Executive Board Minutes

November 2001

August 2001

March 2001


                          

 

Executive Board Minutes

November 27-28, 2001

The Desmond, Albany, New York         

 

President Benson called the meeting to order at 9:40 a.m., Tuesday, November 27, 2001.  Members joined in the Pledge of Allegiance to the Flag.  President Benson sworn in two newly elected Board members:  Bernice Jones, representing the Department of Labor and Joseph Koss representing Lockport/NDRI.

 

 

APPROVAL OF THE  AGENDA

President Benson announced changes in the agenda, to address Executive Board Hotel Report under 6.(f); and add Rockefeller Drug Law Position as item 6.(g)

He also announced that after the Budget Status Report there would be consideration of the Job Security Campaign Funding Proposal.

 

Ron Goldstein asked to have the Job Security Proposal addressed as the first item on Wednesday’s agenda.  President Benson asked for a vote on Mr. Goldstein’s request whereupon Mr. Goldstein withdrew his request.

 

Jennifer Faucher, Region 11 Coordinator, on a point of order, requested a moment of silence for members lost on September 11th.  (A moment of silence was observed)

She also thanked the administration for making sure funds became available to the victim’s family.  Ms. Faucher also wanted to clarify there was no vote taken against distribution of funds at the Special Executive Board meeting that was called and cancelled.

 

Lou Matrazzo requested Identify Theft be added to the agenda, item 6.(h)

 

Ron Manuli requested an update on the Dutchess, Putnam and Orange county adjustment.  This would be added to item 6.(d).

 

Barbara Posner moved to amend the agenda to add, “Whenever a civil or criminal judgment is imposed upon a PEF member for misappropriation of PEF funds, the matter should immediately be referred to the Ethics Committee with the Trustees assuming the responsibility to track the outcome.  This would be added as Ethics referral, 9.(e)

 

President Benson announced one other change to the agenda, to add under item 8,

(d) PEF World Trade Center Funding Guidelines.

 

Executive Board Minutes

November 27-28, 2001

Page 2

 

 

APPROVAL OF THE AGENDA - continued

There was no debate on the amended agenda, and it was adopted as follows:

  1. Call Meeting to Order
  2. Pledge Allegiance to the Flag
  3. Swear in Newly Elected Board Members
  4. Adoption of the Agenda
  5. Adoption of the Minutes
  6. President’s Report

a)      Privatization Awards (Tuesday following lunch)

b)      Priorities Focus/World Trade Center Issues/Full Staffing

c)      Member Mobilizing/Contract Negotiations

d)      Article 12.17 Update/Putnam, Dutchess and Orange Co. Differential

e)      TransitChek

f)       Executive Board Hotel (Ad Hoc Comm. Report)

g)      Rockefeller Drug Laws

h)      Identity Theft

  1. Secretary-Treasurer’s Report

a)      Budget Status/Job Security Campaign

b)      E-mail training (4:00 p.m.-5:00 p.m. Tuesday)

c)      EOL Update/Unit Challenges Update

d)      Convention Travel

e)      Sick Leave Policy Update (Referred to Ad Hoc Committee)

  1. Ad Hoc Committee Reports

a)      Mail Guidelines

b)      Monument

c)      PEF World Trade Center Funding Guidelines

  1. Member Items

a)      Number of Convention Resolutions – Goldstein

b)      Staff Level in Health and Safety – Goldstein

c)      Convention Resolutions – Rodriguez

d)      Convention Attendance – Rodriguez

e)      Ethics Referral – Posner

 

APPROVAL OF THE MINUTES

President Benson moved for adoption of the minutes.  The motion was seconded and the minutes from the August 16-17, 2001 Executive Board meeting were adopted as printed. Executive Board Minutes

November 27-28, 2001

PRESIDENT’S REPORT

 

World Trade Center Update

President Benson reported that $5,000 in cash had been distributed to every PEF family involved in the World Trade Center tragedy from funds provided by AFT and SEIU by September 30, 2001.  He further stated $10,000 was distributed to the families in attack insurance payments and another $15,000 in the accident death and dismemberment payment.  Another $2,000 was sent to each family from the New York State United Teachers.  President Benson also reported that a booklet prepared by PEF that included benefits, was sent to each family as well as being sent to the New York Central Labor Council.  He thanked all the staff that had put this informational booklet together.

