AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-ClO
63 COLVIN AVENUE, ALBANY, N.Y. 12206 . PHONE 518/489-8424
econen — Security and Law Enforcement Employees Council 82
August 31, 1983
Mr. Bruce Farrell
2 Hudson View Drive
Newburgh, New York 12550.
Dear Brother Farrell:
Enclosed you will find your grievance which was received in our
office on August 25, 1983.
We must return this grievance because you have not cited any
contract article which you allege to have been violated. If
it is to be considered a non-contract grievance you must check
the appropriate box. As a former local president, you should
be aware of the procedures to be followed in filling out grievances.
I feel I must also note that insofar as you have no right to
solicit for TUFCO Insurance while on duty, it appears that your
councelling memo is appropriate, and thus, your grievance is
without merit. We do not make it a habit of supporting opposing
organizations by defending the actions in our grievance procedure.
If you have any questions concerning this matter, please do not
hesitate to call.
w/a. Z 4
of
Hollis V. Chase
Associate Director
HVC/dmE£
ENC. Y
cc: John Burke “
Richard Bischert
ve
COUNCIL &2
; -
GRIEVANCE FORM
STATE — COUNCIL 82 oe,
Security Services Unit PV TSL Vv Es
Security Supervisors Unit AFSCME AFL-CiO
(Local SG 7S
&
Department or Agency DOCS. Grievance Nos. (Agency
(OER
Prior to initiating a formal written grievance pursuant to this Article, the employee or the Union is encouraged to resolve
disputes subject to Article 7 informally by reviewing them with the appropriate immediate supervisor.
STEP 1
(To be presented in writing to the facility head within 10 days* of grievance)
PI FASE PRINT OF, TYPE
Date submitted
Agerieved employee(s
Work location
Employee’s representative, name and title
Provision of Council 82 Agreement involved: Article. ess § SC éNNoornle [J
o a
- Date grievance occurred < =
Statement of facts:
Sze arAeked ;
Remedy sought:
Signature of aggrieved employee-o —— ts, >
union representative: - KZ a LE
ZZ. -, Tf
STEP 1
DECISION
Date received Stk J3 Zs Date of review meeting — i -/ b €3
(Facility head or designee shall meet with the union within 7 days of receipt of grievance;
decision to be presented in riting within 7 days of meeting.)
LE
Decision:
. = sa ’ B. 7 a . a ‘7
Grievance denied. The counseling memo was appropriate and will not be removed
at this time. The grievant, while on duty for the Transportation Unit, was involved
in an unauthorized activity. |
Date decision presented Superintendent
Signature and Title
* Days shall mean calendar days.
OER-14 (1/80)
GRIEVANCE
STATE _ COUNCIL 32
I WISH TO FILE A GRIEVANCE CONCERNING THE COUNSELLING MEMORANDUM WHICH I
RECIEVED, DATED AUGUST 8, 1983, GIVEN TO ME BY F.E. NUITE, JR. ON THE FOLLOWING
GROUNDS:
THE COUNSELLING MEMORANDUM STATES: " THIS IS TO CONFIRM OUR DISCUSSIONS
OF 8/8/83 REGARDING A COMPLAINT RECIEVED BY CENTRAL OFFICE LABOR RELATIONS
-++ CONCERNING YOUR ALLEDGED PROMOTION OF "' TUFCO '! WHILE ON TRANSPORTATION ASSISNMENTS
AT OTHER FACILITIES."
'' I MUST ..., ADVISE YOU THAT SUCH DISCUSSIONS OF THE " TUFCO " ORGANIZATION
---MUST BE LIMITED TO OCCASIONS WHEN YOU ARE OFF DUTY AND OFF THE PREMISES OF FACILITIES
OF THIS DEPARTMENT AND YOUR FAILURE %O COMPLY MAY WELL RESULT IN ADDITIONAL ADMINISTRATIVE
ACTION BEING TAKEN AGAINST YOU."
I BELIEVE THAT THIS COUNSELLING MEMORANDUM FAILS TO STATE HOW I HAVE IN ANY WAY
VIOLATED ANY RULES OR REGULATIONS PROMULGATED OR ENFORCED BY MY EMPLOYER. I WISH TO BE
INFORMED OF THE REGULATION WHICH I HAVE VIOLATED.
I FUTHER BELIEVE THAT THIS COUNSELLING MEMORANDUM VIOLATES THE SPIRIT AND INTENT
OF THE COUNSELLING PROCEDURES BECAUSE COUNSELLING IS SU?POSED TO BE DIRECTED AT CORRECTING
AN EMPLOYEES BEHAVIOR AND IMPROVE HIS JOB PERFORMANCE AS A PROFESSIONAL CORRECTION EMPLOYEE.
. THIS COUNSELLING MEMORANDUM DOES NOT DO THIS. INSTEAD, IN -MY OPINION THE MEMORANDUM WAS
ISSUED BECAUSE THE LABOR RELATIONS DEPARTMENT WISHES TO RESTICT MY FIRST AMENDMENT RIGHT
TO FREEDOM OF SPEECH; AND FURTHERMORE HAS VIOLATED MY RIGHTS TO BE AN INDIVIDUAL; AND
CONSTITUTES THE MOST BLATANT FORM OF GOVERNMENT HARASSMENT AND CENSORSHIP.
