BULLETIN
From
Security and Law Enforcement Employees Council - 82
American Federation of State, County and Municipal Employees — AFL-CIO
63 Colvin Avenue, Albany, N. Y. 12206 EE 5 Phone 518/489-8424
TO: All Members
FROM: John W. Bur fi cutive Director
RE: CHALLENGE UPDé¢
DATE: December 4, 1984
In August three petitions were filed to carve up the
Security Services Bargaining Unit and destroy the unity that all
of us have fought so hard to build. At the same time tufco filed
a petition seeking to represent the entire bargaining unit,
including non-correction titles. When its petition was filed,
the tufco constitution became public for the first time and
showed that the five original members and officers of tufco were
going to keep total control without elections through December,
1988 and that all along they intended to try to represent a
bargaining unit including non-correction titles.
Many officers who signed tufco cards couldn’t believe their
eyes! Not only had tufco petitioned to represent a unit
including non-correction titles, which it had said repeatedly
that it wouldn’t do, but the tufco leaders had also. set
themselves up in total for four years without any chance of an
election. Many officers realized that tufco, the phony union,
had peddled a phony bill of goods, so they asked Council 82 to
try to get PERB to throw tufco’s petition out so that Council 82
could get on with the bargaining. Well, we tried, but PERB has
now issued its decision saying that it doesn’t care if tufco
won’t have elections for at least four years. In a nutshell,
PERB doesn’t care if you want to fall for tufco, the phony union.
Well, we know that it matters to you, so it matters to Council
82!
Now, tufco is sitting passively on the sidelines while the
State is seeking to destroy employee unity by carving Correction
Sergeants out of the Security Services Bargaining Unit. Council
82 will defeat that attempt to break our unity, just like it has
defeated the same attempt by the State three times in the past.
Soon you will have the chance to tell tufco and its five members
by your vote at the ballot box that you are not going to fall for
their phony bill of goods and that you are not going to be their
meal ticket for the next four years. You’ll have the chance soon
to tell tufco to get lost and to tell the State loud and clear
that the unit is united and that it is united behind THE REAL
UNION: Council 82.
AGREEMENT
Agreement dated this =? day of Oeteober, 1984,
between CORPORATE CAMPAIGN, INC. (CCI) and COUNCIL 82,
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES (COUNCIL 82).
1. CORPORATE CAMPAIGN, INC. agrees that it will
develop, write, design and where appropriate provide
illustrations for up to seven pieces of camera ready
campaign literature to aid COUNCIL 82 in its
representation election.
2. CORPORATE CAMPAIGN, INC. further agrees to
establish a phone bank for COUNCIL 82 to identify. and get
out the vote. CCI will hold a training session with those
staff and membership who will work on the phone bank, for
each phase of its operation.
3. The fee payment schedule shall be $15,000.00
within one week of the signing of this agreement,
$7,500.00 on November 16, 1984 and $7,500.00 on December
7, 1984, for a total of $30,000.00. ‘
4. COUNCIL 82 shall only be responsible for receipted
expenses for transportation and the type setting of
campaign literature.
5. It is further agreed between the parties that
should COUNCIL 82 receive at least 10,000 votes it will
pay CCI a performance bonus of $5,000 within one week
following the certification of the vote by the Public
ia
pes e} i a Neen - ‘ md , bien
ee, oe A ny ra oA tm
Nov AFSCME AFL-CIO
’ ’
Employee Relations Board. Should COUNCIL 82 receive at
least 12,750 votes it will pay CCI a performance bonus of
$10,000 within one week following the certification of the
vote by the Public Employee Relations Board. Should
COUNCIL 82 receive less than 10,000 votes no performance
bonus shall be paid to ccI.
6. In the event that the campaign should become
unnecessary because of a ruling favorable to COUNCIL 82
by the Public Employment Relations Board or any other
legal body with jurisdiction over this election it is
agreed that the most recent scheduled payment received by
CCI from COUNCIL 82 per this agreement shall be deemed the
final payment and this agreement shall be ended.
iopeta
CORPORATE “CAMPAIGN INC. OUNCIL 82, AFSME
ZO
TITLE
BULLETIN
From
American Federation of State, County and Municipal Employees — AFL-CIO
63 Colvin Avenue, Albany, N. Y. 12206 EE 5 Phone 518/489-8424
TO: All Members
FROM: John W. Bur
RE
DATE: December 4, 1984
cutive Director
(2)
ro
>
=
>
rH
Zz
QQ
es
‘om,
rg
o
In August three petitions were filed to carve up the
Security Services Bargaining Unit and destroy the unity that all
of us have fought so hard to build. At the same time tufco filed
a petition seeking to represent the entire bargaining unit,
including non-correction titles. When its petition was filed,
the tufco constitution became public for the first time and
showed that the five original members and officers of tufco were
going to keep total control without elections through December,
1988 and that all along they intended to try to represent a
bargaining unit including non-correction titles.
Many officers who signed tufco cards couldn’t believe their
eyes! Not only had tufco petitioned to represent a unit
including non-correction titles, which it had said repeatedly
that it wouldn’t do, but the tufco leaders had also set
themselves up in total for four years without any chance of an
election. Many officers realized that tufco, the phony union,
had peddled a phony bill of goods, so they asked Council 82 to
try to get PERB to throw tufco’s petition out so that Council 82
could get on with the bargaining. Well, we tried, but PERB has
now issued its decision saying that it doesn’t care if tufco
won’t have elections for at least four years. In a nutshell,
PERB doesn’t care if you want to fall for tufco, the phony union.
Well, we know that it matters to you, so it matters to Council
82!
Now, tufco is sitting passively on the sidelines while the
State is seeking to destroy employee unity by carving Correction
Sergeants out of the Security Services Bargaining Unit. Council
82 will defeat that attempt to break our unity, just like it has
defeated the same attempt by the State three times in the past.
Soon you will have the chance to tell tufco and its five members
by your vote at the ballot box that you are not going to fall for
their phony bill of goods and that you are not going to be their
meal ticket for the next four years. You’ll have the chance soon
to tell tufco to get lost and to tell the State loud and clear
that the unit is united and that it is united behind THE REAL
UNION: Council 82.
