The Public Sector, 1979 February 21

Official Publication of The Civil Service Employees Association

Ruble
. SSECTOR

Vol. 1, No. 21 (ISSN 0164 9949) Wednesday, February 21, 1979

Fixed costs drain CSEA revenue

UTICA — CSEA President
William L. McGowan’s Advisory
Committee on Dues last week
carried its message to leaders of
Region V for the Committee's
proposal of a one percent dues
structure to solve the union’s finan-
cial problems.

Region V President James
Moore endorsed the proposed new
dues structure during the meeting
last week of the Committee with
Local Presidents in the Region. It
was the fourth in a series of infor-
mational sessions being held by the
Committee across the state with
local presidents, who take the in-
formation gained at the meeting
back to their local membership.
President McGowan, Statewide
Treasurer F. John Gallagher,
CSEA Executive Director Joseph

Dolan, and other union officials
also attended the meeting.

Breaking the financial problems
confronting the union down to a
“per member” basis, Committee
Chairman Howard Cropsey pointed
to the declining funds to operate
the union after “‘fixed obligations”
are deducted from the present flat
dues structure. Unless action is
taken now, the Chairman noted, the
current fiscal crisis could quickly
become a fiscal disaster.

Of the $58.50 that each CSEA
member pays annually in dues
now, only a portion actually is
available to operate the union’s
major services such as Legal
Assistance, representation ser-
vices, negotiations, professional
staff, ete. Deductions are first
made from gross dues revenue to

meet costs mandated by the
Statewide Delegates, such as Local
rebates, Regional rebates,
Political Action Fund, and the un-
ion Contingency Fund.

Additionally, other obligations
that are met with gross dues in-
clude large contractual obligations
such as the union publication and
the increasing cost of per capita
payments to AFSCME for af-
filiation.

The services that most people
associate with union membership,
such as legal help for grievances
and disciplinary proceedings, field
services from professional labor
relations experts, regional and
satellite offices, communications,
data processing, union meetings
and workshops, etc., are funded
after the obligations are met from

gross revenues. The net revenues
remaining make up the funds that
pay the operating expenses.

The fundamental problem con-
fronting the union is that the net
revenues after obligations are
shrinking and in the next year,
there will be no net revenues on
which to operate the union. With
the available funds to operate the
union rapidly shrinking and the
demands for services and, the
resultant costs rapidly increasing,
the union is caught in a financial
Squeeze that is beginning to
strarigle its services.

Chairman Cropsey and the Ad-
visory Committee reported on
their conclusion that the only
solution to this threat is a change in
the structure of the union’s dues to
one percent of base salary.

Election dispute
in highest court

ALBANY — The state’s highest court last week
denied an attempt by the Public Employees Federation
(PEF) to vacate a lower court order which maintains
CSEA as the exclusive bargaining representative of the
state’s Professional, Scientific, and Technical Unit.

The continuation of the stay was ordered by the State
Court of Appeals when it granted motions to hear an
appeal of a earlier decision by the Appellate Division of
State Supreme Court directing PERB to conduct a
thorough investigation of CSEA allegations of fraud by
PEF in the showing of interest leading to the April 12,
1978 representation election.

The action by the state’s highest court means that
the dispute now moves before the Court of Appeals which
will take legal briefs from all sides to the dispute later
this month and hear oral arguments from the parties on
March 20.

Last month the Appellate Division of State Supreme
Court ordered PERB to inspect cards submitted by PEF
as part of a showing of interest to force the election, for
forgeries. CSEA had argued before PERB that sworn
testimony by a former PEF employee concerning
forgeries was grounds for a thorough inspection of the
cards by a handwriting expert.

However, PERB decided not to investigate for
forgeries as directed by the Appellate Division but to
appeal instead. CSEA President William L. McGowan
blasted PERB for actively attempting to avoid an in-
vestigation ordered by a court to certify the integrity of a
union election. “3

CSEA asked the Court of Appeals not to hear the
appeal since the fastest way to resolve the issue would be
to check the cards. But additionally, CSEA asked that if
the Court of Appeals did decide to hear the appeal of the
inspection order, that it also hear CSEA’s appeal of the
Appellate Division’s ruling that the state had not in-
terfered in the election. The court agreed-to hear all
elements of the case.

By Dawn LePore

center’s Admission Department.

Marguerite Saunders, Deputy

abusers.”"

LOCAL

GOVERNMENT

REPORT

Some words on coming union election

All odd numbered years produce a
confusing number of elections in
CSEA. 1979, while. the start of a new
era in this matter, will still be a dif-
ficult one in terms of the number of
elections to be held.

Essentially, CSEA is a four tiered
organization; state or central level,
located at 33 Elk Street, Albany; six
regions, commonly called Long
Island, New York City, Southern,
“Capital, Central and Western; then

Sen. Johnson:

BUFFALO — The conference room at the
Masten Park Community Treatment Center was
filled to the brim recently with co-workers and!
friends and a cake even wider than all their best
wishes as Hattie Martin accepted her award

Mrs. Martin, an employee at Masten Park
since 1971, was being honored with the 1978
Director's Award for her exemplary work in the

Citing Mrs. Martin in a letter addressed to her,

Treatment and Rehabilitation for the state’s
Division of Substance Abuse Services, said:
“Your outstanding dedication and efforts in
completion of your normal functions as
secretary in the Admissions Unit and your extra-
ordinary concern, involvement and interest in
the welfare of the clients, your professional at-
titude and your invaluable assistance in assum-
ing tasks not within the structure of your job
title, are exemplary and commendable. In the
normal work day world it is often forgotten that
the contributions of an individual such as you are
necessary to the success of any venture, es-
pecially in dealing in the sensitive area of ad-
mission of often dysfunctional substance

Although Mrs. Martin’s actual job title is Dic-

Masten Park worker

Director for

fills

A BEAMING HATTIE MARTIN holds bouquet
of flowers while her children, Kémeny and
Kendra, hold awards presented to Mrs. Martin

taphone Machine Transcriber, her co-workers
who nominated her for the award said she also
in for substance abuse treatment
specialists, coordinating admissions and dis-
charges, and often supervises visits of relatives,

“Local Government Report”’ will appear regularly in “The Public Sect
Lazarony, chairman of the Civil Service Employees Assn. County Di
CSEA members in general and employees of local government jurisdictions in part

Buffalo.

honored

as recipient of the 1978 Director’s Award at the
Masten Park Community Treatment Center in

attorneys and parole officers, as well as. main-
taining records for the entire admissions unit.

Mrs. Martin has received several letters of
commendation in past years for her service to
Masten ‘Park.

OU TBRE TE  ST

7

.”’ The column is prepared and edited by Joseph
ion, and contains information of interest for all

ular. Comments and questions per-

taining to this column may be addressed to Mr. Lazarony c/o ‘The Public Sector.”
¢

comes Locals, formerly known as
chapters; and, finally, in some Locals
(usually local government Locals)
there are units.

Each of these tiers (state, region,
Local and unit) elects its own officers
from the membership involyed. What
usually occurs is the first three levels
elect on the same year, and at about
the same time.

This means about fifteen elected of-
fices to be filled, each with a

High priority

for agency shop legislation

ALBANY — Agency shop
legislation will receive a high priority
in the State Senate Standing Com-
mittee on Civil Service and Pensions,
its chairman, State Senator Owen H.
Johnson, told The Public Sector last
week.

Making reference to agency shop,
Johnson said while a bill can be kept
in committee by the chairman, it
would not be *‘if the leadership wants
it out.”

He was not optimistic about retiree
pensions being linked to cost of living.
“Everyone agrees retirees need an in-
crease,” he did say.

Johnson said he had received a
letter from a retiree who had not had
a pension increase in 20 years.

He said the problem involved the
amount of money needed to fund a
pension increase.

While there has been mention in the
news media of proposed civil service

reforms, Johnson said his committee
had not yet seen a bill.

Johnson, echoing the words of
AFSCME International President
Jerry Wurf when he addressed the
CSEA Legislative Seminar on Feb. 10,
said a ‘“‘strong undercurrent’’ of
Proposition 13 sentiment is an anti-
public employee position. ‘Many peo-
ple tie them together,” he said.

He also categorized his committee
as being in general supportive of
public employees. He termed the
minority Democrats as being ‘‘sup-
portive’’ and the majority
Republicans as being ‘‘fairly suppor-
tive.”

Johnson, a  Republican-
Conservative whose district includes
parts of Nassau and Suffolk counties,
stated non-commital positions on
Civil Service Reform, Triboro and
OSHA legislation.

Page 2

THE PUBLIC SECTOR, Wednesday, February 21,1979 _

minimum of two candidates. All
ballots go out usually during May. The
result is confusing and goes a long
way towards explaining our relatively
poor record in ballots cast.

At our convention last October, the
delegates took a major step forward
to-correct this difficulty. In the 1979
election, state officers will be
elected for a term of three years.
‘Thus, in 1981, only regional and Local
elections will occur. At that time
(1981) the regional officers will be
elected for three year terms. In 1983,
only Local elections will occur.

Thus, in 1982 we will elect only
statewide officers, in 1983 only Local
officers and in 1984 only regional of-
ficers.

Besides alleviating the current con-
fusion of too many elections at once,
other benefits occur. Candidates will
have a better chance to campaign,
key issues applicable to each level
can be more clearly debated, and
hopefully far more members will feel
comfortable about voting.

Nothing we do more accurately
describes the ‘‘CSEA way”’ than these
open elections. It is our best means of
ensuring genuine membership control
of our union, If nothing else results
from this constitutional revision, in-
creased membership participating in
all elections would make the change
worthwhile.

Local government sections are still
faced with two problems. First,
should unit level terms of office be in-
creased to three years?

Second, should unit elections be

Joseph Lazarony
County Division Chairman

moved (perhaps to the Fall) to avoid
duplication with one of the other
groups?

Unit elections are vital. Often it is
these officers that negotiate con-
tracts, handle grievances and do most
of the day to day ‘'things’’ unions are
concerned with.