REMEDY SOUGA&T:
I WANT THIS " COUNSELLING MEMORANDUM '' REMOVED FROM MY PERSONNEL FOLDER AND ALL COPIES
OF IT GIVEN TO ME PERSONALLY SO THAT I CAN DESTROY THEM: I ALSO WANT A WRITTEN MEMO FROM
LABOR RELATIONS STATING SPECIFALLY THAT I WILL BE ALLOWED TO TALK ABOUT " TUFCO '" ON
STATE PROPERTY.
Tack Cay
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
May 20, 1983
Dr. Alan S. Chartock
Project Director
Professor of Political Science
The Legislative Gazette
Room 015 - Draper Hall
135 Western Avenue
Albany, New York 12203
Dear Sir:
I am writing this letter in regard to an article which
was published in Vol. 6, No. 15, May 16, 1983 issue of
The Legislative Gazette entitled "TUFCO denies challenge to
Council 82", by Lori Van Auken.
It has been my understanding that The Legislative Gazette
is a newspaper for articles of interest pertaining to the State
Legislature and pending legislation. I was very disturbed
when I reviewed this issue and read the above named article.
The same day this reporter was gathering information on
this article, we had 200 State correction officers at the
Capitol lobbying for a change in the Tier III Retirement System.
There was no mention whatsoever of this printed in The Legislative
Gazette. This is irresponsible journalism, and certainly does
nothing for the credibility of The Legislative Gazette.
incerely,
LO Lb en fo-—
John W. Burke
Executive Director
JWB/dmf
ghd BAAN pe eae we. aby, Cope bg ee s
them are so outstanding that they might oo: he
serve as models for the state and nation. . detail, the wide range Orerese
You may be interested in a report that I available in the independent sector. — :
was privileged to write, entitled, “On- Lawrence Podell, Ph.D
Campus Child Care at Independent Colleges Professor of Management.
The Legislative Gazette
‘
_ Published weekly in Albany for the legislative community by State University of New York College at New Paltz Faglish
Journalism, Political Science and Economics students in cooperation with Rocketeller College of the State University of New
York at Albany and the College Foundation at New Paltz,
Project Director , Editor
Dr. Alan S. Chartack Glenn C. Doty
Professor of Political Science Director of Journalism
ch Assistant Editor City Editors.
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Richard Klein |
Reporting Staff; Marlin Adams, Janct Aschkenasy, Patricia Bell, Linda Bewick, Daniel J. Bicker, Nancy Bruce, Michele Brunet,
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Lashway, Ivy Leon, Nadine Lewis, James Lowney, Beverly McClain, Patty Moran, Karen Newins, Jennifer Nislow, Amy Pater,
Dawn Porpora, Vivian TVodjni, Lori VanAuken, Lori Vantran, Diana Werben, laura M. Yannazzone.,
Advertising Manager Business Manager
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Gazette Accountant
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The! ‘Union - of - Federated . Correction * ‘otticers:
ent of anew union in the Hudson Valley area. —s -
Dennis J. Fitzpatrick of Colonie, head of the.
UFCO, said ‘it is TUFCO’s intent. ‘and purpose to.
‘challenge district Council 82 of the American |
tFederation of State, County and, Municipal |
“Employees, AFL-CIO, as the anctimatve: bargain! ng -
agent.”” -
i. Fitzpatrick said this action is being undertaken by
}dissatisfaction with Council - 82. The Union of
;Federated Officers believes that Council 82 has lost —
tthe support of rank and file membership and TUFCO
Relation Board (PERB) for a representation election
decide who will represent them in collective bargain- ;
gine wioth the State of New York, Fitzpatrick added.
? a RAG
‘ orrections union formed a Pale “ :
ssociation: (TUFCO) has announced the establish: - .
*TUFCO due to’ the widespread rank and file .
yfully intends to petition the Public Employees ©
Sthat will allow tbe rank. and file the opportunity to |
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yaad . _ | C)1984 by The kearst Corp. :
fr) No. 235 25¢ Albany, N.Y., Thursday, April 5, 1984 ES 2212 , Home Final
SPS 296-780 ry
ae By ERIC FREEDM | | sak eile 4s pliae
t aa iieriecsh News sanilel Bares harghip eoiad ae Pod a cask th iy ali angus, Spee A UECD ea ithi
A no-holds-barred battlé is under way for the hearts, minds flying. en Se " already a oe -_ Says a TUFCO victory means “our existing ‘aid bead of eGometieGerea P ' cy omen |
and dues of about 15,000 sta i Smell , , ract Is no longer in effect.” B n Folicy Commit!
personnel. ) ) state correction officers and security And the controversy could delay the anticipated fall openin Governor’s Office of Employee Relations atthe mie Council 82 Executive Director John Burke counters tl
HiSadie’ bdo ig tie docstoc th | of negotiations for a contract to take effect April 1, 1985. existing contract would be technically wold all ik a union has negotiated better contract settlements thar
American Federation of | State ‘county, ana Mun Pose ay mer beth TUFCO and Council 82 have filed improper quid continue in effect._ : 7 ober state tivo,
: : ic : c j ; ' , : | ;
mae which contends it is an effective advocate for its Board (PERB) stemming ogden irene t oN ad Ee reotia) Brozyna asserts Council 82 has “lost of poe hes The aa ‘some aeons
members. - Pelee @ ' | ouch” with its members and has been “passive” in j a contents, burke said some correction officers
| On the other is TUFCO, The Union of Federated Correction. eis the Conti #2 nei Fishkill Conor ie ae ice Ee ee general discontent misled maemo d ee ee ene
ba ; ; rectional Facilit ouncil 82 Si ny s even betrayed.”
