The State Employee, 1938 April

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E EMPLOYEE |

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OFFICIAL MAGAZINE OF THE ASSOCIATION OF STATE CIVIL SERVICE EMPLOYEES OF THE STATE OF NEW YORK

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THE STATE EMPLOYEE is pub-
lished monthly except, May, July, and
August. Publication office 2 Norton St.,
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offices Room 156, State Capitol, Albany,
N. ¥. 10c a single copy, $1.00 per year.
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THE STATE

EMPLOYEE

Official Publication of
The Association of State Civil Service Employees of the State of New York
Room 156, State Capitol, Albany, N. Y.
Editor, Cuantes A. Barnp, Jn.
Art Editor, Rocer Stoxenouse.
Business Manager, Joseru D, Locuner
Editorial Board, W. F. McDoxoucn, Rateut D. Frese, Jou L, Havers

OFFICERS

=>

Jorn T, DeGrare, Counsel
Many H. Airmen, Secretary
Josern D, Locuxen, Executive Secretary

APRIL, 1938

NO, 4.

Legislative Report of 1938 Session

Many laws of vital interest to
Civil Service employees were en-
acted at the past session of the Leg-
islature, despite the fact that the
number of bills signed was the low-
est during Governor Lehman’s admin-
istration as Governor; only 741 as
compared with 927 in 1937, 944 in 1936
and 980 in 1935. During the thirty-
day period following the adjourn-
ment of the Legislature, Governor
Lehman established an all-time rec-
ord by vetoing 318 of the 1059 bills
passed during the session.

The legislative program of the
Association was remarkably suc-
cessful. More bills sponsored by
the Association were enacted into
law than during any previous ses-
sion since the Association was or-
ganized. Nearly a score of con-
structive civil service measures were
placed on the statute books. Of al-
most equal importance is the fact
that not a single destructive meas-
ure was enacted which might tend
to lower or impair the high stand-
ards of civil service,

Due to the fact that over 400
bills affecting the civil service
status, pension rights and working
conditions of civil service employees
were introduced during the session,
it is impossible, within the limits of
this report, to do more than sum-
marize the new laws and refer
briefly to the bills that were vetoed
by the Governor or which failed to
pass the Legislature.

Among the laws drafted by your
Association and adopted at its re-
quest were the following:

CHAPTER 498
‘The Feld-Ostertag Bill
Governor Lehman, in approving
this bill, said:

By John T. DeGraff, Counsel

COUNSEL JOHN T. DeGRAFF

“This takes a long step for-
ward in the improvement of Civil
Service by the establishment of
a classification unit to engage per-
manently in the classification of
the positions in the State Service.
It should help materially in cor-
recting some of the pressing prob-
lems in the State service relating
to classification and reclassifica-
tion. This is in accordance with
sound principles of Civil Service
administration.”

The Feld-Ostertag law is unques-
tionably the most important civil
service measure to be enacted this
year. Although its provisions have
been previously explained in prior
issues of the STATE EMPLOYEE
it may not be amiss to again out-
line the terms and provisions of this
law which so vitally concerns the

civil service employees of the State.
‘This law contains three major pro-
visions:

1, It continues and extends the
Temporary Salary Standardization
Board until December 1, 1938, to
hear appeals from allocations and
gives the Board power to make such
revisions in the allocations adopted
last year as may be deemed just and
equitable.

Governor Lehman has announced
the appointment of Joseph E.
Sheary, Chief Auditor, Department
of Public Works, as Chairman of
the Board to fill the vacancy caused.
by the death of Henry F. Luiz
The other members of the Board,
Budget Director Abraham S. We-
ber, Frank L. Tolman, William J.
Maher and Marjorie Arnold, who
were appointed last year will con-
tinue in office, and appeals may be
filed as soon as appropriate appeal
forms are printed. Any employees
who feel that their allocations to
salary grades under the Feld-Ham-
ilton law should be revised must file
their appeals in writing before July
1, 1938, on forms prescribed by the
Board. In the closing days of the
session a resolution was adopted in
both houses authorizing the print-
ing of the report of the Board. This
report, which is now in the hands
of the printer, should be available
for distribution very soon and
should be carefully examined by
every employee who contemplates
an appeal to the Board.

2. It creates in the Department
of Civil Service a permanent Classi-
fication Division which consists of
three members with power to re-

Continued on Page 4
THE STATE EMPLOYEE

April

Legislative Report of 1938 Session

classify positions in the State serv-
ice. The Board is given broad pow-
ers to reclassify positions until Oc-
tober 1, 1939, and after this tem-
porary period of adjustment its pow-
ers are limited to those which are
essential to keep the classification
up to date. During the temporary
period, ending October 1, 1939, the
Board may, with the approval of
the Civil Service Commission, and
without requiring an examination,
allocate to an appropriate title the
position of any employee who shows
to the satisfaction of the Board that
he has been satisfactorily perform-
ing the duties of such position for a
period of at least one year imme-
diately prior to the date the law be-
came effective, viz, April 6, 1938.
After adjustments have been made
during this temporary period, the
law contains specific provisions that
no employee, either by reclassifica-
tion, change of title or otherwise,
shall be promoted, demoted, trans-
ferred, suspended or reinstated ex-
cept in accordance with the provi-
sions of the Civil Service Law. All
appeals for reclassification of title
are required to be made before Oc-
tober 1, 1938, on forms prescribed
and furnished by the Board. The
Classification Board has not yet
been appointed and it probably will
be a month or so before the appeal
forms are printed and the Board is
ready to function.

3. It also provides that, when
present employees are working at
less than the minimum established
for their grades, new appointments
shall be made at the lowest sal-
ary then received by the present
employee holding the same title in
the same promotion unit and that
one of such present employees shall
then be forthwith increased to the
minimum established for the posi-
tion. The limits of a promotion
unit are to be determined and es-
tablished by the Civil Service Com-
mission. This provision is particu-
larly necessary for otherwise, new
appointments might be made at
rates higher than those received by
present employees. It will be par-
ticularly beneficial to employees in
departments where new appoint-
ments are being made, for every

Continued from Page 3

new appointment will make avail-
able additional funds for increases
to present employees. For ex-
ample: If the minimum salary for
a certain position is $1500 and some
employees now accupying that po-
sition are receiving, $1200, $1300 and
$1400, the new appointment must
be made at $1200. Since the budget
contains an appropriation for that
position at $1500, this will make
$300 available for distribution to
employees now receiving under
$1500. This increase may be award-
ed to one employee or distributed
among several, in the discretion of
the department head. In the ex-
ample above set forth, one employee
getting $1400 could be increased to
$1500, another getting $1300 could
be increased to $1400 and the lowest
paid, now receiving $1200 could be
increased to $1300. These increases
would be in addition to the annual
increments prescribed by the Feld-
Hamilton Law.

