Field Services is comprised of three directors and their respective staffs within the 12 geographic regions of PEF in New York State. There are 29 field representatives and 15 administrative employees assigned to Field Services. They handle the day-to-day administration and enforcement of the PEF/State (PS&T) contract and of the other public and private-sector bargaining units PEF represents.

Field Services continues to work with PEF local, regional and state leaders, defending the rights of PEF members at every work-site. Field representatives are involved on a daily basis in fighting the downsizing and closing of facilities and the restructuring of agencies and departments. Since PEF's Department of Contract Administration is responsible for arbitrating contract grievances, Field Services is focusing on integrating PEF's member mobilizing model in all its activities, such as grievance representation, health and safety, labor-management and political action.

• On Tuesday, May 4, 1999, more than 1,000 members of the NYS Public Employees Federation (PEF) and other groups held a "RALLY FOR PENSION JUSTICE" in the well of the State Legislative Office Building in Albany. The workers and retirees gathered to show their support for proposals to enact a permanent cost-of-living-adjustment (COLA) to retirees' pensions, and remove inequities in the state's pension tiers. PEF Field Services staff played a key role in assuring the success of the Rally.

• The "Contract Justice" rallies which began in April 1999 continued around the state throughout the remainder of that year and the first four months of 2000, including a massive rally outside the state Capitol on January 5, coinciding with the governor’s "State of the State" message. The rallies culminated in the April 6, 2000 "Stop the Stall" Rally at the GOER headquarters. Shortly thereafter a contract agreement was reached. PEF Field Services staff played an integral role in making these rallies a success and in the contract campaign as a whole.

• For the first time in PEF's history, e-mail was utilized in a contract campaign making it incredibly efficient to get information to the membership and leadership. The technology assured that with very short notice PEF could "call to action" its membership to attend picket lines every place the governor moved about the state. Despite having, in most cases, only 4-6 hours notice of the whereabouts of the governor, the methodology produced fine results. PEF Labor Relation's staff played a critical part in the success of this process. They will continue to play an important role as PEF re-doubles its efforts to get members' home e-mail addresses.

• The state Public Employment Relations Board issued a decision rebuking the state for discontinuing the electronic mail privileges of PEF union activist C. Michael Darcy, a state Education Department employee, last May. The Board ruled the state violated Darcy's Taylor law rights when it cut him off from the Department's e-mail system because he used it, among other things, to send members information about the union's contract fight with the state. The case is on appeal. PEF Field Services was intimately involved in the filing and processing of the charge.

• Similar to the Mike Darcy case, PEF Field Services filed a charge with PERB claiming that the state again violated the state Taylor Law by interfering with a union official's ability to communicate with her constituents. The official - Sheila Bradwell, a PEF steward at the state Department of Health (DOH), was issued a notice of discipline by that agency for forwarding e-mail announcing a PEF contract rally. If the discipline were upheld, Bradwell would have been suspended without pay for a week. Following the creation and implementation of the very innovative "Save Our Sheila (SOS)" campaign a settlement was reached with the Department. The successful campaign included a member mobilization component, petitioning, handbilling, letter writing, mass attendance at the grievance hearing, button day, and media outreach. PEF Field Services led this successful effort.

• During the past year PEF successfully negotiated contracts for its members at the Canal Corporation, Albany County Probation, Lockport Hospital, Oswego County, two units at NDRI and Correctional Medical Services. PEF's Field Services and Contract Administration Departments worked hand in hand to accomplish these agreements.

• Banking Department – Field Services successfully litigated an out-of-title work grievance on behalf of four Supervising Bank Examiners, who were performing the duties of Assistant Deputy Superintendents. They received the difference in pay between the two titles for a three-year period. Two of the members were subsequently promoted to the out-of-title positions in which they had been working. Getting these members promotions also created opportunities for promotion for other PEF members that would not have occurred if the out-of-title work grievance had not been filed.

• A statewide out-of-title work grievance was filed and sustained for Disability Analyst 1’s who were performing Analyst 2 duties. The eleven analysts received the difference between the two titles, about $3,500 each; totaling approximately $39,000.

• There were 159 Step 3 grievances filed with the Governor’s Office of Employee Relations (GOER) within the reporting year ending 7/11/00. Of these, 63 (39 percent) were Article 17 (out-of-title work) grievances, 53 (33 percent) cited other articles, 12 (7 percent) were non-contract and 31(19 percent) others.

• There were twelve grievances that Field Services determined should not be appealed to Step 3 of the grievance procedure. The Grievance Appeals Committee heard two cases, sustaining one and denying the other. In seven cases, the grievants did not appeal Field Services’ determination. In the remaining case, a Step 3 decision was received before the case was heard.

• In March 1998, three class action grievances were filed for Recreation Workers, Recreation Therapists and Senior Recreation Therapists that were directed to perform out-of-title work at Pilgrim Psychiatric Center. The employer designated the employees "Treatment Plan Coordinators" and instructed them to develop patient treatment plans for all treatment modalities, not just recreation. The grievances were denied at all steps of the grievance procedure. A referral was made to our Legal Department. The case was denied by the Supreme Court on July 10, 1999 but overturned and sustained by the Appellate Division, Third Department on April 6, 2000. The judges, all five of whom agreed, stated "this record lacks any rational basis upon which to conclude that petitioners are not doing out-of-title work" and "the focus of the review should have been whether the duties are appropriate to petitioners’ titles." The employer was directed to cease and desist from such assignments and compute back pay for time performing above title work appropriate for Treatment Team Leaders.

Improper Practice charges are allegations by the Union that the Employer has violated the Taylor Law. These charges are generally filed in two (2) major categories

1. Retaliation or discrimination against a Union Official or

2. Failure to Bargain Mandatory Terms and Conditions of Employment

(or unilaterally changing them)

Field Staff, in consultation with a Director of Field Services, research, develop, file and litigate the final IP Charge before the Public Employment Relations Board (PERB). Monthly quarterly and annual reports of our outstanding cases are prepared and distributed to the Executive Board and to Convention delegates. Following are the case dispositions since last year’s Report to the Convention Delegates:

Twenty-three improper practice charges were filed.

There were 33 dispositions as follows:

Won prior to hearing 13

Won after hearing 2

Withdrawn prior to hearing 4

Settled prior hearing 5

Settled after hearing 1

Dismissed prior hearing 2

Dismissed at hearing 1

Dismissed after hearing 1

Lost at hearing 1

Lost after hearing 3

PEF’s Nurse Organizer continues to consult with members and staff on a variety of nursing related issues such as upgrades and staffing. A major effort to enhance communications with nurses included the development of a Nurses page on the PEF website and a quarterly Nurses News newsletter. Expanded legislative activities led to a larger lobbying effort, collaboration with other groups and development of a brochure. Initiatives are underway to address nursing pay and develop a nursing educational program.