Your views on these questions
(term of office and time of election)
regarding units would be appreciated
Write this column, care of The Public
Sector. All suggestions will be
forwarded to the proper committee.

One last point — this newspaper,
The Public Sector, will of course
make every effort to identify can-
didates for the 1979 elections. I urge
each of you to read, to listen and to
vote in every instance you are eligible
to do so. CSEA is exactly as effective
as you make us. .. . See you soon.

center, who

mediated the long-standing contract dispute. School Board Atty. Arthur J.

Doran Jr. is at right.

~ Yonkers school employees vote
ratification of new

YONKERS — Members of the
Yonkers Non-Teaching Unit of the
Civil Service Employees

Association’s Westchester County
Local 860 have overwhelmingly
ratified a new three-year
agreement with the Yonkers Board
of Education after more than seven

months of negotiations.

The agreement calls for 12-
month workers to immediately
receive $500, 10-month workers to
receive $400 and hourly employees
will receive $300. In addition,
employees will receive in-
crements, if applicable, retroac-
tive to Jan. 1, 1979; on July 1, 1979,
they will receive a 3% salary in-
crease; on Jan. 1, 1980, 3% plus in-
crements, if applicable; on July 1,
1980, 3%; and on Jan. 1, 1981, 3%
plus increments, if applicable. The
contract expires on June 30, 1981.

The employees ratified the
agreement (February 8) at two
meetings held for day and evening
shift workers, and the Yonkers
Board of Education ratified the
agreement that same evening.

Joseph O’Connor, CSEA Region
III Field Representative, was chief
negotiator for the contract. The
unit’s negotiating team was com-

CSEA YONKERS NEGOTIATING TEAM
— After seven months of intense bargaining,
they initial a tentative agreement later
ratified overwhelmingly. CSEA Field
Representative and chief negotiator Joseph
O'Connor, seated, watches Unit President
Kathleen McDonnell sign. Others members
of the negotiating team, standing from left,
are Vincent DiNino, Mary DeSantis, Bar-
bara Rosengraft and Irene Bruno.

prised of Kathleen McDonnell,
CSEA unit president, Mary DeSan-
tis, Irene Bruno, Barbara
Rosengraft, Vincent DiNino, and
Michael Moravsky.

Ms. McDonnell said that she
thought the settlement “was a fair
one in view of the bad fiscal shape
of the City of Yonkers which funds
the Board of Education and we’re
pleased that we were able to retain
all of our benefits.”

James J. Lennon, president of
CSEA Region III, said, “I was ex-
tremely concerned with the long
negotiations and pleased that the
difficult talks had been resolved in
a manner satisfactory to the unit
membership. I would like to extend

o

$1,575 grievance won

BUFFALO — A worker at Roswell Park Memorial Institute who filed
for workers’ compensation leave with pay benefits under provisions of
Article 10.9 of the Administrative Unit Contract will receive $1575 under
terms of an agreement reached between the State Health Department
and the Civil Service Employees Assn.

The settlemerit was made prior to arbitration for Miss Jamelah
Ramadhan of Buffalo who filed for workers’ compensation on a claim

that an illness which disabled her for more than a-year

was work related.

While the claim, which was disputed by the Health Department, was
pending, Miss Ramadhan filed the grievance for the workers’ compen-
sation leave with pay benefits under the contract between CSEA and the
State. The grievance was denied at the first two steps.

Subsequently, the Workers Compensation Board reimbursed Roswell
for sick leave paid her, and she was also restored leave credits.

contract

my congratulations to Ms. Mc-
Donnell, the members of her
negotiating team and the unit of-
ficers for their solidarity and
dedication throughout the long ef-
fort and to Joe O’Connor for the
professional manner in which he
handled this very difficult problem
with the Yonkers Board of
Education.”

Mr. Lennon said, ‘‘This is
another situation where patience
and understanding by both the
union and the Yonkers Board of
Education achieved resolvement of
a difficult situation. The efforts of
the mediator, Dr. Joel Douglas,
deserves considerable mention for
his assistance to both sides.’’

te
oe

Nassau hearing off

MINEOLA — A scheduled
legislative hearing by the Nassau
County Legislature took an unex-
pected turn at press time when the
legislative committee announced it
had discovered more funds in the
county budget that could be applied to
contract negotiations between the
county and Nassau County CSEA
Local 830.

As a result, the legislative hearing
was discontinued and the Nassau
County Executive was directed to
resume negotiations with CSEA.
Reportedly, an additional $5 million
to $7 million has been made available
for renewed contract talks.

Arbitration
victory at
Hutchings

SYRACUSE — In a decision handed
down by the American Arbitration
Association a. Mental Hygiene
Therapy Aide has been reinstated to
his position as MHTA at Hutchings
Psychiatric Center, with back pay
and all attendant benefits from
September 6, 1978.

The individual had been suspended
‘without pay and charged with failing
to cooperate in an official in-
vestigation of alleged patient abuse
and impeding said investigation

In his decision, dated December 7,
1978, William Babiskin, AAA Ar-
bitrator, found the grievant guilty of
the charge of failing to cooperate as
set forth in the Notice of Discipline,
but dismissed all other charges. While
the Arbitrator proposed that the
penalty of termination was in-
appropriate, he did indicate that the
employer (State of New York Office
of Mental Health) may issue a written
reprimand for the grievant's failure
to cooperate. The MHTA was also
directed to submit a complete written
statement concerning the alleged
patient abuse no later than five (5)
working days from the date he receiv-
ed a copy of the AAA Award.

Nomination deadline

BUFFALO — The CSEA Region
VI Nominating Committee has ad-
vised that Request to be a Can-
didate forms for regional offices
may be obtained from CSEA
regional headquarters, 4245 Union
Road, Cheektowaga, N.Y. 14225.
According to Mrs. Jerry Frieday,
chairperson of the regional com-
mittee, applications must be
returned to the region office not
later than March 16, 1979. Positions
include president, first, second and
third vice presidents, secretary,
and treasurer.

Civil Service
makes changes

The following rotational
assignments have been announced
within the State Department of Civil
Service.

John Wilson will assume the duties
of Director of Examinations and
Staffing Services. Charles Wolz, the
present Director, will undertake a
special assignment to search out and
pursue potential grant funds from
State and Federal sources and foun-
dations.

Robert Parrish will assume the
duties of Assistant Director for
Testing Services. Donald Hoyt, the
present Assistant Director, will un-
dertake a special project to develop
and improve the capabilities of local
civil service commissions to conduct
their own oral examinations.

Marylu Satterfield will assume the
duties of Assistant Director for Staff-
ing Services, now held by John
Wilson.

James Sever will take Ms. Satter-
field’s place, serving as Chief of Staff-
ing Services Section III.

THE PUBLIC SECTOR, Wednesday, February 21, 1979

Page 3

Region meeting
in Syracuse set

SYRACUSE — The CSEA Central
Region V Conference on March 9-11
will be used to hopefully ‘“‘get our
positions on the issues unified’’ for the
March 11-13 delegates meeting in
Albany, Region V President James
Moore reported

Other events at the conference will
include a training session for non-
instructional school employees on un-
employment insurance hearings, and
discussions on duty of fair represen-
tation and on election procedures

The election procedures will be ex-
plained by Bernard Schmahl,
chairman of the CSEA Election
Procedures Committee.

REGION 1 — Long Island Region

(516) 691-1170
Irving Flaumenbaum, President
Ed Cleary, Regional Director

REGION 2 — Metro Region
(212) 962-3090

Solomon Bendet, President ~

George Bispham, Regional Director

REGION 3 — Southern Region
(914) 896-8180

James Lennon, President

Thomas Luposello, Regional Direc-

tor

REGION 4 — Capital Region
(518) 489-5424

Joseph McDermott, President

John Corcoran, Regional Director

REGION 5 — Central Region

P79 LEGISLATIVE PLAN

— 7

“MAYBE IT'S A BICYCLE - BUILT- FOR -TWO,
BUT I THINK IT NEEDS SOME ADJUSTMENTS.”

How to address lawmakers

Effective legislative and political action in support of positions sponsored
by the union often times depends upon the participation of the membership in
contacting their lawmaker or legislator. Knowing how to address the cor-
respondence and how to begin the letter is important.

The following guide on how to address your lawmaker was distributed by
CSEA during its recent Legislative Seminar in Albany.

Published article

TORONTO, Canada — Dr.
Gerald Alperstein, associate
editor of The Public Sector, has
written an article which is being

ished in the March issue of TITLE ADDRESS SALUTATION
(315) 422-2319 poets i a re President of the ‘The President sir
James Moore, President Canada’s national news media United States ‘The White House Mr. President
Frank Martello. i i magazine, Content. Washington, D.C, 20500 Dear Mr. President
ello, Regional Director Th el SERB ERALI
+ e article, “Is that Pol c- Vice President ‘The Honorable —___ Sir
REGION 6 — Western Region curate?!" is concerned withthe ‘The Vice President of the U.S. Mr. Vice President

(716) 634-3540 Washington, D.C. 20500 Dear Mr, Vice President

use of political public opinion

Robert Lattimer, President r Cabinet Officer ‘The Honorable sir
a : polls by newspapers. Secrataty Dear Sir

Lee Frank, Regional Director Aiacesd Bear Mrsgecretary

Senator The Honorable ____ Sir
KEEP CSEA INFORMED ON MAILING ADDRESS United States Senate Dear Senator
Washington, D.C, 20510
In the event that you change your mailing address, please fill out the below form and send

Congressman/woman The Honorable sir

to:

CSEA, Inc., P.O. Box 125, Capitol Station, Albany, New York, 12224
This form is also available from local presidents for CSEA members, but is reproduced here
for convenience. It is to be used only by those CSEA members or agency shop payors who

U.S. House of Represenatives
Washington, D.C. 20515,

Dear Congressman/woman

4 I d Jil fy ‘ State Senator The Honorable _ Sir
are currently employed as civil service workers or by those retirees who are paying full Slate Senator ‘Dear Sensor
active membership dues. Address
é ' .
Change of Address for ‘The Public Sector Sisto Assernbiorien/ > The Hlomaiabve sir
My present label reads exactly as shown here woman State Assemblyman/woman Dear Assemblyman/woman
Y Address
Narie bec Dana Governor ‘The Honorable _ Dear Governor
Governor, State of
Street Address
City State ip Mayor His (or her) Honor Dear Mayor
The Mayor
MY NEW ADDRESS IS: Address
ae County Executive Mr, —__ Dear Mr
reel =. County Executive
Address
city ie Stote Zip
County Legislator The Honorable —___ Dear Assemblyman/woman
Agency where employed Membenof Assgmbly
ety Laid = SR tee = Fig Address
‘My social security no. — ‘Agency No. Councilman Councilman —___ Dear Councilman — __

3

Official publication of

The Public Sector (445010) is published
every Wednesday except January 3, July
4, August 8 and November 28, 1979, for $5
by the Civil Service Employees
Association, 33 Elk Street, Albany, New
York, 12224

Public
SECTO!

