns $11,314 per year and who is eligi-
ble for a regular increment in each year:
Current Salary $11,314 (Step 1 of G-3)
5% Salary Increase
(June 1985) 565 e
Regular Increment 1985 — 532,
New Base Salary $12,411
Effective 3/31/86
5.5% Salary Increase 682
(April 1986)
Regular Increment 1986 __ 561
New Base Salary $13,654
Effective 3/31/87
6% Salary Increase 821 e
(April 1987)
Regular Increment 1987 : 595
New Base Salary $15,070
Effective 3/31/88
The above example shows a total increase over the three years of $3,756
in base pay, or 33.2 percent.
The following example shows the effect of the compensation provisions of
the tentative agreement on the basic annual salary of a Grade 5 employee @
GENERAL HIGHLIGHTS
who has 8 years of service at the job rate prior to June of 1985. In addition
to the calculations shown below, this employee would be eligible for the
first year longevity lump-sum bonus payment of $750 which is not added
to base pay.
Current Salary $14,118 (Job rate of G-5)
5% Salary Increase (June 1985) $706
New Base Salary 3/31/86 $14,824
5.5% Salary Increase “ 815
(April 1986)
Longevity payment added to
base pay 750
New Base Salary 3/31/87 $16,389
6% Salary Increase 983
(April 1987)
Partial Second Longevity
_ increment added to base 704
New Base Salary 3/31/88 $18,076 (equivalent to job
rate plus $1,500)
The above example shows a total increase over the three years of $3,958
in base pay, or 28 percent.
The following example indicates how the compensation provisions of this
tentative agreement would affect an employee whose position is allocated
to salary Grade 9 and who had four years of service above the job rate
prior to June of 1985. This example demonstrates how employees who do
not have the required five years of service at or above the job rate of their
salary grade move into eligibility for a permanent longevity payment dur-
ing the second year of the contract. It,should also be noted that such em-
ployee will be eligible for the second longevity increment upon the
completion of 10 years of service at the job rate of the grade.
Base Salary prior to June 1985 $18,000 ($525 above G-9
Job Rate)
5% Salary Increase(June 1985) S 900
New Base Salary 3/31/86 $18,900
5.5% Salary Increase (April 1986) 1,040
Longevity Payment added to Base 750
New Base Salary 3/31/87 $20,690
6% Salary Increase (April 1987) $ 1,241
New Base Salary 3/31/88 $21,931
PRESS CONFERENCE to discuss details on tentative 3-year contract attract-
ed huge turnout by news media in Albany. All attention is focused on CSEA
The employee in the example above would receive an increase over the
life of the agreement of $3,931, or 21.9 pefcent in annual base salary.
Employees who are at the job rate of their salary grades or who have been
at the job rate of their salary grades for one or two years would receive
a compounded increase in their basic annual salary of 17.4 percent during
the term of this tentative agreement. However, the addition of two longevity
increments will provide them with further salary advances in the future
as their length of service at the job rate of their grades moves them into
eligibility for each of these longevity increments.
HEALTH INSURANCE
Continue existing HMO, GHI and Statewide (Metropolitan) Options until
implementation of CSEA Empire Plan, which will occur on April 1, 1986.
The CSEA Empire Plan is a major revamping of health insurance, com-
bining the best features of the two plans it replaces — the current Statewide
Plan and the GHI Option. The State will continue to pay 90 percent of the
cost of individual coverage and 75 percent of the cost of family coverage
under the plan, which will go into effect in 1986. Equal dollar amounts of
the Empire Plan costs will be paid towards the cost of the various HMOs.
Benefits provided by HMOs are not affected by the Empire Plan.
Compared to the current GHI Option, the Empire Plan provides signifi-
cantly better medical/surgical coverage and provides protection in cases
of catastrophic medical expenses, an area in which GHI participants are
now woefully under-insured. An improvement over the current Statewide
Plan is that medical/surgical benefits will be paid in full when the employee
receives these services through participating providers.
Other improvements and additions in the plan include:
—The Plan raises the annual maximum in covered expenses from $100,000
to $1 million; the lifetime maximum remains at $1 million.
—Increases reimbursement for newborn care to $100.
—The annual deductible is limited to $130 per person, up to $390 per fami-
ly and will remain constant for the term of the agreement.
—Increases ambulance payment to $75.
—Under the Empire Plan, if non-participating providers are used, out-of-
pocket expenses will be capped at a maximum of $625 per person or per
family. On April 1, 1986, employees earning $15,000 or less per year in base
salary and who are heads of households will have the maximum out-of-
pocket expenses reduced from $625 to $400. The annual base salary for eligi-
bility for the $400 maximum out-of-pocket will be increased to $15,900 on
April 1, 1987.
—Employees may be reimbursed $150 every three years for fitting and pur-
chase of hearing aids.
—The allowance for annual medical examinations, for employees age 50
years and older, increases by $50 to $100; spouses will, for the first time,
be eligible for a $50 allowance.
—Removes lifetime cap on outpatient psychiatric care from April 1, 1985,
President William L. McGowan, CSEA chief counsel James W. Roemer, and
GOER Director Thomas Hartnett. %
THE PUBLIC SECTOR, Friday, April 5, 1985.
Page 11
Page 12
oepnveeaees 2? o* veers
® Tentative CSEA/State contract highlights e
COALITION CONTRACT GENERAL HIGHLIGHTS
to April 1, 1986; thereafter, under the Empire Plan, removes annual and
lifetime reimbursement caps for outpatient psychiatric care.
The Empire Plan also includes a number of administrative improvements
including: toll-free numbers at Civil Service, a toll-free Health Line, im-
proved training for agency insurance staff, a voluntary predetermination
of benefits program and a special claims denial review panel with CSEA
representation.
The powers of the Joint Committee on Health Insurance are greatly ex-
panded and strengthened to make the union a partner with the State in
administering insurance benefits, controlling costs, and assisting mem-
bers with complaints and claims denials.
An amount of $400,000, $450,000 and $500,000 for the first, second and third
year of the agreement will be used by the Committee to monitor and ana-
lyze the conversion to the new health insurance plan and its administra-
tion for the purpose of promoting efficiency and reducing costs.
TRAVEL ALLOWANCE/PER DIEM ALLOWANCES
Mileage reimbursement for use of personal vehicles on official State busi-
ness will be 20.5 cents per mile for the first 15,000 reimbursable miiles and
11 per mile thereafter. This allowance conforms with newly enforced In-
ternal Revenue Service rules that consider higher mileage allowances as
taxable income. Upon the demand of CSEA, negotiations can be reopened
and disputes can be submitted to binding arbitration.
Per diem allowances for meals and receipted lodging for employees in trav-
el status are as follows for receipted expenses: New York City, $75 lodg-
ing and $25 meal allowance; Nassau/Suffolk/ Westchester/ Rockland, $75
lodging and $25 meal allowance; Albany/Binghamton/Buffalo/Roches-
ter/Syracuse, $45 lodging and $15 meal allowance; elsewhere in New York
State, $45 lodging and $15 meal allowance; and out-of-state, $75 lodging
and $25 meal allowance.
Reasonable and necessary expenses will be permitted for per diem reim-
bursement where normal meal and lodging is not fully accessible to em-
ployees with disabilities.