2 “ee — aeeris Council 82 lacks independence and is n a County questions the commitment of TUFCO ‘dealing with the slate,” Brozyra sail + aianen eee te “It was Council #2 alone — other public sector unions |
: ti n : . ‘ . , ° ; S i
—“tuled by an elite. | B —_ o the well-being of correction officers and TUFCO’s five directors have held leadership positions Continued on P
| | 7 ed op Pay
SS fires
,
Congre
Thursday, April 5, 1984 |
tat KN
FROM PAGE ONE
Battle rages over correction aides...
‘CONTINUED
that resisted any erosion and kept time and
attendance disciplinary proceedings in our
own arbitration jurisdiction,” Burke also said.
He continued, “The state tried to reduce
,-workers’ compensation leave, We would not
\
}
ee SS.
af
at
let them. Other unions also failed in this
‘ regard.”
Under the Taylor Law, TUFCO’s petition to
_ force a representational election must be
"supported by at least 30% of the members of
, the bargaining unit.
t
TUFCO is now soliciting petition cards to
’ file with PERB in August. Negotiations on a
‘new contract would be delayed until the
A * question of who represents the bargaining unit
«is resolved.
4
In its PERB charges, TUFCO accuses the
.. State of improperly confiscating 30 signed and
'41 unsigned confidential union membership
authorization cards at Fishkill. The state
', defends the seizure as legal under an Office of
« Employee Relations policy that does not
“ require the state to give a challenging union
controversy.
equal access to government facilities until
May l..
A state Supreme Court hearing is scheduled
in Albany Friday on the same issue because a
TUFCO lawsuit contends it will take too long
The attorney general's office will ask to
have the suit dismissed on the ground that
PERB has exclusive jurisdiction over the
The lawsuit doesn’t name Council 82 as a
defendant, but Council 82 attorney Richard
Rowley said, “We're examining the (legal)
papers and preparing to take appropriate
action.”
The’ improper practice charge filed by
Council 82 accuses TUFCO and the Depart-
ment of Correctional Services of illegally
acting “in concert” to allow the challengers to
solicit signatures on prison property.
Correctional Services information officer’
Lou Ganim said his department is “absolutely
neutral. We've got both sides after us. You
can't be more neutral than that,” Ganim said.
On Friday, a PERB administrative law’
judge will meet with representatives of
Council 82, TUFCO and the state to discuss the
improper practice charges.
In the debate over representation, Brozyna
said TUFCO’s status as an independent union
means dues Council 82 now pays to AFSCME
and the AFL-CIO can be spent to provide
better services and local programs.
Broznya also said TUFCO would allow all
members to vote directly for officers, a
change from the Council 82 procedure of
having delegates elect the union's statewide
officers.
Charles R. Booth, the Council 82 public
relations director, said, “Our union and our
convention are every bit as constitutional and
a heck of a lot more democratic than many
other unions.”
According to Booth, Council 82 officials will
be “going on the road” to meet with
employees units and answer questions. “We're
going to emphasize our achievements. We
think we can do the job better than anyone
else,” he said.
Congress fires back: Reagan ‘trigger happy’ ..
“CONTINUED
The attack on the congressional role in
i foreign affairs was the strongest assertion yet
“of a theme that Secretary of State George
Shultz and other administration officials have
” been sounding.
nS
©
by
Reagan also criticized as “not helpful”
* moves in Congress to restrict his power to
. send troops to El Salvador. Questioned about
* developments in Central America, he declined
»to say whether the United States supported
“the mining of Nicaraguan harbors by CIA-
‘ backed rebels trying to overthrow the Sandi-
» nista government.
\
In the Senate. Rarry Goldwater, R-Ariz,
into certain combat situations, They must be
withdrawn within 90 days unless Congress
declares war or approves the action.
Last year, Congress granted Reagan !8
months to keep the Marines in Lebanon as
part of an international peacekeeping force to
back up President Amin Gemayel in his
efforts to forge a broad based government.
Reagan also used a new peace overture to
Moscow to turn up the heat on Congress to
authorize more than $1.1. billion’ for an
intensified program to develop and stockpile
chemical weapons. |
Reagan opened the news conference by
announcing nianu 4n affer tha Rnuint Tinimwe «
The offer of a global ban on chemical
weapons came two days after Reagan, citing
the difficulty of verification compliance, ruled
out any negotiations with the Soviets on a
similar agreement ‘governing anti-satellite
systems.
Reagan cited the alleged use of chemical
weapons by the Soviets in Southeast Asia and
Afghanistan and by Iraq against Iran in
advocating a worldwide ban on production,
possession and use.