Published every Wednesday by Clarity Publishing, Inc
Publication Office, 75 Champlain Street, Albany, N.Y. 12204 (518) 465-4591

Thomas A. Clemente—Publisher

The Civil Service
Employees Association
33 Elk Street,

Albany, New York 12224

eR 4

Roger A. Cole—Executive Editor
Dr. Gerald Alperstein—Associate Editor
Oscar D. Barker—Associate Editor
Deborah Cassidy—Staff Writer

Dawn LePore—Staff Writer 12204
John L, Murphy—Staff Writer i

Liz Carver—Staff Writer
Arden D. Lawand—Graphic Design
Dennis C. Mullahy—Production Coordinator

Second Class Postage paid at Post Of-
fice, Albany, New York

Send address changes to The Public Sec-
tor, 33 Elk Street, Albany, New York

Publication office, 75 Champlain Street,
Albany, New York, 12204. Single copy
Price 25

Page, 4

THE PUBLIC. SECTOR, Wednesday, February.'21,°1979

©) Pubic
SECTOR

A special 4-page comprehensive report on the legislative and political action programs of
The Civil Service Employees Association on behalf of its members.

A message
from the president

Dear Brothers and Sisters:
The sole purpose for the existence of the

protect the vital interests of our rank and file
membership. This fact has naturally led us
to a leadership role in the area of legislative
action.

: ne ot Lif —
AFSCME INTERNATIONAL PRESIDENT JERRY WURF addresses the nearly 300 people
attending CSEA’s Legislative Seminar February 10 in Albany. Listening at right is Martin

|
| Civil Service Employees Association is to

As you know, some of the most glaring in-
equities that public employees face in our
state can be changed only through legisia-
tion, Our members have been second-class
citizens ever since the 1967 enactment of
the Taylor Law, which outlaws, for public
employees, the most basic right of all other
workers — the right to strike, Also, injustices
within the Taylor.Law itself, such as exces-
sively harsh penalties for the workers and
virtual carte blanche for management,
must be changed by action of the state
legislature. In addition, improvements in
such areas as pensions and occupational
safety and health are all in the hands of
legislators elected by you and me. That is
why CSEA has become one of the strongest
forces in the labor movement, lobbying for
and against hundreds of bills each year
that affect the lives of public employees in
New York State.

In future years, CSEA will continue to lead
the way in initiating laws that are beneficial
to public employees, and to be a legisia-
tive watchdog for our members’ interests.
After all, that is the whole reason for our
existence

Fraternally,

UD phaser ZC oaian-

William L. McGowan

REPRESENTATIVES FROM SARATOGA COUNTY
CSEA LOCAL 846 attending the Legislative Seminar
included, from left, Local President John Miller,
Donna Woodcock, and Local 846 Political Action
Chairman William McTygue.

19

ALBANY — The CSEA Legislative Seminar
on Feb. 10 in Albany was a huge success, ac-
cording to CSEA Legislative and Political
Action Director Bernard Ryan.

Almost 300 persons attended, including
approximately 250 union members. The all-
day session was held at Rockefeller Mall.

In addition to the valuable information
received by the members, two members
provided suggestions which could eventually
be considered for proposed legislation.

CSEA Attorney James Featherstonhaugh,
who chaired a meeting on Civil Service
reform, said Tony Barns of Schenectady
Social Services suggested state and local
governments be required to file a fiscal im-
pact statement for contracting out to show
how much additinal cost or cost savings would
occur from the contracting out.

CSEA Attorney Stephen Wiley, who chaired
a meeting on school district legislation, said a
member from Yonkers suggested the State be
required to pay the entire cost of education
and transportation of handicapped children.

The reason for the suggestion was the high
cost local school districts incur by providing
those services with only partial reim-
bursement, Wiley said.

Other meetings were chaired by CSEA At-
torney James Roemer, Taylor Law
legislation; CSEA Attorney Richard Burstein,
local government legislation; CSEA Attorney
Pauline Rogers, mental hygiene legislation;
and Ryan, retiree legislation.

After an opening address by Martin Langer,
chairman of the CSEA Statewide Legislative

Langer, Chairman of CSEA’s Statewide Political Action Committee.

Seminar huge success

and Political Action Committee, and the six
morning meetings, luncheon speeches were
given by CSEA President William L.
McGowan, AFSCME International President
Jerry Wurf, Public Employee Conference
Chairman Barry Feinstein of the Inter-
national Brotherhood of Teamsters; and
Meyer Frucher, Director of the State Office of
Employee Relations.

The afternoon meetings included talks on
the purpose of the legislative program by
Ryan and on the strategy of the program by
Featherstonhaugh, the union’s chief lobbyist.

Ryan explained that unlike private sector
unions which do their bidding through labor-
management negotiations, CSEA must also
deal with the State Legislature.

He warned the union members to be wary of
so-called civil service reforms. ‘When you
hear ‘reform’ we are in trouble,” he said.

He called on every unit and Local to have a
legislative and political action committee.

Featherstonhaugh explained that CSEA and
other public employee unions are lobbying in
competition with opposing lobbying groups,
such as the Empire State Chamber of
Commerce, the State School Boards
Association and other government groups.

He said 16 Initiative and Referendum (I&R)
bills had been introduced in the Legislature.
T&R is the first step to Proposition 13.

Members who attended received infor-
mation on how to conduct lobbying on the local
level and were provided with copies of The
CSEA Legislative Report 1979 for distribution
to other CSEA members.

THE! PUBLIC. SECTOR, Wednesday, February.'21, 1979

Page’

TWO KEY LABOR-MANAGEMENT PEOPLE in New York State listen attentively toa
presentation during CSEA Legislative Seminar. Meyer Frucher, left, Director of the
State Office of Employee Relations, and CSEA Statewide President William L.
McGowan both also gave presentations during the program.

-1979 legislative proposals

4. AGENCY SHOP EXTENDER

The 1977 agency shop legislation is due to expire in
September, 1979. This bill will make it permanent and
mandatory upon the political subdivisions.

2. OSHA

State and local government employees are pre-
sently the only employees in New York State who do
not benefit from a program designed to make the
work place safe. This bill woula mandate minimum
health and safety standards for public employees no
less than those promulgated pursuant to the Occu-
pational Safety and Health Act of 1970

3. TWO-FOR-ONE ELIMINATION

Public employees determined to have been on strike
are fined two days pay for every strike day This bill
will eliminate the second day's penalty.

4. INJUNCTIVE NOTICE

The Taylor Law presently allows the issuance of a tem-
porary restraining order against a strike. The violation
of such orders may result in fines and jail terms. This
bill would give unions and employees the right to
notice and an opportunity to be heard before the
issuance of a temporary restraining order.

5. PRESUMPTION OF ARBITRABILITY

The Liverpool case recently decided by the Court of
Appeals unduly restricts the arbitration of contract
disputes under the Taylor Law. In the field of arbitra-
tion there is generally a presumption that the parties
agreed to arbitrate a contractual difference. This bill
would restore the presumption of arbitrability for
N.Y.S. public employees which disappeared be-
cause of Liverpool

6. LIMITED RIGHT TO STRIKE

This proposal would re-define the term “strike” as it is
used in the Taylor Law to mean a stoppage of work
which threatens irreparable injury to the public
health, safety and welfare. Such strikes would remain
illegal

7. TAYLOR LAW STRIKE
NOTICE LIMITATION

Where a strike is alleged to have occurred, the em-
ployees would have to be served with a notice of vio-
lation within the first 40 days of the alleged strike, so
that a defense can be prepared.

Albany.

candidates last year.

caution, said:

dungeons.”’

8. LEGISLATIVE ENACTMENT
OF TRIBOROUGH

The New York State Court of Appeals has recently
overruled the Triborough doctrine, which required
that the terms of an expired collective bargaining
agreement be continued until a new agreement is
negotiated. This bill would make it an improper em-
ployer practice to refuse to continue such terms.

9. RE-DEFINE DAILY RATE OF PAY

When an employee is determined to have been on
strike, the employer deducts twice his daily rate of
pay. In fact, the penalty is even more severe, be-
cause the employee is required to pay tax on the
second day's pay. This bill would limit the fine of the
second day to the net amount received, after taxes,
for that day.

40. ALLOW POLITICAL SUBDIVISIONS
TO NEGOTIATE ALTERNATIVE
DISCIPLINARY PROCEDURES

The Public Employment Relations Board has recently
held that Civil Service Law allows the negotiation of
alternate or supplemental disciplinary procedures
only on behalf of employees of the State, While this
holding has been reversed by the Court, the question
is still being litigated. This bill would make it clear that
unions and political subdivision employers may, if
they desire, agree upon a different disciplinary pro-
cedure.