SAFETY AND HEALTH
The Joint Safety and Health Maintenance Committee is strengthened and
its scope is increased. Funding of the Committee is also incréased to
$350,000 the first year, $400,000 the second year, and $450,000 the third year.
The committee’s duties are as follows: ~~
Safety awareness, education, studies and research.
¢ Funding of labor/management initiated projects.
* Development of a Statewide Safety Communications Network.
¢ Evaluate security concerns and make recommendations concerning
security in State-owned and -leased buildings.
Exploration of health effects of smoking in the workplace.
* Develop methods of disseminating information on the Right-to-Know
law and make recommendations concerning policy improvements in-
volving toxic substances.
Additionally, the Joint Committee will be responsible for two major
projects. The Committee will make recommendations to the State for a
statewide policy on Video Display Terminal (VDT) operations to be im-
plemented on April 1, 1986. The policy will address approaches to combat
stress, workbreaks, noise, workplace layout, lighting and equipment.
-Vision-related issues will continue to be studied for possible inclusion of
recommendations to the State policy.
Secondly, the Joint Committee will evaluate existing policies of State agen-
cies regarding personal protective equipment, e.g, hard hats, protective
eye equipment, safety shoes. By April 1, 1986, recommendations will be
made for a consistent statewide policy which will be in full compliance with
OSHA standards, There is emphasis on resolving safety problems at the
local level, with avenues established to take unresolved issues to higher
levels.
Some important points to be considered at the local level are cooperation
in identification and prevention, develop plans for implementation of safety
programs and purchasing safety related materials and equipment. Another
important issue is devising methods by which unsafe work assignments
can be prevented.
Other important safety items include:
—Employee organizational leave for designated local Safety Committee
THE PUBLIC SECTOR, Friday, April 5, 1985
members,
—More responsive safety grievance procedure,
—Medical screening, and,
—Identification, proper training and equipment for cleaning or removing
substances.
EMPLOYEE DEVELOPMENT AND TRAINING
All existing programs receive increased funding, with the exception of the
Employee Orientation program.
CSEA’s Labor Education Action Program (LEAP) will be adding to its
tuition free course offerings by developing new programs more directly
related to advancement opportunities in state service. In addition, CSEA
will be starting a pilot project, the Institute for Development, Education
and Advancement (IDEA), to,help people prepare for promotional and
traineeship exams and to improve study skills. Also, new programs ad-
dressing training in administering the collective bargaining agreements,
safety and health, and a resource counseling network have been funded.
Maximum reimbursement for tuition has been raised to $500 per fiscal year.
EMPLOYEE BENEFIT FUND
The State’s contribution to the CCEA Employee Benefit Fund will be in-
creased to $410 in the first year, $450 the second year and $490 the third
year of the agreement. Eligibility for coverage under EBF remains the
same.
ACCIDENTAL DEATH BENEFIT
The beneficiary or the estate of an employee who dies after April 1, 1985,
as a result of an accidental on-the-job injury and who is eligible for a death
benefit provided by the workers compensation law shall receive a $50,000
death benefit provided by the State. Children of the deceased CSEA mem-
ber receiving this death benefit will be eligible for full tuition to attend any
of the State University’s colleges at State expense, providing they meet
the institution’s entrance requirements.
CWEP
This committee will be restructured to provide for a six-member Statewide
Labor/Management Committee that will study, recommend and imple-
ment proposals relating to productivity and quality of working life. Reim-
bursement for the $5 exam fee will continue, and funding will be made
available for the World Trade Center relocation project. The Committee
will receive an appropriation of $1.25 million in each year of the agreement.
EMPLOYEE ASSISTANCE PROGRAM
An increased appropriation will be made available to continue the EAP
effort under the existing joint labor/management arrangement. The con-
tract provides for an appropriation of $450,000 for the first year, and $500,000
and $550,000 in subsequent years of this agreement.
> DAY CARE
The commitment to the development of new day care centers and improve-
ment of existing on-site child care centers is strengthened by an appropri-
ation of $500,000 in each year of the agreement. The State and CSEA are
committed to assure that all on-site child care for State employees is provid-
ed in safe, high quality centers and that such centers will continue to meet
the standards established by the Department of Social Services.
EMPLOYMENT SECURITY
A new State/CSEA Employment Security Committee has been established
to jointly study an attempt to resolve matters relating to work force plan-
ning, continuity of employment, work force retraining, and work force im-
pacts relating to changes in skill requirements and new technology. This
Committee will receive an appropriation of $300,000 the first year, $350,000
the second year, and $400,000 the third year of the agreement.
WORKDAY/WORKWEEK
The workday/workweek article has been simplified and clarified to pro-
vide a general workday and workweek for both shift and non- shift em-
ployees. Additionally, the procedure for changing an employee’s workday
or workweek has been clarified to require notice to CSEA of a change in
an employee’s workday/workweek or shift. Except in an emergency, an
employee who is affected by a change in a workday or workweek shall have
a minimum of 30 days notice prior to the effective date of the change. The
length of the workweek remains unchanged.
A new provision has been added, providing that an employee who is on
jury duty shall have his/her shift changed, to the extent practicable, to
the normal day shift for the duration of the jury duty. In addition, a non-
shift employee whose workday or workweek is changed may be exempted
from the change at the discretion of the agency due to a claim of hardship.
WORKFORCE SCHEDULING AND OVERTIME
A joint State/CSEA Executive Labor/Management Committee will be es-
tablished to investigate, review and make recommendations regarding the
adequacy of present employee scheduling, deployment and overtime. The
joint committee will receive an appropriation of $150,000 to support its ac-
tivities and investigations. It is required to develop findings and recom-
mendations by October 1, 1986, aimed at addressing overtime problems
and improving work scheduling.
OUT-OF-TITLE WORK
The out-of-title grievance procedure has been revised to provide for an
agency level hearing where the CSEA grievant and union representative
can attempt to resolve the dispute concerning out- of-title work. The writ-
ten opinion by the agency can be appealed to the Director of the Gover-
nor’s Office of Employee Relations. The procedure requires that a written
opinion be made within 50 days of receipt of the appeal. Grievants receiv-
ing monetary relief for higher level duties will receive compensation at
the higher rate as if they were promoted to the higher grade. A training
program will be developed for the purpose of explaining the standards used
to determine out-of-title work and how to properly prepare grievances.
WORKERS COMPENSATION
The Workers’ Compensation article has been simplified to provide that the
State and an employee are bound by the determinations of the Workers’
Compensation Board regarding an employee’s eligibility for benefits. This
removes the ability of a local facility to deny an employee Workers’ Com-
pensation benefits. An employee absent due to a compensable occupational
injury shall receive 100 percent of the employee’s net pay (the same com-
pensation presently received after all deductions) for up to nine months.
The current contract provides for a six-month benefit.
The current contract provides for a 10 consecutive calendar day waiting
period before an employee is eligible for the contractual Workers’ Com-
pensation benefit. This waiting period has been reduced to seven calen-
dar days. Also, the current contract provides that if an employee is absent
for 20 consecutive working days following an occupational injury, the em-
ployee is eligible for the Workers’ Compensation benefit to the first day
of absence. This 20-day period has been reduced to 14 calendar days.
While absent due to a compensable Workers’ Compensation injury, an em-
ployee will be considered to be on the payroll for the purposes of accruing
seniority, continuous service, health insurance and Employee Benefit Fund
contributions, accrual of vacation and sick leave, personal leave, Social
Security and retirement. The Workers’ Compensation benefit shall also
be provided for therapy, doctor’s appointments for the compensable inju-
ry, and any other continuing treatment as required for Workers’ Compen-
sation.