“The use of these terrible weapons,” he said,
“has serious implications for our own securi-
ty.”
“The Soviet Tnion’s extensive arsenal of...
\
Mone
in ba
TI
Walter F. Mondal
Pennsylvania, the 1
presidential contend
attacking both the f
for backing more m
“We must learn
in Philadelphia on
butter. We do not
systems.”
Jackson was e
showing in New Y«
who finished barely
percentage points
tried to recast his ¢
All three candid
| ‘converging today |
- in a nationally tele
of Women Voters.
A total 172 deleg:
State primary, and
~ Mondale and Hart.
First, Wisconsin
allot 78 delegates,
Tuesday was won b
Besides the critic
Hart needs a good
long run against M
in San Francisco th
SR Sm
ds,adopt. TU FCO representation... .
gt a ‘} a > { -« bargaining 19 grls.”: .,
AUBURN - . itis cor re jersoniel ae spokespeople, when contacted: touch” with its members. He said about, *
‘today «and this. ast | 250 people now are associated will Morrlssey-sald the’ union ald’ has‘'a
ut AOE Correctiona iby “The Heeeee a inhi : _TURCO.: : etal Organization, . The . United
~ Pederation of Correction | Officers. arene 4
including workers ar , aa toe arte
wee en ere unava able for col .
: ‘-Pitzp atrick ‘saved TUFCO’ ‘tends to
Morrissey. said. the: fr Aternal drganiza:'*
| Facility, are joining a new union,
The formation of the union, has led to."
‘ peltton the. Public Employees Relation |.
tion is comimilteds to: helping correction ,
The union is The Union of ‘Federated
Correction Offi¢ers (TUFCO). Dennis’ J.. “the resignation ., of
stated” in’ a" James’ ‘Morrissey “formerly president. of: i “Board for. a representation. election thal.” !
d: file. members: the © officers with! ‘Insiirante premiums, ; wand: ‘4
with legal: matter's: pertaining to: work jal 1 ; “4
Fitzpatrick, TUFCO head,. .
ress release provided oO. The Cilizen; ‘the ‘Corrections Local ‘1447, ‘resigned’ last in . Will allow: rank; an
ca oppor tunlly (o decide’ Which unton''wil!
‘thein, (riteollective bargaining. ~ correction! factlities.V)The: notifor:profit” ’"*
” lered:in. °
“TUFCO is forme id now Is We ed CO. i Sars
~ thes “corrpetlong (represent. |
(Si late ‘ol’ New York. ‘Fitzpatrick | : organization originally « Avas' char
d with the Intent’and- ‘week al
purpose to’challenge District Council’No, “The ¥ ma ys Thine de memb with the 8
| , uburi:now ar ers: of 1
82 of, the. America 1989 and is exclusively for thé. pines ot Of me
n Federation of Slate, persdine pa ae Oh ony Ne tzpalrick
Count and Municipal Emplo ees union. i. ‘TU » Morrissey said. a eyes ‘sa mer ers: ‘are. not .p ase
as he exelusiv bargaining ngen oad | believes’ the ‘AFSCME. counell asy lost *) sWith Fe fistaieg Si peeve: collective. “lls member ce aie farntvesi§ ae:
bad j
48 t ‘
= Bo. sig ‘ roy
Ps ee _ ! |
ga 4 ro. | +N ;
. . . ,
‘ . Py Pm P : e @:8
i . lai
y iy i iF 98.8 aut He eo (fee ) - : F tee
Avie ’ " ie 4 Ave
ew prison:g
: j a oy met ( i re hg se co ' . 5
‘By Gary Kaneii” i Nj a a bi ual Ne. quired immune-détleiene: syns\: “signed cont ‘his position as Head of. ‘slation affecting guards at facilities: - ee
_|.,drome). He complained that ¢ ouncll): |: the Local. 1447. of Council 82. Hei, , ACrOss the state during the past.’ —
s are forums fore 5 as
' charge that‘Coungil 82 leaders are’ (|. year. The ‘session
ted by dele, ales and not by, the, vt sthe concerns of wrt members, he.”
3 sald f i. Pl : iets
Bidéhert said iat’ as i cesliant ieee «
yy {ntends. to conduct, menthly or bite:
. Slaff Writer |...
Vt AUBURN | ~s | statew idé prison! |f
- guards’ ‘association’ announced Sat: '
-urday it is forming a new union to”
represent the'state’s 10,000 correc-
tions officers because of rank and .
file dissatisfactiqn with existing
representation. hod Chas
1 \-The, United Federation of Sovaw
.|..tion Officers. Inc. (TUFCO) will.
|, challenge District 82 of the Amerl-
‘| can Federation of State, County and -
: Municipal Employees | for the right.
‘to represent the’ state’ s corrections
| “officers, said’ Dennis Fitzpatrick, a”
_ Jeader of the new uniow movement -
1 and an officer at thé Greal Meadow”
«Correctional Facilityin Comstock.