It is extremely important for all
employees to become familiar with
the powers and jurisdiction of the
Classification Board and the Tem-
porary Salary Standardization Board.
The Standardization Board has no
power to change titles. Its func-
tion is to assign employees having
a certain title to one of the grades
in the schedules established by the
Feld-Hamilton Law and it must as-
sign all employees holding the same
title to the same salary grade. The
Classification Division, on the other
hand, has no power to fix salaries or
to allocate positions to the grades
established by the schedules. Its
function is limited to the classi-
fication of titles and it is empow-
ered to classify and reclassify posi-
tions so that the title will correctly
describe the duties which the em-
ployee is actually performing. When
a position is correctly classified, the
incumbent will automatically re-
ceive the salary fixed for that title
by the Standardization Board. The
fundamental difference between
these two agencies may be more
clearly explained by example:

Assistant Account Clerk: Is ap-
pointed to salary grade $1200 to
$1700 and he believes that he should
be allocated to a higher salary

grade. He may individually, or in
cooperation with other Assistant
Account Clerks, appeal to the Tem-
porary Salary Standardization Board,
which has the power to allocate
that title to a different salary grade
if its comes to the conclusion that a
higher salary for the position is
justified. On the other hand, if the
employee believes that he is entitled
to a higher salary because, though
his title is Assistant Account Clerk,
he has been for several years per-
forming the duties of an Assistant
Accountant, he should appeal to
the Classification Division rather
than to the Temporary Salary
Standardization Board, The Classi-
fication Division would have power
td reclassify his position and give
him the title of Assistant Account-
ant and he would then automatically
be assigned to the same salary grade
to which other Assistant Account-
ants have been assigned.

Employees should file their ap-
peals promptly as soon as the print-
ed forms are available. It must be
remembered that it is necessary to
provide funds in the budget before
a change in salary can be made and
no change of allocation or change of
title can be effective until the fis-
cal year following the date when
the change is recommended by the
Classification Division or the Stand-
ardization Board. Since the bud-
get is usually prepared in October,
employees desiring to appeal should
do so in sufficient time so that the
appeal can be determined before
October.

The Feld-Hamilton Law, enacted
last year, established a foundation
for the career service principle. The
Feld-Ostertag Law sets up the nec-
essary machinery to correct any in-
equities or inequalities that may ex-
ist in the application of the Feld-
Hamilton Law, and every employee
who is aggrieved will have an op-
portunity to present his case be-
fore an agency empowered to make
whatever corrections may be nec-
essary.

CHAPTER 256
The McElroy-Ehrlich Bill

This law, the first civil service

measure to be enacted as the 1938
Continued on Page 10
April

THE STATE EMPLOYEE

Convention Committee

President Brind, in accordance
with special resolution adopted by
the Executive Committee at its
meeting April 11th, appointed the
following committee to deal with
questions relating to changes in the
State Constitution arising as a re-
sult of the convention:

Chairman, William F. McDon-

ough, Agriculture & Markets

Frank L. Tolman, Education

Charles 1. Campbell, Civi

ice

Elmer E, Lawton, Public Works

Elmer Neumann, Labor

John Livingstone, Hudson River

State Hospital, Poughkeepsie.
Earl Kelly, Tax Dept. N. Y. C.
Harry C. Dupree, Parole Div.,

Buffalo.

William F, McDonough, Chair-
man of the Committee, and former
president of the Association, in
commenting on the work of the
Committee said:

“The Association is mindful of
the responsibility resting with it as
the represen:ative since 1910 of the
largest organized body of State
civil service employees in the United
States. The present State Constitu-
tion establishes the principle of the
merit system as an integral part of
New York State government. If in
the wisdom of the Convention the
provisions dealing with the merit
system may be so re-phrased that
they will safeguard the merit sys-
tem to a still greater degree, the
Association will be for such a
change. No compromise with the
sound principle of selection and
promotion on the single basis of
merit and fitness is possible with-
out harm to the service or without
doing injustice to all citizens who
may aspire to serve the State in
civil positions, It is not apparent
that the inclusion in the Constitu-
tion of provisions for definite hours
of work for State employees as
suggested by some groups would
be practical or desirable. Neverthe-
less, the Committee will receive and
study carefully this and all other
proposals presented, and will ren-
der every possible help to the mem-
bers of the Constitutional Conven-
tion in dealing with suggested civil
service amendments. One thing is
certain, the Association will speak
clearly for State Civil Service Em-
ployees with reference to all state
employment matters.

Serv-

$100,000,000 Nest Egg

State Comptroller Morri
President of the Association of State

that put the investments over the $100,000,000 mark, as Franklin B, Holmes,
Director of the State Employees’ Retirement Fund, (center) looks on.

On April 12th another milestone in
the brilliant history of the State Em-
ployees’ Retirement
On that d:

ler Morris S.

System was
y State Comptrol-

Tremaine invested $2,-

passed.

777,777.78 of the system's funds in a
temporary bond of the Port of New
York, thus boosting its actual invest-
ments total to $102,342,582.30. Of this
nount, $94,617,003.47 is invested in

bonds of State municipalities and $7,-
725,578.83 in Federal Housing Ad:
istration mortgages.

This large “nest egg” of over 102
millions to the credit of the 76,716
members of the system, guarantees
fair and adequate pensions for the
State’s faithful employees who reach
retirement age

Comptroller Tremaine stated “that
the retirement system was one of the
“finest institutions of its’ kind in the
world. It provides a means whereby
faithful civil service employees of
the State and member municipalities

Photo Courtesy Albany Times-t

S. Tremaine (left) showing Charles A, Brind, Jr.,

1 Service Employees, the bond

through their own thrifts

systematically lay aside 9 portion vf
their earnings for the rainy day of
old age.”

President of the Association, Chas.

A. Brind, Jr., speaking of the

system,

id: “Comptroller Tremair’s keen

investment judgment has won for

him the admiration of every State
employee. It is well to call attention
to the fact that the average interest
yield on the entire fund is approxi-
mately four and one-quarter per cent,
with not one cent lost or in jeopardy
through default or delinquency.”

State employees should fully appre-
ciate the efficient administration of
the State Retirement Fund, through
its industrious Director, Franklin B.
Holmes. Our Association of State
employees has been most active during
the legislative session, as well as in
previous sessions, in its efforts to pro-
tect the stability of the State Em-
ployees’ Retirement Fund.

THE STATE EMPLOYEE

April

Annual Dinner

(Editor’s Note: Lack of space in
previous issues prevented the follow-
ing interesting report on the Annual
Dinner of the Association)

The Association’s Annual Dinner
held February 24th at the De Witt
Clinton Hotel proved to be the most
outstanding affair of its kind in the
Association’s history. Approximately
eight hundred people were in attend-
ance taxing the hotel’s table space
to the limit.

Governor Herbert H. Lehman, Lieu-
tenant Governor M. William Bray,
State Comptroller Morris S. Tre-
maine, President of the State Civil
Service Commission Grace A. Reavy,
Director of the Budget Abraham S.
Weber were among the guests of
honor while other State officials,
members of the Legislature and rep-
resentatives from every Department
of the State Government were pres-
ent in large numbers.

Following the dinner, Harold J.
Fisher of the Department of State,
Chairman of the Social Committee
and presiding at the dinner, intro-
duced Associition President Charles
A. Brind, Jr., as toastmaster, who,
after an interesting address, in turn
introduced the speakers of the even-
ing, Governor Lehman and the Hon-
orable Grace A. Reavy.

The feature of the program was
the “stunt” show with an all-State
service cast, entitled “The Capitol
Careerers,” (on the air), written and
arranged by members of the Enter-
tainment Committee, headed by Mr.
Thomas Stowell of the State Health
Department’s Publicity Bureau, who
presided to perfection at the “mike”
as Major “Blowes” in his amateur
hour.

