Official Publication of Council 82. AFSCME- AFL-CIO. oF :
Grievance Procedure
Improvements Seen by
Department Officials
AIL pendin nies of comec-
tions officers ave expected 10 be pro-
cessed! by the end of A
al
direct
‘Atright, Hollis Chase, Council executive
ances which were not returned to the
original facility for several monthy
would he solved under the new
procedure.
“L want 10 get to a zero base,” said
William Coleman, special assistant to
the commissioner for labor relations,
In the past three monthy, he sad, the
of grievances submitted by
nbers has “appreciably
boy “better than ome-hall.”
The staff time that previously was
used in processing thoye grievances, he
said, will be and is being used to study
further the entiresystem, prefe
a first-hand basis, by visit
ious prisons
“We want to get our field reps into
the field,” hedeclared, indicating that
thove central office employees will be
working to assist in solving problems
1s facilities, atthe site, in
g supervisors.
Other items on the agenda included
the possibility of allowing shop ste-
wards and their union representatives
to use telephones for official union
business right at the work site, rather
than having to look fora pay tele |
phone, Often, it was pointed out, the |
union representative has to beave the |
work place—sometimes. seeking or |
waiting for a replacement—just to |
make a telephone call to the council |
office for fi
ther advice |
Continued on Page 4
Strip-Frisk Case
Still In Court
(Court action in the class action law
suit brought by Council 82 against the
use of the strip-lrisking of corrections
1g, according to an
attorney involved in the suit
officers is conti
“There are several issues involved
the suit, sid Jeffrey Plant, an attorney
for the law firm of Rowley andl Forrest,
the untion’s general counsel.
|
|
|
|
|
The central issue is whether a wat |
rantlessstrip-rsk ofan officer violates |
his or her rights under the fourth and
4th amendmens ofthe U.S. Constitu-
tion and under federal law
Continued on Page 4
COUNCIL 82 AND CSEA WARN AGAINST BUDGET CUTS
“No more Auicas,” Hollis: Chase,
“council 82 executive director, told
some 1,500 persons atthe state capitol
Wurf Scores Continued
Official Inaction on
Prison Budget Cuts
Phere has been “not much” change
in the nation’s prisons in the past nine
cears—since the Attict uprising of
|—acconding to AFSCME Interna.
tional President Wut,
In the most recent issue of the
President's Leter, he noted that offi
aftermath of the 16
the Santa Fe, New Mexico, prison
they did after Attica’supris
Phe problemsaddressed after 3 were
killed im Antica will
in early March, during a rally to pro-
test proposed cuts in the state budget
Yo the cheering public employees
‘who braved strong winds to attend the
rally, Chase
warned that, if the 9
posed budget cuts are sustained by the
Legislature, there could be violence in
the state’s prison system reminiscent of
st in the prisons over
ae, particularly the Auica
uprising of 1971
in a brief statement
The rally’s participants, most of
whom were members of the Civil Ser-
vice Employees Association who were
supported by demonstrators from
Council 82's
number of speakers warn of
of problems that the state
governor, and the legislators can x=
pect if budgets ate cut
C
and file, heard a
number
gencies, the
wake of 33 deaths in Santa Fe
“In the aftermath of the Attica
uprising, lotsof debate took placeand |
lots of promise were made about |
overcrowding in prisons, about the
need for better pay and better training
for prison employees, and about in-
human prison conditions which led to
the riot in 1971,” said President Wurf
in his leer.
Politicians, d, have “dis
that penal
re facilities deal
ful truth
and public health
mainly with powerless constituen=
ieshelpless men and women who
don't vote and can not make them
selves heard,”
Because budget-cutting seems to
make good polities, he added, politi-
become “ruthless” about
‘cutting fundls that are needed toensure
decent conditions and care i state
ions
One of the results is rioting in the
prisons, and, recently
Mexico prison riot made most of the
headlines. But last week, 18 guards and
four inmates were injured in violence
ain. Not much has changed
at Attic
since 1971
first in the wake of budget cuts. Not
only will public employees’ jobs be
endangered, the speakers warmed, but
the welfare and the very lives of those
who live inside numerous state institu-
tions will be placed in jeopardy
Sgts Examination
lower court dismissal of the union's
complaint that the test was overly sub-
jective and left to0 much room for bi-
ed
CSEA’s rally concluded a three-day
delegate convention held in the South e
Mall convention center eat cae
Only a matter of days before Chase ba i
spoke at the rally, there were two
brawls” at Attica. Inthe second
brawl, twocorrectionsolficers were se-
riously injured, having been stabbed
with hon nnd a number
of other officers and inmates suffered
minor injuries during the incidents,
which lasted only a few minutes each
time
made knives,
Both Chase and other union offi-
cials have warned
will result
fatalities
By last year, the population in the
state's prisons had grown to about
21,000, compared with 12,996 10 years
igo. ‘The maximum security prisons
are notonly overcrowded, but they also,
are dangerously understaffed, espee
cially when the large number of ine
mate programs is considered, Cl
indicated
1 officials have warned that to
cut into programsand services in order
to pay for needed overtime for correc-
ces, even ris, also increases greatly
Council 82 and the parent union,
the American Federation of State,
County and Municipal Employees,
representatives
otified the governor,
¢ evaluatio
Inthe examination, allof the minor-
ity candidates were given a 250-point
the state agencies, and the legislators
that they are willing to work together
to attempt to defuse a potentially
la that di
and job-related by the state,
A federal court had ruled that the
‘examination must adhere tothe prin-
ples of the New York State Civil Set-
th would preclude any
Continued on Page §
ficer and
that the conditions exist
In that kind of atmosphere, union
members have said, the prisons will
remain New York State's “powder
kegs,” waiting for the spark that will
be touched off close enough.
Page 2
COUNCIL
March-April 1980
DIRECTOR'S CORNER
By Hollis V. Chase
Executive Director
A great deal of discussion was had atthe convention last Septembe
communications an the council newspaper. For several months flowing the
wa
about
Lm PERB hearings, cout oan and the like.
