Executive Board Minutes 5/2007

Committee Reports

a) PAC Committee

1) PAAEC Election

2) Timetable for Endorsement – Presidential Election

b) Convention Committee Report

1) 2007 Convention Update

2) 2009, 2010 and 2011 Convention Sites

c) Ethics Committee Report

1) ERC 2006 – 06 – Close vs. Jones Yahia

d) Divisions Committee Report

1) Division 357 (OFT) Secession – Annexation to 262 (DED)

2) Division 286 (DOL/OTDA) Constitutional Change

Member Items

a) Electronic Data Provided to Membership – Kevin Jones

b) Constitutional Amendment – SUNY and Education Department

c) Request for Manuelita Clemente to speak, re: Parole Fightback Monies

d) Richard Mata fragmentation

e) NOD Update and Article 33 – Wayne Spence

f) Breakdown of Article 15 Fund Expenditures – Susan Kent

APPROVAL OF THE MINUTES

President Brynien stated that Ron Goldstein requested changes to the minutes to clarify some of the issues that he raised at the last Board meeting. A document to this effect was distributed. The President requested a show of hands to approve the changes. The motion received a second and carried.

The President noted that Cheryl Frank was marked as absent in the November 2006 Executive Board minutes. He apologized for the error and moved that the correction be included in the minutes of this meeting. The motion received a second and carried.

Susan Kent asked that several changes be made to the minutes.

Kevin Jones requested several changes to the minutes.

President Brynien moved to approve the minutes as amended. The motion received a second and carried.

Motion to Hear Ethics ERC# 2006 – 06 – Close vs. Jones-Yahia

Don Morgenstern, Chair of the Ethics Committee provided a brief synopsis of the case. Questions were taken on the report and the motion to hear ERC# 2006 – 06 was defeated.

PRESIDENT’S REPORT

President Brynien announced that the State Budget had passed and noted that PEF had been successful in preventing crucial items from being included and had prevented funding for a shadow agency to be used to fund cell research. The funding would go to DOH instead.

He also gave highlights and updates on the following issues: Albany County organizing drive, Health & Safety grant through the Hazard Abatement Board award in the amount of $200,000, the Berger Commission Report, legislative issues and problems with parking in Albany and Buffalo.

The President noted that they were unable to stop the closure of two OCFS group homes. However, PEF is working to ensure the four individuals involved will be affected as little as possible.

President Brynien announced that Contract Negotiations were off to a friendly start and Vice President Lou Matrazzo would give a more detailed report later in the meeting. He went on to state that there had been successes in the Allegany County organizing drive and Margaret Messer would provide details later in the meeting.

He stated that PEF received an interim decision at PERB regarding the Parole fragmentation, adding that the decision was favorable toward keeping the union whole.

The President met with the new Director of GOER, Gary Johnson. President Brynien asked to reinstate Executive level Labor/Management meetings and he agreed.

President Brynien met with PEF Retiree President Steve Muscarella. The Retiree Executive Board voted to increase dues from $1.00 to $1.50 a month. President Brynien noted that it must be approved by the Executive Board and the proposed increase will be presented later in the meeting.

The President noted that he has been working with Denis Hughes of the NYS AFL-CIO on various issues. In addition, he added that PEF is working with CSEA, NYSUT and UUP on a joint public relations campaign in an attempt to stop some of the problems we see in the Berger Commission report.

He added that PEF was asked by the AFL-CIO and the Capital District Area Labor Federation to join the New York State Pay Equity Coalition. President Brynien noted that the PEF Executive Council discussed the request and decided to sign onto the legislation, which is being called the New York State Fair Pay Act.

President Brynien announced that Nurse Lobby Day was scheduled to be held on May 22^nd and a number of organizations have agreed to participate.

The President announced that he met with Sonia Ivany, President of the New York City Chapter of the Labor Council of Latin American Advancement (LCLAA) and they agreed to work together on issues of mutual interest.

He noted that PEF is still facing challenges in Parole, the School for the Blind, Camp Cass (OCFS), Taconic DDSO and the proposed moves of the food lab and data centers.

President Brynien reported that PEF filed a lawsuit regarding the Berger Commission to prevent the removal of SUNY Upstate from SUNY and PEF is meeting with other unions and the Governor regarding this issue. He added that in response to these meetings, PEF has put together legislation to create an advisory board.

The President stated that the NYS AFL-CIO asked PEF to vote on a resolution entitled, “Hillary Clinton as New York’s Favorite Sister.” President Brynien asked for the will of the body as to whether they want him to support the resolution. There was debate on the issue, the President asked for a show of hands and he agreed to vote in favor.

The President announced that the summer Executive Board meeting had been moved to August 14 & 15 to allow the Board more time to come to a decision regarding endorsements in the presidential race.