Security and Law Enforcement Employees Council - 82
Om
TALWN
Security and Law Enforcement Employees Council 82
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO
63 COLVIN AVENUE, ALBANY, N.Y. 12206 PHONE 518/489-8424
WIMPCO BUSTERS
CAMPAIGN
Your kit contains:
1. Handouts on Council 82
2. Instructions for Campaign
3. Ten Record Sheets with Ten Envelopes
4. Record Keeping Information
5. How to Approach a Member on this Issue
Your goal:
1. Contact the members you have been assigned.
2. Record responses of members.
3. Get the ballots back.
Security and Law Enforcement Employees Council 82
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO
63 COLVIN AVENUE, ALBANY, N.Y. 12206 PHONE 518/489-8424
TO : Election Representatives
FROM: John W. Burke, Executive Director
DATE: October 22, 1984
RE: WIMPCO Busters Campaign Instructions
The goal of your participation in the WIMPCO
Campaign is for each of you to personally contact the
members you have been assigned.
We want you to explain to each of those members the
importance of the upcoming election. Tell them that Council
82 is being challenged by an association for your bargaining
rights. Explain that in the near future they will be
receiving a ballot from the Public Employment Relations
Board. Provide each member with information (in the kit) on
Council 82 and how we are the best qualified and experienced
to represent them. In this kit you will find a memo on how
to approach a member on this subject.
Find out if the member is for Council 82, undecided
Or against Council 82. Record their response on the 4x6
cards provided. We ask that you record the responses of
those members you reached that week on the enclosed record
sheet, mailing same to Council 82 each Friday in the pre-
addressed envelope.
Fach local has a WIMPCO campaign coordinator, who
will receive additional literature and information from
Council 82. He will be in touch with you on distributing
this information.
After the ballots are mailed out, we want you to
re-contact those members who are for Council 82 or undecided
to make sure they get their ballots back. We don't want to
encourage those who are for WIMPCO to send theirs back.
The most effective way to ensure the return of the
members ballots would be for you to collect the ballots and
give them to your election coordinator. In turn, he can
mail them to PERB. Your election coordinator will be in
touch with you on how we can assure that all ballots are
returned.
(over)
For those members who do not receive a ballot - an
official notice from PERB will be posted in the facility
explaining the election process. A specific date and
telephone number will be listed, and anyone who does not
receive a ballot can call PERB on that day, and one will be
sent to them, Offer to make the phone call for them and
have the ballot sent to their address. MAKE SURE YOU RECORD
THIS PHONE NUMBER AND DATE IN YOUR KIT.
If you have any questions, please consult your
election coordinator, or call Kathy McCormack or Chris
Gardner at Council 82 - (1-800-342-4321) or (518-489-8424).
I will be contacting you again in the near future
as further developments in this campaign unfold.
Thank you and Good Luck!
REMEMBER —- EVERY BALLOT COUNTS!!!
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO
Security and Law Enforcement Employees Council 82
63 COLVIN AVENUE, ALBANY, N.Y. 12206 PHONE 518/489-8424
HOW TO APPROACH A MEMBER ON COUNCIL 82
Start a general conversation with the employee on how
important it is to have a strong union, especially
since contract negotiations are coming up.
Give them the piece of literature on Council 82.
Explain to them that Council 82 negotiated a 32% wage
increase over the last three years, triple the national
average for union contracts.
Tell them that an association has petitioned the Public
Employment Relations Board (PERB) for bargaining rights
for the Security Services Unit.
Explain to the member that this association, "WIMPCO",
has filed with the Department of State as a charitable
organization and has never negotiated a single union
contract. Further, "“WIMPCO" is not affiliated with any
labor organization and is not part of the powerful AFL-
CIO. Explain these points in detail, if necessary.
The "WIMPCO" constitution provides for no elections
until 1988. In contrast, Council 82 will hold
elections in 1985, 1987 and every two years thereafter.
The “WIMPCO" Board of Directors ("the Gang of Five")
won't care what kind of contract they deliver, and
they'll be able to raise the dues, charge initiation
fees and abolish locals at their whim. They can also
set their own salaries.
(over)
8. Do you want to stick with Council 82 - the union that
negotiated you a 32% wage increase - or do you want to
gamble with an organization that has never negotiated a
Single labor contract? Don't force the issue - if
they don't want to answer, leave them alone. If they
Say they are for Council 82, circle this response on
the card. If they won't answer or are undecided,
circle that response on the card. If they are hostile
or for "WIMPCO", mark that on the card and do not re-
contact them.
Security and Law Enforcement Employees Council 62
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO
63 COLVIN AVENUE, ALBANY, N.Y. 12206 PHONE 518/489-8424
RECORD KEEPING
1. You have been given a set of 4x6 cards with the names
of members of your local on them. These cards will be
your records for this campaign. Your goal is to
contact each of the members that have been assigned to
you.
2. Also in your kit are weekly record sheets that are to
be filled out and sent to Council 82 every Friday.
There are pre-addressed, prepaid envelopes in your kit
for this purpose. On these sheets you will inform
Council 82 what the member's response was. Please
include the member's address and phone number when
possible.
3. Your kit contains a sheet that will help you in this
endeavor. Please mark the member's response on the 4x6
card. You should also mark their response on your
weekly record sheet.
4x6 card: First - contact with member.
Today's date °
Circle member's response:
La For Council 82
Ze Undecided
3. Against Council 82
4. Thereafter, Council 82 will be providing you with
leaflets to give to the members you have been assigned.
You should be keeping your members informed on Council
82's record and discuss the issues detailed in the
literature. The leafleting will be continued until the
ballots are sent out. You will not be marking your
cards during this period unless you perceive a change
in the member's position. Notify us if a member
changes their position on your weekly record sheets.
(over)
We will inform you by mail when the actual balloting
will begin, and send you a schedule for re-contacting
your pro Council 82 and undecided members. We will
also explain the procedure you should follow in getting
the ballots back.
4x6 card - Second contact (only contact pro or
undecided members)
Today's date °
Did member send ballot back?
‘ Yes. How sent? Date sent?
2. No. Contact again until ballot is
sent back.
Security and Law Enforcement Employees Council 82
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO
63 COLVIN AVENUE, ALBANY, N.Y. 12206 PHONE 518/489-8424
Today's Date:
ELECTION REPRESENTATIVES' WEEKLY RECORD SHEET
(Return to Council 82 each Friday in envelope provided)
%
i a ~
uy) a 5
Pa ~4
3 8 & #¢
~ fy KU a)
— ——_ —
—-—
——
Ppeptoepuf}
> asian = —~
ysutTeby a
—-
pl N oe uw) ™~ CO o>) oe oe
rr r
ttt f tit
SRRGRRRREE
SEREREREEe
12
13
14.
bbe
16
17
—
18.