‘Taylor
Th
met with J
paper that you, the members, wok
Although all have come up with great ideas and
‘newsworthy, weare looking for the locals to be involved in this paper as well, We
Know that locals win grievances at the k
meetings, and hold social events such as retirement patties,
ocal officers or members would submit those items of interest to the
council, we could let the rest of our members know what is happening in various
to designa
amt,
ems that would be
level, have labor-m:
igement
would
tortheclione work with, so as to plan the next issue
pe P u
also would help if there are pictures of some of the events sent in. The committee
emphasize too much the importance of all ofthe locas in The Review.
active legislative commitiee and a politcal action committe A number of
important bill nee to be enacted ad if they ae nt, we should be working to get
Fid of those in the Legislature who oppose us, by going to the polls in great |
numbers, so that we can elect someone who will look after our bes interests. |
‘The Council 82 Performance Evaluation Process will soon be implemented.
The whole process will be different, inchuling the appeals proces. A great deal of
constantly monitored in the un
will be
Court Reporters
Allowed to Carry
Guns on Duty
A recent Brooklyn Supreme Court
ruling recently declared illegal a probi
on against court reporters carrying,
fear wien dy
The Office of Court Administration
haul issued aditectivenottocary guny
and threatened them with possible
ual prosecution if the reporters
ai
Aid so
After a lawsuit brought by the
reporter union, the Association of
Surrogate'sand Supreme Court Repor-
ters, Judge Irving S, Aronin ruled th:
under state law, the reporters: are
“peace officers,
ined to carry fie
He added that the Office of Court
Administration had no authority to
prohibit ing of firearms by the
reporters, since it was a matter for the
Legislature
i hadl been argued by the employer
that it was not discriminatory to allow
BUSTER
[THIS COULDBE THE MOST |
Fea THATS THE KEY,
law cletks to do so, while admi
tively prohibiting the reportery from
carying guns. Aronin, however, de-
eared that there is “no rational basis
He added
that, im day-to-day courtroom situa
tions, the court reporter is in closer
proximity to the judge during proceed
ings and “in
protect a judge
The ©
law
tection
the
for such discrimination
better position to
ployer jad argued that the
Koften provides "the only pro
for judges in chambers or on
ay to the courtroom,
NEW CONTRACTS
AVAILABLE NOW
|
new Council 2 contracts have |
been printed and delivered, and most
of the membership should haveacops,
Hollis Chase, council executive ditec
tor, said recently
Hamember does not havea copy, he
said, he oF she should notify the local
union president, the council staf rep
resentative, or the council headquar
ters in Albany, in that order.
eT THATS IT, MAX
PERFECT UNON BUSTER |NORNING AND ATEENOOK
New York Prisons Understaffed Despite
Joint Committee's Assertion of Adequate
Prisoner-Corrections Officer Ratio
Connell 82 has taken issue with the
8 of a joint study of the state
| Assembly which app
show that the states prisons have the
best prisonetsconections officer tatio
in the nation,
In. brief analysis of the study, the
union pointed out that, because of the
differences inthe prison systems af the
state it i difficult to make a qualita
five comparison between the New
and amy other prison sys-
tenn in the United State,
For e
ample, the analysis, noted,
exas’ prigon gystem has at large
rogram throughout the year, because
ofthe mild climate: Mast inmates who
work outside the prisons on the farms
ine guarded by officers on horseback,
with rifles
Jn California, it noted further, som
ol the major prisons have been “locked
down” tor more than a year—their
inmates ane locked in theit cells mnost
of the day, every day, compared with
New York, where inmates ane out of
theit celly rom 7 am, until 10 pam
daily
Califor
a priviny, the council's
analysis ale ayserted, have “nowhere
near the programy for inmates that
New York State does,” One import
factor in the prisons af the
ation’
most populous state is that guards
with rifles patrol inside he ok on
catwalks, and that "no gh
mixed in with the inmates.”
In both Illinois and California, the
analysistated the prison education coxts
‘not found inthe conection bud
Rather, those costs ate found in the
budget, Prison health
program in both states appear in the
state health budget, Also, the youth
and parole programy are “mixed in
with the conection budget.”
How can one get an accurate esti
2° the analysis asked
In some Mlinois prisons, it was
pointed out, there are 5,000 prisoners,
which is, “without a doubt, mone
economical.”
ds ane
state educa
New York's inmate population in
1978-79 way 19,508. I is 21,000 txlay,
yet, there are no more officers than
there were a full year ago, The officet-
tio of Auica is today the
as it way in 1970, the year before
to-inmate
the infamous uprising,
Chase suggested that members who
find it necessity to contact union
headquarters fora copy of the contract
do so by mail, everyone contacts the
focal president ora stall representative
rst, Chase said, it shoulel be unneces:
sary 10 request a copy from heaul
By Sraybell
| WANT AN HOUR FOR LUN
Tra] [BREAKS, HEALTH INSURANCE.
According to the analysis di
Council 82 of the current Departme
‘of Contections budget status, there are
106 fewer cortections officers than
are needed to do the required work,
1979-80 buelget of the D
partment of Corrections, there we
265 olficer positions approved by the
Legislature, The department has not
received those positions, In the 197479
Iudget, there were 391 positions that
were approved for “security en
nie
iment.” ‘The departne
hhas not been
given thove new positions either,
Nhe department has requested 412
positions for the 198081 budget, but
thar has beew rejected
These non-existant positions—
which werenceded and requested over
the past few years—total 1,068
On Nov. 1, 1979, the department
‘employed 7.7 officers and, on March
5, 1940, it employed 7.575, which pre-
sented another shortageof 139 olficers,
Thereane 7.913 authorized officer posi
tions in the department, but the cut
tent roster shows at short
In all, there are, because of the va
cance, 1106 fewer offices than there
should be
According to the analysis, “I isim
petative that the department be given
the necessary funds and overtime fora
‘one-year period, to implementa staff
enhancement program which, in the
end, will eliminate the vast majority of
overtime
Mhe Council 82 analysis of the cor
rections budget this year pointed out
that, as carly ay 1973, the department
allocated $300,000 for overtimeamd the
overtime expenditure for theyea
tittle more than $4 million,
978 until today, there has
om
1 the overtime cast per inmate,
‘ind most of the increase in that cost
‘has been caused by inmates having
more out-of-cell time than any other
state prison stem
The increase in the out-of-cell time,
‘according to the union
evally causes more “incide
nd-officer, and causes
Overtime in the 197380 budget of
the Department of Correctional Serve
ices was set at $3,500,000, yet, the esti-
mate for actual overtime worked is
11,500,000
There are 270 unauthorized officer
positions filled by overtime, because
the positions do not appear in the de=
partment’s plot plans. The cost for
that overtime is estimated at $6
rnillion,
Council 82 officers have estimated
that using the overtime money would
pay for the wages and benefits of
hhunuteds of additional corrections
officers,
Overtime has brane ‘concern over
the past few because, members
have complained, the requirement
that they work more than the normal
‘weck—sometimes seven days per week
forseveral weeks ata time—has placed
them under aman pressure
Many have said th er than re-
ceive rerum py fo Such overtine,
they would rather have the time off to
spend with ther families
March-April 1980
COUNCIL 82 REVIEW
Gary Walker, lft,
in
Jan. 30, 1980, during»
PRESIDENT'S CORNER
By John “Jack” Burke
Council 82 President
We ate
lay faced with a state hin
G my
We are currently understaffed
state agen in which our mene
work.