44. EXTENSION OF SUPPLEMENTATION
TO 1969, 1970, and 1974 RETIREES

In 1977, the legislature increased the existing pension
supplements for public employees who retired be-
fore April 1, 1969 by an amount varying between 14
and 25 percent. That increase is temporary, and
must be renewed. This bill would renew that increase
and extend its benefits to those who retired before
January 4, 1972. It would also increase the amount of
such supplements to reflect increases in the cost of
living during the past year

42. PERMANENT COST OF LIVING
INCREASE BASED UPON CONSUMER
PRICE INDEX

Retired public employees’ pensions are dissipated
by inflation. This proposal would make permanent
the previous percentage supplements. It would,
commencing in 1980, give all retirees an increase in

the retirement allowance based upon increases in
the cost of living for the previous year

Page 6

THE PUBLIC SECTOR, Wednesday, February 21, 1979

McGowan:

‘Think political fiction!’

ALBANY — ‘‘Any legislator who
will not help us will not get a penny
from us,’ declared William L.
McGowan, president of CSA, at the
'CSEA Legislative Seminar Feb. 10 in

McGowan was speaking of the
union’s highly successful legislative
and political action program which
helped elect a number of legislative

He was one of three major labor
leaders to address the almost 300 per-
sons attending the seminar. The
others were AFSCME International
President Jerry Wurf and Public
Employee Conference Chairman
Barry Feinstein of Local 237 Inter-
national Brotherhood of Teamsters.

McGowan, sounding a note of
“We can't have
everything, but we can’t be in the

He said he was ‘‘very happy that
CSEA has access to the governor's of-
fice,’’ which is another result of the
legislative and political action
program.

The combined strength of CSEA,
AFSCME District Council 37 and
AFSCME New York State — 400,000
members — can be an extremely
powerful political force in the state,
McGowan said.

He called on the rank and file
members to start thinking in terms of
political action. ‘‘We are going to use
The Public Sector to get them _on
board,” he said. @

Wurf spoke on the generally
negative climate facing public
employees. ‘‘Public employees are as
disposable as a Kleenex. Being oppos-
ed to public employees is the name of
the game,”’ he said.

He voiced opposition to President
Carter’s proposed federal budget and

43. PRE-'66 $2,000 DEATH BENEFIT
This bill would make State employees who retired be-

fore September 30th, 1966 eligible foradeath bene Ti
fil in the amount cf $2,000.00 or $3,000.00 depend: nfs

ing upon the date of retirement.
@

44, EDUCATION LAW PARITY

The Education Law presently encourages the con-
tracting out of transportation services by schoo! dis:
tricts because it provides a more favorable state-aid
formula. This bill would eliminate that advantage to
private contractors.

45. DIVISION FOR YOUTH/
YOUTH SUPPORT, INC. TRANSFER

Certain employees of the Division for Youth have® dl

been “transferred” to a not-for-profit corporation to
increase federal reimbursement. This bill would in-
sure that individuals so “transferred” will not lose
benefits of State service.

16. COVERAGE OF OCA EMPLOYEES
TRANSFERRED TO THE STATE

Employees in the Unified Court System transferred ef-
fective April 1st, 1977 from the payroll of the appro-
priate political subdivision to the payroll of the State @
will be granted permanent status in the competitive
class if they have performed the duties of their re-
spective positions for a period of one year prior to the
effective date of this act.

47. INDEMNIFICATION OF
PUBLIC EMPLOYEES

This bill would allow additional instances in which
public employees of the State, public authorities,
and the political subdivisions should be indemnified@
from suit by the public employer for acts which arise
in the course of performing their duties.

48. SULLIVAN COUNTY DEPUTY
SHERIFF'S REOPENER

This bill would allow approximately eight employees
of the Sullivan County Sheriff to elect the provisions of
Retirement and Social Security Law §89-b (optional
twenty year retirement plan for sheriffs). These em-
ployees were excluded simply because of their fail @
ure to make that choice within a year.

eS

jaid he was co-chairman of a coalition
f labor groups, both’ public and
rivate sector unions, with head-
juarters in Washington, organized to
jppose the budget proposal.

The proposal would make state and
beal governments the biggest losers.
“We can’t wait till you lose your
ob. We must fight it before it
appens,’’ Wurf said.

Feinstein praised CSEA for making
substantial difference in the ability
f the Public Employee Conference
IPEC) to have its impact felt in
Ibany. CSEA’s 240,000 members are
0 p@cent of PEC’s 800,000 members.
PEC is a coalition of New York
tate’s 28 public employee unions.
“CSEA, in every election district in
ie state, can bring a message to
very reactionary legislator. That
ives PEC a dimension which is tough
beat. We can and’ do make a
ifference,’’ Feinstein said.

STATE UNIVERSITY —
LASSIFIED SERVICE

hancellor of the State University presently deter-

which positions shall be removed from the
ified service and placed in the unclassified. This
iongvould be returned to the Civil Service Com-
n

INIVERSITY OF BUFFALO
BACK

T#pill would allow State employees who were em-

Bd by the University of Buffalo prior to its acquisi-
by the State of New York fo purchase retirement
its from the New York State Retirement System for

ie of employment by the University, with elect
Imployees contributing both individual and em-
Pr g@@ntrioutions together with appropriate inter-

VETERANS BUY-BACK

pill would allow the veterans of World War || to
ase credit for up to three years of service in the
bment System. A separate bill will be introduced
low purchase for both World War Il and Korean
=)

SANITARIANS

larigns working for public and private employers
id be certified by the Department of Education

INSTITUTIONAL TEACHERS

ers working in state institutions would be al-
id to elect employment on a twelve month basis,
appropriate pro rata increases in accruals and
ies

44SUFFOLK COUNTY DISTRICT

PRNEY INVESTIGATORS

pg implement a provision in the coilective
airing agreement, between CSEA and the
ity of Suffolk allowing investigators to elect the
ity year retirement plan

RETIREMENT SYSTEM PENSION

power to invest pension funds will be vested in a
rd of trustees with meaningful public employee
esentation.

CORRECTION OFFICERS

lection officers employed by Westchester County
be @igible to elect participation ina twenty year
pment plan.

AMONG PARTICIPANTS were Isabelle O’Hagen and William T. Smith,
both of Capital District Retirees CSEA Local 999.

REPRESENTING CREEDMOOR
PSYCHIATRIC CENTER LOCAL 406
were Charles Bell, left, and Joe Healy.

CSEA DELEGATES to the seminar in-
cluded Jeanne Kelso, left, President of
Clinton County CSEA Local 816 , and June
Ferner, Political Action Chairman of Erie
County Educational CSEA Local 868.

Carey backs
agency shop

in local gov’*

ALBANY — Governor Hugh
L. Carey is supporting man-
datory and permanent agency
shop for all levels of government
in New York State, Meyer
Frucher, Director of the State
Office of Employee Relations,
said at the CSEA Legislative
Seminar on Feb. 10 in Albany,
where he was representing the
governor.

Last week The Public Sector
reported the governor was sup-
porting agency shop for State
employees.

Frucher also reported Carey's
support for:

* No layoffs of State
employees,

«Implementation of the
“Morgado memorandum.”

* Liverpool legislation (ar-
bitration of contract
grievances).

° OSHA legislation. ‘‘Help
Governor Carey pass OSHA. He
seeks your help,”’ Frucher said.

“Governor Carey, during his
campaign last year, was pro-
public service and pro-public
employee. He did not embrace
Proposition 13. He did not run
against public employees,’
Frucher said.

AMONG UNION MEMBERS PAR-
TICIPATING were, from left, Edward T,
Plummer of Nassau County CSEA Local
830, and Dale L. Hatch, President, and
John J. Hatch, Political Action Chairman,
both of CSEA Local 504, Barge Canal,
Rochester.

THE PUBLIC SECTOR, Wednesday, February 21, 1979

Page 7

Legislative Update

On December 29th, 1976, employees
of the Division of Unemployment of
the Department of Labor from Bay
Shore, Long Island received a belated
Christmas present. They were moved
from their work location at 1730 Union
Boulevard (which had been condemn-

* ed for governmental use) to 24 East
Main Street, in Bay Shore.

Unfortunately, 24 East Main was
not a step up. The building was un-
heated for the first four dates during
which it was occupied. There were in-

adequate toilet facilities, and a.

serious flooding problem on the roof
resulted in the collapse of a portion of
the ceiling which closed the office on
January 10th, 1977.

On January 23rd, 1977, a fire caused
serious damage to the work location
at 24 East Main Street, and on Mon-
day, the 24th, the employees were
temporarily moved into three alter-
nate locations including one in an
abandoned store known as Ben’s at 19
East Main Street. There was no heat
in the store and the employees were
forced to work with their coats and

_ gloves on in order to keep warm.

The toilet facilities in the store
were useless and the employees had
to leave the work location and walk to
one of the other locations in order to
use the facilities. On January 27th,
1977, the employees were moved from
Ben's back to 24 East Main Street.

The section of 24 East Main Street
which had been damaged by fire had
been partitioned off, but the smoke
odors and fumes were still strong. A
number of employees suffered from
sore throats, nausea, chest pains,
headaches and nosebleeds. Both
employees and claimants fainted as a
result of the air and several

Amessage

CSEA Members

from the chairman

During the past three years, | have com-
municated with you on the various prob-
lems that CSEA has encountered in the
areas of iegislative and political action. |
have asked for your help and your under-
standing and have always received the ut-
most cooperation. | now want to take this
opportunity to thank you, the men and
women who make our program work.

However, | am at an all too familiar junc-
ture again. We are at the beginning of a
four year gubernatorial term and two year
state legislative term. We aré on the brink of
entering a new decade. | now foresee the
need for an even greater effort from you,
the rank and file members of CSEA, than
has ever been required before

Public’ employees are entering what
could be desperate and
ahead. So-called “reforms” that have been
experienced by union. members. through-

employees were forced to leave work
because they were so ill.

On February 1, 1977, the fire
department determined that the
premises at 24 East Main were un-
safe because of noxious fumes and
smoke both caused by the fire and by
the chemicals used in extinguishing
the fire, and the employees ‘on
Wednesday, February 2nd, were
transferred back to 19 East Main
Street.

The premises at 19 East Main were
clearly not fit for occupancy. The heat
in the building was inadequate
because of a defective boiler and
small space heaters were utilized
throughout in an attempt to heat the
store. As a result of the space
heaters, there were extension cords
lying on the floor connected to them
and adjacent to large cartons of files
and papers.