Genuine musical, dancing and his-
trionic talent on the part of the cast
furnished the audience with enter-
tainment of a professional rating. Ap-
pearing were such artists as Major
John A. Warner, billed as the “Mu-
sical Cop,” Hon. Walter S. Brown,
Secretary to Governor Lehman, vo-
calist, Abram Wechsler, Department
of State, vocalist and impersonating
Mayor LaGuardia, Esther Coffey,
skilled accordionist from the Depart-
ment of Law the Capitol Hillbillies
and the Quartet of Gubernatorial Can-
didates. John L. Halpin, Secretary
to the Conservation Commission, ably
assisted Mr. Stowell with the broad-

cast, speaking for the sponsor of the
program, the Feld-Hamilton Bologna
Company.

Other members of the Entertain-
ment Committce who were responsible
for the humorous script of the show,
were Walter S, Brown, Secretary to
Governor Lehman; Clarence H.
Knapp, Publications Editor, Depart-
ment of State; Foster Potter, Depart-
ment of Agriculture; John F. Tre-
maine, Secretary to the Commissioner
of Correction; John L, Halpin, Sec-
retary to the Conservation Commis-
sion, Frederick Hallowell, Secretary
to the State Comptroller; Allan Rea-
gan, Director of the State Publicity
Bureau, and Charles H. McTigue,
Secretary to the State Tax Commis-
sion,

The success of the dinner was large-
ly due to the tireless efforts of Mr.
Harold Fisher, Chairman of the So-
cial Committee, to whom credit should
also be given for suggesting a parody
of the Major Bowes Amateur Hour
as a working basis for the show it-
self. “Tom” Stowell, coach and stage
manager, once again put over a smart,
smooth running performance which
throughout was of the usual Stowell
high standard.

At the close of the Broadcast Skit,
the floor of the main dining room was
cleared and general dancing was the
order of entertainment for the re-
mainder of the evening and well on
into the following morning.

Assisting Mr. Fisher as members of
the Social Committee, were Hazel A.
Ford, Beulah Bailey Thull, Janet
MacFarlane, Isabel Neary, Lillian
Hyatt, Gracz E. Keck, Nina Foran
and Wayne Soper,

Canal Workers Dine

On Saturday evening, March 26th,
at the Hotel Schuyler, Schuylerville,
a most successful banquet of the op-
erating force of the Champlain
Canal was held. Some thirty-odd
persons attended.

Guest of honor, John T. DeGraff,
Counsel of the Association, gave a
most interesting talk on “Civil Sery-
ice Procedures Generally.” Other
guests present were A. J. Scanlon
of the District No. 1 office, and T.
J. Connors, of Little Falls, operator
of the Little Falls lift bridge.

Executive Meeting

The regular monthly meeting of
the Executive Committee was held
on Monday, April 11, 1938. President
Charles A. Brind, Jr., presided, At-
tending were: Ear] P, Pfannebecker,
Mary H. Ahern, William F, McDon-
ough, Elizabeth Staley, Davis L.
Shultes, John W. Henry, George A.
Kehoe, William C. Hinckley, Harold
J. Fisher and Mrs. Mary Avstin,

The first order of business was the
consideration of an application for a
new chapter at the State Institute at
Napanoch, ‘his new chapter was ap-
proved unanimously.

President Brind reported that the
paid 1938 membership in the Associa-
tion exceeded 17,000, which repre-
sented a 2,000 increase over the total
of any previous year.

AA brief report of the social commit-
tee as to the Annual Dinner was given
by Chairman Harold J. Fisher. The
committee complimented Chairman
Fisher and his committee for their
fine work in the handling of the din-
ner. It was reported that over 800 at-
tended the dinner. Discussion was
had concerning the possibility of a
clambake in September for Associa~
tion members.

President Brind explained that a
special committee was being estab-
lished to investigate into per diem,
monthly and seasonal employees for
the purpose of having them come un-
der the Career Law. He explained
that John Jahn had been named as
Chairman of this Committee. The
committee members were instructed
to report this to their departments for
consideration of various persons to
act on this committee.

A resolution was adopted to estab-
lish a special committee to represent
the Association so far as the Consti-
tutional Convention is concerned.
This has been done, and the person-
nel of his new committee is contained
in another part of this issue.

The Committee mourned the death
of Charlotte Farrington, a member
from the Correction Department, and
appointed Mzs. Mary Austin to act
in that capacity for the balance of the
Association year,

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April

THE STATE EMPLOYEE

Sick Leaves

As stated in the Legislative Report
of our Counsel, our Association
was successful in having passed in
both houses of the Legislature the
McElroy-Ehrlich Bill, which pro-
vided for employees of mental hy-
giene institutions 14 days sick leave
per year, accumulative over a two-
year period. In 1933, when the
present sick leave rules effective
throughout departmental service were
adopted, these rules were not ac-
cepted by the mental hygiene in-
stitutions, and as a result in many
institutions if an employee is sick
only one day, deductions are made
from his pay.

The McElroy-Ehrlich Bill was
vetoed by Governor Lehman on
April 16, at which time he stated
that “sick leave and the number
of days of sick leave that should be
granted to employees of the State
are matters which should not be
rigidly mandated by statute but
rather should be left to the deter-
mination of administrative branch
of government. Only in that way
is it possible to adopt programs
which will be just and equitable to
all State employees.”

President Brind, under date of
April 22nd, wrote the following let-
ter to Governor Lehman concern-
ing this measure:

“Our Association has consistent-
ly concurred with the thought ex-
pressed in your memorandum that
‘sick leave and the number of days
of sick leave that should be granted
to employees of the state are mat-
ters which should not be ri;
mandated by statute but rather
should be left to the determination
of the administrative branch of
government.’ The difficulty with the
present situation is that, as I under-
stand it, a uniform sick leave plan
was promulgated and adopted by
the cabinet and has been pretty
well established and maintained in
the departments at Albany and
some other places. Apparently,
however, some institutional heads
in the Department of Mental Hy-
giene are apparently ignoring the
sick leave plan and are giving their
employees no sick leave whatso-
ever.

I think it almost axiomatic that
industry today believes that the pro-
mulgation of fair sick leave ar-

rangements strengthens definitely
the morale of employment. The in-
stitutional employees are far less
able because of their income to
stand the deduction in pay than any
other group in State service. The
bill above referred to was intro-
duced at the request of our Asso-
ciation because we seem to be un-
able to secure any relief through
administration.

“I realize that many of our insti-
tutional employees receive certain
services not accorded employees in
other departments by way of hos-
pitalization and medical care due
to the fact that they are in institu-
tions providing such service and
that it is convenient to accord such
service to employees. However, as
I understand it, this additional as-
sistance is very much over-empha-
sized and it is only in few instances
that the help that the employees re-
ceive would equalize the sick leave
accorded departmental employees.

“I am exceedingly hopeful that
the matter can be given further
study and that some equitable ad-
ministrative plan may be worked
out so that our faithful employees
in the institutions, who have served
the State long and well, may not be
unduly penalized and discriminated
against because of sickness.”

Ithaca Meeting

A special meeting of the employ-
ees of the Herman Bigg’s Memo-
tial Hospital was called on April
14th, at which time, Joseph D. Loch-
ner, Executive Secretary of the
State Association, fully explained
the advantages and benefits of
State-employee, State-wide organ-
ization. The organization of a lo-
cal chapter at the institution was
thoroughly discussed. Employees
attending were allowed to ask any
questions, aud the work and activi-
ties, legislation pending, etc., were
discussed at length. M. Harry Te-
wey, Assistant Pharmacist at the
Hospital, is local representative of
the State Association. It is appar-
ent that employees of that institu-
tion are interested in organization,
and that a Chapter will eventually
result.