19.
20.
pa
ks
eo
24.
aa
26.
27.
Security and Law Enforcement Employees Council 82
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO
63 COLVIN AVENUE, ALBANY, N.Y. 12206 PHONE 518/489-8424
Today's Date:
ELECTION REPRESENTATIVES' WEEKLY RECORD SHEET
(Return to Council 82 each Friday in envelope provided)
Refused
Against
For
———
—
“—
.
++
= |
——
a
——
oe
—
aa
—__ —_
Undecided
NO N | N NO NO NO
—aI}| O 7) > | W NO
Refused
For
Against
te
Undecided
Security and Law Enforcement Employees Council 82
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO
63 COLVIN AVENUE, ALBANY, N.Y. 12206 PHONE 518/489-8424
Today's Date:
ELECTION REPRESENTATIVES' WEEKLY RECORD SHEET
(Return to Council 82 each Friday in envelope provided)
i rs)
WY)
- 5
6 8 &
az [a a
Undecided
"ST
mal
——$_——_—_. ——— —EEE —
$$ —
min |Nl un Tule fie lei ke PPR RP Ik
SloOwrnfirelojlw lo julio a ee S| an | u lo
|
aan a.
os
Undecided
Security and Law Enforcement Employees Council 82
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO
63 COLVIN AVENUE, ALBANY, N.Y. 12206 PHONE 518/489-8424
Today's Date:
ELECTION REPRESENTATIVES' WEEKLY RECORD SHEET
(Return to Council 82 each Friday in envelope provided)
Refused
ae _
—_——.
Undecided
peptospufl
4 _——— __ . _ —_ = — —
qsuteby
2
IOj
pf | |
—_— — —-——
SSS
—
Security and Law Enforcement Employees Council 82
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO
63 COLVIN AVENUE, ALBANY, N.Y. 12206 PHONE 518/489-8424
Today's Date:
ELECTION REPRESENTATIVES' WEEKLY RECORD SHEET
(Return to Council 82 each Friday in envelope provided)
ie rm)
9)
“ Le
‘9 3 S
x fs cq
NO
—
Undecided
—
For
Against -
»
Undecided
Security and Law Enforcement Employees Council 82
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO
63 COLVIN AVENUE, ALBANY, N.Y. 12206 PHONE 518/489-8424
November, 1984
Dear Election Representative:
I am writing to.thank you for participating in the
"WIMPCO" busting campaign in your facility. As it says in
our leaflet -- it's easy to promise...it's hard _ to
deliver...Council 82 delivers.” That's our message, and
we're counting on you to bring the Council 82 message to
your fellow union members in one-on-one situations.
As the campaign progresses, we will distribute other
leaflets to you for distribution so that you can discuss the
fundamental and deep-seated differences which exist between
Council 82 and "Tufco".
Worthless
Inexperienced
Misrepresentatives for
Phony
Correction
Officers
You may be wondering why we are calling "“Tufco"
"WIMPCO". This is because the name "Tutco" is a fraud. It
implies that it is a tough union, when it is, in fact, an
association run for and by WIMPS ~~ Worthless,
Inexperienced, Misrepresentatives for Phony Correction
Officers. "Tufco" is not a union, it is not a federation --
it is a charitable organization for five self-appointed
Gictators. It doe not deserve to be called a union since it
has never negotiated a single contract, processed a single
grievance, held a single election for officers, or held a
single constitutional convention.
It has taken us 15 years to build a union that is able
to deliver a 32% raise over three years. in fact, Council
82's last contract achieved in its first year what the
average union contract nationwide achieved in three years.
Council 82 is a responsive, effective organization because
our constitution guarantees elections of our officers every
two years. In contrast, the "Tufco" gang of five has
appointed itself as leaders through 1988 with no elections!
Council 82 has a record of 15 years of consistent
progress, and the success of our campaign is critical to our
continued progress in our negotiations with New York State.
We must decisively crush the Wimps in order to strengthen
our position at the bargaining table so that we can continue
to deliver the best contract in the State of New York.
Good luck! Let's give ‘em hell!
Fraternally,
\ . gf
John W. Burke
Executive Director
JWB:SS
STATE OF NEW YORK
PUBLIC EMPLOYMENT RELATIONS B
COUNCH 87
| AISCME Ani 610
In the Matter of errs '
STATE OF NEW YORK and THE UNION OF FEDERATED
CORRECTION OFFICERS,
Respondents,
—~and- CASE NO. U-7375
NEW YORK STATE INSPECTION, SECURITY AND LAW
ENFORCEMENT EMPLOYEES, DISTRICT COUNCIL 82,
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, AFL-CIO,
Charging Party.
In the Matter of
STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL
SERVICES and OFFICE OF EMPLOYEE RELATIONS),
Respondent,
—and- CASE NO. U-7385
THE UNION OF FEDERATED CORRECTION OFFICERS,
Charging Party,
—and-
NEW YORK STATE INSPECTION, SECURITY AND LAW
ENFORCEMENT EMPLOYEES, DISTRICT COUNCIL 82,
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, AFL-CIO,
Intervenor.
JOSEPH M. BRESS, ESQ. (Richard J. Dautner, Esq., of counsel)
for Respondent State of New York, Governor's Office of
Employee Relations
JEFFREY H. BROZYNA, ESQ., for Charging Party The Union of
Federated Correction Officers
ROWLEY, FORREST AND O'DONNELL, P.C. (Brian J. O'Donnell, Esq
of counsel), for Charging Party/Intervenor Council 82
BOARD DECISION AND ORDER
Board - U-~7375/7385/7406 9
The two improper practice charges herein grow out of
the same series of incidents and they were consolidated for
hearing and decision.~/
The incidents involve actions by
The Union of Federated Correction Officers (TUFCO) to
solicit employees of New York State in the Security
Services Unit at the Fishkill Correctional Facility and at
other correctional facilities in violation of a rule of the
State on organizational activities. That rule provides for
equal access to State premises among competing employee
Organizations for the purpose of soliciting employee
Support during the campaign period. Defining this period,
it further provides:
... the campaign period shall begin no
earlier than 90 days prior to the date
upon which the incumbent organization's
representation status is subject to
challenge under Section 208 of the
Taylor Law.
The incidents also involve the State's reaction to TUFCO's
actions by, among other things, confiscating designation
cards collected by TUFCO at Fishkill on March 4, 1984.