“l"In our opinion; there Is wide-
spread disatisfaction’ with Council ,
- 82 AFSCMB,” said Fitzpatrick Sat,”
urday, “The rank. and file haye ho-
sway to control .their destiny,”
} 82 has deserted retire reg correetoi | 7
‘officers, He ddid union memberg gel). 1, elec
“Mttle for their $224. annual dues... ett uion, members Ips. fees oe 1
y
Hf if Bagple don't ke paving ¢ dues toy A“pney’ ve lost sight fithe indivi
“an ak Saaeae that doesn’t pepe til tial: niember;” ‘he. said. “That's the
Parca emi 3a id Fitzpatrick. Me i{iteason I resigned: ‘Things need tobe. | monthly meetings of: local predi-.'
dents lo improve communications:
| ln yd Mdone that’ aren't, bein atténded ,,,
ely elected. ‘Council 8 p a H ha ae | Ba ay
"dent Richard. Blechert, ihe wast J to tt vant hoe ee it A, | av “ © within the union. “rene is made 4,
not surprised ’by the an ouncémeént } Mi yee ‘Ndttiggey charged that tig existe! of 63 locals, he said. _ i i” ee 7
Council 82, which was s established! 7 ¢: ve
“of the Union challenge and. attriz} )' ‘ing, union is! failing lo ensure that’ i
buted it to. 'UFCO's failure to elect; ‘assaults against guards are being «|; more thana decad ago, will survive : :
its candidates to, Council 82 ottices { _ the challenge, from TURCO, he pre-s ie
if prdsecutedi., He complanined that
. “during | the union’ S convel yuion dash), ) the union {s,slow to act’on guards’. || dicted. ee
acai in’Albany. fal t ariewances de ainst management. * .*"|" “The only P jroblem { See's that ee
TUFCO had a slale ate ndi wine ‘ TUFCO, intends to petition the .,}x may. gr create a split’within the Hat ; a
“to run, Bet the delegates who ames, |, state Public Employees Relations} N that will’ ob so away he said. eaeni sh
“didn't $ Upport t their positions, "said ‘Wy Bischett said that virtually not r ‘4
ig { ‘Board for an election among correc, 4]
_ Bischert,; ‘Ym not reply wore 1'\* tions officers to decide which. union \: ng can be done to speed, the griev-}*.
“about this ‘ dhallengé." | et ance problem. : ¢ vies :
| “ ~ |
’
jghall ‘represent the prison ‘Guards, -
" Bal Morrisse |, “If we had good labor- manage-/:.
nates froni across the ninteat tnd e NC: ‘The new. Y. sincil 82 president ‘ment relations, the grievance er yi!
cedures wouldn't be overloaded,” _
‘Fitzpatrick charged that tne éx-, ie recent union Gon sah nwepled he charge that the Union, : 3 m
;: u a e said, “What has to be done’ 4a
* isting union has.taken a assive Ap= ‘|, sald ee ne ia EN ah lost. touch with its members. He |
eae “Alibuth br etohY biti r Jahiast* | Mi ‘sald he, has, conducted Nestea improve ‘labor- management ree ae :
tons.” bans , _
'Mokrissty: shld Sdturdd I he has rid i) ely f8, 00.8 ‘grievances and state eg!
ae © ome
, /
x 4 4 e Pad f
— - - — ~ er wee ~ q
endwtsh ~ han Peeamee er tt Sey FY TH Lae ee venee
funding, she added.
TUFCO denies challenge to Council 82 |
By LORI VAN AUKEN
six months before the
A Te a : . Only as strong as j cea pall
- ticle pe om contract with Council 82 members make it have Se eiecee
icers Nas : i ‘ . _T
denied speculation th: tis ” eee challenges only make us ffi a ea naidadatiremn aioe
Sng hat oe af enning to Coxsackie weaker,” Puma said. se hil oF tial Pons the
rmine the ; major : il's
itced! warceni Sizes “ned va Joseph But according to Fitzpat- membershi Seen tee
with Council 82 lating Is accumu- rick, TUFCO’s intention is said, “we need l ' arms
However, Council 82 money eet anu to unite corrections officers large unified lobbying
Policy Chairman Richard : 2 oe allenge Council in an organization they organteadio * ying
Bischert said The Unite = ere . alone can identify with. | ron wien wn
Sadecasi rc e United Puma criticized TUFCO Council 82 represents a! concentrate on our special
. ation . icti : represents 2i ; ”
Officers (TU ce oe for its attempts to splinter security and law enforce- ie ,
‘ ongahizing “iti ad Nee nae ia officers into two ment officers in New York to fi a ‘patches
goal of “de-certifying” “Council 82 is ; which includes Environ- bond han ae ic, wick
i Council 82. °° 2 SS eee mental Conservation safety imply ; )
} good organization, but it is simply a monthly newsletter
“Perh aan ’ it Is officers, police office d
erhaps that is wishful pe ne 4 in (san Continued on Page 12
~~ + —o
thinking on someone's ~~
part,” -TUFCO organizer [ WO 3 ,
, Dennis Fitzpatrick said. — Ap i
“TUFCO, Inc. is and will
always be-aTtaternal Council 82 challenge denied
‘na 2 ¥- a4. 3 -
-
emphasized, likening the j= ge o
fraternity to the Palleenea’ . 7 ES ae use _— Page 6.1)” Fitzpatrick ‘said they hoped.) “The majority of peo le
Benevolent Association ae i spew SON pin they. now! : “to provide additional dental” did nothing with it,” foe
; _. TUFCO developed 15 eee Fit “ae Shae apr 236, “and medical centers aswell “because the application
Pe b1cgm ‘months ; ago-in an effort to. ; ae ines dis bateeattd cine ks lodges and vacation sites‘. said we had to abide'by the ©
ee supplement the benzfitsand@y: ae as ccording to Bischert: the? =: for members. and > their: ; by-laws: But we didn't get to:
it 4 fs <. programs currently offered (7 ast = gouncil has recently tried to + 3». families, ae a Se see any of the by-laws.”