 

Job Security

President Benson reported that Vice President Pat Baker, Chair of the Job Security Committee would be bringing forth a Job Security Campaign proposal for consideration under the Secretary-Treasurer’s report.  This proposal would be highlighting the good work our members do at their jobs and demonstrating to the public and the legislators how important they are to New York State.

 

Civil Service Reform

President Benson announced he had appointed Vice President Joe Fox as the Chair to the of the Civil Service Committee, signaling that civil service is one of the administrations top priorities.

 

Retirement Reform

President Benson announced that Vice President Brynien was the Chair of the Retirement Reform Committee, and spoke on reform priorities for the year 2002 and the probability of achieving them.  However, he continued, when the recession ends, there would be a possibility of addressing the issues, especially since it was an election year for the Governor.

 

Stronger Contract

President Benson reported that Contract Chair, Dr. Eric Miller had been in regular communications with the Contract Team and training is underway.  He also announced we would be fighting very hard for every benefit that we deserve. 

President Benson made reference to jointly funded programs and how PEF was moving toward independence around the issue.

 

President Benson answered many questions presented by the Executive Board members  concerning his report.

 

 Executive Board Minutes

November 27-28, 2001

Page 4

 

 

Member Mobilizing and Contract Negotiations

Dr. Eric Miller, Chair of the Contract Team highlighted the plans for the upcoming set of negotiations and announced the goal of 228 fully mobilized divisions.  Dr. Miller answered questions presented by the Board members.

 

Article 12.17 Update and Putnam, Dutchess and Orange County Differential

Roger Scales, Director of Labor Relations gave an update on the Article 12.17 arbitration and explained that due to the complexity of the case, he believed the decision would not take place until late spring or early summer.

 

Regarding the Dutchess, Orange and Putnam differential, Mr. Scales gave an overview of what had been transpiring and reported there were ongoing discussions on the issue between Marty O’Connor,  and GOER.

 

TransistChek

Mr. Scales reported that prior to September 11th, the background was that GOER had said that they were conceptually in favor of implementing a pretax program, downstate and perhaps statewide. September 11th complicated many things including implementation of the pre-tax program as there is an arguable economic cost to doing so.  Nonetheless, the issue has been advanced by the President to the second floor. We will keep you advised.  Mr. Scales then answered questions on all the issues that he addressed.

 

President Benson announced that a field representative had been hired in New York City and a decision on the Staff Director would be announced in the not-to-distant future.

 

The meeting recessed at 11:50 a.m.

 

The meeting reconvened at 1:20 p.m.

 

President Benson called the meeting back to order and announced that the PEF World Trade Center Relief Fund was now in excess of $80,000.

 

Privatization Awards

Vice President Baker announced the winners of the Privatization Awards:  John Clark, Ron Manuli, Cas Czarkowski, George Buldrini, Jeff Janiszewski, Steve Sherokey and Jeffrey Satz.  

 

 

Executive Board Minutes

November 27 – 28, 2001

Page 5

  

Executive Board Hotel Ad Hoc Committee Report

Bernie Kahn, Chair of the Executive Board Hotel committee, referred to the report that was in the kit, moved the committee’s decision and received a second.  After brief debate, the committee’s recommendation to hold two Executive Board meetings at the Quality and two at the Desmond carried.

 

Rockefeller Drug Law Reform

President Benson reported how the position paper on the Rockefeller Drug Laws Reform evolved and how it was recommended to be amended.  President Benson moved to adopt the changes and received a second.

 

Joe Lewis moved to amend to eliminate the word “effective” and add “adequate funding”   in the newly amended language.  He continued, in the first bullet, add “funding levels” and strike the word “and”.  There was a second to the amendment.

 

After debating the subject, Dave Stallone called the question and received a second.