1/There was a third related charge that was covered
by the consolidated decision. The Administrative Law
Judge dismissed that charge on the ground that the record
did not support its allegations of fact. The charging
party has not filed any exceptions to that dismissal.
Accordingly, that charge is not before us.
Board - U-7375/7385/7406 3
The first charge was by New York State Inspection,
Security and Law Enforcement Employees, District Council
82, American Federation of State, County and Municipal
Employees, AFL-CIO (DC 82). It alleges that TUFCO violated
§209-a.2(a) of the Taylor Law by interfering with its right
of quiet enjoyment of its status as the certified
representative of the Security Services Unit by soliciting
Support for a challenge to its right of representation in
violation of the State's rule. The Administrative Law
Judge (ALJ) dismissed this charge on the ground that TUFCO
has no Taylor Law obligation to comply with the State's
rule. DC 82 has filed exceptions to that decision. 2
The second charge was filed by TUFCO. It complains
that the State violated §209-a.1(a) of the Taylor Law by
confiscating designation cards which it had solicited in
violation of the State's rule. The ALJ determined that the
confiscation of the cards was a violation of the statute;
he ordered the State to cease and desist from such
activities and to return the confiscated cards, but he did
not order any posting. Both the State and DC 82, which was
permitted to intervene in the matter, have filed exceptions
2/This charge also alleged that the State improperly
failed to enforce its own rule, but the exceptions do not
address the ALJ's dismissal of this specification.
Board - U-7375/7385/7406 _4
to the ALJ's finding of a violation. 2/ TUFCO, 1n turn,
filed exceptions in which it argues that the ALJ's remedy
1S inadequate.
The sole issue presented by DC 82's exceptions to the
ALJ's dismissal of the first charge is whether TUFCO had a
Taylor Law obligation to comply with the State's rule.
TUFCO violated this rule by entering upon the State
premises for the purpose of soliciting support as early as
150 days prior to the expiration of DC 82's period of
unchallenged representation.
The ALJ ruled that TUFCO's violation of the State's
unilaterally established access rules is not a violation of
the Taylor Law. We agree. In State of New York, 10 PERB
#3108 (1977), we held that the State's denial of access to
a challenging employee organization within 90 days of the
expiration of the incumbent organization's period of
unchallenged representation was a violation of the Taylor
Law. In doing so, we noted that this conduct was also
violative of the State's own manual.
3/This charge also alleged that the State acted
improperly by threatening the offending employees with
discipline and otherwise coercing them because of their
violations of the rule. The ALJ dismissed these
specifications of the charge and no exceptions were filed
to that part of the decision.
Board - U-7375/7385/7406 m
DC 82 reads that decision as an endorsement of the
State's manual. This indeed may be correct, but only to
the extent that we held that the State's manual correctly
reflected its obligation to permit equal access for
solicitation at a time reasonably proximate to when a
4/ It does not follow that an
petition could be filed.
employee organization seeking to supplant the incumbent
Violates any Taylor Law right of the incumbent union to
quiet enjoyment of its representative status by soliciting
a showing of interest on the employer's premises prior to
the 90-day period. Neither does it follow that the State
owed a Taylor Law duty to the incumbent employee
Organization to prevent a challenger from entering upon its
premises prior to that 90-day period.
DC 82's reliance upon Gates-Chili CSD, 13 PERB 43028
(1980), 18 misplaced. It merely holds that a public
employer is under no Taylor Law duty to permit equal access
to a challenging organization except at times proximate to
an election and that the grant of access privileges to such
an organization at other times would interfere with
employees' rights to be represented by the organization of
their choice. Thus, whatever merits DC 82's argument
4/Cheektowaga-Maryvale UFSD, 11 PERB ¥F3080, 1978, Affd.
Education Association v. Newman, 70 AD2d 758, 12 PERB ¥Y7009
1979), Lv. to App. Den. 48 NY2d 605, 12 PERB ¥7018 (1979);
Education, Kenmore-Town of Tonawanda, 12 PERB ¥3055 (1979).
Maryvale
(3d Dept.,
Board of
Board - U-7375/7385/7406 ~6
concerning its statutory right of quiet enjoyment might
have at other times, it clearly has no application during
the six-month period during which showing of interest
designation cards must be signed and datea.2’
Accordingly,
while TUFCO may have violated a rule of the State, that
alleged violation did not violate the Taylor Law.
In their argument in support of their exceptions in
the second case, the State and DC 82 assert that the State
acted properly in confiscating the designation cards that
had been obtained in violation of the State's rule. They
contend that confiscation was reasonably necessary to deter
further violations and to deny TUFCO the fruit of its
wrongful conduct.
The ALJ rejected the argument on the ground that there
was a more pressing reason for the State not to confiscate
the designation cards. That reason was the maintenance of
the confidentiality of those cards. Citing with approval
an opinion of the Ninth Circuit in NLRB V. Essex Wire
Company, 245 F2d 589, 39 LRRM 2633 (1957), the ALJ ruled
5/see §201.4(b) of our Rules of Procedure. See
also Great Neck UFSD, 11 PERB ¥4517 (1978) at p. 4535-36,
affirmed on other grounds at 11 PERB 3079 (1978). The
statutory rights of public employees during this period
are set forth in County of Erie, 13 PERB #4605 (1980),
affd. 13 PERB 3105 (1980).
Board - U-7375/7385/7406 _
that maintenance of the confidentiality of the names of
persons who signed the designation cards 1S an important
protection under the labor relations statutes, including
the Taylor Law.
DC 82 contends that the ALJ erred in relying upon the
Essex decision because §209-a.3 of the Taylor Law declares
that private sector decisions shall not be regarded as
binding precedent and maintenance of discipline by public
employers is more important than maintenance of the
confidentiality of designation cards.
We find that the ALJ gave appropriate weight to Essex
as well as to what may be special public sector
considerations. He did not rule that a public employer was
prohibited under all circumstances from seizing designation
cards. On the contrary, he indicated that the State had a
legitimate interest in enforcing its solicitation rules and
that 1t might be justified in confiscating cards if they
were necessary evidence in a disciplinary proceeding for
Violation of that rule. On the record before him, however,
the ALJ determined that there was no such necessity because
TUFCO admitted it solicited the cards on State property.
Applying a balancing test, he therefore ruled that the
confiscation of the cards at Fishkill constituted an
improper practice. We affirm this determination.