There were fluourescent light fix-
tures lying along the wall, exposed
wires hanging from the fixtures and
many ceiling tiles were missing.
Underlying the. problems with the
building was the fact that no cer-
tificate of occupancy for the use of
this building had been issued because
it had not passed the safety inspec-
tion.

In addition to the employees, the
continued claim section processes
over 2,000 claimants a day. There
were inadequate fire exits for the
number of people occupying the
premises, no fire extinguishers were
in evidence, and the sprinkler system
had not been tested to see if it worked
properly.

On February 7th, the local building
inspectors again inspected the
building and refused to issue a cer-

tificate of occupancy because the
building had not passed the safety in-
spection. At this point, most of the em-
ployees left the building and refused
to continue working therein. They did
not leave work entirely, but moved at
their own behest to premises at 13
East Main Street, which were in a
good state of repair and there they
continued to perform their services
on behalf of the public. Many of them
worked several hours of overtime in
order to conclude the day’s activities.

The State of New York, in its
wisdom, rather than choosing to com-
mend these employees for the
dedication and devotion to duty which
they had shown, chose rather to
declare them to have been on strike
on the day on which they left 19 East
Main Street and to propose to fine
them two days pay for each day work-
ed pursuant to the Taylor Law.

Had the same set of facts which oc-
curred above, occurred in private in-
dustry anywhere in the State, the
employers work premises would have
been tagged and closed pursuant to
the Federal Occupational Safety and
Health Act standards. Only public
employees are required to work in un-
safe, substandard working conditions
which may jeopardize their lives and
health. There is no justification for
this, there can be none. The time has
come when the legislature must enact
a State and Local Government OSHA
program,

CSEA has agreed upon proposed
legislation with the other unions com-
prising the Public Employee
Conference and has undertaken to
draft that legislation on behalf of the
Conference. There have also been ex-
tensive discussions with the New

RARER ARI RT ME

out the country, are now being placed on
our doorstep. You, as union members, must

take an active position in both the political
and legislative areas in order to protect

yourself as well as your brothers and sisters.

lean ‘years Martin Langer

Page “8

“THE PUBUG SECTOR, ' Wednesday, February 21) 1979

Fraternally yours,

CSEA Statewide
Political Action Committee

To accomplish our goals in the months
ahead, | ask you to do three things. First, be
informed, CSEA’s political and legislative
department will be keeping you up to date
on our bills, legislative trends and other
ideas of importance. Second, inform oth-
ers, Don't throw this information away; pass
it on fo someone else. Third, understand the
issues and proudly defend your position as
a public employee.

With your assistance my committee, our
staff and our attorneys can assure you that
your future:can be a safe and solid one.

ange

Legislative Update is a column deal-
ing with the legislative and political
program of CSEA. It is written by
Atty. James D. Featherstonhaugh,
CSEA Lobbyist of the legal firm of
Roemer and Featherstonhaugh.
This column will appear regularly
during the State Legislature
sessions and during non-session
periods.

York State Department of Labor and
with the United States Department of
Labor. The conclusions of those dis-
cussions are, we think, a State and
local government OSHA proposal
which is both within the economic
ability of government and provides
adequate protection for the lives and
health of public employees.

The proposed bill would cover the
State and any political subdivisions, a
public authority or other governmen-
tal agency or instrumentality. The
Commissioner of the New York State
Department of Labor would have the
authority to enforce the standards,
which standards shall, at a minimum,
include all safety and health stan-
dards promulgated under the U.S. Oc-
cupational Safety and Health Act of
1970 which are in effect on the date
that our OSHA bill becomes a law.

The bill sets forth the duties of each
employer which are:

“1. Furnish to each of his
employees employment and a place of
employment which is free from
recognized hazards that are causing
or likely to cause death or serious
physical harm to his employees and
which will provide reasonable and
adequate protection to the lives,
safety or health of his employees;
and,

2. Comply with the safety and
health standards promulgated under
this section.”

Authorized representatives of the
employees will be given an oppor-
tunity to accompany representatives
of the employer and Commissioner
during inspections of work locations
for the purpose of aiding in such in-
spections. Furthermore, any
employee or union representative
who believes that an OSHA violation
exists, may request an inspection by
giving notice to the Commissioner,
and upon his request, his name will be
withheld and kept confidential from
the employer.

Once a violation of the OSHA stan-
dards have been identified, the Com-
missioner shall issue an order to com-
ply and fix a reasonable time for com-
pliance. The employer will be re-
quired to post such order in a con-
spicuous place near ihe violations
cited.

“Any person who violates or does
not comply with any provision of the
Labor Law, any rule, regulation or
lawful order of the Industrial Com-
missioner or the Industrial Board of
Appeals, and the officers and agents
of any corporation who knowingly
permit the corporation to violate such
provisions, are guilty of a mis-
demeanor. . .””

This bill is a must for our members.
The basic right to a safe and healthy
working environment cannot be com-
promised. We expect our OSHA
legislation to be introduced into both
houses before the end of February and
The Public Sector will carry the bill
numbers, but don’t wait! Tell your
legislators that we need OSHA and
that we need it now.

Albany.

REPORT OF
REVISION OF CONSTITUTION AND
BY-LAWS COMMITTEE
TO THE SPECIAL DELEGATES
MEETING

CONVENTION CENTER
ALBANY, NEW YORK

The Constitution and By-Laws Com-
mittee has met twice since the Annual
Delegates Meeting in October, 1978.
Because of ihe limited time available at
this Special Delegates Meeting, the Com-
mittee is reporting on completed work
only and all other amendments will be
reported out at a future meeting.

THE FOLLOWING ITEMS ARE
PRESENTED TO THE DELEGATES
FOR A SECOND READI AND IF
PASSED, WILL BECOME PART OF THE
CSEA CONSTITUTION:

1. The following amendment to Article
Ill, Section 2 ‘RETIREE MEMBERS”,
was submitted to this Committee by
Melba Binn, Chairperson, Retirees
Statewide Committee:

Article III “MEMBERSHIP’’, Section
2:

“Section 2: RETIREE MEMBERS.
Any member of the Association who has:
retired from the civil service of the State
of New York or any political subdivision
thereof or any public authority, public
benefit corporation, or similar
autonomous public agency may elect to
become a retiree member. Retiree
members shall (not) be eligible to vote (or
hold office) but shall not be eligible to hold
regional or statewide office and (but) shall
have other such rights and privileges as
the Board of Directors may prescribe.’’

Explanation: The Committee
recommends defeat of this amendment.
The opinion of the Committee remains
that CSEA is a labor union organized for
the betterment of working conditions for
its active and working members. While it
is recognized that the retirees serve a
useful purpose on behalf of the
organization, the right to vote for regional
and statewide office should not be extend-
ed to individuals who are not directly
affected by the actions of the officers be-
ing elected. It should be noted that infor-
mation received by the Committee in-
dicates that 2,000 retiree members reside
in the State of Florida. In addition, it
should be remembered that CSEA has af-
filiated with AFSCME, which by its con-
stitution provides for a retiree division,
Retiree members are permitted to vote
for officers of retiree chapters only and
may not vote for offices within the union.
Only active employees who pay full dues
may participate in those elections.

Key: Italics = New Material
Brackets = Removal of Old
Material
2. From the floor of the delegates
meeting in October, 1977, the Committee
was requested to review Article VI,
Section 1 dealing with the question of
vacancies in the office of the State
Department representatives. The Com-
mittee has studied the issue and presents
the following amendment:

As the official publication of CSEA, “The Public Sector” has a legal
obligation to publish proposed changes prior to delegate sessions. More

Article VI, Section 1 STATE EX-
ECUTIVE COMMITTEE:

“Section 1. STATE EXECUTIVE COM-
MITTEE. The power and authority to
transact business relating to state
employees shall, except as provided
herein, be vested in a State Executive
Committee. The State Executive Com-
mittee shall consist of the officers of the
Association, and one representative from
each State Department. The Judiciary,
the State University, the Waterfront Com-
mission and state public authorities as one
unit, shall be deemed State Departments.
The Faculty Student Associations and
Teachers’ Retirement System shall as a
unit be deemed a State Department. In ad-
dition to the feregoing, each State
Department with more than 3,000
members as of January 1 in an odd-
numbered year, shall for the term of of-
fice beginning the following July, be entitl-
ed to one representative on the State Ex-
ecutive Committee for each 3,000
members or major fraction thereof. The
State Executive Committee shall elect
from its membership one member to be
known as the Chairman of the State Ex-
ecutive Committee. The State Executive
Committee may create one or more sub-
committees to perform such duties as the
State Executive Committee shall
delegate. Each department representative
shall be elected by ballot by the members
in his department in the manner prescrib-
ed in the By-Laws. No person shall be
eligible for nomination unless he shall
have been a member in good standing of
the Association on or before June 1st of the
year preceding the year in- which the
election is held. They shall hold office for
a term of two years or until their
successors shall have qualified. Vacancies
in the office of the State Department
representatives including termination of
employment with the Department may be
filled for the remainder of the term by
members of the Association employed in
such department at a special election to be
called by the Board of Directors within
fourteen days after the first meeting of the
Board subsequent to the time that such
vacancies occur under rules established
by the Board.”

Explanation: The Committee
recommends adoption of this amendment
since the interests of active, full-time
employees can be best served by having
their peers and fellow co-workers
represent them on the Board of Directors.

THE FOLLOWING ITEM IS
PRESENTED TO THE DELEGATES BY
THE COMMITTEE AS A: PROPOSED
AMENDMENT TO THE CON-
STITUTION. THE PRESENTATION TO
THE DELEGATES AT THIS MEETING
CONSTITUTES A FIRST READING OF
THIS AMENDMENT.

1, The following amendment to Article
VIII “DELEGATES” was submitted to
this Committee by Patricia Gooden,
Treasurer, Monroe County Local:

Article VIII “DELEGATES”

“Members of each local shall elect from
their membership one or more delegates
to represent the members of the local at
all meetings of the Association, except

Se Constitution and By-Laws

Changes in the Constitution and By-Laws of the Civil Service
Employees Association have a direct effect upon the day-to-day operation
of the union, and therefore upon the membership itself.