The most critically understaffed
agen is the Department of Comec-
ional Services. ‘The facility adminis
tots had requested 1,019 additional
officer items (positions), of which the
department approved 12. The Di
vision of Budget not only rejected the
412 additional items, but said the de-
partment had to cut the present offier
force by an additional
trition atthe
per month,
5 items hy a
of approximately 40
nts bualget has been
sion of Budget by
The deparim
cut bythe Di
$23,171.797.007.
ctand the gov-
emnor’s office ate well aware of the
overcrowding, anerstallng and lack
of meaninglul programs within. the
department day 1 years
The last wo disturbances at Attica
are prot of this—20 officers were in
ie ed them ial stain
the bac
that many lle we injured, somes
thing would be done. As the saying
goes: Why does someone always have
ewould think that, after
red betore they do
Well, even after officers have been
injured, the governor has not lifted the
nd the ditector of the
approved even the fill-
hii
budget has ne
year, yet, they have appros
ppriated $9,500,000 for the inflation in:
crease for the costs of food, fuel, and
Uilities
1 that thisismoracase
1 Peter to pay P
bing from both PB
The Division of Budget i forcing
Savy
the Department of Correction:
ices tooperate under these
ditions, while w
enotonly criti
short of staff, but are severely over
crowded with inmates throughout the
system
Ane
wnple of this is at Attica,
where the McKay Commission alter
the 1971 uprising recommended that
by JT. Me 1040 the inmate poputation not exceed
in 1200 During the recent two distur
Walk Fuances at Attica, there: were LR
here ates. The ta
bia father also was an otcar. the sate tna a it way in 1970
AFL-CIO ASKS TRADE UNIONISTS
TO CONTINUE SEVERAL BOYCOTTS
The Union Label and Service’ Trades
Departnentof the AFL-CIO continues
toaskall trade unionistsand their fam:
iliey not to buy the produetsor services
of the following unfair firms
= Hussmann RefrigeratorGo, Pet,
Inc, the firm which produces com
ial tebieraion cape and
Pet Daity Pro
Fons, Masel
as
Frais Donate
Foods, Stuckey’s Stores, 905 Liquor
Stores, and Vendome Liquor $i
Employees are represented by United
Steelworkers of America.
= J.P. Stevens & Co, a textile firm,
which manufactures: sheets, pillow
cases, carpets, comforters and quilts,
table linen, hosiery, towels, blankets,
and fabrics, Employeesare represented
by the Amalgamated Clothing and
Textile Workers Union.
— Kingsport P cing com
the list) include: Field Enterprises Ed:
nal Corporation, publishers of
World Book and Childeralt, Also, En
dia Britannica, Ine.
the Western World. Employers repre
cented by the Graphies Ants Interna
Ti
the International Association of Ma-
chiniss, and the International Typo
graphical Union
= RJ. Reynolds Tobacco Company
producers of the following. brands
Winston, Salem, Camel, Doral, Var
tage, More, Now, and Real cigarettes;
Winchester Little Gigars, and Prince
Albert sinoking tobacco, Employees
ane represented by the Bakery, Conec-
tionery anal Tobacco Workers Interna
tional Union,
iy imperative that the depattment
te housing. space
immediately because of the severe
ity laviliten
The department hay designated $3
anillion for the acquisition of the
cay Island facility in. New York City
andl in the meantime, Carey keeps veto
ing the death penalty legislation,
while he keeps pushing legislation for
amore lifesentencesof convicted felons,
T wonder where the hell he thinks we
ate going 10 house the additional
inmates?
ing of ns wea va
tion, We will hold them responsible
or their actions, and weare not going
to wait until someone gets. killed
either!
The department hay lost a total of
$38 officer positions. Now add 1,049
‘ulditionally-nevdedolficersto staff the
present programs, and that makes a
total of 1,387 by March L, and 1,427 by
April 1, 1980
The governor and the Division of
Bo + have robbed usof 1.427 officer
positions, which wecan not tolerate. IE
tha’ now en igh. they now want 10
cut the deticiency budget by
83,500,000, which will, undoubtedly
‘cause lay-oll for us, The state bureaue
racy is going absolutely
A reduction of 1.5 pereent in the
budget would
ay-olls, Local as-
sistance ypending inthe proposed
budget is increaved by 7 pereent, while
state purposes spending is increased
LXpercent, and inflation has incre
by 18 percent. ‘The curent- budget
Proposals ate premised upon red
‘ion by attrition of filled state posi-
tiony of 3,058 joby before March 31
1980, an additional 3,000 jobs during
al year 19NO8}, and another
sooo Joby during the fisea year
194
The impact of these reductions on
the ability of our agencies to carry out
their mandated programs isdisastrous,
Continued on Page 5
Correction Officers,
Others Get Free Bus,
Subway Rides
Comets officers in Council 82
those who may ride the
New Yok City buss and subway fe
of charge, according to a recent ruling
of the Metropolitan Transit Authority
Includedin theruling
ity police
offices, uniformed firefighters, housing
authority police officers, city and state
count officers, and fire marshals
The city's auxiliary police and fire
fighters and theit officers, however
must be in uniform to ride fre
In an atempt to increase revenues
oon the buses and subways, the MTA
had suspended the free ride privileges
in October, 1978. US, 5. Penal Seaviee
lever carriers—in regulation cap and
wearing bas in ‘tng Thad City,
pany whose major customers (also on
NYC Corrections Official
Promises Security to be
Top Priority in New Jails
New York Ci
missioner Be
promised his department's custodial
officers that their security would be a
{op priority issue in the city’s plan to
construct eight jails.