AT
YOUR SERVICE
IN NEW YORK

Be sure to stop at the Hotel
Lexington on your next visit
to New York. Here you will
find every one attentively
waiting to serve you.

The Hotel Lexington ts
centrally located, just a few
blocks from Grand Central
Station and convenient to
the shopping and theatre
districts,

The rates are reasonable,
too. From $3.50 single, $4.50

double. Each cheery, comfort-
able room has bath and radio.

Be sure to visit the
Hawaiian Room where
you will enjoy that real
Hawaiian hospitality.

HOTEL
LEXINGTON

48th ST. AT LEXINGTON AVE.
Charles E. Rochester, Manager

THE STATE EMPLOYEE

April

Facts and Falacies About Classification

(Continued from March Issue)
Based on a Monograph by
Dr. Ismar Baruch
Chief of the United States Personnel
Classification Division

Prepared for
THE STATE EMPLOYEE
By the Classification Unit of the New
York State Department of
Civil Service
Some Common Misunderstandings
About Duties Classification

POSITION AND EMPLOYEE:
Unfortunately, many individuals
have the erroneous idea that in clas-
sifying a position, emphasis should
be laid on the capabilities, qualifica-
tions, and efficiency of the employee
occupying the position at the time.

Duties classification, as the term
implies, is a classification of posi-
tions and not a classification of the
employees occupying them. If po-
sitions were placed in classes ac-
cording to the qualifications of their
incumbents, all persons having the
same qualifications would receive
the same rate of pay regardless of
the work done; thus one who per-
forms easy and routine tasks would
be paid the same as one who per-
forms difficult and responsible tasks
simply because both happen to have
the same educational or experience
qualifications. Pay should be for
work done, not for qualifications
which are merely possessed but not
used or necessary in the perform-
ance of the work of any given posi-
tion.

A position, as has been indicated,
is composed of assignments of du-
ties and responsibilities. The posi-
tion may exist and have its identity
whether or not it is occupied at the
moment by an employee. It often
exists as a vacancy before it is occu-
pied by anyone and resumes its stat-
us as a vacancy when an incumbent
is separated from the position. A
yacant position is characterized by
its duties and responsibilities just as
much as an occupied position and,
therefore, is classified on the same
basis,

Normally, the same position, its
duties and responsibilities un-
changed to any material extent, may
be occupied successively by differ-
ent employees whose individual
qualifications, although perhaps va-

rying greatly, have not affected the
basic operations of the position as
shown by the assignments of work and
the responsibilities exercised. In some
cases, however, it may come about that
by reason of changes in the activities
of the unit or because of an employee's
individual traits or abilities, the char-
acter of the position to which he
was originally appointed may mate-
rially change and the value of the
position to the organization be en-
hanced or decreased. These are
simply causes of change in the char-
acteristics of the position and must
be clearly distinguished from the
effect, namely the changed duties
and responsibilities themselves.
These, and not the employee’s ca-
pacities or deficiencies, should serve
as the controlling factors in classi-
fying the position after it has mate-
rially changed.

Another common reason for mis-
understanding of the fact that duties
classification relates to the job rath-
er than the employee is the failure
to distinguish between the duties
and responsibilities an employee
performs or exercises and the de-
gree of efficiency or effectiveness
with which the employee carries out
these duties and responsibilities
When different persons are es-
signed to identical duties and re-
sponsibilities they may carry them
out with varying degrees of effi-
ciency. The jobs are no different,
but the performances of the per-
sons on the jobs are different. The
particular degree of efficiency with
which the duties and responsibili-
ties of a position are discharged is
not a characteristic of a position
but is, rather, a characteristic of the
employee occupying the position at
that time, and hence should not
serve as a factor of classification.

Since variations in individual per-
formance on identical jobs should
not be recognized by differences in
classification, another method of
compensating for efficiency must be
used. The recognized solution is to
fix a salary range instead of one flat
rate for each class of positions. This
range includes a minimum ate,
which is the entrance rate of the
class, below which no employee oc-
cupying a position in the class
should be paid, so long as his work
is sufficiently satisfactory to war-

rant his retention in that position;
several intermediate rates for the
purpose of rewarding degrees of in-
creased usefulness and efficiency;
and third, a maximum rate beyond
which no employee should be paid
while occupying a position of that
class, no matter how efficient he
may be on that particular work.

Another frequently found misun-
derstanding has to do with failure
to distinguish properly between a
DUTIES CLASSIFICATION
PLAN and A COMPENSATION
PLAN.

The two are distinctly different
in basis and technique.

A position classification plan is a
system under which positions, on
the basis of their current duties and
responsibilities are grouped into
classes, each class designated by a
descriptive title and defined by a
description of the duties, responsi-
bilities and qualification require-
ments of positions in the class. In
addition, to be effective, the classi-
fication plan should contain or pro-
vide a code of rules for its current
maintenance, alteration, and amend-
ment.

A pay plan, or compensation plan,
on: the other hand, is a plan by
which positions, as previously ar-
ranged under a classification plan,
are evaluated by classes in relation
to one another; by which scales of
pay are specified for each class of
position, and in which a code of for-
mal rules governing the installation,
administration, amendment, and ad-
justment of the compensation plan
is included.

In other words a position clas
fication plan serves to separate posi-
tions into classes while a pay plan
serves to fix the salary scale for
each class and thus for each posi-
tion in the class.

The factors properly entering into
the basis of a pay plan consist of,
first, factors determining the pay
policies of the jurisdiction and the
general level of the scales of pay
for the different classes regarded on
the whole, and, second, factors de-
termining the relative pay levels be-
tween different classes. *

To Be Continued in Next Issue
April

THE STATE EMPLOYEE

BUSINESS AND PROFESSIONAL DIRECTORY

State employees are urged to give special consideration to this directory, arranged alphabetically, of business
and professional firms and to patronize those listed herewith. When patronizing them, mention that you saw their
advertisement in THE STATE EMPLOYEE:

BEAUTY SHOPPES

Lido Beauty Salon
Specializing in Permanent Waves
Soapless Oil Shampoo and Wave 85e
105 No. Pearl St., opp. Strand Theatre
Telephone 4-2518

CURTAINS AND VENETIAN BLINDS

The Curtain Shop
Curtains—Spreads—Draperies
95 So. Pearl St. — Tel. 3-4534
Discount to State Employees

GIFTS

PICTURE FRAMING

‘The Linen Chest, Inc.

inen — Lamps — Gifts
Ask about our Layaway Plan
37 Maiden Lane — 4-3216

GREETING CARDS—KODAKS

Kodak finishing 2c per print, any size
roll, Sizes 127-120-116-118, 130-124-122.
Lawyer's, 39 Maiden Lane, formerly
106 State St.

KODAKS

ELECTRICIAL APPLIANCES

Ohampagne’s Radio Store
Radio — Frigidaire — Blectricat
Appliances
41 Beaver St, — Tel, 3-D417
Mxpert Repair and Service

FLOOR COVERINGS

Clark Carpet Co.
Bloor Coverings Specialists
112-114 No. Pearl St., Albany
Phone 5-3418

FLORISTS

Danker's
New Location—121 N. Pearl St.
Just above Orange St.
Phones—3-4250, 3-4258 and 3-4259

FURNITURE

John B, Haut, Inc,
“The House of Quality.” 175 Central
Ave. Phone 4-2104. Furniture that
adds distinction to any home.