Traditionally, the largest block of time devoted at CSEA conventions
is given over to consideration of such changes. This will undoubtedly be
true at the upcoming meeting of the union delegates from March 11-13 in

importantly, however, we feel an obligation to the membership to present
such proposed changes for informational rather than legal, purposes.

The membership has a right and a need to know what major changes
are being considered that affect them directly. Therefore, we are
publishing the report of the CSEA Constitution and By-Laws Committee
to the upcoming annual delegates meeting in order to, (1) meet our legal
obligation, and (2) keep the membership informed of events that are im-

portant to them.

that the local president shall, by virtue of
his office, automatically be designated as
a delegate. Prior to June Ist of each year,
each local shall file with the Secretary of
the Association an accurate list containing
the names and addresses of its delegates
for the ensuing year, and names and
addresses of alternate delegates may be
submitted to the Secretary thereafter
Such delegate or delegates shall have one
vote for each one hundred members or
fraction thereof in such local, based upon
the paid membership in the Association
on the first day of June preceding the
meeting, /n such instances where a local has
lost delegate voting strength due to loss of
dues check-off as a penalty imposed by a job
action, the local may claim the right to have
its delegate voting strength determined by
the paid membership as of the first day of
June twelve months prior to the first day of
June preceding the meeting. The number of
votes each local or department is entitled
to cast shall be determined by the
Membership Committee.’”” REST OF AR-
TICLE REMAINS, THE SAME.

Explanation: The Committee
recommends adoption of this amendment
on the basis that a local should not, in
effect, be penalized by its own union for
participation in a job action and the in-
herent possibility of the loss of dues
checkoff.

THE FOLLOWING ITEMS ARE
PRESENTED TO THE DELEGATES BY
THE COMMITTEE AS PROPOSED
AMENDMENTS TO THE BY-LAWS. IF
PASSED AT THIS MEETING, THE
AMENDMENTS WILL BECOME
EFFECTIVE IMMEDIATELY.

1, The following amendment to Article
VI, Section 1 ‘“‘STANDING COM-
MITTEES” was submitted to this Com-
mittee by Timothy McInerney, Transpor-
tation Local 676: =

“Section 1: STANDING COM-
MITTEES. The Standing Committees of
the Association shall be as follows: In-
surance Committee, Legal Committee,
Revision of Constitution and By-Laws
Committee, Retirees Committee,
Convention Committee, Political and
Legislative Action Committee, Grievance
Committee, Pension Committee, (Salary
Committee,) Committee for Methods and
Procedures, Education and Training Com-
mittee, Election Procedures Committee,
and Committee to Oversee the
Comprehensive Employment and Training

Act.” REST OF SECTION REMAINS
THE SAME.
Explanation; The Committee

recommends adoption of this amendment
on the basis that the Salary Committee is
a non-functioning Committee. Prior to the
enactment of the Taylor Law, the com-
mittee met for the purpose of formulating
salary demands to be placed upon the
State of New York on behalf of State
employees. Currently, the negotiating
teains, based upon input from the
membership, formulate and approve the
demands submitted during the negotiating
process., The Salary Committee,
therefore, is a duplication of a portion of
the functions reserved to the negotiating
teams. wy

2. The following amendment to Article
VI, Section 4 “SPECIAL AND AD HOC
COMMITTEES” was submitted to this
Committee by Peter Blaauboer, Buffalo
Local

“Section 4: SPECIAL AND AD HOC
COMMITTEES. The Special Committees
of the Association shall be as follows: Ar-
mory, Auditing, Membership, Human
Rights, Memorial Scholarship Fund, Pla-
que, Civil Service, Regional Office, (Plat-
form,) Social Services, Probation, Non-
Teaching School District Employees,
Special Authorities, Work Performance
Ratings and Examinations, and such other
other committees designated by the
President of the Association.” REST OF
SECTION REMAINS THE SAME.

(“Section 4 (a) PLATFORM COM-
MITTEE. All resolutions proposed for
consideration at an annual meeting shall
first be submitted in writing to the Plat-
form Committee. All resolutions sub-
mitted on or before the twentieth day of
July shall be reviewed, edited and con-
solidated by the committee, which shall,
on or before the tenth day of August,
report to all locals of the Association the

> disposition of such resolutions.”’)

Explanation: The Committee
recommends adoption of this amendment
‘on the basis that the functions of the Plat-
form Committee as outlined in Section 4
(a) no longer apply. All resolutions and
motions are now to be pre-filed with the
Secretary, and the Committee to Report
on the Disposition of Convention Motions
is charged with the necessary followup ac-
tion, In addition, according to CSEA
records, the Platform Committee has met
five times within the last three years.
Miscellaneous é

At the October, 1978 Delegates Meeting,
a motion was jointly submitted to this
Committee by James Goodison, Local 002,,
and Shirley A. Brown, Local 670, re-
questing an amendment to reflect the
Association’s commitment to equal rights
and opportunities by omitting the ex-
clusive use of male pronouns in the Con-
stitution and By-Laws and substituting
non-definitive terms where applicable.
The Committee has considered this
motion and proposes that the following
paragraph be inserted at the end of the
Table of Contents to the Constitution and
By-Laws:

“All relative words herein making
reference to the male pronoun shall be
read as if also written in the female
gender.”

The Committee requests the approval of
the Delegates to make this overall change.
Respectfully submitted,

COMMITTEE ON REVISION OF
CONSTITUTION AND BY-LAWS r

Kenneth Cadieux, Chairman

William DeMartino

Mary Ann Bentham

Nicholas Cimino

Earl Mayfield

Jon Schermerhorn

Peter Blaauboer i

<THE PUBLIG SEGTOR,'Wedneiday, Febriaty 21, 1979

“Page 9

COMPETITIVE

PROMOTIONAL EXAMS

(State Employees Only)

Title

FILING ENDS MARCH 12, 1979
Associate Accountant (State Accounts) .
Associate Accountant (State Systems)
Senior Accountant (State Accounts)
Senior Accountant (State Systems) .
Cartographic Technician I.........
Cartographic Technician II ...
Cartographic Technician III ..
Highway Reports and Inventory Assistant
Assistant Director of Engineering
Research and Development
Director of Engineering Research and
Development
Senior Pharmacy Inspector .
Senior Budget Examiner
Senior Budget Examiner (Employees
Relation)
Senior Budget Examiner (Management) .
Senior Budget Examiner (Public Finance) .
Assistant Director of Housing
Management Bureau ‘
Supervisor of Office Services .
Senior Narcotics Investigator.
License Investigator II .
Senior Excise Tax Investigator .

For more information about these and other state jobs, contact the state Ci

Albany State Office Building Campus; 1 Genesee St., Buffalo, or 2 World Trade Cent

Exam No.

. 36-651
. 36-653,
. 36-650,
. 36-652
36-695
. 36-696
. 36-697
. 36-700

. 39-340

. 39-341
. 36-702
. 36-710

. 36-711
. 36-712
. 36-713

. 39-347
. 36-694
. 36-701
. 36-693
. 90-044

service Department,
, New York City.

TATE OPEN COMPETITIVE

JOB CALENDAR

Title Salary

FILING ENDS FEBRUARY 26, 1979
Associate Economist ......
Education Director I .
Education Director II
Education Supervisor (General)
Education Supervisor SDevelopmaental
Disabilities)
Leasing Agent ...
Senior Leasing Agent .
Rehabilitation Coordinator (Division
of Youth) '
Research Analyst (Transportation
Transportation Analyst ........... .
Senior Youth Division Counselor ...
Supervising Youth Division Counselor .
. FILING ENDS MARCH 5, 1979
* Public Management Intern
Standards Compliance Analyst III ....
Standards Compliance Analyst III
(Alcoholism) ...... :
Standards Compliance Analyst Iv 3c
Standards Compliance Ghat IV
(Alcoholism) ....
DS MARCH 19, ot
Cartographic Technician I ....
Cartographic Technician II .....
Cartographic Technician III ..
Health Department Investigator I
Highway Reports and Inventory
Assistant ‘
License Investigator I .
License Investigator I Span
Speaking) ..
Narcotics Investigator .
Pharmacy Inspector ...
Senior Budget Examiner
Senior Budget Examiner (Employee
Relations)
Senior Budget Examiner (Management) ..
Senior Budget Examiner (Public Finance
Youth Education Coordinator .
FILING ENDS MARCH 25, ‘1979
Standards Compliance Analyst I..
Standards Compliance Analyst II
Standards Compliance Analyst I
(Alcoholism)
Standards Compliance ‘Analyst Il
(Alcoholism)
FILING ENDS MARCH 26, 1979
Beginning Office Worker *
(Capital District Only)

You can also contact your local Manpos

“$11,250

$11,250
$14,850
» $14,075
$18,301

«$18,301
$18,301
$18,301
$14,075

$14,075
$18,301

$14,075

Exam No.