Corrections Com-
he jails would be built ifthe state
acquites Rikers Island and the city
Board of Estimate approves the plans
According to those plans, the jails
‘would be equipped with modern, cece
tronic monitoring systems, including
video and audio equipment
There have been charges by some
tunion leaders that the proposed plans
for the jails re not as safe forthe cor-
rections employees as city officials
have claimed,
Ward has said that a new classifica
h allow correc:
Fons fics greater vice in det
mining the direction of security
planning and program require:
ments—will be instituted in co
junction with the new construct
In a recent issue of “The Pen,” his
department's newsleuer, Ward teiter:
ated his earlier assurance that no cor:
rections officers would be laid off o
transferred asa result of the takeover of
1s Island by the state if the city
anal state agree to such an acquisition,
retained the free ride privileges during
that time, and they will continue to
ride fee
Those permitted free rides simply
display their shields to taken clerks or
bus driver
Among those who worked to rein-
state free transportation in the city
system was Corrections Officer Lenzie
inkriey, a member of Local 1996 and
anofficerat Fulton Correctional Facil-
ity in the city.
COUNCIL 82 REVIEW
Uni iment of Correctional Services member
commits cscss he loses during ne Merch meeting,
Grievance Procedure
Improvements Seen
Conn om Page
Oneconmutteemesnber posntedont
Aha single telephone call can save
rnnich paperwork he anseon ely hing
with the council on a stall representa
tive, itis snetnnes foun at thee 9
tio formal guievanee, just ts ormplunt
that aright bie reviled iatanalls bx
tHe parties atthe fa ilty
Awother muatter discussed wt the
repait andl mnaitenanccot metal dete
tory in thie Various prisons, Ube ate
usclul, union enmmiitter members
sald in detevting the presente ol wet
pons, especially on inmates whe ave
returning fron industrial saps, Ve
ability 1 do so, tae. ait, elininates
anny dangerony situations, nat ants
for conections officers, bat for other
For esaiple, a nutes at knives
weve pickeal up oll the pavement fram
the ate where at gran ob inmates
waited to gor through a metal detector
inside a prison recently
bers of the labor-
Coleman thd the dozen anion
ivermbets sol the Lalin-ntanagenien
committee that he would like to see
grievancesdeatt withon the local level
at if puubleans
develop that an not he bane at that
He aided, heaveser,
level, his ollice shoul be netted
Conmmosioner Ehomay A. Cangh:
Fue told the members that the “ine
huning” of Labor aanagernent whe
Lions is an-ongiing process, He
pointed out that lesan his stall have
Feet working on it lor some font ot
five ronthis,ame that te all will eon
tinue to work on niatking the prow esses
unl procestines of that selationshipy
Tov anany instantees, he sail, the pte
cess ol improving the department and
is apenationy ist question ole
fotucation for anamy who faye been
working in the tenn for many vets
und that the process can he slow at
tines. Phere may hie no overnight ny
ovements, he indicated, although
there ane some ctaanges for the gual
that shoul become evident ie shot
time—the grievance procedie, lor
example
soho Burke
President
V. Chase
Executive Orrector
Watiam Clay
‘Thomas Holland
ciate Director
dames 8%
Vice-Prosidont
trustees
Robert Ostermeler
‘Thomas inglee
Secretary
Executive Board
ame Morissy
Leonar
Kevin i
Wiliam Poole
etrey Tuttle
Harvey Barth
Randall Lyons
Michael Kelly
Arthur Fidgeon
Edward Doan
Editor John Funicielio
_ March-April 1980
Public Employees Enjoy On-The-Job
Free Speech—With Some Exceptions
For some time, there hay been a
question about whether public ev
players ate thee te potest on criticize
government ot the agencies for whet
they w
Ti general, according to Professor
Robert O'Neill ol the University of In
Liana, public employees vetann thet
Fist Ammendaient freedom af exptes
sion when thes enter publie service. He
notes, howeeer, that there ate impor
ant exceptions andl quailiations.
Tupontantantevests must be weighed
sav both sites of the akan” he avs
Not onts dev the itntevests ol the md
Uidual eiplovee biver freedom ob es
pression cut sactety att huge bene
Fits by allowing government workers
to speach candully shout sagene pis
The protessor, however, mates that
importance” interests af goverment
snus anilitate agaist complete hee
dom. For examine, there have been
Long delays itt processing grievan
coy in the cena alti in Many way
fone of the most hequent complaints
Hieane exptessed at the Lu ities andl at |
leadership mectingy aver the past sev
eral monttis, A delay of ay mmc ay
Hee or taut monty to tind out
whether a gtirvane way rejected way
nol themiostdetnonslizing bactorsin
the work place.onielovtl president baal
sai
Coleman's plan to clean the backlog |
fof gtievancey and begin to process |
vances ont a canient basis is ex |
pected to eliminate the complaint of |
Jong standing by the council's |
renubership, |
Strip-Frisk Case |
Still In Court
it is explained, the
search invulses petsany (cottetions
olliceryy whe ave neither nace
Dpuryuant te settence of imprison
nent alter couviction 1 eviene,
ane they being bell ine prestnial even
tion puisuanttothesccuring otder aa
count alter ansaignment lon am
Alo, in each tse thea were either
tundet vale attest, not was there pro
able cauyeto believe tha they were cat
tying contraband which cul ony be
dliscovered through a suip-tisk, aml
thete were no cieumistances iit
ing that the conbahanl sought wool
tue hidden on destenedl iL the deter
ants (the state and the lepartnent)
wete tequited to obtain a seal wat
tant, the suit anges
Another igsue is whether oudeving at
anember of the «lass canectiony
ollicer to perform a snip-bisk under
the citcumstanees set Font in the suit
Violates the constinutionally-protected
rights of the offives so ordered
Concctions officers were stip:
friskedt in New York State prisons
twiee during te past year |
The sana ile ems al ae |
union andlitsg |
sgumtents made that theelficieniey, mo.