F. E. Colwell

& Co.
Kodaks and Photographic Supplies
13 James St., Albany

MUSICAL

Modern Music Shop
and Studios
510 Broadway. ‘Tel. 3-950
‘The latest popular sheet music, player
rolls and records,
Band and orchestra instruments.
Instructions on all musical instru-
ments.

OPTICIANS

Louis J, Berben
Dispensing Optician
36 Maiden Lane — Phone 3-0500
3 Doors Below No. Pearl St.

PAINTS, WALL PAPER

Capital Glass Co.
Attractive modern mouldings and
frames at reasonable prices
355 Central Ave. — Phone 5-9711

RIDING EQUIPMEN’

Army and Navy Store
90 So. Pearl St., Albany
Riding Habits and Boots for men,
women and children—Cut Prices

SHOE SPECIALIST

T. Arthur Cohen
M. W. Locke Shoes
New Address,
81 Chapel St.

STAMP EXCHANGE

. Br. Col. Foreign Singles, Blocks,
Sheets, Rarities. Finest stock in north-
ern N. ¥. Approvals—want list filled.
61 Columbia St., Albany.

v.

STATIONERY

C. W. Lewis
Office Supplies
91 North Pearl Street
Tel. 4-3616

Uniform Shop
Nurses’ Uniforms, Maids’ Uniforms,
Smocks for Men and Women. Broad-
way Arcade. Phone 4-8520.

WINES & LIQUORS

Sherwin-Williams
Paint and Wall Paper Headquarters
480 Broadway — 324 Central Ave
Albany, N. ¥.

Winchell & Co., Inc.
Wine and Spirit Merchants
59 State St., Alba
Prompt City Delivery — Phone 4-5616

H. R. S. H. News:

The regular monthly meeting of
the Hudson River State Hospital
Employees’ Association was held
in the Amusement Hall on Wednes-
day, April 20th, at 12:45 noon, when
a general review of all legislation
effecting institutional employees
was discussed. No meetings are
scheduled for the months of May,
June and July. The next meeting
will be on the third Wednesday of
August, which will be an important
one. At the March meeting, em-
ployees attending enjoyed as thei:
guest William Mark Duffy, Presi-
dent of the Harlem Valley State
Hospital Employees’ Association.

The H. R. S. H. employees did
remarkably well in contributing to
the Community Chest during its re-
cent drive, a total sum of $822.50.
General Chairman David G. Dutton
announced April Ist that Hudson
River State Hospital officers and
employees had contributed the sum
of $1,400 as compared to $1,100 in
1937. In charge of the drive was
Dr. Wirt C. Groom, assisted by G.
Carleton Nuhn and John Living-
stone, officers of the Employees’
Association, who spent a great deal
of time in organizing and complet-
ing the drive.

On March Ist, Mr. and Mrs.
Francis MacDonald, Paul Becker,
John O’Brien and Grace Odell of

Wassaic State School visited H. R.
S. H. and conferred with John Liv-
ingstone, local representative of the
State Association.
of a loral employee's association
were thoroughly explained to the
group, as well as legislation pend-
ing at the time. Also attending the
meeting were Carlton Nuhn, Pres-
ident of the H. R. S. H. Employees’
Association, Mary Belton, Treas-

urer, and Miss M. Manning, Sec-
retary. Mr. Livingstone, one of the
most active committee members of
the State Association, also ex-
plained the advantages of State-
wide affiliation.

‘The advantages
10

THE STATE EMPLOYEE

April

Legislative Report of 1938 Session

session of the Legislature, prescribes
a six day week for State employees
in the Department of Public Works
employed on the canals and bridges.
This group of employees has here-
tofore worked seven days every
week for nine months out of every
year, Although the law, by its
terms, is not effective until July 1,
1939, an appropriation has been pro-
vided in the supplemental budget
so that the six day week can be
inaugurated commencing July 1st
of this year.

CHAPTER 382
The Corning Bill

This law provides that no em-
‘ployee in the noncompetitive class
in the Mental Hygiene institutions,
who has worked for a period of six
months or more, may be dismissed
unless charges in writing are pre-
ferred against him and he has been
given a reasonable opportunity to
make an explanation in writing.
‘This bill affects over ten thousand
employees in the Mental Hygiene
institutions, many of whom have
made civil service a life work, who
heretofore had no civil service pro-
tection whatever and who could be
removed at any time with or with-
out cause and without explanation.
The law now gives to such employ-
ees the same protection that is ac-
corde” to employees in the competi-
tive class.

CHAPTER 580
The O’Brien-Piper Bill

This law authorizes group life
insurance for an association of civil
service employees having a mem-
bership in excess of 5,000. For over
a year the Association has been con-
sidering a group life insurance pol-
icy, but it was necessary to amend
the law in order to procure the type
of policy desired for the employees
of the State. Negotiations for such
a policy are now under way and we
hope this fall to be able to offer to
members of the Association a life
insurance policy in one of the big
life insurance companies at a cost
of approximately one-third the
amount an individual would have to
pay for ordinary life insurance.

Continued from Page 4

CHAPTER 498
The Feld-Newell Bill

This law amends the Feld-Hamil-
ton Law by adding two additional
grades in the General Administrative
Service so that the schedule for this
service will be the same as the
schedule in the Professional Serv-
ice, The top grade in the General
Administrative Service was former-
ly Grade 6 with a minimum of $6,-
700. Grades 7 and 8 have been add-
ed with a minimum of $8,500 and
$11,000 respectively.

CHAPTER 542
The Crawford-Newell Bill

This law provides that, when an
appointing officer makes applica-
tion for an open competitive ex-
amination to fill a position, he shall
state in writing the reasons why it
is impracticable to fill the position
by promotion and a notice of the
application for the examination shall
be posted in his department and in
the Department of Civil Service for
fifteen days before the request is
acted upon by the Commission.

This law is designed to give em-
ployees an opportunity to present
to the Commission facts tending to
show that the vacancy should be
filled by promotion instead of open
competitive examination. Under
the present practice employees rare-
ly know that an examination is to
be called until they read the an-
nouncement. It is then too late to
present the question because the
Commission has already made and
announced its ruling. This bill gives
employees reasonable opportunity
to present the facts to the Commis-
sion before its decision is made and
will go a long way, we believe,
toward solving the ever-present
problem as to whether vacancies
should be filled by promotion or by
open competitive examination.

CHAPTER 433
The Fischel-Babcock Bill
This law defines “continuous em-
ployment” under the Retirement
System to correct a ruling of the
comptroller which would deprive
an employee of the pension allow-
able for continuous service if he
were off the payroll for a week or

two because of illness or other
causes beyond his control.

Subdivision 3 of Section 61 of the
Civil Service Law specifies the
amount of pension that is allowable
when an employee is dismissed,
through no fault of his own, after
having twenty or twenty-five years
of “continuous employment.” Un-
der a ruling of the comptroller, an
absence from the payroll due to ill-
ness for a period as short as one
day constitutes an interruption of
“continuous employment” and bars
such employee from receiving the
retirement allowance specified for
continuous employment. This in-
terpretation would, for example, bar
hundreds of employees in the De-
partment of Public Works from the
benefits of this pension because
they received a “payless furlough” of
one month during the depression in
1932. This law corrects this situ-
ation by providing that time dur-
ing which a member was on leave
of absence without pay, or time
during which a member was on a
preferred list established under Sec-
tion 31 of the Civil Service Law,
shall not be deemed an interruption
of “continuous employment” al-
though such time is not counted in
determining the length of his to-
tal service.