PRINCIPAL NEGOTIATORS MEET THE PRESS — Top union negotiators
CSEA President William L. McGowan, left, and chief counsel and negotiator
® Tentative CSEA/State contract highlights @
COALITION CONTRACT GENERAL HIGHLIGHTS
DISCIPLINE
All contractual protections for discipline remain. The procedure has been
improved to provide that employees may now use accrued leave credits,
other than sick leave, during a period of pre-hearing suspension if not
offered a temporary reassignment. Arbitrators must rule on the proprie-
ty of sucha suspension at the close of the State’s case. An employee’s rights
upon reinstatement after a successful disciplinary arbitration have been
further clarified and enhanced, including the expedited processing of
grievances relating to any change in an employee’s shift, work location
or pass days after an employee’s acquittal on disciplinary charges.
. NO DISCRIMINATION
The contract has been amended to prohibit discrimination based on sexu-
al orientation. A joint Affirmative Action Advisory Committee shall de-
velop appropriate recommendations in the areas of equal employment and
affirmative action concerning minorities, women, persons with disabili-
ties and Vietnam Era veterans.
SICK LEAVE
The current sick leave accrual system will continue for all employees. The
State and CSEA agree that during the term of this agreement they may
reconsider modifications and improvements in the area of illness/disabil-
ity related income protection. Any proposed program will be subject to
the ratification of CS9EA members before it can be implemented.
Absences resulting from treatment of service-connected disabilities at a
facility operated by the Veterans Administration shall represent an ap-
propriate charge to sick leave credits and shall not be subject to review
under absenteeism control programs. Contract language referring to the
Sick Leave Monitoring Unit is removed.
STATE-PROVIDED HOUSING AND MEALS
Charges for State-provided housing and meals will be increased 17.5 per-
cent in each year of the agreement for meals and 15 percent in each year
for housing. These rates have not increased since 1977. CSEA and the State
have agreed to develop an indexing formula for future automatic adjust-
ments to these rates.
SEASONALS
The general salary increase will apply each year to seasonal employees,
except short-term seasonals in the Parks and Recreation Aide series and
State Fair Worker positions who return during 1985-86. They will receive
the general salary increase for the first year of the contract only.
Seasonal employees with three years continuous service having a total of
19 pay periods per year are now eligible for three days leave accruals. This
leave can be taken when the employee has completed two months of serv-
ice after the eligibility date. Where a seasonal position is established for
six months or more, the State will not intentionally break service to avoid
health insurance eligibility.
James W. Roemer listen at GOER Director Thomas Hartnett, right, state’s
chief negotiator, responds to a question from news media.
Page 13
THE PUBLIC SECTOR, Friday, April 5, 1985
asaneennersraxecuzrr
(Continued from Page 1)
In addition, 1 percent will be set aside in the sec-
ond and third years for comparable worth adjust-
ments and to implement classification studies.
The total contract package will cost the state an
extra $400 million.
Executive Vice President Joseph McDermott
adds ‘‘There are a number of other economic
items that address the needs of CSEA’s member-
ship and makes the settlement very attractive.”
Health insurance benefits would expand under
anew “Empire Plan” which will replace the cur-
rent Statewide Plan and GHI Option. It would go
into effect April 1, 1986.
State contributions would remain at 90 percent
for individuals and 75 percent for family coverage.
“The Empire Plan incorporates the best fea-
® Tentative CSEA/State contract highlights @
Major salary increases, no givebacks
tures of the two plans it replaces,” notes chief
negotiator James Roemer. “It guarantees State
employees will have all the coverage they need.
And, they will no longer be playing Russian rou-
lette with their medical expenses.”
Employees formerly enrolled under GHI would
receive better medical/surgical coverage, espe-
cially in cases of catastrophic illnesses, while em-
ployees currently under the Statewide Plan would
get access to participating providers who accept
“Empire Plan” allowances as full payment for
a variety of covered services.
There are also guarantees that the lowest paid
employees will not have their out-of-pocket ex-
penses increased.
The 40,000 CSEA workers in the New York City
metropolitan area will benefit from increases in
location pay. The differential remains at $200 this
year, but doubles to $400 next year and goes up
to $600 in 1987.
Attend the
CSEA won additional compensation for Depart-
ment of Transportation workers affected by ar-
bitrary changes in the work schedule.
DOT workers who have their winter shifts
drastically altered will receive extra compensa-
tion of, respectively, $200, $250 and $300 over the
next three years.
“This is a major item,” says McDermott, a
former DOT president. ‘“This winter many DOT
workers were forced to begin work at 4:00 a.m.
If the practice must continue, at least manage-
ment will now have to pay for it.”
The contract also boosts funds for day care
centers and improves measures to promote health
and safety, especially as it relates to VDT opera-
tions. State contributions to the CSEA Employee
Benefit Fund will also increase to maintain and
perhaps improve dental, prescription drug, vision
and personal legal benefits.
informational
meetings in
your region
CSEA EXECUTIVE VICE PRESIDENT Joseph
E. McDermott calls the settlement “very
attractive.”
ALBANY —A series of informational meetings to explain in detail pro-
visions of the tentative agreements, and to answer any questions by mem-
bers, has been scheduled. Teams of CSEA staff members actually involved
in the recent contract negotiations will conduct each session. Also par-
ticipating will be members of the CSEA negotiating teams.
The meeting schedule, by Region, is as follows:
REGION I Friday, April 26, 7 p.m.
SUNY Farmingdale
Nold Hall
Monday, April 22, 5 p.m.
World Trade Center
Tower #2, 44th Floor Hearing Room
Tuesday, April 23, 7 p.m.
Rockland Psychiatric Center
Auditorium
REGION Ii
REGION II
Wednesday, April 24, 7 p.m.
Ramada Inn
Rte. 9, Poughkeepsie
Thursday, April 25, 7 p.m.
CSEA Local 860 HQ
196 Maple Ave., White Plains
| Page 14 THE PUBLIC SECTOR, Friday, April 5, 1985
a
REGION INFORMATION SCHEDULE
REGION IV
REGION
REGION VI
Friday, April 26, 4 p.m.
Empire State Plaza
Monday, April 29, 4 p.m.
State Campus
Wednesday, April 24, 6:30 p.m.
Upstate Medical Center
9th Floor Auditorium, Weiskotten Hall
Irving Ave., Syracuse
Thursday, April 25, 6:30 p.m.
Mohawk Valley Community College
Campus Auditorium, Sherman Drive
Utica
Monday, April 22, 7:30 p.m.
Dowd Ameri¢an Legion Hall
898 Buffalo Road
Rochester
Tuesday, April 23, 7 p.m.
Buffalo State University, Amherst Campus
Center for Tomorrow, Maple Road
Amherst
® Tentative CSEA/State contract highlights @
HEALTH INSURANCE
Major revamping means better benefits
Lh revamping of health insurance under the
tentative agreement will improve benefits and will
take major steps toward containment of medical
‘osts.
costs.
A “very pleased’”’ Timothy Mullens, who as
director of CSEA’s Insurance Department
provided expertise in the complex health benefits
field on the union’s side of the table, said many
of the improvements in the program are in direct
response to input from rank and file members.