Fale, aan discipline of the publicservice
tna he annpaited by excessive conto
‘easy and riticin
Hheappeatanceofucatiality, which
is esential to public servive, could be
iropandizal, iL workers give excessive
uli: sent todillerences of opinion,
sail O'Neill
sens <itizen coniaence in its work
The public imageot an
uu, lisnatel. its capacity to asain
leyistatise suppott nnd Landing sight
atv beaalversels alerted by outspoken
stall mnenbers
Finally. public emploseesolten po,
wes high sensitive information, the
uuntincl dis lonune of whic hice
rious damage governmental interests
cn ever endanges lives, he se
Fon all hese reasons, sone Timita
sionstoneyptession inthe publie sector
have beer upplield,” O'Neill si
lu O'Neill’ opinion, the stating
joint isthe 1968 U.S, Supreme Court
decision in Pickering v9. Besa of Fal
cucaton, in whids the court bell that a
teacher could not be dismisset tor
statements shout shoot board policy
without “prool ob fale Mtatements
Anovingly and tec ety made.” Pub
Fie charges containing minor extoty
weve within the public employer's
constitutional Leone of expressivn
Vhe count noted though, that thee
were many bactors that the Pickering
cage idl nor invelye aml that might
alter the outcome, sual as: personal
ata kyon inumeiatesupervisats, eve
lations of confidential infesnation ot
disruptive results
O'Neil said thar
Jol levels the haves tor dismissal oft
public employer lor statements mut
ane impaeciae, just a ane these of the
federal goverment, For example, a
Nevada schuol teacher wats dismisse
{or “unprofessional conduct” because
he public vepponedtconpuasors soe)
attendance Lass at Connecticut
teen wats livmiss for “ion
duct” aliet she diteibuted leallety at
tacking the choot adhninismation snd
its policies
hese sn other recent eases have
typhi te use such vaguesand sat
tory Language the Isis fr dist
ing cities of government policies
sill ONeill
Inv the eyes of the court, he noted,
these ave several factory whieh allest
the scape ab criticism ar protest, in
locding the ise of “public impor
tarice” and the tone ob the eviticisnn,
Public importance” relets tain issue
Which night beraised even about such
Hing ts woothing conditions, unless it
tellesty “putely personal pique.” In
‘other words if the citicismt on protest
vellesty slety concerns for all those
who wotk in the agency, it is Likely to
be viewed with more tolerance by the
Regarding the tone of the criticism
O'Neill pointe out that “the counts
have sometimes remanked upon the
restrained oF responsible tone of the
criticism ©. a Comnectiont ease sus
tained the digmiiysa of teacher patty
March-April 1980
LEGISLATIVE REPORT
By Ralph Kent
Legislative Representative
At about midday through the 1980)
legislative session, both Council 82
and AFSCME International le
representatives ae continuing to
Famer away at innpentant issues that
are before the Senateandl the Assembly
Deepa and is being paeysatedd by the
union's tepreseutatives inn the state
eapita:
A UNIFORM PEACE OFFICER
Dill iy being prepaaed by Senaton Rem
ale Stallone and Asseanbhanan Mele it
Miller andl isin he second deat, Vio
Xi percent of Council 82's meuibers
will henetit liom this bill. Phe union
hay bad many meetings in te
members’ behall helene the tinal daly
Vhs bill has aeveivedt input from all
agencies involved and all patties have
een able to meet treasonable second,
Training, upgtading qualilications,
anid a gieat degree of tequitedd prutes
Sionalisin are the outstanding assets ol
this bill
When we have the bill
Ieaalersbip and give vou the status of
the canutse take
SENATE BILL No. S119, whist
world provide binding an bination tor
deputy shelly, is being prepared in
Ile Assembly by Ea Draves, MESCME
huternational » legislative represent
tive in Many
A 25-VEAR, HALE-PAY RE FIRE
MENT BILL. is expected to he inte:
duced fy Senator Charles Cook of
Delhi, who hae mat meetings with
Dick Bischiert and the allicers at the
Woodhourne Conectional Bacilite
dhuning the chatting of the bill, Aoseu
Dlvanan Ravan Kivor of Gustin his
Joeen asked to introduce the bill in the
Assembly. Eunge support of this ene
although Pun quite sure when you te:
ceive the bill numbers we will have
plenty of activity.
TRANSFERS TO THE POLICE
AND FIRFMEN RETIREMENT
SYSTEM fon the Capital Police alli
uoud the conyervation officers isan
outstanding example ob the in
the sanious departinents have tn the
When these
swornsin as police olfieas, mabey
ollicers colliery wen
this is at esamnph
ing todo the wenk of the departments,
Bill numbers wil follow, along wah
status tepotts, We have seat the justi
cation ann aca ob the Bill to the
Revinement Sostem for response
SEEKING AND HOLDING PUB
LIGOFFICE isthe subject oltwe bills,
Senate Bil No, Vi8Zand Assernbi Bill
No. 2068. Fhe prertane ts the ehyiil
iv ol fi
ice ollicets wy hold pic
celevtive olive, Ubis iv good hill Lor
‘out bothers and sisters un the setwol
dlistietsthat want te hold posttionson
He selva! board and sanions other al
tives, which dey are nove denies
ASSEMBLY BELLS No, $182 ant
part-time
county coneetinns atfiers, Once
again, this ist hinge steps int nuahing the
contections altiver’s career an out
standing one do stan the mech
fessionals to
te ponition, to the heuclit uf inmates
Senate Bill No. 7225,
shel estates ony vie rai |
and olticers
unmunivativnyy sostenty ton sbetil’S
depaantients, isa tnnst andl needs vou
tngent support, Lvsewill beniatean
this hill
WE HAVE MORE THAN
ENOUGH JUSTIFICA FION for the
called the cortevtion olficers” beat |
Cantinet on Page
COUNCIL 82 REVIEW
Officers Demonstrate In Poughkeepsie
Against Clemency For Convict
\ gnnps of eantertions and police
ollicers demonstrated outside
Poughkeepsie theater went
festa coment benelit
1 Green Haven parison inmate ery
ing Tite eran fon thereto sep:
ny shenill
Onganiaad by Uhomas Reva
Tonner Local 152 president, and Janes
Vealescbi, acting local pesidemt, the
emonstiation ineliuded 15 ollicers
wwlu picketed the Batekavon E88 Op:
1 °Sing Out For
fancert wats hele tai
money Lor the release al Gary
MiGiven
Presidents Corner
Gonrinued ow Page 8
Hue state budget is: broken dwn
ito thier majo areas: loca assitan
state purposes, amd capital con
Loval aysistance hay the most politi
cal sunpathy of the Legislature, espe
cially inn elections year and, mote
than likely it will not becut, However,
the state pauposes budget presents
nine citigal problem, as the total ap
about S billion,
Any incunsion om state paunposes—
whic fy iy state agen es will result in
This wear is a vlistucting election
sectt. and will he cvitic ali that it will
determine whieh par will redisteier
the congressional sand state sentonial
sand ayscrnbly disticts throughout the
state, Fhe party an contol ob the teis
Hnicting, goonies to be the pats tha
will temtamn in power for at least the
est five or siy veins. He is imperative
that your deliver the message to vena
legistaens, that if thes support budget
the stijrfrisking of officers to be wn
constitutional, Attorneys for the union
Ae 5
are pursuing great vigor,
so that it doesnot happen again,
be und a
Changes mae agitinyt at superior
whom the teacher publicly denounced
a li.