CHAPTER 488
The Newell Bill
This bill renumbers two sections
of the Civil Service Law to correct
the confusion caused by the fact
that there are now three sections
having the same number, 31-b.
The Association also cooperated
in formulating, or endorsed and sup-
ported many of the following bills
that were enacted into laws:

CHAPTER 472

The Feld-Todd Bill
This law, which affects all the
trained nurses in the State service,
provides that any person now hold-
ing a license as a trained nurse may
exchange this license for a regis-
tered nurse’s license. When this
bill was before the Legislature last
year, no provision was made to per-
mit the 600 trained nurses in the
State to be admitted to the regis-

Continued on Page 12
April

THE STATE EMPLOYEE

Women’s Wear For Business

By Nellie Torrance, Skidmore College

Clothing selection for you as a
State worker depends in part on the
type of organization for which you
work and your position in it. Busi-
ness wants ¢lothing that fits into
the picture in a business-like way.
If you are a blue-eyed blonde who
looks lovely in turquoise blue, busi-
ness isn’t interested. You are not
dressing to flatter yourself in busi-
ness; you are dressing to become
part of the business, and wearing
turquoise is not “fitting into the pic-
ture in a business-like way.” In the
small office where there are few
employees, almost anything is per-
missible that is appropriate for
street wear. Silk prints for spring,
cotton dresses for hot summer, any
color that is becoming. The gen-
eral informality of the small office
carries over into dress. However,
in the large office where there is
greater formality, a more conserva-
tive type of clothing is appropriate.

If you are “at the top of the
heap,” greater liberties can be taken
in color range and cut of your gar-
ments, If you are in a lesser posi-
tion and anxious for promotion, be
conservative in dress. Wear black
or navy, relieved by white collars,
cuffs, necklaces, belts, flowers,
brooches and bracelets. These give
opportunities for a dash of “spice”
on an otherwise dull dress. The
“basic dress” is “tops” for those
who wish to dress conservatively.
It is cut simply. The neckline can
be worn with or without a collar.
On a hot day, a strand of beads
makes an interesting substitute for
acollar. A belt of the same mate-
rial as the Gress, is worn with the
garment, bu: it can be replaced by
a white one, or one of metal. Another
excellent garment for conservative
business wear is the man tailored suit
in navy, black or perhaps oxford
gray. Interesting white blouses,
decorated with lace, tucks or em-
broidery can give a “dash of spice”
to the man tailored suit.

This conservatism is apt to make
one feel that distinction is impos-
sible in business dress. That is
untrue. Distinction can come in
one’s grooming — interesting hais
arrangements; well kept, unusual
accessories, and the cut of the gar-
ment. Most important of all is to

keep white collars and cuffs daz-
zlingly white. Try the game of
making yourself look your best in
a conservative basic dress or man-
tailored suit, bearing in mind a
change of accessories and good
grooming. After a month, note the
impression your dress has made on
your business acquaintances and
friends. If the impression is favor-
able, strike the conservative note
daily in your business attire.

Napanoch Organizes

On April 11th, Executive Secre-
tary of the Association, Joseph D.
Lochner, visited an employees’ meet-
ing of the State Institution for De-
fective Delinquents at Napanoch,
N.Y. The advantages of State em-
ployee, State-wide organization were
discussed; and all legislation acted
upon by the Governor was explained
in detail. Employees attending the
meeting took part in an open dis-
cussion concerning the work and ac-
tivities and future program of the
State Association.

On the same date a Constitution
submitted by the Napanoch Insti-
tution Employees’ Association was
approved by the Executive Com-
mittee of Tine Association of State
Civil Service Employees, and the
Napanoch Association is now offi-
cially recognized as a Chapter of
the State organization. Officers of
the local Association are Joseph
Blackwell, President; Weston Ruth,
Vice President; Clarence Packman,
Secretary, and Bert P. Rohan,
Treasurer.

The Napanoch Chapter’s organ-
ization is developing rapidly, and it
is expected that eventually it will
represent a large proportion of the
employee population of the institu-
tion. This institution's employees
should appreciate the fine organiza-
tion work being done by the officers
and committeemen of the new local
association. A State-wide organ-
ization composed of Chapters of
the State Association throughout
the State located at Correctional
Institutions was discussed. Mr.
Lochner assured the gathering that
this would be the correct procedure
eventually, and at the appropriate
time, the State organization would
lend all facilities towards this end.

1
‘WALDORF for
Top Hat, White Tie and Tails
To Hire
NEW
TUXEDOS

$2.50

Complete with Dress

SEG $9.50

Dress Suits, Cutaways to Hire

Waldorf Tuxedo Co.

‘Mons Formal Wear Exclusively”

or iway
Phone 4.5011 Opp. Postoffice

Open till 6:80 — Later by Appointment

Get Your
Association Pins
50c Each
at Association Headquarters

Hundreds are already
being wom by
Association members

in the

De Witt Clinton
Qrcktail ounge

The“funspot”ofsmart
Albany. Alwaysa
good Hine rere: U ree

hours of smooth
music, dancing, so-
phisticated entertain-
ment. After shopping,
after work, before din-
ner...any day...COME
for a wonderful time.

4 to 7 EVERY afternoon
INCLUDING Sunday

12

THE STATE EMPLOYEE

April

Legislative Report of 1938 Session

tered nurse group except by exam-
ination. The Association objected
to the bill on this ground at a pub-
lic hearing last year and satisfac-
tory amendments were made so that
the Jaw in its present form prop-
erly protects the interests of the
trained nurse group.
CHAPTER 571
Fischel-Babcock Bill

This law provides that any mem-
ber of the Retirement System may,
upon request, be granted a hearing
before the Comptroller with respect
to any determination affecting his
retirement allowance, providing
such request is made within four
months after the determination
sought to be reviewed.

This is an important measure be-
cause, under the present practice,
there is no satisfactory method of
reviewing a determination by the
Comptroller in the courts. This
law prescribes the procedure where-
by determinations may be made and
reviewed in an orderly manner in
accordance with established legal
principles.

CHAPTER 512
The Page Bill

This Jaw liberalizes the provi-
sions of the Retirement System by
providing that the final average sal-
ary for retirement purposes shall
consist of the salary received dur-
ing any five consecutive years se-
lected by the employee. A similar
provision is now contained in the
Teachers’ Retirement System.

CHAPTER 407
The Fischel-Babcock Bill

This law provides that no deci-
sion of the State Industrial Board
shall be binding on the Comptrol-
ler or the Medical Board with ref-
erence to applications for accidental
disability retirement or accidental
death benefits.

CHAPTER 603
The Newell Bill

This law re-defines the meaning
of “State service” to correct the
confusion caused by the fact that
the former definition included coun-
ty employees.

CHAPTER 485
The Wadsworth Bill

This law provides that no civil

service commission shall bar any

Continued from Page 10

person, who is physically and men-
tally qualified, from competing in a
civil service examination by reason
of age. Under its provisions, mini-
mum age limits can be imposed only
for positions such as firemen, po-
licemen, prison guards or other po-
sitions which require extraordinary
physical effort. In approving this
measure, Governor Lehman said:
“The time has come for govern-
ment to encourage private busi-
ness to retain in its employ older
men and women. Government,
therefore, should set a generous
example to private business.”