ot » by Council 82, according to open. communications with * 2 ths Sey pte, )
leniiain Wiaes Gecatloni oats members by hiring public - . But other corrections “Em t 100 |
Taian Soran, 3 _;* felations coordinator Chuck. officers are reluctant t satis et a
Pi oben “a when 4:24 Booth and publishinesa <’. O join. satisfied with Council 82
*¢ rr jixa at publishing-a_ Greenhaven -Union Presi- and th
Trust inaurance policy, a bas ie monthly newsletter. -.-- ... dent Robert Zeller id C . © Peopis there,”
--\Fligpateick anid According: ik ipa ee ‘While surrent..conwibersied -TUFCO peak ‘Gis he . Coxsackie union leader
i 4 = to Bischert, this alternative Bo ee b Sika P ahip in. TUFCO i is approxi-::; guards flyers and : hee. gira aud: a nates MR
Fucsie _insurance policy is about SS iecwpe: ay bares Pid . pity “ship forms: ‘as euple of 7 going, to turn around And...
1,593 ¢ tess than the policy offered PRyeara At ss otters Sepsis, 2 e i gtagedons eeu.
a ue to,Cquncil B2: by jManB/,. 95
oA he jc Associates’ ‘Agency, Of 2
- & paps vAlbany. ° PRES Stee re we se
euneen” Sn We don't feel threatened”
“by TUFCO,” Bischert said,
but he added its. devetop-
ment shows that Council 82 _
must discover better
insurance and benefits
packages.,
The corrections officers
are bound by contract to
Council 82 as their bargain—
ing agent until 1985. No
Organization can Icgally
challenge the contract until
t+ ee Ce ee FG FRE “a4
ane x Heyes”: ot 4 fii. ig tg RE Abed oe ae on Orie
se Ser t pie =: ame ¥ pal iii aap pe 4 ’ 4
‘oe ak
are as Dessert Cart oe a See ee ret
RES” Plus 125 Complete Dinner Selection At Affordable Prices |
WHERE GREAT FOOD IS OUR PRIME CONCERN
gerd 1553 Central Ave., Colonie
Oi da 3 For Resery anions, -—"
969-0634 =
y as
Le Ne ee ee ee ee
oa Organization,”
TUFCO denies challenge to Council 82
By LORI VAN AUKEN
A fraternal organization
of corrections officers has
denied speculation that it is
trying to undermine the
officers’ current contract
with Council $2.
However, Council &2
Policy Chairman Richard
Bischert said The United
. Federation of Corréctions
Officers (TUFCO) was
organizing with the chief
goal of “‘de-certifying”™
Council 82. — .
“Perhaps that is wishful
aphteking on someone's
part,” -TUFCO organizer
,* Dennis Fitzpatrick said.
_ “TUFCO, Inc. is and will -
always be a. fraternal
é
six months before the
contract with Council 82
expires.
According to Coxsackie
Union President Joseph
Puma, TUFCO is accumu-
lating membership and
. money to challenge Council
$2 in 1985. ;
Puma criticized TUFCO
for its attempts to splinter
corrections officers into two
factions.
“Council 82 is a pretty
good organization, but it is
2 al > Pa ey b.
.
‘ af
‘ a. * i
¢ : ;
Sg com an -ncenen och alttatealiteanamedl, PRUACAY DER opin captain estes all
tS Council 82 C
rh
iets
t ,
only as strong as its
members make it. Any
Challenges only make us
weaker,” Puma said.
But according to Fitzpat-
rick, TUFCO’s intention is
to unite corrections officers
in an organization they
alone can identify with.
Council 82 represents all
security and law enforce-
ment officers in New York,
which includes Environ-
mental Conservation safety
officers, police officers and
aan A ee
officers constitute the
concentrate on our special
interest.”
shallenge denied
ee em
‘funding, she added.
even lifeguards.
“Because corrections
majority of the Council's
membership,” Fitzpatrick
said, “we need to generate a
large, unified lobbying
Organization which will
“Corrections officers need
to feel more of a common
bond than they do with
simply a monthly newsletter
Continued on Page 12
Fitzpatrick Fro ot Hg. ara ee . wortva io — a
emphasized, likening the Reries ee Continued from Page 6.3 feeds nes - Fitzpatrick: ‘said they Noped :. le “The majority of people’.
* fraternity to the Policemen’s |. “gk R22 ona ‘gold * pin™ they. nows)72“to provide additional dental’ ‘. did nothing with it,” he said,
_ Benevolent Association. | a ey rege. ‘from- ‘Council, ‘B2 3d vee and” “medical centers’ 4 aswell’: 2 because: ‘the application \, ve =
2 PU FCO developed 15 Beers i patrick’ adde ends SS ee us lodges. and, vacation: ‘sites said we had to abide’by the
bs agri mionths ; ago:in an effort to. ae ”Acotdiag to Bischert® thet Bo for members;. and° ‘their: 4) by-laws: But we didn't get to:
es supplement the benefits and‘ Y a By ates has recently tried to ih. families). see any of the by-laws.”