Continued on Page 7
the
william Kr
‘Sheen bust, tinted
dark, bro
‘of Security Ole
The:
11798, AFSCME Council 62.
MeCavern, ashe fas sought exect
Governor Hugh L
Mle sen
ive tememe
Caney. is serving af vents
tence ton tbe sinter of at Westebiester
lepauts shetitton the Hany an Phat
tehall an 1968, He has pote steal hy an
Fans ay, at este Bary fa
pulel Ie given ecutive
meanders
Bure Far
tell. pesinlent of the Dossustate local
Uberetereneeta "burner
fof Connie 82, a cording
way to Canev's reba tetera to the
Hrargaining table alter Last vea'y job
action. bee ause the gen enor telused
Lawshnvakers,
willing toconsider executivectemencs
or MeGivernavhuestandsconsietedot
Cuts to state agencies, we will not sup
port then at eletion trae
When the state tithes over Rikers Is
Hand, we will be Laced with avery a
ca situation, that beang the difleteae
salary between New York City ent
ection oflivets aand state cotteetinns
jieers, Hhete isan anal wage dit
ference of about 91,800,
Task thar all of you write Tettry to
tHe govern seqquesting tht be fill the
ining theeve tor all of oun agenies,
teaninding bim al the severe over
‘ooveling sant hack ob inne off, and he
ced to work mandatory ever
time, at the vate of $10,500,000 Last
Send copies of your letters tor Mr
Howard Mille director of the Dist
sion of Budget, nel Senator Ralph
Marino, clhaitman at the Senate's
Crime and Correction Ganmitter
Alva, senel cypies to vou ten distnet
senuaton andl assembhvanan, Sinee it iy
sav election year, Lam sine yout ellorts
will he ellevtive
Sergeants Examination
Continued from Page |
Counc iT 82's suit is hase on the con
ention, aecoiding to an atamnes
wonking on the «ase, that each em
ployee should reveive his an her scone
based on the examination, without
van banuy being given te anvone, te
ggatlless of tate, tligion, color, on
sient
Inadiivion, theunion seeks toetint
inate a systems which, in-any way
amight he
tions, oF on wlin stands in favor with
hase on personal connec
the bosses. Phe examination, i is aye
serte, shold eliminate, ay kar ay pose
sible. any bias anal subjective evaluate
ions by supervisory at other basses,
and the test should fie scored inthe
same manner for everyone
he indications ate that the appeal
should be argued! some time in May,
the attorney si
Page 6
COUNCIL 62 REVIEW
March-April 1980
Morrissey Sees Union Strides
During Past 12 Months
Daaring the year that hay paysed since
Council 82’ jobaction, "great sides’
have been made in several aneay,
couling to James Monissey, chairman
of the conection policy committer
Intheimprovement ofthe grievance
procedure, hes
the factsand the union's position. The
timeliness of the answers could he bet
ter, but at least, weare getting answers
for a change... several sustained in
favor of the union
FDA: Middle America
Has The Drug Problem
The drug problem in the United
I “theanswersteflect
States isa “mnidddle America” problem,
acconding to Dr Jere E. Goyan, com:
misioner of the U.S, Food and Ding
Administration.
suid vecently that the prob
is not confined to the |
Guy
Fen with day
young, 10 allluent “swingers
society's misfits, Rather, he std, legal
a
and, heads, people can do something,
about te probletn
igs have become a major problem
Quite simply, we Americans take
too many digs,” he declared. "Weaate
anv overneticated society, We think |
there isa pill Hor every il.
Avat phananatist by raining, be if
anilian with the theraputic value of
hing, but he wones about osenmedt:
In On the average, Goan saa,
Amica take isp
Disciplinary actions “have been
Monrissey said,
noting a reduction in the number of
slowed to at crave,
counseting memoranda and an in
ceased use of serbal, instead of writ
ten, counseling
The penalties sought are not ay
geousasthey were in yeaty past
Even though wedon't
age with penalties, we all know that
these have been big problems since the
(Commissioner Benjamin) Wand at
ininistration, This type of lormnat hay
Delagued the comune for yea
Morrisoey added thatthe ne cont
missioner af conections, Thomas
Conghlin,
thetic ear towand the problemy of cor
sexs to have a sympa
rections officers
Coughlin appointed a task force
Incadel by his ypecial aysistant for ba
hoor relations, William Goleman, to
study the problems of the conections
officers in the workplace
The union way asked to participate
in touring the builities,sothree union
avives were included: John
Vhomas
repneser
Burke, council president
Holand,
and Morrissey
‘Westanted at Ossining and Fishkill
and expanded 10 Great Meadow, Cos:
suckie, and Elmina,” Morrissey noted
The complaints were the same—no
aglievance answers, too
ing, outrageous discipline changes
Coughlin, said Montes, hay sent
Meeting a
Ininisteed in
1 with 31 hogpital say, each
American takes 12 prescriptions per
seat
He seems to me that is just ton |
snc he sid
Vranquilizer prescriptions total |
about Five billion pet sea, he noted
tox often, the. evo
| addition sometimes
results
His advice tothe buying public, in
lading over-the-counter drugs
= Don'texpect a prescription every
time yout visita doctor
= Don’ look for aminacledragora
pill for every il
= Don't take medicine unless you
absolutely need it, ‘That is, only when
needed 10 teat dise
es. oF improve
health,
= Get proper test and exercise and
maintain a healthy, balanced diet
= Follow closely the doctor's ine
structions for taking any metic ine, as
wellasinsouctions accompanying the
prescription,
BUSTER
enters r
sition on all of the problem
Dreaded, "we in the La ities have felt
the impact in the reduction of (such)
Another constant complaint heard
hroaghout the group's travels is that
there is not enough money. New York
City concations olticers: make mote
anoney than state connections officers,
he pointed out, adding that thete also
Several private industries that
leave us in the dust
We have been screaming this for
years andl it iy number-one on our
priority lis
niced an upgrade for comrections ofl:
* Morrissey asserted, “We
cers, and this is where we have tuned