No, 24-934
24-930

. 24-930

. 24-931

). 24-932
. 24-922,
. 24-933

. 24-926
. 24-850
. 24-923
. 24-939
. 24-940

. 27-890
. 27-885

. 27-886
. 27-887

. 27-888
. 24-944
. 24-945
. 24-946
. 24-954

. 24-950
|. 24-943

. 24-943,
24-951

. 24-960
, 24-961
. 24-962
. 24-963
, 27-880

. 24-746
. 24-748

. 24-747
. 24-749

. 20-998

Page 10 THE PUBLIC SECTOR, Wednesday, Febr

24-957,

OPEN CONTINUOUS
STATE JOB CALENDAR

Title
Pharmacist (salary varies with location)
Assistant Sanitary Engineer . .
Senior Sanitary Engineer .
Clinical Physician I .
Clinical Physician II.
Assistant Clinical we lan .
Attorney ..
Assistant Attorney .
Attorney Trainee
Junior Engineer. .
* (Bachelor's Degree)
Junior Engineer .
(Master’s Degree)
Dental Hygienist *
Licensed Practical Nurse
Nutrition Services Consultant .
Stationary Engineer .
Senior Stationary Engineer ...
Occupational Therapy Assistant a
Occupational Therapy Assistant I
(Spanish Speaking)
Vocational Rehabilitation Counselor .
Vocational Rehabilitation Counselor Trainee
Medical Record Technician
Histology Technician
Professional Positions in Auditing and Accounting
Computer Programmer...
Computer Programmer (Scienti ic).
Senior Programmer
Senior Computer Programmer Selenite}
Mobility Instructor .
Instructor of the Blind
Health Services Nurse.
(salary varies with
Senior Heating and Ventilating Engineer
Senior Sanitary Engineer (Design)
Senior Building Electrical Engineer .
‘Senior Building Structural Engineer .
Senior Mechanical Construction Enginee!
Senior Plumbing Engineer...
Assistant Stationary Engineer .
Electroencephalograph Technician’
Radiologic Technologist .
(salary varies with location)
Medical Record Administrator
Food Service Worker I ...
Mental Hygiene Therapy Aide Trainee
Mental Hygiene Therapy Aide Trainee ..
(Spanish Speaking)
Associate Actuary (Casualty) .
Principal Actuary (Casualty) ;
Supervising Actuary (Casualty) .
Assistant aad ahaa
Nurse I
Nurse Ify....
Nurse IT (Psychi ric) .
Nurse II (Rehabilitation)
Medical Specialist II .
Medical Specialist I ..
Psychiatrist I..
Psychiatrist II .
Social Services Management Trainee .
Social Services Management Specialist
Social Services Management Trainee
(Spanish Speaking)
Social Services Management Specialist
(Spanish Speaking)
Industrial Training Supervisor .
(salary varies depending on spec ity)
Physical Therapist
Physical Therapist (Spanish Speaking). .
Senior Physical Therapist ...... Pe
Senior Physical Therapist (Spanish Speaking) :
Speech Pathologist .
Audiologist .......
Assistant Speech Pathologist
Assistant Audiologist .
Dietician Trainee .
Dietician
Supervising Dietician .
Stenographer
Typist .
Senior Occupational Therapist ..
Senior Occupational Therapist .
(Spanish Speaking)
Occupational Therapist ..
Occupational Therapist (Spanish Speaking) .

You may contact the following offices of the New Yor

eportm:
nouncements, applications, and other details concerning examinations for the positio

Salary Exam No,

$14,388-$15,562

« $16,040

+ $18,301

20-129
20-122
20-123
20-118
20-119
20-117
20-113
20-113
20-113

+ 20-109

- $14,142
- $11,983

$11,250-$12,025

. $18,301

. $18,301

. $18,301

. $18,301

+. $18,301

. $18,301
87.616

os 87,616
$8,454-$10,369

- $11,904
$6,456
$7,204

«$7,204

. $18,369
$22,364

. $26,516
$10,714
$10,624

.. $11,904
$11,904
$11,904
«$33,705
$27,942
$27,942
$33,705
$10,824
$11,450
$10,824

.. $11,450

« -$10,624-$12,583

+1. $11,337
.. $11,337
$12,670
$12,670

. $12,670
$12,670

‘$12,670

« $11,337
« $11,337

20-109

20-107
20-106
20-139
20-100
20-101
20-174
20-174

20-140
20-140
20-143
20-170
20-200
20-220
20-222
20-221
20-223
20-224
20-225
20-226

20-227
20-228
20-229
20-230
20-231
20-232
20-303
20-308
20-334

20-348
20-352
20-394
20-394

20-416
20-417
20-418
20-556
20-584
20-585
20-586
20-587
20-840
20-841
20-842
20-843
20-875,
20-875,
20-876

20-876
20-877

20-880
20-880
20-881
20-881
20-883
20-882
20-884
20-885
20-888
20-887
20-886
20-890
20-891
20-894
20-894

20-895,
20-895

of Civil Service for on-
ited above,

ns lis
State Office Building Campus, First Floor, Building |, Albany, New York ha39 (518) 457-6216.

2 World Trade Center, 55th Flo
Suite 750, Genes

, New York

10047 (212) 488-4248.
uilding, West Genesee Street, Buffalo, New York 14202 (716) 842-4260.

On Saturday, February 10th, I
had the opportunity to attend the
CSEA Legislative Seminar in
Albany. I attended the workshop on
school district legislation, along
with approximately twenty non-
instructional employees. At the
workshop, the moderator apprised
us of several pieces of legislation
applying to school district
employees.

Probably one of the most im-
portant bills deals with agency
shop. As you know, the current bill
expires in September and provides
for a mandatory agency fee for
state employees. Only political
subdivisions, such as school dis-
tricts, may negotiate an agency
fee. The new bill, if passed will
make agency shop permanent and
mandatory for state employees and
political subdivisions. It was
pointed out that various groups are
already lobbying against such a

ARRAN LO

Local starting
flex-time plan

NEW YORK CITY — A new flex-

time plan was due to go into effect
Thursday, Feb. 15 at the NYC office
of the State Insurance Fund. Local 351
President Vincent Rubano, who also
is treasurer of CSEA NYC Region I,
calls it a “pilot program” in which
employees will be able to choose their
own daily starting times, Employees
may punch in anytime between 7 and
10 a.m. and leave between 3 and 6
p.m.
The flex-time program also allows
employee lunch hours ranging in
length from one-half to three hours in
the mandatory 7% hour work day.
Rubano says that unlike some other
flex-time programs, the one at Local
351 allows employees to come in at
different times every day without
prior notice.

Gripper running
for credit panel

NEW YORK CITY — Jimmy
Gripper, President of the Brooklyn
Developmental Center CSEA Local
and a member of CSEA’s statewide
Board of Directors, has become the
first state employee and CSEA
member to be nominated to serve on
the Credit Committee of the
Municipal Credit Union.

The election will be by machine
balloting between 10 a.m. and 8 p.m.
on March 2 at Pace University,
Williams and Sprice Streets, New
York City.

Municipal Credit Union members
living 50 or more miles from the
Credit Union offices, or otherwise in-
capacitated and unable to vote in
person on March 2, may request a
mail ballot by calling (212) 977-2960,
Mail ballots must be returned by
March 1.

Report Card

A biweekly column for and about the thousands of non-instructional employees of school districts throughout New York represented by
the Civil Service Employees Association. Comments and/or questions concerning non-instructional school district employees should be
directed to Ms. Arne Wipfler, Coordinator of School Affairs, CSEA, 33 Elk Street, Albany, New York 12224.

Agency shop very important

bill. I imagine we will receive
strong opposition from the New
York State School Boards
Association.

Another legislative proposal of
interest to school employees would
repeal the ‘‘two-for-one’’ penalty
under the Taylor Law. As the
Taylor Law reads now, individuals
who engage in a strike may be
fined, imprisoned, and lose two
days of pay for each day of the
strike. Employee organizations
may be required to pay large fines
and may lose dues deduction
privileges. This legislation would
remove from the Taylor Law the
yenalty of losing a second day of
pay for each day of the strike.

Public employees, both in the
employ of the state and its
political subdivisions, are not
covered by any occupational safety
and health standards. CSEA
believes public employees deserve

the same coverage as private sec-
tor employees, who are either
covered by the Federal Oc-
cupational and Safety Act or the
New York Labor Law.

As we discussed this particular
piece of legislation, the par-
ticipants were able to point out a
number of work areas in school cis-
tricts which can be considered
either unsafe or present hazardous
to health working conditions. CSEA
will be working towards the
passage of OSHA legislation, which
will correct work areas that are
viewed as unsafe or unhealthy.

Already, bills dealing with trans-
portation parity and un-
employment benefits have been
filed. Our lobbyists will be
monitoring these bills for
movement. I will continue to up-
date you on these pieces of
legislation, as well as any others
dealing with school districts.

THREE REGIONAL PRESIDENTS discuss union election procedures at the

recent CSEA Board of Directors meeting in Albany. Going over the procedures
are, from left, Long Island Region President Irving Flaumenbaum, Southern
Region President James Lennon (standing), and Central Region President
James Moore.

Calendar
of EVENTS

20 — Meeting of Local 352, Buffalo Department of Labor, 5:30 p.m. Desiderio's
Restaurant, 2790 William Street, Cheektowaga.

21 — Buffalo Local 003 monthly delegates dinner meeting, 5:30 p.m., Plaza Suite, One
MA&T Plaza, Buffalo.

23—Local presidents meeting, Region IV, 5:30 p.m.,

Campus Cafeteria, Building 3.

23 — New York City Local 010 membership meeting, 12 noon, State Hearing Room, 44th
Floor, World Trade Center 2, New York City.

27 — 26th Annual Brotherhood luncheon, Roosevelt Hotel, Madison Avenue and 45th
Street, New York City

27 — CSEA Statewide Women’s Committee meeting, 5 p.m., Albany Thruway House.

State Office Building

MARCH

2-3 — Region VI Meeting, Holiday Inn, 4600 Genesee Sti

3 — Region I! education and dues discussion meeting, 10 a.1
New York City.

9, 10, 11 — Central Region V Conference, Hotel Syracuse, Syracuse.

11:13 — Special CSEA Delegates Meeting, Rockefeller Plaza Convention Center, Albany.

Cheektowaga.
DC 37, 140 Park Place,

Rules for
elections
approved

ALBANY — CSEA’s Board of Direc-
tors has approved several election
procedures to be used in the upcoming
1979 Statewide Elections.

This year’s elections are for all
Statewide, Regional and Local offices
in the union. The Board, at its
February 8 meeting, set certain
guidelines for election procedures on
the recommendation of the Standing
Election Procedures Commitiee.

April 1, 1979, was established as the
eligibility date for voting rights in the
elections. Any persons who are dues
paying members in good standing by
April 1, will be eligible to vote.