Contract Negotiations

President Brynien introduced Vice President Lou Matrazzo to update the Executive Board on the progress of negotiations. Vice President Matrazzo stated that Peter Sennett was named Chief Negotiator for the state. He noted that the relationship was very professional and productive to date. He went on to report that each side would be exchanging conceptual demands on June 8^th and thereafter would be meeting three times a week. The Vice President noted that PEF is leading a health benefits coalition in an effort to bargain with other unions around health benefits. He added that in addition to health benefits, the cost of living adjustment remains a priority. Vice President Matrazzo stated that a coalition with CSEA and UUP has been formed regarding this issue and petitions are being circulated downstate and in the Hudson Valley Region. He added that the signed petitions are being delivered to GOER. Vice President Matrazzo and Bob Carrothers, Director of Contract Administration then responded to several questions from members of the Board regarding negotiations.

Organizing Drive – Allegany County

President Brynien introduced Margaret Messer, Director of Mobilization, who gave an update on the Allegany County organizing drive. Ms. Messer reported that the signed cards were submitted to PERB. She also reported that a follow-up meeting was held on March 30, with about 40 of the employees attending and another meeting is scheduled for the beginning of May. No questions were proposed on this report.

Retiree Dues Increase

President Brynien moved that the Executive Board approve the Retirees’ Executive Board decision to increase their dues from $1.00 a month to $1.50 a month. The motion received a second and debate ensued. The question was called, a vote was taken and debate was closed. A vote was taken on the main motion and it carried.

President Brynien responded to several questions regarding his report.

SECRETARY-TREASURER’S REPORT

Convention Rules of Order Amendment

Secretary-Treasurer Igoe stated that the first order of business was a change in the proposed convention rules. Kevin Jones moved that the Executive Board approve a change in the Convention Rules that world affairs issues be addressed as the last group of resolutions. The motion received a second and debate ensued. The question was called, a vote was taken and debate was closed. A vote was taken on the main motion and it passed.

Banking Committee Report

Secretary-Treasurer Igoe reported that the Budget Committee worked very hard on their recommendation to the Executive Board. The Secretary-Treasurer introduced Scott Ray to give an overview of their decision.

Mr. Ray noted that there are several problems with Amalgamated Bank and that Bank of America had been chosen to replace Amalgamated. He noted that Amalgamated was contacted to give them the opportunity to match Bank of America’s offer, but they were not able to do so.

Mr. Ray introduced Graham Goffin, Director of Finance, who presented the technical aspects of the new program.

Secretary-Treasurer Igoe noted that although the new system made it possible for divisions to eliminate the treasurer position, she felt that it was important to keep the position. She noted that there needed to be someone to oversee the budget, collect receipts and look at the monies. Ms. Igoe indicated that she hoped the new procedures would make more people apt to participate in the role of treasurer.

Secretary-Treasurer Igoe, Scott Ray and Graham Goffin answered several questions regarding the new program. The order of the day was called, it received a second and the agenda was moved.

The Secretary-Treasurer thanked the Budget Committee, Scott Ray, Graham Goffin, Valerie O’Dell and Barry Holmes for their work on the project.

Secretary-Treasurer Igoe noted that Linda Rubin retired from her position as Executive Board/Conference Coordinator and Kim Partridge moved into her position. She noted that Ms. Partridge would be keeping her responsibilities as the contact person for EOL. Ms. Igoe added that Meghan Allen was moved into the position of Executive Assistant to the Secretary-Treasurer.

The Secretary-Treasurer reported that two members, Jim Malloy and Eric Lindemann were denied EOL reimbursement from GOER and requested approval from the Executive Board to pay them for the time lost. Ms. Igoe noted that in addition, GOER has denied the half-day of EOL for members participating in Lobby Day training. Therefore, she is requesting prospectively for the Board’s approval to reimburse those who participate in this event. Secretary-Treasurer Igoe moved the Executive Board approve the reimbursement of $6,606. 26 to those members denied by GOER. The motion received a second. There was no debate on the motion. A vote was taken and the motion carried.

COMMITTEE REPORTS

PAC Committee

President Brynien introduced Vice President and Statewide PAC Chair Joe Fox to give the PAC and Convention Committee reports. Vice President Fox noted that the first item on the agenda was the PAAEC Election. The Vice President read the election procedures and asked the Board for nominations. Vice President Fox announced that they would continue with the agenda while the ballots were being distributed and collected.

Timetable for Endorsement – Presidential Election

Vice President Fox stated that the Statewide and Regional PAC committees will meet to bring a recommendation for endorsement to the Executive Board in August and then to the Convention in September. Vice President Fox noted that a “straw poll” article presenting the candidates would be included in the Communicator over the summer. Vice President Fox answered several questions regarding the recommendation process.

PAAEC Election

Vice President Joe Fox accepted nominations from the Executive Board for the vacant position on the PAAEC Committee. Anna Schrom was declared the winner.

Convention Committee Report

Vice President Fox announced that as a result of the date changes for the Convention, PEF would receive a $120,000 reduction in the hotel bill. He noted that that Convention Committee in New York City has worked very hard on the Farewell Dance, as well as put together a restaurant guide and set up tours for the delegates.