most of our energies. Lo not know
hhow successful we will he, but we are
going to give it one hell of shot
fortis
NEWS BRIEFS
WAGE GUIDELINES RISE The 7
percent wage guidelines set by Presi
dent Carter some time ayo may rive by
ais mmcl ay 2.5 percent i
committee proposal isapproved, John
Dunlop, asivory commiter chs
nan seventy sid thal the neconmnnenda
sion calls for a “range” of hom
percent 1 M3 percent, Thiy greater
Hesibility, he said, is. appropriate
‘considering the number ol settlements
in coniacts negotiated last year that
ate thn the guideline figure
ween
COPRTSUPPOR ISUNION RIGHT
=A Tennessee com awarded
AFSCME a temponary restiaining
fonder against that state’y governor
keeping him trom enforcing a state
auionney general's tuling that only
ational organi
sate ase ition —m
ation could represent slate workers
union presented
int Tennessee. So, the
mone than 1,000 signed dues check-oll
US. House Still
Considering Police
Bill of Rights
The International Union of Police
jony recently conducted i re
Assn
gion
number of issues were discuysed, in
cluding a “Bill of Righty" for police
ntlicers
‘omlerence in Chicago whete a
Flweconlevence, which amiseted te
esentatives hom several states, headed
by IUPA President Edu
5 tactics and
emphasized ongania
legislative issues
Sill pending belone the US. Howe
of ee
TAR. he Lane Fnoertet OL
teste Rights. Phe meayate gia
olficialy dive process
ranters police
rights during administative invest
sation
= Training by Comell Univer
sity personnel 10 improve local
labor-management meetings and
relations, through state-funded
seminary,
= Changes, through negotia
tion, in the new Performance Eval-
uation System
= Attendance: at local Lahor
management meetings to aysist the
local officials in their daily prob
Jeans with local
that the union iyattempting toresolve
listed the following,
= Panicipation in statewide
labor-management meetings on
several of the mote pressing issues,
such as the redeployment of stall
and the use of the negotiated
{$100,000 in training funds,
= The numerous issues betore
the courts, suet as the Taylor Law
fines from
ity
lenge tothe comsttionalit th
Faylor Lat itself
Phere still isa Jot 10 be done,” he
anserted a Jot of toon fon in
provement, annd we are trying.”
TM GOING TO ASSIGN
I
MY TOP OPERATOR
‘TO THIS CAMPAIGN.
HE’S TOUGH ON UNION
MAX, COME ON IN HERE!
By Srayber
TTL
aly, secking recognition for cortee:
tions employees ata large state facility
near Nashville. A hearing on a pet=
inant nt resteaining onder iy sched
fo Febuaty
REAL PEOPLE ON RADIO & TV
ions Workers of
H
Fsing campaign Teaturing network
radio. and television spots of CWA
workers on the job and om their awn
time, Newspaper advertisement aly
will he used, Said CWA. President
Glenn Watt “Today, only one Amer
ican in live belongs to a union, We
must get oUF message scrays to those
who are not awate of the great and
good things the kabor moxernent hay
AFSCME, Iuay bad a
similar progtam for some time
NO MOOR COORS—When the wor
an behind the cash register at the
complished.
R
fused tw weat a "Conrs
in Pueblo, Colorado, re
jake Wt
Yours” button, she way promptly fired
ygement because she would
te with the wishes of the
mny representatives, Nor
Pledger, presidentol the Col
AFL-CIO, leaned of the incident and
pulled the state federation Seonvention
‘out ol the hotel, even though the meet
A the last
minute, Local 2102 ol the Steelworkers
ing was only days away
came through with theuseol their hall
for the convention, AEL-CIO Brewery
Workers DAL
Coors Brewery in Golden, Colorade,
$605 ison strike at
for decent working
PROTECE YOUR CIVIL RIGHTS —
‘Geuing Uncle Sam to Enfowe Your
iid Rh isahe le new pa
pet published by the U.S. Com
tnisson on Cid Rights. Hines
information on how
complaints, lity acts on discriminit
st the aging, Handicapped,
and non-citizens, and gives addresses
nl where to file
tion
for government agenciey whieh cam
help. Generally, it gives valuable ase
1 divrimi-
sistance in the fight
nation based on race, color, sex, tele
gion, or nation,
the paumphle
Publication
origin, Fora copy of
ask for Clearinghouse
Rights
I Plaza, New
US. Givil
Commission, 26 Fede
_York, NV. 1007
| CLASSIFIED
ADVERTISING
Neither the Review or Council 82's
offices, staff, or members make any
claimsabout any item that is listed for
sale in the classified columns, nor will
any of theabove be held responsible for
the results of any of the transactions.
“Theadvertisement fo sale or purchase
is limited tomembersof the union and
the items advertised must be for pet-
sonal, not commercial, sale, by the
union member.
Thisisa free service for union members,
Pick-up truck, 1975 Ford Explorer F-
100, with V-8 engine, automatic
transmission, power steering, ce
radio, air conditioning, and_m:
hel, 60,000 miles, $210, 518458
7581. Clinton.
Electtic stove, Frigidaire $0" range
One burner element needs to be replaced.
Large oven. Good for camp. Albany
area, $50, 518-462-1388,
1973 Scorpion snowmobile. 26 hp.
twin. 500 actual miles. Good condition,
$300, 518-492-7531.
COUNCIL 82 REVIEW
mina
areflon Coder, AFSCME international duce
SCI
Pletured, from eft,
Local Leaders Urged to Seek Participation From |
Many Rank and File Members at Local Level |
Abwnt 130 Council 2 local leaders
were urged eater this yeat to begin to
delegate responsibilities in their lor
cals, ay a major step in making their
Feauershipy more effective
The members attended a two-day
leadership, taining seminar atthe
Thruway House in Atbany- inv mid
ary, the Fist such large group 10
undergo training by a team
AFSGME Intern
partment staffers,
education de
One of the questions to be asked in
determining the way to more effective
leadership, said Dave Williams,
AFSCME education ditector, is "How
many people can w
in things?”
He urged the local leaders 10 “get
‘out in front” of their members, stimu
Tate them to action, and, most impor
tant, “don't destroy their interest and
their potential participation.”