; programs currently offered — _ ns open, communicitions with * eo i PSE .% “y Att : ;
by en es, to a “tts members by hiring public - But other corrections “I'm not 100 per cent
Auburn Union Presi cnt ee ad
: o “relations coordinator Chuck. .
6 eee = EE FO ee ee Os ee
-
a
—
James Morriscy.
TUFCO offers a Vise
Trust Inaurance policy,
oo said. According
‘to’ Bischert, this alternative
Tay .. insurance policy is about $5 _ os
oe ay ee ‘than the ‘policy ‘offered — Baer
eto: i Cquncil’ 82: by i Mani ies Sy
Associates’ “Agency’o
ae Lathe re of oR of bas .
CE feta EEE Sh at
ari We dont ‘feel threatened ~
by ‘TUFCO,” Bischert said,
but’ he added its.devetop- _
" ment shows that Council 82
must discover better
insurance and benefits
packages.,
The corrections officers
are bound by contract to
Council 82 as their bargain-
ing agent until 1985. No
organization can Icgally
ehallanose the cnntract until
sy -..*: Booth and publishing:a ~ -
officers are reluctant to join.
satisfied with Council 82
_ Greenhaven -Union Presi-
and the people there,”
_ Coxsackie union leader
y-,Puma said. “But we are not
e*, “going | to turn around and -
‘ joinia. "Mickey. Mouse’, ; ‘
i organization.” i oa he ert Wag ie
; sy monthly newslctter.
den rate per cent'zof na rma
sean ie Tia al
th 24g ia)
Co *en's, ” pa
fg
hey Py en
: ‘ ha: in dt
ER s , . .
: ~ Plus 125 pai Dinner ar Selections Al 1 ifordable Prices
4 ig “WHERE GREAT FOOD IS OUR PRIME CONCERN
“ mE vo 1553 Central Ave:, Colonie
neg i a. Cok
%
.
Guard's goal
is overthrow
of AFSCM
Auburn
A self-styled labor organizer, Jim
Morrissey is out to boldlyimpeacha — CLOS E —_ U Dp
union he thinks works against prison ° v} .
guards. _ os me |
“I want to restore some of the tion Officers Inc. was born when end
good old unionism, when the union Morrissey and four other disgrun-
took care of the people and the peo- _tled guards working at other prisons
ple didn’t take careof the union,” he banded together shortly after the
Said. (2 py : convention. Before the union be-.. .-
-, Morrissey quit as president of the - comes official, the old union hasto.
Auburn Correctional Facility local be decertified by the membership,
the day he came back from the an- which also would vote whether to |
nual convention of District 82 of the form TUFCO. |
= County and Municipal Employees cation vote, Morrissey, an “Auburn ate
_ in October. High School graduate, has been
“Not one resolution was passed, ” ~ traveling statewide on his days off to | ;
he said, noting 12 sergeants-at-arms stump his case against AFSCME..
stood by to control the internal He stresses that guard safety
fighting. within the walis of their workplaces.
’ ihe United ghee of Correc- : Concluded ; on page 7
= " m > #2
q want tox S 4
{
“restore some |
of the good
old unionism,
-when the. | “ay ,
union took :
care of the
people and
=the people ©
‘didn’t take
care of the._
union.’
— Jim Morrissey
Photo by Debbie Leone
|
te
Id
By MARY HEDGLON epee Se Se
“American Federation of ‘State, Gearing up for the fall decertifi-y ot ee
n. 21
llotg Elizabeth St.,
:
a, 25, of Coopers
| with third-degree
Jepartment
an Stowell, 21, of
vith fourth-degree_.
| two windows ina
E. Weston, 61, of
rged with driving
1@ Cayuga County
nd.
)C..Button, Weed-
Tanner Street
\es D. Saya, 34, of -}.
who crasied.@ ill «4
\ Not ticketed. The .
'was admitted to
ent of a concus-
epartment
$3,000 resulted
ory, wood-frame
female re-
second floor in ©
the Magee Fire
3, Waterloo, “Red |
? injured.
‘on
3 ages 12 and 13
dortedly shopiift-
Aart store in the
to the charges in
|
22
3
4 C. Quimby, 21,
/ unsafe backing
in Auburn police
ize, 54, of Mann
sported.
Jepartment
Marr, 25, of 4698
rile intoxicated on
after he was
uck driven by his
veling north on a
flipped over four
ad. The younger
ged with DWI,
sing an unregis-
uty Ralph Gray
‘0 subdue Marr,
Not admitted to
was seated be-
at of the four-
3 and abrasions
'
From page 1
| ; gate for stricter laws, the 34-year-old Morrissey °
re prison guards:an identity, he said; and arrange« '
all guards to relieve tension buildup, he said.
~*~ ‘Previously, prisoners transported between...’
om
~"“prisons were searched before’ leaving, then -at
He aims to oust guard union
mp dii-
is threatened by what he considers an ineffec-
tive, lackadaisical union.