Vice President Fox asked for the Board’s indulgence in moving the Convention Sites report to Wednesday morning. The Board agreed.

Divisions Committee Report

President Brynien introduced Regional Coordinator, Frank Besser to report on the Divisions Committee issues.

Division 357 (OFT) Secession – Annexation to 262 (DED)

Mr. Besser reported that eight NYSTAR members were requesting to be moved from Division 357 to Division 262. He noted that a petition has been signed and letters have been obtained from both Council Leaders supporting the request. Mr. Besser moved that the eight members of Division 357 be annexed to Division 262. The motion received a second, a vote was taken and it carried.

Division 286 (DOL/OTDA) Constitutional Change

Mr. Besser moved that Department of Labor employees in Westchester/Rockland are requesting constitutional changes mainly in Article I where they are changing their name to Hudson Valley Department of Labor, and in Article III to be inclusive with the DOL members who went to OTDA but remained within the division within the offices that they worked in prior, they would like to change their membership to include all PS&T members working for the Department of Labor with Agency Code 14020 in each of the Hudson Valley offices, Dutchess, Putnam, Orange, Rockland, Sullivan, Ulster, Westchester counties, SUNY Purchase, Agency Code 28260. The motion received a second and debate ensued. A motion was made to close debate and debate was closed. A vote was taken on the main motion and it carried.

The meeting recessed at 4:00 pm on Tuesday.

President Brynien called the meeting to order at 9:15 am on Wednesday. Members joined in the Pledge of Allegiance to the Flag.

President Brynien introduced Vice President Joe Fox to present the Convention Committee’s recommendations for 2009, 2010 and 2011 to the Executive Board.

Convention Committee Report

Vice President Fox explained that because of an opportunity for cost savings, the Committee’s proposal included recommendations for 2009, 2010 and 2011. He noted that the Board had instructed the committee to seek proposals for 2009 and 2010. However, when Niagara Falls offered a significant discount for two years, the committee felt it was in the union’s interest to present the modified proposal to the Board.

The Vice President stated that per the Board’s request, PEF obtained proposals from Albany, Schenectady, Niagara Falls, Rochester, Washington DC and New Orleans, Louisiana. The Vice President noted that Albany and Schenectady responded that they could not meet the proposal requirements.

Vice President Fox moved the Convention Committee’s recommendation to use Niagara Falls in 2009, Washington, DC in 2010 and Niagara Falls in 2011. A second was received and debate ensued. The question was called, a vote was taken to close debate and it carried. A standing vote was requested. A vote was taken and the motion passed.

Bill Sachs asked Vice President Joe Fox to obtain a proposal from New Orleans for 2012 and he agreed.

Charlie Kelefant requested that the minutes reflect he voted against the motion.

Secretary-Treasurer Igoe requested that her vote be registered in the minutes against a bid for New Orleans in 2012.

Member Items

Electronic Data Provided to Membership

Secretary-Treasurer Igoe noted that in the interim when this was presented, she and Kevin Jones agreed on language, which was included in the packets. So, with his permission, the item was removed from the agenda. The Secretary-Treasurer addressed questions from the Board regarding the outcome of the agreement with Mr. Jones.

Don Morgenstern moved to separate SUNY and the Education Department in PEF apportionment. Mr. Morgenstern noted that in doing so, it would not add Executive Board seats and in terms of convention apportionment would be considered separate departments. The motion received a second and debate ensued. The question was called, a vote was taken and debate was closed. A vote was taken on the motion and it carried.

President Brynien introduced Manuelita Clemente, Parole Council Leader to address the Board regarding Parole fightback monies. Ms. Clemente expressed concern regarding issues affecting her members.

Several members of the Board spoke on the Parole issue and Richard Mata moved that their Division be allowed to control their fightback money. The motion was seconded and debate ensued. Kevin Hintz moved to amend the motion, stating, “PEF shall create a strike force which will help Parole react swiftly and decisively to the attacks using the fightback monies allocated by this Board. The strike force shall consist of a couple of PEF staff, the Parole Council Leader and Executive Board members.” The motion received a second and debate ensued. All matters before the house was called and it was seconded. A vote was taken to close debate and it carried. A vote was taken on whether to create the task force to give Parole the ability to fast track the use of the fightback money and it carried.

Richard Mata expressed his concern that the recent decision by the arbitrator was a slap to all Parole Officers. He added that for their union to fight for a decision to indicate that they are not law enforcement and receive that decision demoralized parole officers and requested to know how PEF will utilize their dues to fight for equitable benefits with the multiple law enforcement agencies they work with on a daily basis.

Wayne Spence stated that he returned to work on April 6 and thanked the members of the Executive Board and Liz Schuster from the PEF Legal Department for their support during this suspension.

Susan Kent expressed concern regarding the money that is used to support management staff and their inflexibility to stop the sunset of these provisions. Ms. Kent stated that PEF should look at being more equitable with the funds that are distributed as it is something we need in terms of professional development for our members.

There was a discussion regarding recycling efforts at the PEF Headquarters office in Latham.