DC 82 asserts that even if the State erred in
confiscating the cards, it should not be required to return
Board - U-7375/7385/7406 ~§8
them now. Instead, it should be directed to destroy them
so that TUFCO cannot benefit from the action it took in
violation of the State's order.
There may be circumstances when a public employer
might properly destroy designation cards without looking at
them because the cards were obtained in violation of lawful
rules. On the other hand, there may be circumstances when
such cards can be used as part of a showing of interest,
notwithstanding the manner in which they are obtainea. ©’
Noting that the issue was not presented by any of the
charges before him, the ALJ declined to rule on whether the
State could have properly destroyed TUFCO's cards instead
of confiscating them.
The exceptions relating to the remedy do not make this
issue any more material. TUFCO has submitted a sufficient
showing of interest in support of its current petition even
without the designation cards that the State has been
directed to return to it. Accordingly, DC 82's concern
that TUFCO will use those cards for a purpose it considers
improper is academic. Thus, there 1s no reason why we need
consider DC 82's contention that the State should not
return the cards which are TUFCO's property.
6/compare State of New York, 15 PERB 43014 (1982)
Board - U-7375/7385/7406 _9
In part, TUFCO's complaint about the inadequacy of the
ALJ's remedial order is the mirror image of DC 82's last
exception. It argues that the order should have provided
not only for the return of those designation cards, but for
their being counted as part of its showing of interest.
As we have said, however, the matter has become
academic.’
TUFCO also argues that the remedial order is
inadequate in that it should have provided "more meaningful
Sanctions" against the State and for attorneys' fees. We
reject this argument. Section 205.5(d) of the Taylor Law
permits this Board to remedy improper practices by ordering
appropriate relief, "but not to assess exemplary damages."
TUFCO's request for "meaningful sanctions" is a request for
exemplary damages. We also find no such unusual
circumstances as would require the awarding of attorneys'
fees in the instant proceeding. ©’
NOW, THEREFORE, WE AFFIRM the decision of the ALJ and
WE ORDER the State:
7/Wwe also note that TUFCO did not make this
argument before the ALJ.
8/see Westbury Teachers Assn., 14 PERB ¥3063 (1981)
Board - U-7375/7385/7406 _10
1. To cease and desist from confiscating
TUFCO designation cards,
2. To immediately return to TUFCO the
designation cards confiscated at
Fishkill Correctional Facility on March
4, 1984, and
3. To post a notice in the form attached at
all locations normally used for
communication with employees at the
Fishkill Correctional Facility.
DATED: January 11, 1985
Albany, New York
Vase d fh Msarmar
Harold R. Newman, Chairman
ie
David C. Randle
APPENDIX
NUIGE 10 ALL EMPLOYEES
PURSUANT TO
THE DECISION AND ORDER OF THE
NEW YORK STATE
PUBLIC EMPLOYMENT RELATIONS BOARD
and in order to effectuate the policies of the
NEW YORK STATE
PUBLIC EMPLOYEES’ FAIR EMPLOYMENT ACT
we hereby notify employees in the Security Services Unit at the Fishkill Correctional
Facility that the State of New York:
1. Will not confiscate TUFCO designation cards.
2. Will immediately return to TUFCO the designation
cards confiscated on March 4, 1984.
STATE OF NEW YORK
oees @ wmwaets € RW we SV wwe @ eS
SH CEewW SS SEW we Berens wee wena wee ee GS © £€ eee HS eee Cemiereenwtieewteae &F ewe eee
(Representative) (Title)
This Notice must remain posted for 30 consecutive days from the date of posting, and must not be altered,
defaced, or covered by any other material.
“Juger ©
ROWLEY, FORREST AND O’DONNELL PC.
ATTORNEYS | |
90 STATE STREET ' 7 — ey
ALBANY, NEW YORK 12207 : Cl 82
AISCME AIL C16
RICHARD R. ROWLEY (518) 434-6187
THOMAS J. FORREST
BRIAN J. O'DONNELL
RUSH W. STEHLIN
RONALD G. DUNN
MARK T. WALSH, JR.
ROBERT S. HITE
VERLE L. JOHNSTON, JR.
JOHN H. BEAUMONT
January 16, 1985
New York State Inspection, Security
and Law Enforcement Employees,
District Council 82, AFSCME, AFL-CIO
63 Colvin Avenue
Albany, NY 12206
Attention: Mr. John W. Burke
Executive Director
Re: Council 82 v. Tufco
Our File No. 10614
Dear Jack:
I had occasion to be in the area of Hudson Falls on January 12,
1985. I drove by and located Dennis Fitzpatrick's house and that
proposed Tufco lodge. As you know, Dennis Fitzpatrick's house is
at 10 First Street in Hudson Falls. The Tufco lodge is at the
corner of Main Street and Mechanic Street in Hudson Falls. It is
9/10 of one mile door to door. I am enclosing something on that
subject which you may wish to use in a flier as the election
approaches. In addition, I am sending along an idea Dick had for
a flier. I am also sending along a copy of the letter and
proposed fliers for Frank Benidetto to file with your records of
campaign material.
As the election nears, the content of Council 82's campaign
material takes on greater importance. If you wish, we would be
happy to review any proposed material before it is published to
make sure that we are not putting anything in which would give
PERB grounds to overturn an election victory.
Sincerely yours,
ROWLEY, FORREST AND O'DONNELL P.C.
BRIAN J. Q*DONNELL
BJOD/vae
Enclosure
TyTN
a Wart 2 i Gf e-
Ca iat ALAM he
AWS ES
\Z44
/ a ed a 7 ee
AL. ACA] AY 10?
BY STEVEN RICCI
GCN’Staff Writer
ALBANY - Council 82,
_AFSCME, bargaining agent for
New York State’s 18,000-plus
law’ enforcement officers has
decisively defeated rival union,
| The Union of Federated Correc-
RICCI/GCN Staff
man, Mark
mnald Rausch.
\4.
ly a 2-1 margain in the state-
| wide election held at the Em-
pire Plaza in Albany Friday.
Scoring 7,733 votes to
TUFCO’s 4,006, Council 82 won
* the right continue representing
the state’s law enforcement of-
ficials, a majority of these be-
ing corrections officers, follow-
ing a vigorous campaign laun-
ched by TUFCO through the
past several months.
“We're elated,”’ said Council
82 executive director John W.