Under the program a new comprehensive,
statewide health insurance plan, called the
Empire Plan, will replace the current Statewide
Plan and GHI Option. (Members may still opt to
be covéred under a Health Maintenance
Organization (or HMO).
CSEA negotiators were also able to enhance the
basic “core” Empire Plan, to provide additional
benefits, and reduce potential out-of-pocket
expenses.
The state will contine to pay 90 percent of the
cost of individual coverage and 75 percent of the
cost of family coverage under the CSEA/Empire
Plan, which is not expected to take effect until
April 1986. In the meantime, existing coverage
and premium portions that members are paying
effective Jan. 1, 1985 will continue in effect.
“Basically, the new program takes the best of
both worlds from GHI and the current Statewide
Plan coverage,” Mullens said. “‘And there are no
benefit givebacks. The cost-containment
measures in the package are designed to put a lid
on medical costs, not to put more burden on the
member.”
Another major gain in the tentative pact is
strengthening of the Joint Labor/Management
Committee on Health Benefits. Funding for the
committee is increased, as are its assigned
responsibilities.
“The committee will have hands-on
responsibility for areas such as administration
and claims review,” Mullens noted. ‘‘What this
means is that from now on, CSEA will be a true
partner in the area of health benefits. We will
participate and have a say in the plan year-round.
Health insurance will no longer be something that
we only sit down and talk about every three
years.”
Mullens noted that the 30,000 members enrolled
in the GHI option, who currently make no
contributions toward premium costs, will pay a
premium share with the Empire Plan.
The Empire Plan
The Empire Plan is a new comprehensive
statewide health insurance plan, which will
replace two existing plans—the GHI Option and
the Statewide Pian.
The plan generally will continue current
hospital coverage, will include medical/surgical
coverage, and will provide major medical
coverage.
Medical/surgical benefits will be covered
through use of participating providers. These are
physicians and other health professionals who
agree to accept the plan’s schedule of allowances
as payment in full. In these cases, benefits are
paid directly to the providers at 100 percent
~~
Upon implementation on April 1, 1986, the Em-
pire Plan will replace the GHI and Statewide
Option in the State Health Insurance Plan that
Participating Agencies (Local Governments)
and Retirees are covered under. The HMO Op-
tion will continue to be offered. The CSEA
Empire Plan enhancements will be incorpor-
ated into the Empire Plan for Participating
Agencies and Retirees with the exception of
the head of household maximum out-of-pocket
reduction if the head of household earns
$15,000 or less in base annual salary.
coverage. Use of participating providers will
result in no deductible or co-payment out-of-
pocket expenses.
Major medical coverage provides benefits when
non- participating providers are used.
* Annual out-of-pocket expenses (the
deductibles) are limited to $130 per person up to
$390 per family. (This is a CSEA-negotiated
improvement over the core plan, which set
deductibles at $150/$450. )
* The plan will pay 80 percent of covered
services based on “reasonable and customary
charges.” When the individuals out-of-pocket
share reaches $625 per person, the plan will pay
100 percent of charges. This maximum out-of-
pocket co-pay requirement will be reduced to $400
for employees earning $15,000 a year or less who
are heads of households. (This is a CSEA-
negotiated improvement over the core plan, which
set the co-insurance requirement at $2,500 per
person or per family.)
* The Plan pays up to an annual maximum of
$1 million in covered expenses. (This is a CSEA-
negotiated improvement on the core plan
maximum of $100,000 per year.)
* The Plan pays up to a lifetime maximum of
$1 million in covered expenses.
In addition to general medical care for
treatment or diagnosis of illness or injury, the plan
provides benefits for such services as allergy
desensitization, routine podiatric care,
physiotherapy, speech therapy, chiropractic care,
emergency first-aid service and psychotherapy.
Benefits cover surgery, anesthesia, maternity
care, in- hospital medical care, radiation therapy,
consultation by specialists, diagnostic procedures
and laboratory tests.
Other coverages include ambulance service,
visiting nurse service, private duty professional
nursing services, and appliances, equipment and
oxygen.
The allowance for an annual physical exam for
those age 50 and over has been increased. Under
the CSEA/Empire Plan, the allowance for
employees is increased from $50 to $100 a year,
and in addition, the worker’s spouse, age 50 and
over, is now eligible for reimbursement of up to
$50 for an annual physical.
In-hospital “‘well-baby”’ care is increased to $100
(up from $75 in the core plan).
CSEA also negotiated a new allowance for $150
every three years toward fitting and purchase of
a hearing aid.
And outpatient psychiatric benefits have been
improved by removal of the annual and lifetime
reimbursement caps.
“T want to strongly stress two points to those
members,” he said. “First, even without the
Empire Plan, if we had retained the GHI option,
we most surely would not have been able to leave
the table without hitting those people with a
premium cost. This way, they get substantially
increased benefits for the premium share they will
have to pay when the Empire Plan is
implemented.
“And second, and perhaps most importantly,
these people covered by GHI have been woefully
under-insured and have had no protection against
catastrophic losses.
“They have simply been gambling that they
wouldn’t have a major illness or injury and rack
up big medical bills. Unfortunately, many of them.
have lost that gamble, and suffered substantial
out-of-pocket medical expenses with absolutely no
way to cover them.
“The CSEA members under the Statewide
(Metropolitan) option had no ability to use a
participating physician and thereby avoid
deductibles and co-payments. Under the Empire
Plan, they will have that ability and, hopefully,
Save several hundred dollars each year in out-of-
pocket expenses,”’ Mullens said.
(Cost containment |
will be achieved
in several ways
Cost containment provisions are built into the
Empire Plan. A variety of approaches will be
used to keep the lid on health care costs.
An extensive employee communications
program designed to help employees become
better health consumers will be established.
The program will include a toll-free telephone
“Health Line,” which will provide information
on how to use the health insurance plan wisely,
what questions to ask doctors, and what health
care options might be available.
A pre-admission certification program will
be set up, under which the employee’s’
physician will be required to obtain
authorization for all non-urgent hospital
admissions (i.e., other than maternity or
emergency admissions). This process can
avoid unnecessary or too-long hospitalizations
and enable employees to avoid claims denials.
Psychiatric inpatient as will be reviewed
by psychiatric professi: 8
The program will also address the problem
in medical specialties (such as anesthesiology
and plastic surgery) where not enough
arey a Efforts
\will be monitored by the Joint Committee. _//
THE PUBLIC SECTOR, Friday, April 5, 1985
Page 15
Health and safety on-the-job receives new
emphasis in the tentative agreement, with special
attention paid to VDT concerns, prevention of
unsafe work assignments, strengthening of the
toxic substance “right to know”’ protections, and
strengthening of joint labor/management
committees to address safety concerns.
CSEA’s Director of Safety James Corcoran
characterizes the agreement as “‘a sincere effort
to respond to the safety concerns of our
members.”
“The thread which runs through all this is
involvement at the local level,‘‘Corcoran said.
“The best place to identify and address safety and
health problems is at the workplace, at the local
level, where they occur. The policy embodied in
this contract language recognizes this, encourages
labor and management to work together to solve
these problems, but then provides higher levels
to go to if problems remain unresolved.”
The tentative contract strengthens the statewide
Joint Safety and Health Maintenance Committee,
and increases its funding to $350,000, $400,000 and
$450,000 during the three-year contract period.