That interest and participation
often is damaged or destroyed, Willi
fam said, by leaders who portray the
daily routine of running at local union
as drudgery anda dull, tedious work
generally.
Williams also urged the local leaders
not to do all of the work themselves,
even though "sometimes it’s easier
do it ourselves.”
1, human sort af
to try to Find someone
tohelponaspecific project, fail wind
ely, then decide
+ just to do it and forget
ion, he indicated, i, in
encouraging more and
ulefile members to begin
to participate
Grievances and strikes are examples
of situations in which many members
can participate, he noted, even when
the grievance iy lost. “Winning it
sometimes doesn't motivate
people,” said Williams, “Often, it
causes people to rest, back off
W's the participation, however, he
reiterated, that brings the members
into the foretront of local union activ-
ity, im any such activity, whether i is
an important grievance ora strike,
Hf some antitudes have changed
if some people walk away with ae
the program
Williams
newed commitment
will have been a success,
said of the training seminar
Onthe second day, Richand Rowley
the union's general counsel, told the
members to “keep hammering” at
New York State's Faylor Law, which
prohibits strikes by public employees
and sets easy penalties for such
actions
Many unionists around the state
consider both the prohibition of
strikes and the penalties attached to
%
i
Hollis Chase, Council
rrecutive director, addres
uncll-wide Ie rap {raining seminar held at the Thurway Ho
mid-winter co
ier toa head bl trom the let,
ms, AFSC!
strikes 10 he unconstitutional, and ave |
working to change the Taylor La, 0
give public workers the same rights wo
collective action as their brotlrs and
sisters in private industry
Subjects discussed during the pros
gram included: conducting effective
labor-management committer meets
ings. using grievance procedures effe
tively, the role of steward in at loci
union, the dite
U responsibilities
of local union secretaries and teas
ay, properly: conducting local elev
tions, and the general steuctune of the
American Federation of State, County
and Municipal Employees,
n of the
the opening sess
James Sipe, council vice president; Chat
VE International education decir, and Jobm Burk, counll
which was
Conducted overs two-day period.
Legislative Report
Continued from Pay
Will What we sells i your de
termination to move sour senator and
assemblyman on the bill, Hf you want
it, you haveto Light to gett, Nobexiy iy
going to give you the heat bill, unless
vou get out and let them know where
you're com
COUNCIL ¥!
the subject of psschological screening
fr
ats cralted a bill on
of all new conections alfivery, and is
camnently writing the justification for
the bill. We will have'more om this in
cor nest leadership 0
iting,
These hilly ae essential our
Inembers, etc im ity own wa, amd
they ate all receiving an all-out elfort
fon the part of the council and the
internat
Inonder to have a successhul legisla
tive progeam, we all must get it
gether and vt
senators and assembly men when they
are home for the weekend, Send letters
to theit offices, and give your teayony
for justificuionyof these hilly. A basi
ass roots program is the best couse
to fallow
Well keep you up-tosdateon thestae
with the visity 10 your
tuyof each bill, and then, you must dig
in again, to get some movement, We
will be sending the voting records of
Iegislatory and the makeup of the
committees whiel tied up the bills
we're workingon, Uhen,i’syour turn
Let them know il you'te satisfied with
their record. M1 it’s good, make it a
point to thank them. If it's poor, let
them know you feel they failed om the
Remember,
Sodothey. We
all ike a pat on the hack when wedo a
position you are takin
weall work fora livi
good job, and sodo they, Wealso know
appens wien we doa poor job,
We should fer them know it, if we
think they have dane poorly in some
“WS your job, Don't wait for mane
agement to make it better. H's up to
von. Good luc
Public Employees
Free Speech
Continued fo
Page 4
The nature of the a
internal discipline sad the potent
eftect of public criticism will vary con-
siderably among agencies,
imple, federal court of ap=
pals hat held that tense situation in
the Panama Canal Zone limited the
rights of membersof the police foree to
For ¢
eco ag pie coding 1
Y Neill
Vet, police officersare not deprived
of fhee speech
“paramilitary
imply because of the
)’Neill.“"The Maryland Court of Ap
talus vig la
hontt agency morale 01
station, even though
the consequences forthe agency could
De quite hanmtul
Another federal appellate court
O'Neill added, hay upheld the rig
‘controversial Chicago policemt
protest publiely the polie
superior.
decisions have been reached.
with regard to outspoken firemen,
further indicating that the need for in-
temal discipline ismerely one relevant
factor,” said O'Neill.
Seen Ra STANT
3
COUNCIL 62 REVIEW
Officer Bob Dragoon and "Ebony" on Parade
Clinton Corrections Officers Ride
Horses to Please Children
Hoses have always been an attic
tion ton people ab all ages, espe ially
childven,” says Conections Ollieet
Bob Dragoon Laval 1272, Dannemona,
With that in snind, Dragoon ane a
Fellow Local 1272 oliver, Bob Fletcher
have develop their own way ol
reaching aut to the community
ough the thiee horses they ride in
parades and in vatious events aiound
the state
Phe two olficers, representing the
Depaarttent of Correctional Servieesat
comamunity events sch ts conunty atid
other Laity, taketheit greatest pleastne
according ty Dragoon, in entertaining,
handicapped and divadsantaged hil
These events allow uy to partici
pate in what weet isthe most reward
ing pastime esisting, entertaining
childien,” said Dragoon,
He and Fletcher, bie added, “look
Lonwand wevery chance we have wen
joy the delighttul smiles snl aanavet
expressions ol the hildien and parents
when the youngsters aieallowed 1 pet
aun vice the honses,
Such otlduty activities, Dragoon
said, give the two ollicets personal st
tivfac tion sand, at the same time, por
thay conectiony allicery in general as
professionals, ay well ay amily men
who enjos working with and being
with chikdten
Ebony
cused by Dragoon and Bletchea,ivatey
istered Lippitt Morgan,
done al the thier horses
March-April 1980
NOTICE
TAYLOR LAW
210 HEARINGS
oe ratings tebe
whi wet ead
a
Holland, associate director of the
coal
Foy the 2 mon, en
cael the ctcanmaanves
The State Office af Emplavee Re
sping. determine
ue esibership of the
aia tena bre bn
review by con atti
York City.
ties, yet safety officers are given no more than a plait to protect
, Local 1790 president."
" Sb ith,
talks with Zephinia Hardy, let, Dan Tosielio, and Ronnie Brown, far right, Council 82
low, picket