Debate was closed and Mr. Lewis’s amendment was defeated.  The main motion, to include the amendments was also defeated. 

  

SECRETARY-TREASURER’S REPORT

Budget Status

Secretary-Treasurer Hallum referred to the financial documents that had been previously mailed to the Board members and went over details that were included. She reported that things were fluid and adjustments were going to have to be made, and she preferred to do them all at once at the March budget meeting.  Ms. Hallum continued explaining the financial statements and answered many questions regarding her report.

 

At this time President Benson reported on information he just received by telephone  that  Region 8 Coordinator Jeffrey Satz had passed away.

 

Officers, Executive Board members and PEF Staff  were very upset and President Benson called for a recess for the day.

 

Meeting recessed at 2:50 p.m., November 27, 2001. 

 

Executive Board Minutes

November 27 – 28, 2001

Page 6

 

The Executive Board reconvened at 9:30 a.m., November 28, 2001.

 

President Benson announced the Board would be spending some time in remembrance of Jeff Satz in prayer, in Scripture and in song.

 

Carlos Garcia, Bernice Jones and Robert Lowinger lead the Board in prayer, President Benson read from the Scripture and many Executive Board members spoke of their memories with Jeff.   

 

President Benson called the meeting to order and members joined in the Pledge of Allegiance to the Flag.

 

President Benson announced the agenda of the day, and the Board voted to handle the e-mail training at the March meeting.  He also stated the Sick Leave Policy update was being referred to an ad hoc committee.

 

Job Security Campaign

Vice President Baker announced that after the attack on the World Trade Center, the State of New York had lost was expected to lose billions of dollars in tax revenue and tax receipts putting the State in a fiscal crises.  She continued stating the government proposed to abolish 5,000 positions and at the direction of President Benson worked on developing a Job Security Campaign.  Ms. Baker referred to the report and its outline of budgeted monies for the media campaign that would span two fiscal years.  She continued speaking on the state workforce that continued functioning during this horrific time and referred to them as Hometown Heros.   Vice President Baker moved that $1,000,000 be transferred from the reserve fund and to be dedicated to the media campaign.  The motion received a second.

 

After debate, Priscilla Sweet moved to amend the motion to eliminate the funding of the “Home Town Heroes Awards”, the Legislative Pieces (Award mailing list) and the Hometown Heroes Rally”  this amendment not to include $140,500 for those three items.   There was no second to this amendment.

 

Debate continued and Joe Lewis moved to amend the media campaign proposal to a funding level of $325,000. This motion was seconded.

 

After continuing debate, Bill Sachs called the question, received a second and debate was closed.

 

Mr. Lewis’s amendment to reduce the proposal to $325,000 was defeated.

 

The main motion to take $1,000,000 from the reserve account to fund the Job Security Campaign carried.

 

Executive Board Minutes

November 27-28, 2001

Page 7

 

 

World Trade Center Funding Guidelines

Vice President Joe Fox referred to the letter to President Benson from the World Trade Center Committee that outlined recommendation of points as a way in which to fairly distribute the funds to PEF families involved in this tragedy.  Mr. Fox explained the criteria on which the formulation was developed and asked for adoption.  The motion received a second and after many questions were answered, the guidelines were adopted.

  

EOL Update

Bob Carrothers explained where we were with the EOL reimbursement and stated he would follow with a written report, once the days are restored that had been recently denied. Mr. Carrothers also answered many questions regarding the process and also filling out the EOL form.

 

Meeting recessed at 11:55 a.m.

 

Meeting reconvened at 1:00 p.m.

 

Unit Challenges Update

Bob Carrothers explained what transpires nine months prior to the expiration of a collective bargaining agreement, and that is the period of unchallenged representation.  Mr. Carrothers stated, this creates a window during which a union or the employer can file a petition with PERB to challenge the bargaining unit designation of any particular position.

 

Mr. Carrothers further explained the formal process and answered many questions on different titles and general information on the challenges.

 

Bill Sachs called for the order of the day and also a quorum count.  There was a quorum.  There was a second to the call, and the agenda was moved.