The Joint Committee’s duties will include a
safety awareness program, education and
training, funding of agency-level safety committee
proposals, a statewide data-sharing network, and
research and siudy to identify problems and
develop solutions.
Health and safety concerns related to video
display terminals (VDTs) are addressed in
contract language. ‘‘We were able to negotiate on
this because the Joint Committee has been
exploring this issue for several years, and a recent
NIOSH (National Institute for Occupational Safety
and Health) study has laid the basic groundwork
for us,”’ according to Corcoran.
® Tentative CSEA/State contract highlights @
Health and safety on-the-job
Greater emphasis makes the workplace safer
Under the tentative agreement, the Joint
Committee will make recommendations by Oct.
1, 1985, which will address the ‘‘ergonomics”
aspects of VDT operation. By April 1, 1986, the
state will develop a policy. The policy will address
measures to combat stress, noise considerations,
workstation layout and design, and purchase of
proper equipment. The tentative contract also
calls for the state to make a good faith effort to
address the ergonomic needs, as it involves
purchase of new equipment, within two years.
The Joint Committee will continue to examine
vision issues related to VDT use, and when data
is available, the state will develop a policy.
Personal protection equipment—such as hard
hats, protective eye gear, safety shoes—is also
addressed. The Joint Committee will review
existing agency policies, and by April 1, 1986, will
make recommendations for a consistent statewide
policy, which will be in full compliance with OSHA
standards.
Right-to-know language relating to toxic
substances is strengthened. The Joint Committee
will develop programs to make sure employees
are informed regarding toxic substances they
come in contact with in the workplace and that
they get the proper training and equipment for
dealing safely with the toxic substances. Also,
workers exposed to toxic substance on the job will
have the opportunity to be medically screened at
state expense.
Prevention of unsafe work assignments has
been a long- standing union concern, and contract
language empowers local labor/management
safety committees to discuss methods by which
such unsafe‘assignments can be prevented.
Union representatives designated to investigate
grievances arising under the safety and health
article will be covered by employee organization
leave under the tentative agreement.
The issue of security in state-owned and leased
buildings will also be the subject of evaluation and
recommendations by the Joint Committee.
Smoking in the workplace will also come under
study, and non-smoking areas in state workplaces
may be established on a pilot basis.
“This language recognizes the serious health
concerns created by smoking,” Corcoran said.
“Both smokers’and non- smokers’ rights will be
recognized.”
Safety and health grievance procedures will also
be modified. ‘Basically, the language says that
in the case of health and safety violations, if
there’s another avenue to pursue to remedy it—
such as Public Employee Safety and Health or
Right to Know—you have to pursue that avenue
first. Then if you exhaust those remedies without
aresolution, you grieve it,”Corcoran noted. “The
process is also modified in the sense that it goes
through different channels at the third step; on the
CSEA side, for example, the grievance comes to
our Department of Safety at the third step.”
Heating and cooling problems in buildings will
be addressed in a side letter to the agreement.
“We weren’t able to get strong policy language
about heating and cooling problems, but we did
obtain a recognition of the issue and a mechanism
in which labor and management can try to
address problems,” Corcoran added.
“All in all, we have some good health and safety
language to work with in this agreement,” he
commented. ‘The teeth will have to be provided
by CSEA members. For this language to work
properly will require ongoing vigilance and effort
by members at the local level.”
V5
PRESIDENT'S
MESSAGE
Page 16
For CSEA’s state members, this issue of
The Public Sector contains the first details
on the tentative contract that you will soon
be asked to ratify.
In the days ahead you will receive more
information, and you will be able to attend
meetings where the contract will be
explained.
Your negotiating team worked hard for
four months. I believe your team has put
together a good contract. It does not
contain everything I would like, but that
is the nature of negotiations. It is the best
contract possible. It should keep our
member’s salaries ahead of the inflation
rate, it increases the geographic
differential for New York metropolitan
area workers, and it contains no
givebacks.
For more than a year before these
negotiations, the state said its priority was
to take away our sick leave. There
areno changes in the leave
eo policy in this contract.
VOTE — IT'S YOUR CONTRACT.
=)
I know that many of you are concerned
about the changes which will occur next
year in the health insurance package. We
went into these negotiations with a goal of
improving the health care package and
containing costs, especially for our lowest-
paid members. I believe this plan will do
that. And I believe when you examine it,
you will agree.
In the coming weeks we will be making
every effort to answer your questions
about the entire contract. Read the
information you will receive, and attend
the meetings. This-is your contract.
Your negotiating team has worked hard
and done a good job. The final decision is
yours. Get the answers to your questions,
and I think you will agree that this is a
good package.
OUI | Preane BT alan.
CSEA President
THE PUBLIC SECTOR, Friday, April 5, 1985
ANNUAL LEAVE REQUESTS
Facilities must establish by September 1 of each contract year, dates by
which employees may request annual leave of five days or more.
ANNUAL LEAVE ACCUMULATION
An employee who is denied annual leave days may accumulate over 40
days if used within the same fiscal year.
SICK LEAVE NOTIFICATION
Employees are no longer required to call in every day of a sick leave ab-
sence if they relate to their supervisor on the first call their expected date
of return. Employees will not be denied sick leave based on not having spo-
ken directly to their supervisor.
DOCTOR’S CERTIFICATE
Upon notice to the supervisor, an employee may submit a doctor’s certifi-
cate on a confidential basis directly to the facility or agency personnel
office.
DENIAL OF LEAVE
If an employee does not receive a response to a request for time off within
four days, the employee may appeal to a facility designee and be guaran-
teed a response within two additional days.
LEAVE REQUESTS
Facilities must establish dates by which an employee may request individu-
al days off in order to have their seniority considered.
BEREAVEMENT LEAVE
The definition of family will be added to the contract for bereavement leave
purposes.
USE OF LEAVE CREDITS
After an employee has exhausted sick leave credits, upon request other
credits may be charged.
LPN—DEVELOPMENT AND TRAINING
$150,000 was negotiated over the life of the agreement to fund programs
for professional development and training for Licensed Practical Nurses.
PROBATIONARY LEAVE
Employees returning from a probationary leave will be guaranteed their
former shift and first preference for available vacancies at their former
work location.
GENERAL HOSPITAL DUTY
General hospital duty will now be established by rosters. Employees as-
signed will receive premium pay of 15 percent of their daily rate if travel
time is over one-half hour from the facility, in addition to their transpor-
tation costs.
COMMUNICABLE DISEASES
Testing and immunization policies will be established and implemented
for employees exposed to Hepatitis B.
UNIFORM ALLOWANCE
$705,000 was negotiated over the life of the agreement to provide a uniform
maintenance allowance to employees working in Food Service Worker ti-
tles. $270,000 was negotiated over the life of the agreement to provide a
uniform maintenance allowance for additional titles in the Institutional
Services Unit.
WORK-RELATED CLOTHING
$90,000 was negotiated over the life of the agreement for work- related cloth-
ing for selected titles in the Institutional Services Unit.
PERSONAL HISTORY FOLDER
Employees will be guaranteed not to charge leave accruals when review-
ing their personal history folder.
® Tentative CSEA/State contract highlights @
INSTITUTIONAL SERVICES UNIT HIGHLIGHTS
NOTICE OF OVERTIME
When it is known by the facility, notice of such overtime shall be given
to employees at the beginning of their regular shift.