CHAPTER 701
The McNaboe Bill
This law provides that no ap-
pointing officer shall be entitled to
require any civil service employee
to waive any rights he may have
acquired under the Civil Service
Law.
CHAPTER 359
The Fischel-Babcock Bill
This law provides that the con-
tributions to the Retirement System
on behalf of the employees of the
State Insurance Fund, the Unem-
ployment Insurance Fund and other
special or administrative funds, shall
be paid from such funds instead of
from the State budget.
CHAPTER 709
The Rogers Bill
This act gives Retirement Sys-
tem credit for members and em-
ployees of the Constitutional Con-
vention.
CHAPTER 693
The Coughlin Bill
This law gives Retirement Sys-
tem credit for service with the
American Expeditionary Forces
after the date of the Armistice and
prior to June 30, 1919.
CHAPTER 719
‘The Rapp Bill
This law permits state troopers to
retire at age sixty, on completion
of 25 years total service, with an
allowance of 1/50th of final average
salary for each year of service.
CHAPTER 692
The Feinberg Bill
This act gives pension credit for
military service to employees in the
Correction Department who are not

members of the State Retirement
System.

The McElroy-Ehrlich Bill spon-
sored by the Association, which
provided that employees of the De-
partment of Mental Hygiene should
be allowed sick leave to the extent
of fourteen days per year, cumu-
lative for two years, was vetoed by
Governor Lehman in a message
which reads in part as follows:

“The Budget Director has ad-
vised me that to carry out the
provisions of this bill would
cost approximately $400,000, an
amount which the State obviously
cannot afford at this time.

“Sick leave and the number of
days of sick leave that should be
granted to employees of the State
are matters which should not be
rigidly mandated by statute but
rather should be left to deter- _
mination of the administrative
branch of government. Only in
that way is it possible to adopt
programs which will be just and
equitable to all State employees.”
The Association is not com-

mitted to the policy of regulating
sick leave by statute. We are fully
in accord with Governor Lehman's
statement that sick leave should be
regulated by administrative rules
and President Brind has outlined
the position of the Association in
this respect in a letter to the Gov-
ernor, a copy of which is printed
elsewhere in this issue. Despite the
veto of this bill it is hoped that
some fair and equitable provision
for sick leave may be provided for
employees of the Mental Hygiene
institutions by action of the Gov-
ernor.

The Ostertag Bill, sponsored by
the Association for the purpose of
bringing employees of the Depart-
ment of Correction under the Feld-
Hamilton schedules, was also vetoed
by Governor Lehman, but his veto
message indicated that this purpose
might be accomplished at a later
date. He said:

“Last year, I approved the
measure which became Chapter
859 of the Laws of 1937 (The
Feld-Hamilton Law), which pro-
vided a salary plan for employees

Continued on Page 14
April THE STATE EMPLOYEE

13

Wassaic News

At a recent meeting of the Was-
saic State School Social Club, Louis
E. Watts, of the carpenter shop, was
elected to the position of President
for the year 1938. George J. Penfield
was chosen Vice President, Grace
Odell was elected Secretary and
Paul O. Becker was elected Treas-
urer, This institution has now af-
filated with tne Association of Em-
ployees of the Department of Men-
tal Hygiene.

Representative of the State Asso-
ciation at Wassaic State School,
Alice H. Murtagh, reports that
membership in the State Association
this year breaks all previous rec-
ords, Over 300 have already affili-
ated with the State-wide organiza-
tion for the year 1938, Mrs. Mur-
tagh is an exceptional active worker
on behalf of employee welfare. Fu-
ture prospects, in line with the ex-
pansion of the State Association
throughout the State, look toward
still greater membership response

- during the remainder of the Asso-
ciation year,

Joseph D. Lochner, Executive
Secretary of the State Association,
visited a meeting of employees of
the Wassaic State School, on Mon-
day evening, April 4th, and ex-
plained thoroughly the work and
activities of organized State em-
ployees, and legislation acted upon
by the Governor,

Special Committee

President Brind recently named

John Jahn, who is a member of Join or Renew
the Association’s Salary Committee,

and President of the Association of Your Membership
Highway Engineers, as Chairman

of a Special Committee to gather

data on State employees who may TODAY!

be employed on a per diem, monthly
or seasonal basis, to determine the
proper procedure to have these em-

ployees placed under the terms of
the Career Law. The remainder of
this committee has been left un-
named.

The Association is striving to con-
tact the various groups of employ-

UGLY HAIR
GET RID OF IT— BE LOVELY!

SARAH WHITE, Electrologist

42N. Pearl St., Albany Phone 4-5262

ees throughout the State employed

on such basis in order to secure the

No Warning!

All about us, in the newspapers, on
the radio, and through many other
communicative sources we hear of
sickness and accidents. Recently a
newspaper under the caption “1 in 10
Workers Ill Last Year,” stated:
“Sickness and accidents last year cut
their heaviest swath in industrial pay-
rolls in eight years, the Federal Pub-
lic Health Service disclosed today.
Nearly one of every ten industrial
workers lost cight or more day’s work
during the year by reason of illness or
injury, a survey of 185,044 in repre-
sentative plants showed. The ratio
was 99.7 per 1,000 workers, as com-
pared with 90.9 in 1936.”

Another recent newspaper clipping
appearing oa the same day read:
“Fifty-one Cooperstown, N, Y., High
School seniors, sightseeing in Wash-
ington were ordered home today by
the Board of Education, after it was
notified that two other members of
the group had contacted scarlet fever.”

Just what are you doing to protect
yourself against the extraordinary
medical, hospital and other expenses
connected with accident or sickness
disability. Lifetime savings are fre-
quently completely exhausted in dis-
ability periods during which additional
expenses are incurred, and especially
when your earned income ceases, as
is usual in extended disability periods.

The policy issued under the Asso-
ciation’s group plan, gives complete
and extensive coverage at cost of only
one-third to one-half of what the
same protection would cost if pur-
chased on an individual basis. Over
5,000 Association members are now
policyholders. Over $100,000.00 has
been paid in claims.

Investigate today into this fine serv-
ice being made available because of
your need for such protection, Write
to Associatior, headquarters, Room
156, State Capitol, Albany, or to Ter-
Bush & Powell, 423 State Street,
Schenectady, and the new booklet,
“HERE ARE THE FACTS,” which
thoroughly explains this group plan,
will be sent you.

proper personnel to complete the
remainder of the committee.
Groups of employees employed on
a per diem, monthly, or seasonal-
basis, who have not been affected
by the Career Law, should con-
tact Association Headquarters.

FURNITURE

4-5-6 CENTRAL AVENUE

RUGS and LINOLEUMS
FURNITURE RECONDITIONED

“Fine Merchandise at Fair Prices”

HELMES, INC.

DRAPERIES

ALBANY, N. Y.

14

THE STATE EMPLOYEE

April

Legislative Report of 1938 Session

not then covered by any existing
statutory provision, fixing the
amount of compensation. Ulti-
mately, it is my hope that all such
other salaries fixed by statute
should be merged with the gen-
eral State plan. This, however,

should not be accomplished in a

piecemeal manner, but rather as

the result of a general survey.”

The Nunan-Pease Bill bringing
forest rangers under the terms of
the Feld-Hamilton Law, was ve-
toed for the same reason, as were
other bills increasing the salaries
of prison guards, bedding inspectors
in the Labor Department and in-
spectors in the State Insurance
Fund.