Burke after the election, ‘‘the
officers. have spoken and made
clear their choice of who they
nued, ‘‘urifor-
are points of it
/ Or any one of us
e’d all like to be
rere where we
‘own niche in the
infortunate, but
portion the way
Page 11)
ate .- - voneoeand-said: his- organization: does :~division in the ranks-oflaw-en-
ay orf
be res
ing’ all the rule
S and will make
ew law available
y inquiring to the
%
54 ;
--
want to represent them. Now
we can get down to the business
of negotiating a contract.’
Burke said he expects contract
negotiations to begin within the
next two weeks and he added
that, in his opinion the 4,006
votes for TUFCO “‘should not be
viewed by thé state as a division
in ranks’’ but rather as a final
decree of unity. ‘‘I think it was a
healthy *thing for the union.
Sometimes people feel that
challenge is a good thing. Now
we are united,” he added.
Council 82 Victorious By 2-1 Margin
Over Cha
tion Officers (TUFCO) by near-
| 25 CENTS
engined
eo
The Results Are Final
AUTHORIZING THE FINAL TALLY at last week’s election between law enforcement re
Ferner es . . ¢"
STEVEN RICCI/GCN Staff
resen-
tative union Council 82 and the Union of Federated Corrections Officers. (TUFCO) Hag left to :
right, Richard R. Rowley, Council 82; John W. Burke, executive director Council 82: Ken Toomey, wy
Public Employee Relations Board: and Dennis Fitzpatrick, president of TUFCO. Council 82 won -_ 4
the election by nearly a 2-1 margin, retaining its right to continue bargaining for the state’s :
18,000-plus law enforcement officers.
;
Dennis Fitzpatrick, president
of TUFCO said the ballot coun-
ting by the Public Employment
Relations Board
the outcome and we're not go-
ing to appeal.”’
TUF CO vice-president, Bruce
(PERB) was Farrell also felt the outcome of
executed properly and fairly _ .theelection does not represent a
net plan to appeal the election.
‘‘We’re disappointed
naturally,’’ he said, ‘‘but I think
everything was done properly
by PERB. The different
philosophies are probably still
going to be there but we accept
forcement officers. However he
added that Council 82 spent ap-
proximately one quarter of a
million dollars on the cam-
paign. ‘Obviously over 4,000
corrections officers don’t
believe they were represented
properly. In the future, when
contract time comes again we
will see what Council 82 has
done. I would like to see Council
82 better attend to the needs of
its officers-and-pay more atten-
tion to their demands,” said
Farrell. .
TUFCO waged their cam-
paign against the incumbent
union on March 1, 1984 when
they listed a number of points
which they felt Council 82 was
not addressing.
TUFCO claimed that Council
82’s support of the death penalty
was hypocritical because of the
union’s.. support of Governor
Mario Cuomo whe has
repeatedly blocked death penal-
ty legislation. TUFCO also said
that Council 82 spent $750,000
per year of the member’s
money on affiliation dues and
has been a passive union which
(Continued on Page 11)
mits Pigg rpede, Fe Ledeen Ine Prant Arnnitaatian
BULLETIN
From
American Federation of State, County and Municipal Employees — AFL-CIO
63 Colvin Avenue, Albany, N. Y. 12206 EB 5 Phone 518/489-8424
TOs All Members
FROM: John W. Bur
RE: CHALLENGE UPD£
DATE: December 4, 1984
“cutive Director
In August three petitions were filed to carve up the
Security Services Bargaining Unit and destroy the unity that all
of us have fought so hard to build. At the same time tufco filed
a petition seeking to represent the entire bargaining unit,
including non-correction titles. When its petition was filed,
the tufco constitution became public for the first time and
showed that the five original members and officers of tufco were
going to keep total control without elections through December,
1988 and that all along they intended to try to represent a
bargaining unit including non-correction titles.
Many officers who signed tufco cards couldn’t believe their
eyes! Not only had tufco petitioned to represent a unit
including non-correction titles, which it had said repeatedly
that it wouldn’t do, but the tufco leaders had also set
themselves up in total for four years without any chance of an
election. Many officers realized that tufco, the phony union,
had peddled a phony bill of goods, so they asked Council 82 to
try to get PERB to throw tufco’s petition out so that Council 82
could get on with the bargaining. Well, we tried, but PERB has
now issued its decision saying that it doesn’t care if tufco
won’t have elections for at least four years. In a nutshell,
PERB doesn’t care if you want to fall for tufco, the phony union.
Well, we know that it matters to you, so it matters to Council
82!
Now, tufco is sitting passively on the sidelines while the
State is seeking to destroy employee unity by carving Correction
Sergeants out of the Security Services Bargaining Unit. Council
82 will defeat that attempt to break our unity, just like it has
defeated the same attempt by the State three times in the past.
Soon you will have the chance to tell tufco and its five members
by your vote at the ballot box that you are not going to fall for
their phony bill of goods and that you are not going to be their
meal ticket for the next four years. You’ll have the chance soon
to tell tufco to get lost and to tell the State loud and clear
that the unit is united and that it is united behind THE REAL
UNION: Council 82.
Security and Law Enforcement Employees Council - 82
TO 3: Jack Burke
FROM : Kathy McCormack
DATE: December 3, 1984
RE: Status of Phone Numbers and One-On-One Campaign
ONE-ON-ONE CAMPAIGN:
1) Arthur Kill
19 C-82
5 Und,
_2 TUFCO
26
2) CNYPC
79 C-82
6 Und.
_2 TUFCO
87
3) Elmira
162 C-82
6 Und.
Q TUFCO
4) Wende
(Names and addresses of those
contacted - many are different
from Brigar list)
-—Some CO's transporting fran
downstate facilities (Sing-
Sing, Downstate & Fishkill)
have been pushing tor TUFCO
Names and addresses - a lot of
new addresses
5) Summit
23 C-82
1 Und.
_1 TUFCO
25
6) Coxsackie 7)
126 C-82
40 Und.
2 TUFCO
168
8) Georgetown 9)
13 C-82
3 Und.
2 TUFCO
18
10) Monterey 11)
37 C-82
2 Und.
_3 TUFCO
42
12) Wallkill 13)
18 C-82
13 Und.
_Q TUFCO
31
Council 82 Totals
Pro—-Council 82 _ 1,078
Undecided - 161
Z TUFCO - 96
Pek
PHONE NUMBERS:
# Found
Downstate 255
Lincoln 13
Edgecamnbe 18
Fulton 22
- 80.7%
_ 7.2% |
Downstate (according
to Chet LaDuke)
386 C-82
62 Und.
_68 TUFCO
516
Mid-State
45 C-82 |
2 Und. |
_3 TUFCO
50
|
Lincoln
10 C-82
8 Und.
10 TUFCO |
28
100.0%
# Members
540
66
80
80
|
|
|
KM:
CC:
Great Meadow
Collins
Fishkill
Mid-Hudson
Mid-Orange
Otisville
Mt. McGregor
Alden
Long Island
Clinton
CNYPC
Green Haven
Capital Police
Coxsackie
Watertown
Altona
Groveland
Lyon Mt.