SENIORITY
Seniority will be accrued from the first day of employment, regardless of
status. Military leave of up to four years will be included for seniority
purposes.
SCHEDULING OF PASS DAYS
Seniority shall be used to determine the order of selection among employees
for the scheduling of pass days within each shift and title.
POSTING
Grade 13 Competitive Class positions and above will now be posted.
REBIDDING
Rebidding procedures are now an appropriate item for discussion in a lo-
cal labor/management forum.
SPECIALIZED TRAINING
$300,000 was negotiated over the life of the agreement to provide special-
ized training to Institutional Services Unit employees in the Department
of Corrections and the Division for Youth to deal with significant hazards
that exist in those agencies. In addition, specialized training will be provid-
ed to ISU employees who supervises potentially dangerous clientele. This
includes, but is not limited to, employees working in Multiple Disable Units,
Admitting Offices, etc. :
MEAL ALLOWANCE
A meal allowance will be allowed each day that an employee is required
to work at least four hours of overtime continuous with their regular shift.
CAREER ADVANCEMENT
$300,000 was negotiated over the life of the agreement to study and identi-
fy designated job titles within the Institutional Services Unit suitable for
career advancement, and to stimulate, develop and implement career ad-
vancement training programs. A special joint committee will be formed
to study career advancement within six months of ratification of this
agreement.
: LIGHT DUTY
The Employee Health Service will establish and publish guidelines for light
duty.
STRESS MANAGEMENT
$100,000 was negotiated for the first year of the contract to research, study
and develop programs toward relieving job-related pressures. Such pro-
grams shall include, but not be limited to, topics such as stress manage-
ment, interpersonal relationships, and topics regarding the care and
treatment of the mentally ill, mentally retarded, youthful offenders and
prison inmates.
Funding for implementation in the second and third year of this agreement
shall be determined by the Executive Committee of CWEP.
HOLIDAYS
Martin Luther King Day is now the 12th official State holiday. There will
be two floating holidays which will be identified in April of each year.
LABOR CLASS — POSTING AND BIDDING .
Labor Class titles will now be posted, and employees will be able to bid
on job vacancies.
WORK SCHEDULE ADJUSTMENTS
After working overtime, the employee will have the option of taking time
off in lieu of overtime pay within a payroll period.
REIMBURSEMENT FOR PROPERTY DAMAGE
In addition to present contract language, employees will be reimbursed
for personal property damage or destruction outside of the provisions of
the State Finance Law, up to a maximum of $250 per claim.
Ratification process could take at least six weeks
(Continued from Page 1)
of April 22-26. (See page 14). Only mem-
bers in good standing are eligible to cast a vote
to accept or reject the tentative contract; agency
shop fee payers may not participate in the vote.
Ballots will be mailed to those ASU, ISU and OSU
members for whom membership dues were
deducted from the last paycheck received in
March.
Plans now call for complete contract language
to be mailed to members by April 20. Informa-
tion meetings will be conducted throughout the
state April 22-26. And by April 26, CSEA will mail
out ratification ballots, along with fact sheets sum-
marizing highlights of the tentative pacts.
Ratification ballots must be returned by May 13,
and the count will begin that afternoon. Results
will be announced in the May 17 edition of The
Public Sector.
When both CSEA and the State have completed
the ratification process, actual contracts can be
signed, formalizing the agreements.
April 20 Texts of contracts will be mailed to
ASU, ISU and OSU members.
April 22-26 Informational meetings will be held in
each Region.
Ratification ballots and contract high-
lights will be mailed to eligible
members.
Deadline for return of ballots. Ballot
count begins.
April 26
May 13
THE PUBLIC SECTOR, Friday, April 5, 1985
Page 17
HOLIDAY OBSERVANCE
tract year.
ADDITIONAL VACATION CREDIT
ice and two additional days after 20 years of. service.
VACATION USE
days.
VACATION CREDIT ACCUMULATION
Vacation credits may be accumulated up to 40 days. An employee may
accumulate more than 40 days during a fiscal year, provided those credits
are used before the end of the fiscal year.
SICK LEAVE ACCUMULATION
Employees may accumulate up to 190 days of sick leave, and 165 days of
such credit may be used for retirement.
USE OF SICK LEAVE AT HALF PAY
Use of sick leave at half pay is a mandatory benefit in ASU, not only for
illness, but also disability associated with maternity leave.
LEAVE FOR BEREAVEMENT OR FAMILY ILLNESS
Employees shall be allowed to charge absences from work in the event
of death or illness in the employee’s immediate family against accrued
sick leave credits, up to a maximum of 15 days in one calendar year.
TARDINESS — VOLUNTEER FIREFIGHTERS AND
AMBULANCE SQUAD MEMBERS
A reasonable amount of lateness shall be excused for employees involved
in emergency duties connected with volunteer firefighters or emergency
* squad members.
MATERNITY AND CHILD-REARING LEAVE
New benefit allowing up to seven months leave without pay for either par-
ent of an adoptive child. Additionally, employees shall be permitted to use
annual leave and personal leave for child care if they so choose. Leave
without pay may be used by one parent or divided by both.
LEAVE — PROBATIONARY EMPLOYEES
New language to provide to an employee who accepts an appointment in
the non-competitive class a leave of absence from his or her former posi-
tion for a period not to exceed 52 weeks or the period of actual probation.
PERSONAL HISTORY FOLDER
Provides for review of personal history folder within three working days.
Also provides for removal of adverse material after two years or immedi-
ate removal upon mutual agreement.
POSTING OF EXAMINATION ANNOUNCEMENTS
AND JOB VACANCIES
New language provides for seniority on transfer or reassignment to a job
vacancy where there is no distinction between employees with respect rele-
vant to the ability of the employees to perform the required duties.
Most LEAP programs to expand
CSEA/LEAP, the Labor Education Action Program, will see most of
its programs expanded along with introduction of a new IDEA— the Insti-
tute for Development, Education and Advancement. .
The Institute will help State workers prepare for promotional and
traineeship exams and improve study skills.
In addition, LEAP will be making its tuition free course programs more
directly related to advancement opportunities within State service.
New emphasis will be placed in training people in administering col-
lective bargaining agreements. Education in safety and health will also
be on LEAP’s agenda,as well as a resource counseling network,
Finally, maximum reimbursements for tuition will go up to $500 each
fiscal year.
Page 18
~~ THE PUBLIC SECTOR, Friday, April 5, 1985
Tentative CSEA/State contract highlights @
ADMINISTRATIVE SERVICES UNIT HIGHLIGHTS
Martin Luther King Day is the 12th official State holiday. The State has
an option to float two holidays, which will be identified by April of the con-
Employees will earn one additional vacation credit after 15 years of serv-
Employees may use vacation credits in units of one-quarter hour. If the
employee’s written request for use of vacation is denied, the employee shall
receive a written statement of the reasons for denial within five working
EMPLOYEE DEVELOPMENT AND TRAINING
Funding for education and training is increased to $1,516,550 in the first
year, $1,652,550 the second year, and $1,802,550 the third year of the
agreement.
SAFETY AND HEALTH
Incorporation of anew CSEA/State committee to resolve the safety issues
connected with the use of video display terminals (VDTs) in the workplace.
This committee will also recommend the purchase of ergonomic equip-
ment for use with VDTs.