Among the many other Civil
Service bills vetoed by Governor
Lehman were the following:

The McNaboe Bill, prohibiting
oral examinations. In vetoing this
bill, Governor Lehman said:

“It is manifest that oral exam-
inations or personal interview
tests are most helpful as a means
of determining the qualifications
of persons for very high adminis-
trative and executive positions
and as a means of deciding prop-
er promotions, There are some
factors which cannot be measured
solely by written examination.
ea

“While the purpose of the spon-
sor of this bill, namely to prevent
abuses which exist in oral exam-
inations has merit, this bill pro-
hibiting oral examination in all
cases is unsound.”

The McElroy Bill, permitting
veterans with twenty years of serv-
ice, to retire at one-half the high-
est salary received during that pe-
riod, was vetoed with the state-
ment:

“The cost of the benefits re-
quired by this bill is estimated by
the New York State Pension
Commission to involve a liability
to taxpayers, through additional
cost to the State and its munici-
palities, of approximately $150,-
000,000 in the aggregate, over the
next twenty years. The bill is
completely contrary to the prin-
ciples of a sound permanent re-
tirement or pension system.”

Continued from Page 12

Governor Lehman also vetoed,
with a three-page message, the
highly controversial McNaboe bill
which prohibited the employment
in the classified civil service of per-
sons advocating the overthrow of
government by force. He said, in
part:

“A demand for statutory enact-
ment such as this can come only
from a distrust of our democratic
processes, I have no such dis-
trust,

“My disapproval of this bill is
based upon my faith in democ-
racy. It is based upon my con-
ception of the American form of
government. Democracy means
freedom of the individual. De-
mocracy bestows upon its citizens
the guarantees and safeguards
emblazoned in our bill of rights.
Those who would stimulate dic-
tatorships can gain no ground if
we adhere to the principle of ex-
act equality to all and to the
maintenance of freedom of con-
science, of thought and of expres-
sion.

“The late
wrote

Justice Holmes

If there is any principle of
the constitution that more im-
peratively calls for attachment
than any other, it is the princi-
ple of free thought—not free
thought for those who agree
with us, but freedom for the
thought we hate’

“Though like the proponents of
the bill, I hate the doctrines which
they seek to combat through the
passage of this legislation, I can-
not, in good conscience, approve
a bill which in my opinion weak-
ens the ‘very foundation of con-
stitutional government’.”

Also vetoed were:

The McNaboe Bill, which at-
tempted to regulate the salaries and
working conditions of employees of
State and City Authorities.

The Howard Bill, which provided
that every appointing officer should
certify under oath that his failure to
appoint any applicant in exact nu-
merical order was not due to the
applicant’s race, color or creed.

The Berg Bill, providing that no
age limits shall be imposed upon

the veterans taking civil service ex-
aminations,

The Wojtkowiak Bill giving pen-
sion credit to any veterans who
might be employed by the Federal
Government within the State of New
York.

Governor Lehman vetoed the
Sherman Bill, which gave veterans
preference on preferred lists, with
the statement:

“It is conceivable that under
this bill a veteran who had been
in the service only six months
might be given preference over a
non-veteran employee who might
hhave been in the service twenty
years. It would be decidedly un-
fair thus to discriminate against
employees in the Civil Service
who have given long and faithful
service.”

The McNaboe Bill, which pro-
vided that a department head could,
for disciplinary reasons, suspend
an employee without pay for a pe-
riod not exceeding thirty days, was
vetoed, the Governor stating:

“Unfortunately, the bill pro-
vides for a hearing in case of sus-
pension, although no hearing is
required for the purpose of re-
moval. This would permit a
rather anomalous situation, An
employee could be removed with-
out a hearing but he could not be
suspended for thirty days unless
a hearing were held. In that re-
spect the bill is objectionable.”
Also vetoed, were the Murray

Bill, giving special preferences in
the pension system to veterans of
the Spanish American war; Crews
Bill, which prohibited the Civil
Service Commission from adopting
educational requirements for en-
trance to Civil Service examina-
tions; Sellmayer Bill, giving pen-
sion credit for service as a United
States Deputy Marshal or Collector
of Customs, and the Lupton Bill
giving similar credit for federal
service as Postmaster; Moran Bill,
providing that veterans shall not be
required to retire after reaching age
seventy; Babcock-Crawford Bill,
permitting retirement after thirty
years of service at half pay, and the
Feinberg Bill authorizing the pay-
Continued on Page 15

2

April THE STATE EMPLOYEE 15

Legislative Report Buffalo F. C. U.
Continued from Page 14 ' At jee anual election i Tame Central Avenue

ment of a pension to widows 0! ary, the following officers and com- .

prison guards, mittees were elected to serve the Delicatessen and Lunch
Among the bills which failed to Buffalo Staie Employees’ Federal Moved from

pass the Legislature were the fol- Credit Union during 1938: Presi-

lowing: dent, Fred C. McCall; Vice Presi- 149 to 67 CENTRAL AVE.
The Nunan-Fitzpatrick Bill per- dent, F. Leo Clarke; Treasurer, To a New Modern Store

mitting employees who are mem-
bers of the Mental Hygiene Retire-
ment System to transfer to the State
Employees Retirement System.
This bill passed the Senate but
failed to pass the Assembly.

The Fite Bills authorizing the
restoration of time service, liberal-
izing the requirements with refer-
ence to commutation and providing
that no employee in the Mental Hy-
giene institutions, who is permitted
to live outside the institution, should
be required to take more than one
meal a day in the institution.

Cheney-Kreinheider Bill which
sets up the “drop-back” seniority
rule, similar to that in effect on
the railroads and elsewhere, by pro-
viding that when a position is abol-
ished the incumbent shall, instead
of being suspended, be demoted to
a position from which he had been
previously promoted.

McNaboe Bill, providing for a
hearing and review in the courts
for all employees in the competi-
tive, noncompetitive and labor classes,
against whom charges of misconduct
are preferred,

McNaboe Bill extending senior-
ity rule to cover employees in the
noncompetitive and labor classes.

Crawford Bills, providing for re-
tirement at age 55, and accidental
death benefit equal to one year’s
salary.

Numerous bills providing for a
five-day week.

The Kleinfeld-Howard Bill in-

creasing the salaries of all employ-
ees now receiving less than the
minimums established under the
terms of the Feld-Hamilton sched-
ules.
The Desmond Bills, providing for
in-service training of all Civil Serv-
ice employees, prescribing gradu-
ated fees for Civil Service exam-
inations, prohibiting any Civil Serv-
ice Commissioner from holding of-
fice in a political club or party, and
providing for compulsory retire-
ment at age seventy; the Berg Bill’
giving veterans preference in reten-
tion when positions are abolished
for lack of work or lack of funds.

Wm. E. McKernan; Clerk, Michael

F. Seereiter, and Director, Eugene From a Sandwich to ¢ Meal

M. Burke. Large Seating Capacity
The Credit Committee elected —

were Elmer G. E, Youngman, Mrs. Our Delicatessen Counter offers a

Mary E. Herbster and Harry C. variety of smoked meat and fish,

Dupree, and the Supervisory Com- all salads and all beverages

mittee, John C. Keating, Mrs, Elsie
C. Shoenwetter and Sanford Ulrich.

Tel, 9-942
The steady growth of the Credit . ;
Union is shown in the following re- | One Block Below Old Location
port submitted by Mr. Seereiter: Nice Atmosphere
Share Bal, 1936 1937,
Dec. 31.. $6152.30 $7,599.37
Loans Bal., .
Dec. 31.. $4,702.30 $4,680.82 Two-Hour Service
Ne a 15% Discount to State Employees
aaa 14s 270 on All Purchases

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