EnCon
Attica
Elmira
Arthur Kill
Bedford
Bayview
Ogdensburg
Taconic
Queensboro
Adirondack
Albion
Ossining
Auburn
49% of the phone numbers have been found.
phone books in, especially tor NYC,
percentage.
Ss
Frank Benedetto
Chris Gardner
351
Lo
a9
143
88
106
186
56
88
fi
120
198
134
£ih2
146
142
112
67
Le
370
385
102
58
=
159
40
4]
142
84
224
225
5,990
Kathy
573
354
767
yA
308
22
314
131
arf
924
2e3
601
274
Sat
168
E32
140
67
401
651
478
330
LD
96
172
109
204
219
192
716
543
11,321
We have gotten more
which should improve the
Security and Law Enforcement Employees Council 82
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO
63 COLVIN AVENUE, ALBANY, N.Y. 12206 PHONE 518/489-8424
November 2, 1984
Mr. Ray Rodgers
Corporate Campaign Inc.
16th Floor
80 8th Avenue
New York, NY 10011
Dear Ray:
Enclosed please find two (2) Agreements signed by me on November 2,
1984. Please sign these Agreements and return one copy for our files.
Sincerely,
hn W. Burke
/‘Executive Director
AGREEMENT
Nov,
Agreement dated this 2 day of Oeteber, 1984,
between CORPORATE CAMPAIGN, INC. (CCI) and COUNCIL 82,
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES (COUNCIL 82).
1. CORPORATE CAMPAIGN, INC. agrees that it will
develop, write, design and where appropriate provide
illustrations for up to seven pieces of camera ready
ee literature to aid COUNCIL 82 in its
representation election.
2. CORPORATE CAMPAIGN, INC. further agrees to
establish a phone bank for COUNCIL 82 to identify. and get
out the vote. CCI will hold a training session with those
staff and membership who will work on the phone bank, for
each phase of its operation.
3. The fee payment schedule shall be $15,000.00
within one week of the signing of this agreement,
$7,500.00 on November 16, 1984 and $7,500.00 on December
7, 1984, for a total of $30,000.00. .
4. COUNCIL 82 shall only be responsible for receipted
expenses for transportation and the type setting of
campaign literature.
5. It is further agreed between the parties that
should COUNCIL 82 receive at least 10,000 votes it will
ay CCI a performance bonus of $5,000 within one week
|
—
~-
following the certification of the vote by the Public
Employee Relations Board. Should COUNCIL 82 receive at
least 12,750 votes it will pay CCI a performance bonus of
$10,000 within one week following the certification of the
vote by the Public Employee Relations Board. Should
COUNCIL 82 receive less than 10,000 votes no performance
bonus shall be paid to CCI.
6. In the event that the campaign should become
unnecessary because of a ruling favorable to COUNCIL 82
by the Public Employment Relations Board or any other
legal body with jurisdiction over this election it is
agreed that the most recent scheduled payment received by
CCI from COUNCIL 82 per this agreement shall be deemed the
final payment and this agreement shall be ended.
ert TS
CORPORATE CAMPAIGN INC. OUNCIL 82, AFSME
t
ee _ Chee Duro.
TITLE TITLE
DATE
fi
Z
DOLLARS f&
LOO). CO
22179 §
i
£
fos)
| $y
MPAIEN _lpoc._
ALBANY, NEW YORK 12201
cy
STATE STREET OFFICE
69 STATE STREET
12206
Cr
—
63 COLVIN AVE.
Cc
ALBANY, NY
Corporat
EMPLOYEES COUNCIL NO. 82
A.F.S. C.M.E., AFL-CIO
SECURITY AND LAW ENFORCEMENT
PAY
TO THE
ORDER OF
Security and Law Enforcement Employees Council 82
AFSCME, AFL-CIO
63 COLVIN AVENUE, ALBANY, N.Y. 12206 PHONE 518/489-8424
ti tN
J go \ cy
Ei ,-. bs Sy : J
3 RE MEMO 4 /
is 5 DATE: 4 7 rd PA. lit / 46
ma
TO:
I]
i crom: PREM. Zz FeO
Ow hd b oo
a,
‘ | Subject: LL SD
ey, of — [EE y 7
[] AS REQUESTED [] FOR YOUR | |
[] COMMENT & RETURN _] NOTE & RETURN
[] FOR YOUR APPROVAL -] NOTE & FILE
(] TAKE APPROPRIATE ACTION [] FOR YOUR SIGNATURE
C) CALL OR SEE ME a eon _ =
{/ Y 4 Dit’ a hacked had’
‘ Vj >
O2483000 1%!
S
N\
‘
N
N
\
)
XQ
N
.
\
nN
i,
wy
}
Ns
s
EE ET”
MOccerde
e VAVISTCMAUS,.
Fs “2b eh af “3. aloe She wre ES PPO AARON EL SO PIF Pe ee ee ee ae a aie oe ap? 6 eee CEES A Ae ee er
.> vi, : / :
pa pipe SEPT ST
One Commerce Plaza, Suite 1012, Albany, New York 12210 Telephone: (518) 465-4585
COUNCIL @2
October 3, 1984 ire ATA)
~ ; Yh
TO: Phil Sparks y * =
/{, BP ied Fil tne toc
FROM: Stephan Fantauzzo“f}
RE: PR Activity - AFSCME Council 82; TUFCO-
Decertification
As I am sure you know from your conversation with
Frank Benedetto, the United Federation of Correction Officers
(TUFCO) has filed a decertification petition against
AFSCME Council 82, seeking representational rights for
correction officers in New York Staté. While we are presently
attempting to have the petitions thrown out, in all likeli-
- hood we will be proceeding with an election.
During the course of our previous meeting with the
Council 82 leadership, we discussed the usefulness of a
structural float chart, describing to members how they fit
into the organization. This chart would start with the
AFL-CIO and proceed downward to the member through his
- local union.