The same provisions for payment of
candidate expenses for official can-
didates in Statewide offices of
President, Executive Vice President,
Secretary and Treasurer, will be in
effect during this election as were
used inthe last Statewide election.
Those candidates are allowed one
trip to each Regional area with ex-
penses. Official candidates for
Regional Offices are allowed two
trips (not exceeding one day each)
with expenses within the Region in
which they are seeking election.

Official candidates for Statewide
office and official candidates for the
State Executive Committee will be
furnished with a set of mailing labels
of Local Presidents and official can-
didates for the County Executive
Committee will be furnished with a
set of mailing labels for Unit
Presidents. The labels will be provid-
ed at CSEA’s expense.

All official candidates for Unit,
Local, Regional or Statewide offices
will be provided at cost with mailing
labels for the CSEA members eligible
to vote in the respective election in
which the official candidate is seeking
office.

Nominations for the elections clos-
ed on February 20 and the Nominating
Committee will convene in Albany on
February 22, 23 and 24, to draft the of-
ficial slate of candidates.

Women’s group
meeting Tuesday

ALBANY — Suone Cotner, newly-
named Coordinator of Women’s Af-
fairs for the American Federation of
State, County and Municipal
Employees, will meet with the
Statewide CSEA Women’s Committee
next week to discuss the committee’s
program at this year’s CSEA County
Workshop.

Joseph Lazarony, chairman of the
CSEA County Executive Committee,
has allotted the women’s group time
to present a program during the June
13-15 workshop, set for Kutsher’s
Country Club in Sullivan County.

Women’s Committee Chair Irene
Carr, who is statewide secretary of
CSEA, has appointed Janice Schaff of
the Yonkers Non-Teaching CSEA Unit
to head up the efforts to develop the
June program.

The meeting will be Tuesday, Feb.
27, at 5 p.m. at the Thruway House in
Albany.

THE PUBLIC. SECTOR, ‘Wednesday

SE; Pe: aibametad 7 ee:

y, February 21, 1979 = *

Page 11

ice

Civil Service reform

By Lou Nayman

On January 11, 1979 the first of the Carter Ad-
ministration’s Civil Service Reforms (Public
Law 95-454) for Federal workers went into force.
Touted by the White House as “‘the centerpiece
of President Carter’s efforts to re-organize the
machinery of the Federal government,”’ this law
carries implications for public employees on the
sate, municipal, and school district levels as
well.

Within the past two weeks Carter's Civil Ser-
vice chief, Director of Office of Personnel
Management Alan K. Campbell, endorsed New
York City’s attempts to loosen merit system re-
quirements’ for certain upper level jobs, and to
expand such concepts as broad-banding among
rank and file workers. Other “trickle-down
effects’ resulting from the new Federal
legislation may include efforts by states, local
governments, and school districts to:

* Dilute existing procedural protections, es-
pecially regarding the levels of proof required to
discipline workers charged with poor perfor-
mance or misconduct.

¢ Introduce new performance appraisal
systems which spell out the ‘‘critical elements”’
and specific measurable levels of acceptable
performance for each job title.

¢ Replace salary steps — in part, or totally —
with a system in which workers compete for so-
called ‘‘merit pay raises.”

¢Remove competitive requirements for
certain top level appointments and promotions in
favor of direct political appointment.

While state and local public employee unions
are expected to keep a close watch on these and

Ken Blaylock, President of the 300,000 strong
American Federation of Government
Employees (AFL-CIO), believes that despite its
drawbacks, the Civil Service Reform Act con-
tains significant gains for rank and file workers.
Unlike smaller rival unions, AFGE eventually
threw its support behind the reforms, but only
after lobbying successfully for the inclusion of
what became Title VII, the Labor Relations
section of the final bill.

Union and Administration spokespersons
agree that the bill enacted into law contains
much stronger employee protections than the
legislation originally proposed by the White
House. Office of Personnel Management Direc-
tor Campbell admits that labor’s support was
perceived to be crucial to the passage of the en-
tire Civil Service Reform package. Since the
only way to obtain AFL-CIO backing was through
Blaylock and AFGE, the Administration had to
compromise on Title VII.

As sent to Congress, the original bill reorganiz-
ed the Civil Service and strengthened
management's hand while ignoring many
longstanding injustices against rank and file
workers. Insiders credit the House Post Office

, legislation,”

other possible implications for their members,.

Unions keep watchful eye

and Civil Service Committee, now chaired by
Syracuse area Congressman James M. Hanley,
with balancing the scales. “We were in full
agreement with the fundamental intent of the
Congressman Hanley told The
Public Sector, ‘‘the promotion of efficiency and
productivity in the Federal service. But we also
wanted very much to assure that the rights of
hardworking employees were not infringed
upon either. I believe that the final language
assures that workers are going to be treated
fairly, and that arbitrary decisions will not be
made,”

While acknowledging that the final draft did
not include everything his union wanted,
Blaylock credits Hanely and others in the House
with hammering out legislation his people could
live with. ‘‘They (Hanley’s committee) were
adamant about employee protections throughout
the debate,’’ says another AFGE official.

As signed into law, the Civil Service Reform
Act established Federal public sector bargaining
rights in statute, expands the scope of
negotiations,. grants unions free dues checkoffs
and paid time and expenses for negotiators,
provides for binding arbitration of grievances
and discharges, opens the courts to appeals by
employees, and spells out punishments for
managers found guilty of committing prohibited
personnel practices. ‘I’m a realist,” says
Blaylock. ‘‘I know what can be done now and
what can’t. It’s time unions in the Federal sector
grew up and became real unions. This legislation
is an important step in that direction.’ One es-
pecially attractive feature of the law, which the
AFGE leader promises his union will take ad-
vantage of, permits the recovery of legal ex-
penses in cases where employees are cleared of
adverse action charges.

Although the reforms were sold on a
Proposition 13 type ‘‘Get the Bureaucrats”’ sen-
timent popular in the press among certain Ad-
ministration spokespersons, Blaylock believes
that the interests of his members were
protected. “I'm convinced that when all of these
supposed incompetents are found and fired,
they'll be policy makers and managers, not rank
and file.”

One concern shared by Blaylock and Hanley, as
well as state and local union leaders, is the
change in wording affecting the burden of proof
required to sustain adverse actions against
employees. In job performance-related cases,
management must now support its case with
“substantial evidence’ rather than with ‘a
preponderance of evidence.” Blaylock expects
that the exact meaning of this change will be
decided in the courts and established in case law.
Hanley agrees, and promises that his committee
will keep ‘‘a firm finger on the pulse of those
charged with implementing the reforms in order
to make certain that the legislative intent of
fairness is followed.’ Hanley intends to monitor

What is Civil Service reform?

LOU NAYMAN, left, discusses the potential Impact of the
Carter Administration’s Civil Service Reform proposals with
Ken Blaylock, president of the 300,000-member American
Federation of Government Employees (AFGE).

SYRACUSE AREA
§ CONGRESSMAN JAMES M.
' HANLEY, chairman of the
powerful ‘House Post office
and Civil Service Committee.
He is credited with adding
balance to proposed reform,
and told The Public Sector,
. we also wanted very
much to assure that the rights
of hardworking employee:
were not infringed upon . . .”
Photos by L. Richard Mi

especially closely the activity of the newly
created Federal Labor Relations Authority in
order to assure that it functions independently,
impartially, and with sufficient staff. If serious
shortcomings or inequities are discovered, the
Syracuse Congressman indicates that he would
offer amendments to correct the situation.

For now, the principals involved appear to be
satisfied that a workable compromise has been
reached. All agree that the places to watch in the
next few years will be the courts, where such
issues as the scope of negotiability, levels of
proof in adverse actions, and the fairness and
adequacy of merit pay and performance
appraisal systems will be tested. The in-
terpretations and decisions that follow will be of
interest not only to those in the Federal sector,
but to public workers in state, municipal, and
school district jurisdictions as well.

Lou Nayman, the author of articles on this page, should
be a familiar name to CSEA members. Lou is president
of the Tompkins County CSEA Unit, and is currently on
leave of absence while enrolled in two Masters Degree
programs at Syracuse University. He wrote the articles
following research on the subject while recently
attending a Civil Service Reform Seminar in
Wat ton for graduate students in the Maxwell School
of Public Administration, Syracuse University.

Structural
© Civil
abolished

© Office of Personnel Management
created

Service | Commission

¢ Federal Labor Relations
Authority established to certify
bargaining units in the Federal sector
and to investigate and prosecute un-
fair labor practices

* Merit Systems Protection Board
established to resolve employee com-
plaints and appeals, and to investigate
and prosecute prohibited personnel
practices, unlawful political activity,
discrimination, and merit system
violations

Labor Relations in the

Federal Sector

© Union rights recognized in law for
the first time

¢ Guaranteed dues checkoff
without charge

e Recovery of legal costs in
grievances and hearings where
employees found to have been wrong-
ly accused

* Scope of bargaining expanded

* Definition of grievance expanded
to include discharges and the
withholding of step increases

* Appeals system streamlined —
one step eliminated

° Judicial review guaranteed —
management violations now can be
appealed to the courts

Page 12

THE PUBLIC SECTOR, Wednesday, February 21, 1979

¢ Workers guaranteed the right to
union representation at investigatory
interviews

¢ Paid time, travel and other ex-
penses for union negotiators

¢ Management unfair labor prac-
tices defined

e Provision for managers and
supervisors found guilty of having
committed ‘‘prohibited personnel
practices” to be reprimanded, fined,
discharged, or disbarred from
Federal employment for up to five
years

¢ Burden of proof lessened in order
to sustain job performance-related
adverse actions against employees

¢ Improved protections for
“whistleblowers”

New Performance Appraisal

Systems

e Agencies must develop job
descriptions listing all of the ‘‘critical
elements”’ for each title

¢ Agencies must establish objec-
tive measurable performance stan-
dards for the evaluation of individual
employees

¢ Failure by an employee to per-
form satisfactorily one or more
“critical elements’’ will be grounds
for dismissal. Critics worry that such
standards are arbitrary, and invite
selective application and political in-
terference

e Performance appraisal systems
must be in place, and standards com-
municated to all employees, by 1981