SENIORITY
Inclusion of assignment to shifts, pass days, work locations, alternative
work schedules and vacations made on the basis of seniority.
DOCTOR’S CERTIFICATE
Elimination of the requirement for a diagnosis connected with a doctor’s
note. Also a doctor’s note will not be routinely required for absences of
four days or less. Inclusion of procedures for confidentiality.
OVERTIME MEAL ALLOWANCES
New benefit to provide a $3.50 meal allowance for employees who work
three and a half hours beyond the normal workday.
VERIFICATION OF PHYSICIAN’S STATEMENT
When the State requires an employee to be medically examined, that must
be accomplished within 20 working days. Failure to comply places an em-
ployee on leave with pay.
CSEAP
Increased funding of the Clerical/Secretarial Employee Advancement Pro-
gram to provide $750,000 the first year, $800,000 the second year, and
$850,000 the third year. This is a total of $2.4 million, and a 25 percent in-
crease from the previous agreement.
Emphasis will be focused on developing and implementing programs
directly related to entry-level promotions. As part of this review, the State
and CSEA will examine entry-level titles and, where appropriate, develop
new title series. The State and CSEA will explore possible establishment
of a Secretarial and/or Office Assistant title series.
Creation of new long-term traineeships, such as Hearing Reporter, to es-
tablish an apprenticeship program within ASU.
Expanded use of Administrative Aide positions to allow for increasing the
number of Administrative Aide positions and to create additional positions.
Expansion of the Statewide CSEAP Committee to guide development and
implementation of programs within CSEAP.
NEW CSEAP CONCEPT:
OFFICE AUTOMATION
This concept recognizes the need to address the impact that technological
advancements have on the work environment and the impact that this has ‘
on employees. This concept involves a comprehensive review of automa-
tion and calls for development of procedures and recommendations with
regard to automation in the workforce.
“New technology” considerations in all three bargaining units will be ad-
dressed by the Statewide CSEAP Committee.
Word Processing Training Center will expand, particularly to metropoli-
tan areas. CSEAP training courses will be expanded to out-reach areas.
McDermott warns about bus belts
ALBANY — CSEA Executive Vice President Joseph McDermott warns
that any legislation which requires school buses be equipped with seatbelts
must not also make drivers responsible for buckling up.
“Bus drivers would need two pair of eyes—one to watch the road ahead,
and the other to watch the passengers sitting behind them.
“Sometimes, the suggestion is made that if teachers are required to keep
students seated during study hall, then bus drivers should have a similar
responsibility of making sure students wear seatbelts while on the bus.
“‘But,”’ says the union leader ‘‘there’s a difference. The classroom isn’t
on wheels and doesn’t have to be steered.”
McDermott urges that if such legislation is approved, it specifically ex-
empt drivers from any responsibility or liability in case of accidents.
OPERATIONAL SERVICES UNIT HIGHLIGHTS
APPRENTICESHIP TRAINING
Continuation of the Joint Apprenticeship Training Program with increased
funding in the amount of $500,000 in the first year, and $750,000 and $800,000
in the second and third years of the agreement.
WORK CLOTHING
Allowances have been increased to $600,000, $660,000 and $720,000 for each
year of the agreement.
TOOL ALLOWANCE
Employees required to provide a personal tool inventory for use in perfor-
mance of jobs will receive an annual allowance of $150 in June of each year
of the agreement.
TOOL INSURANCE
$20,000 is available each year for reimbursement to employees required
to provide personal tools for loss due to fire or theft at employer’s premises,
up to a maximum of $2,000 ($250 deductible).
REIMBURSEMENT FOR PROPERTY DAMAGE
Appropriation of $50,000 in each year of the contract to employees who in-
cur personal property damage or destruction not covered by the provisions
of subdivision 12 of Section 8 of the State Finance Law. (Maximum claim
of $250.)
EMPLOYEE DEVELOPMENT AND TRAINING
Funding for employee development and training has been increased to
$2,276,000 for the three-year term of the agreement.
REVIEW OF PERSONAL HISTORY FOLDER
Current seven sections of this article are condensed into five sections. Pro-
vides that employee’s written response is to be attached to the document
to which it pertains. Employee request for removal from file of adverse
material is reduced from three to two years.
LEAVE FOR PROBATIONARY EMPLOYEES
Additional language provides that employee who accepts apppointment
to a permanent non-competitive position at a higher salary grade within
the same department/agency, shall be granted leave of absence from form-
fa position for a period not to exceed 52 weeks or the period of actual pro-
ation.
VACATION — WATERWAYS EMPLOYEES
Allows canal employees with five or more years of service five consecu-
tive days of vacation between April 1 and December 1 each year. Former-
ly, employees needed 10 or more years of continuous service.
VACATION SCHEDULING
An employee’s written request for vacation shall be answered in writing
within five working days of receipt.
VACATION CREDIT ACCUMULATION
Allows an employee who is at maximum vacation accrual of 40 days, and
who is ready to exceed this limitation the following pay period, and whose
requests for usage are denied, to exceed the 40 day maximum limitation,
with the qualification that the balance cannot exceed 40 days at the end
of the fiscal year, March 31.
OVERTIME MEAL ALLOWANCE
Allows for payment when the overtime worked is either three hours be-
fore (and contiguous with) or three hours after (and contiguous with) regu-
lar tour of duty. Formerly, allowance was provided only when the overtime
hours worked were subsequent to and contiguous with the end of regular
tour of duty.
HOLIDAY OBSERVANCE =
Martin Luther King Day included as the 12th official holiday. Selection of
floating holidays (up to two) shall not be unreasonably or arbitrarily de-
nied. Floating holidays, should the State designate one or two, to be an-
nounced during the month of April.
TARDINESS — EMERGENCY DUTIES
Enrolled civil defense volunteers category is added to this article.
MEDICAL CERTIFICATES
When an employee is required to provide a doctor’s certificate, it can only
occur as a result of review of the employee’s attendance record. This re-
quirement would follow counselling and written notice to the employee.
The requirement shall be of reasonable duration.
POSTING AND JOB VACANCIES
New language is consistent with the the present provision and serves to
clarify its application. The new language reads as follows: ‘‘Appointment
to higher salaried vacant positions in the non-competitive class shall be
made on the basis of seniority from among the employees bidding pursuant
to Section 25.1(a), provided the candidate meets the posted qualifications
required, meets the legitimate operating needs of the department or agen-
cy, and has the ability to perform duties and responsibilities satisfactori-
ly. The requirement to prove qualification shall rest with the employee.”’
PERMANENT LABOR CLASS VACANCY
Prior to appointment of a non-state individual to a permanent labor class
vacancy, an employee with a temporary appointment in the same labor
class title at the specific work location/operating unit where the perma-
nent vacancy exists shall, if continued as an employee in that title, be ap-
pointed to the permanent vacancy. Where there is more than one temporary
employee, selection is at the State’s discretion.
PERSONAL LEAVE
Provides to an employee who is unexpectedly and unavoidably absent from
work, use of personal leave without prior approval, as long as notification
occurs within two hours after the beginning of work and as long as there
is an acceptable, satisfactory explanation for such absence.