It was my understanding that such a chart either
existed within your department or could be easily prepared
in a professional manner. Council 82 has requested that
chart be made available and I would appreciate receiving
that information as soon as possible. Our next scheduled
meeting to discuss the TUFCO campaign is October 10, 1984.
SF: dbw
ce: John W. Burke
Frank Benedetto
cro flee preeblic serutee
CO Rt gt LIES 5 | RR LL Ste
MEMORANDUM
tT). 3 Jack Burke
F'ROM : Kathy McCormack
DATE: September 27, 1984
RE : Council 82 TUFCO Campaign
I have devised a campaign to win the upcoming Bargaining
Rights Election. Please canment, add, subtract, etc.
The campaign will consist of two parts:
1. Phone Bank Campaign
2. One-On-One Campaign
PHONE BANK CAMPAIGN
1. Turn on 15 phones at Council 82 phone bank. These, plus the 15 2
office phones, make 30 phones a day available for calls.
oO
2. Get phone numbers for all locals we have targeted for calling. .
e,
3. Schedule all statewide non-corrections locals to call their member- y/ ve
ship from the Council 82 phone bank (time span - 3 days) -—- EnCon pe
Officers, Capital Police, Forest Rangers, Safety Officers, SHTA's
and University Officers. Call presidents to set up dates.
Local Membership # People Calling Hrs. To Call
Parks 380 e. 4
Univ. Sup. 68 2 2
Safety Officers 830 10 4
Univ. Police 350 5 4
Cap. Police 65 2 2
Forest Rangers 120 3 2
EnCon Off. 235 4 3
Mid-Hudson 250 4 3
Central NY 170 2 a
2,468 38 people 27 hrs.
*Both Council 82 staff and local members will make calls (see
attached script).
©
2
4, Correction Officer calls can be done by locals and our staff.
Prioritize facilities, calling the most pro-Council 82 facilities
first, down to the undecided (see attached script).
Pro-Council 82
Arthur Kill 272 Eastern 382
Groveland 131 Wende 113
Otisville 229 Elmira 424
Green Haven 553 Clinton 891
Lyon Mt. 61 Collins 261
Ogdensburg 161 Watertown 209
Albion 159 Altona 132
Attica 608 4,586
8 Days To Call
Plus Non-Corrections 2,468
7,054
Undec ided
youth Camps 185 Woodbourne 285
Edgecanbe 184 Fishkill 706
Queensboro 170 Coxsackie 292
Taconic 82 Bedford 195
Bayview 76 Ossining 589
Lts. 280 Srgts. 300
Mid-State 125
Wallkill 150
7 Days To Call 3,619
No
Mid-Orange 281 Great Meadows 536
Mt. McGregor 284 Gabriels 60
Downstate 470 Auburn 486
Hudson 144 Long Island 352
Adirondack 186 Srgts. 300
3,099
Actual Calls - Canvass Calls:
l.
Council 82 Pitch for Correction Locals:
Hello, is ( ) there? Hello, my name is calling
from Council 82.
We are calling all our union members to ask their help in
keeping Council 82 as their bargaining unit. Did you Know that
an association has challenged our right to represent you? In
the near future, you will be receiving a ballot in the mail from
the Public Employees Relation Board on this issue. Can we count
on your Support for Council 82?
Thank you for your time and support.
Responses :
Mark the following codes next to the person's name you have
called:
If a member supports Council 82, mark a Y.
If a member does not support Council 82, mark an N.
If a member is undecided, mark a ?.
Council 82 Pitch for Non-Correction Locals:
Hello, is ( ) there? Hello, my name is calling
from Council 82.
We are calling all our union members to ask their help in
keeping Council 82 as their bargaining unit. Did you know that
an association that represents correction officers only has
challenged our right to represent you? In the near future, you
will be receiving a ballot in the mail from the Public Employees
Relation Board on this issue. Can we count on your support for
Council 82?
Thank you for your time and support.
Responses:
(Same as above)
After we have identified the “yes" and "undecided", we do a mailing:
A. "Yes" mailing - thank for support, Council 82 will continue to stand
strong on the issues in upcoming negotiations; no give backs in an
age of give backs; explain ballot procedure. (from Jack)
B. "Undecided" mailing - reasons why they should support Council 82; do
you want negotiations by amateurs when the State will be demanding
Give backs. (fram Jack)
C. Non-Correction mailing - (from local president) how good Council 82
is compared to the other association.
Starting two days before the ballot mailing from PERB is done, we call
back every "yes" and "undecided", explaining procedure for ballot.
Three days before they are mailed, mail a sample ballot with Council 82
circled, to every "yes". Ignore all" no's",
Set up Council 82 tables in all our targeted facilities and have one of
the ten election coordinators covering every shift.
Things we will need to do:
1. AFL-CIO is getting us a list of our membership with phone numbers as
soon as possible.
Beyond that, we need the local presidents of favorable facilities to
try to get phone numbers’ for the areas the AfL-CIO doesn't have.
Area phone books - Elmira, Plattsburgh, ‘Attica, Buffalo, etc.
A list of our members in targeted facilities.
All this will be used to make our calling lists the best possible
when we start to call.
Time frame —- NOW! We should start calling by October 15th.
2. Make sure the office has enough stationary for mailing, or printer
has available time. I know we have some lightweight envelopes left
from the Tier III mailing.
ONE-ON-ONE CAMPAIGN
1. Field Reps:
1. Get names of reliable people in facilities to be election
coordinators.
2. Hold meeting with these people for each targeted facility.
At meeting, divide membership list among them.
Each coordinator's goal will be to talk with each correction
officer they have been assigned. They will explain to the
correction officer that Council 82 is being challenged by an
association for your bargaining rights. Tell the CO he will
be receiving a ballot fron PERB in the near future. Provide
each CO on list with information on Council 82 - that we're
best qualified.
Find out if they are pro or con and record same on sheet in
their kit. When the ballots are mailed out, the election
coordinator will make sure the "yes" have mailed theirs
back, or else the election coordinator will mail it back for
them.
In the meantime, the election coordinator will send his list
of Council 82 supporters to Albany. We can do a mailing to
them fron their local president (or if the president is
TUFCO, from Jack). We will also call them.
Their kit will contain:
1. Record Sheet
2. Hand-out on why Council 82, and this is Council 82.
3. Letter from Jack to election coordinator on what a
valuable job they are doing.
4. Stamped envelope to send record sheet back to Council 82
(there will be a deadline to send them back).