“There’s more violence than ever before in
prisons and more rights and freedoms for pris-
oners. Somewhere, someone has to stop,” he }
said. “Each time there’s a new ruling by a. #
judge, it limits our authority.” 3
TUFCO would hire top-notch. lawyers to liti=
said.
“Council 82 has lost almost every court
case,” he said, adding that the poor quality of
AFSCME lawyers eased passage of a new law
which halted some prisoner friskings.... 25 si,
the end of the trip, he explained. Now; ‘they:
cannot be searched a second time.
Under the new law, it is possible for inmates
to pass and conceal contraband on trips, said
Morrissey, who became a guard at age 20 be-
cause he needed a job.
~TUFCO also would: give: the : state’s 10,000
for a separate union for state park lifeguards,
sheriff's deputies and capital police officers.
Thousands of those employees are mixed into
Council 82, which cannot negotiate well for any
its factions because it is too diversified, Mor-
rissey said.
‘We want the union to wear one hat. Now, {[. & ee
our image is diluted,” said Morrissey, who | 4, ; ae es
would become a union executive in Albany if |... en ae
TUFCO is voted in. a : fee
The new bargaining unit would push for a auburn Correctional Facility guards went
work schedule of four days on, two days off for on strike in both 1974 and 1979.
File photo
Morrissey promises to hold a hard line for
_wage increases. Now, guards’ salaries start at
$14,200 yearly. Top pay for a guard is $24, 000
annually.
In 1979, Morrissey helped negotiate the end
of a 15-day strike by the prison guards: Na-
tional Guardsmen took over when the union
walked out.
Morrissey, who says running and racquetball
help him work off work tension, said most union
members were shocked when he resigned: .
“You can’t say a union is good, though, when
you don’t believe it yourself,” he said...
Now, Auburn Correctional Facility guards
‘work a schedule of four days on, two days off,
followed by five days on and one day off.
Although he never has been injured by an
inmate, Morrissey said he always is concerned
about the potential for an incident while on the
job. But, to him, working with prisoners is a way
of life. He grew up around the prison talk of
four guards, his father and three uncles.
Another reason to oust Council 82, which
defeated a similar decertification challenge in
1977, is to negotiate the 1985 contract under
TUFCO, he said.
COUNCIL a
GRIEVANCE FORM
STATE — COUNCIL 82
Security Services Unit
Security Supervisors Unit AFSCME AFL-CiO
(Local fd 7
a
Department or Agency DOCS Grievance Nos. (Agency ____sS
(OER
Prior to initiating a formal written grievance pursuant to this Article, the employee or the Union is encouraged to resolve
disputes subject to Article 7 informally by reviewing them with the appropriate immediate supervisor.
STEP 1
(To be presented in writing to the facility head within i0 days* of grievance)
PI F4SE PRINT OR TYPE
Date submitted
Aggrieved employee(s ; LE. LZ. ESC
Work location C3 Le ss Locs/,
Employee’s representative, name and title , Z Lasse Meihad Wiz aS Lo OCH SY V/A,
Provision of Council 82 Agreement involved: Article. CS «None [J |
Date grievance occurred E A 4
Statement of facts:
See amet,
Remedy sought:
Dre aon HK eo
Signature of aggrieved employee of =~ no CD
union representative: wi ZAZA a ee ey Ao ee ee te
STEP 1
DECISION
Date received S ( J3 zs Date of review meeting — i 7 6 Gs
(Facility head or designee shall meet with the union within 7 days of receipt of grievance;
decision to be presented in writing within 7 days of meeting.)
Decision:
Grievance denied. The counseling memo was appropriate and will not be removed
at this time. The grievant, while on duty for the Transportation Unit, was involved
in an unauthorized activity.
Date decision presented Superintendent
Signature and Title
* Days shall mean calendar days.
OER-14 (1/80)
~ , >
e < 2
_ eo % e?
STEP 2 © " .
APPEAL
(To be presented in writing to agency head or designee within 10 days of receipt of Step 1
decision or date Step 1 decision was due, whichever is earlier.)
The decision at Step 1 of the grievance described above is unsatisfactory. This is to request a review of that decision because:
K MPP
Date appealed
Signature of Union Representative
a
STEP 2
DECISION
Date received Date of review meeting _.-
(The agency head or designee shall meet with Union within 10 days of date appeal was
~ received. Decision shall be rendered within 10 days of review meeting.)
Decision:
Date ——_____—————
Signature of Agency Head Or Designee |
Oe
STEP 3
APPEAL
(To be presented in writing to the Director of the Governor’s Office of Employee |
Relations within 15 days of receipt of Step 2 decision or within 15 days of the date the
Step 2 decision was due, whichever is earlier. Attach copy of Step 2 decision.)
The decision at Step 2 of the grievance described above is unsatisfactory. This is to request a review of that decision because:
Date appealed ——_—_—_—____—_—_—_———————— nn
re Signature of Union Representative
(The Director of Employee Relations or designee shall meet with the Union within 20 days
of date appeal was received. Decision shall be issued within 20 days of review meeting.)
Date of review meeting ———__—————_—_____——