__ SENIORITY — DEFINITION
Changes made to conform to what exists: Department of Mental Hygiene
changes to Office of Mental Health and to Office of Mental Retardation
and Developmental Disabilities; and new (0) is added, Division of State
Police — Troop or Division Headquarters. Article defines length of con-
tinuous service as ‘‘...time employed continuously within the entity
described above.” Permanent, provisional, temporary and less than full
time (non-seasonal) are considered service.
WORK LOCATION, SHIFT AND
PASS DAY ASSIGNMENTS
New language is added as Article 29.1(d): In the event that an employee
is authorized to be absent due to an on-the-job injury or is placed on autho-
rized leave for maternity purposes or leave for extended illness including
sick leave at half pay, the employee’s shift, pass day and work location
assignment as applicable, shall be held for a maximum of three months.
However, such hold shall not apply where rebidding occurs while leave
is in effect or where the employee’s shift, pass day or work location as-
signment would have otherwise terminated, e.g., change in seasonal shift;
facility or building closes; etc. A new 29.1(e) permits mutually agreed to
local arrangements regarding the method by which shift, pass days, and/or
work locations as appropriate are selected.
NEW ARTICLE: WINTER MAINTENANCE
DEPARTMENT OF TRANSPORTATION
Article defines winter maintenance period from November through April.
The following provisions apply only te winter maintenance activity of the
Highway Maintenance Division:
(a) Standby On-Call: Except as affected by the elements of the call out
response plan, standby on-call, if established, will be the subject of la-
bor/management discussions on a meet and confer basis with the issues
contractually defined.
(b) Distribution of Overtime: Provisions of Article 28 apply, except as
follows:
—Overtime rosters established by shift.at each work location.
—These rosters shall contain both non-special crew and special crew per-
sonnel. The special crew members will be placed at the bottom. The names
of each group will be in seniority order.
—Available overtime shall first be distributed among employees who shift.
(c) Shift Assignments: 1) Upon establishment of shifts, assignment will
be first from among non-special crew personnel in accordance with Arti-
cle 29. Special crew personnel will then be assigned in accordance with
Article 29. 2)Employees assigned to winter maintenance shifts which re-
quire them to change their normal working hours to a shift any part of
which falls between the hours of 6 p.m. and 6 a.m. on a regularly sched-
uled basis will receive for each winter season $200, $250 and $300 respec-
tively. Payment to be made no later than December of each year.
(d) Call Out Response Plan: The following will be established on a pilot
basis for the 1985-86 winter maintenance season. For an employee called
out 10 or more times during the season, and:
—responds to 75 percent of calls, receives $200 in June
—responds to 85 percent of calls, receives $230 in June
—responds to 95 percent of calls, receives $260 in June.
An employee failing to respond on two consecutive call outs becomes ineligible
for participation, but may be reinstated if responds to three consecutive non-
standby call outs. Should this happen, credit is made to the employee with the
number of responses which preceeded the two times of non-contact, but not
with the three responses from non-standby status.
The program may be terminated after the end of the 1985-86 season sub-
ject to DOT option. CSEA and the State will meet and confer to evaluate
the program.
THE PUBLIC SECTOR, Friday, April 5, 1985
Page 19
ALBANY — Can VDT operators be both safe and comfortable?
The New York State/CSEA Safety and Health Maintenance Committee recently sponsored
| a landmark VDT Study to find out.
John Pardee, chairman of the joint labor/management group, explains:
“A year ago, as the result of articles in the labor press, the national press and in various
health and safety magazines, committee members decided we should look into VDTs and their
impact on the workplace. i
“The purpose was to give us a benchmark . . . to tell us where we are now.”
In May 1984 he asked the National Institute for Occupational Safety and Health (NIOSH) to
conduct a study. And, says Pardee ‘‘despite economic pressures on NIOSH, they took it on.””
A total of 905 VDT operators were contacted in one of the most exhaustive studies ever
conduetea: They were from two State departments — Motor Vehicles, and Taxation and
ance.
Dr. Lawrence Schleifer, NIOSH project officer, notes “It is perhaps the largest sample of
VDT operators ever taken.” The 90 percent response rate ‘“‘was the highest ever.”
Questions were designed to reveal conditions which contribute to, or are responsible for,
“musculo-skeletal” and general health problems.
Results were based on 842 responses: 743 female and 109 male.
Male workers were primarily programmers and computer operators. They spent
/ fewer hours each day using VDTs than did female employees who were mostly data
entry operators and clerks. They spent longer hours at terminals performing highly
repetitive tasks.
Keeping this in mind, here are survey highlights:
¢ Female workes reported more ‘‘musculo-skeletal’” and visual discomforts than
did male operators.
Neck, shoulder and back strains were more prevalent than problems with wrists,
hands and fingers.
« Chair comfort was rated as “‘just adequate” to “very uncomfortable” by ranges of 60 to 62 percent.
e Screen glare was reported about twice as frequently as any other display problem.
¢ VDT operators surveyed have a favorable impression of the new technology. Seventy-five percent of
workers contacted in Motor Vehicles thought it increased productivity while the positive rating in Taxation and
Finance was 53 percent (women) and 73 percent (men).
ALBANY — VDT operators can be both safe and comfortable.
Part two of the VDT Study was an ‘ergonomic evaluation” of four specific worksites — two in
Motor Vehicles, and two in Taxation and Finance.
Ergonomics is defined as a technology concerned with designing and arranging workplace con-
ditions so that people and things interact most effectively and safely.
Locations were pre-selected by the New York State/CSEA Safety and Health Maintenance Com-
mittee. Each site was an open office design with no physical structures separating workstations.
Detailed studies were also made of ten operators/workstations in each of the four chosen sites.
Participation was voluntary. :
Overall findings suggest more problems with workstations than with VDTs themselves. The
result, perhaps, of installing new technologies in old workplaces.
Here is a summary of recommendations based on information gathered:
¢ Regularly clean displays. Eleven of the 40 studied were “appreciably smudged or dirty.”
© Urge operators to adjust brightness/contrast to improve legibility.
¢ Workstations should be lowered and wrist-palm rests provided. Most operators were sittingy, LE
too high and tended to put too much stress on wrists. Purchasing thinner keyboards is <p
another solution. ‘
¢ Windows should be covered to reduce glare from overhead lighting. In so doing, care should
be taken to make sure source documents are sufficiently illuminated.
¢ Operators should not use excessive keying force. They may be doing so out of habit or because
of tension.
¢ Swivel-tilt chairs and “‘kidney-styled” backrests should be replaced.
¢ Operators should be taught how to properly adjust chair height. They should also be encourag-
ed to adjust backrest tension because operators performing repetitive tasks seem to benefit from a
backward lean. 5
¢ Fabric covered chairs are better than plastic ones because they ‘“‘breathe’’ and reduce the
muscular effort of sitting.
© Wearing light colored clothes may cause display reflections.
¢ Document holders should be close to displays to avoid eye and neck strains.
* Operators should take advantage of interruptions in the work load to stretch and relax. If there
are no such interruptions, then momentary pauses for relief should be allowed.
LANDMARK VDT STUDY is checked
by, from left, CSEA activists Sue
Waltz from Region IV; Elliot Berns-
tein from Region II; CSEA Director of
Safety and Health Jim Corcoran,
NIOSH Project Officer Dr. Lawrence
Schleifer, and CSEA statewide
Secretary Irene Carr, a leading pro-
ponent of improved VDT standards.
Page 20 THE PUBLIC SECTOR, Friday, April 5, 1985 %