  

Convention Travel

Secretary-Treasurer Hallum and Vice President Fox reported how much money had been spent for this past convention at Niagara Falls on travel.  Vice President Fox asked for input from Executive Board members to help him come up with a more cost-effective travel voucher.  He stated this voucher would be presented to the Board at the March Executive Board meeting.

  

Executive Board Minutes

November 27-28, 2001

Page 8

 

IT Rollout

Secretary-Treasurer Hallum reported on the status of the rollout and announced all of the computers had been rolled out to staff and MIS was still working on a redeployed of computers to Divisions.  She also announced a programmer analyst position had been approved by the Trustees of Membership Benefits.  This position will be dedicated to Membership Benefits which will relieve the current MIS staff to handle the workload.

 

Identity Theft

Lou Matrazzo reported on an instance where one of the department’s temporary employees was arrested for stealing social security numbers and seeking to obtain credit cards.  Mr. Matrazzo requested PEF be involved in protecting their members against this type of this work release program employee, to not have access to information that would enable them to pursue identity theft.

 

At this time President Benson reported on a meeting he had just returned from with Governor Pataki and other union officials regarding the economy and the deficit that the state was in.  President Benson offered suggestions to the Governor and asked members to contact Tom Cetrino with suggestions that would help offset the deficit.

 

Mail Guidelines   

Vice President Fox reported that the committee had met and the report was included in their board kit.  The committee would continue to meet and would be bringing forth recommendations for the Board’s consideration on the guidelines.

 After a lengthy discussion on the issue, Joe Lewis moved to move the agenda, received a second and the agenda was moved.

 

Monument Committee

John Clark, Chair of the Monument Committee stated the purpose of this committee was to develop plans and specifications for approval of the board to construct a permanent monument to our membership who have died during state service.  Mr. Clark gave an update on what had transpired to date and will report further.

 

MEMBER ITEMS

Number of Convention Resolutions – Mr. Goldstein the submitter of the item, moved to postpone until the next Board meeting, seconded and carried.  The item will be on the March agenda.

  

Executive Board Minutes

November 27 – 28, 2001

Page 9

  

MEMBER ITEMS - continued

Staff Level in Health and Safety

Ron Goldstein submitter of the item, stated he was of the impression that staffing levels had been decreased without his knowledge. President Benson explained the Executive Board approved the changes in Health and Safety in the last budget, and explained the positions that were reclassified.  President Benson also responded to Board members concerns regarding Health and Safety.

 

Convention Resolutions – Rodriguez – postponed to March meeting.

 

Convention Attendance – Rodriguez – postponed to March meeting.

 

Ethics Referral – Posner – referred to Legal Department to report back at March meeting.

 

Motion seconded and carried to adjourn.

 Meeting adjourned at 3:46 p.m.

 Respectfully submitted, 

Jane Hallum, Secretary Treasurer

 

/lr

 


Executive Board Minutes

August 16 & 17, 2001

Best Western Airport Inn, Albany, New York

 

 

President Benson called the meeting to order at 9:46 am, Thursday, August 16, 2001.  Members joined in the Pledge of Allegiance to the Flag.  Daniel Steen of the Department of Labor was sworn in as a new member of the Executive Board and President Benson acknowledged that Olubiyi Sehindemi had been certified by the Election Committee as a new Trustee.

 

APPROVAL OF THE AGENDA

President Benson announced amendments to the agenda.  A report on the 12.17 arbitration, the progress of the Transit Chek campaign, legislative and mobilizations reports will be added to item 8.a under the President’s Report.  He also noted that text of item 6.b should read: Dutchess, Putnam and Orange County adjustment.  Dennis Beagle requested that item 8.a 2 “Board approval of MOUs” should be moved to 6.d, Mike Keenan requested that the Finch Pruyn strike be added as item “E” of the Secretary-Treasurer’s report, Bill Sachs requested that “Capital District Mass Transit” be added under item 8.d and Ruth Gaines requested that “Dues to Labor Councils” should be added as item “F” under the Secretary-Treasurer’s report.  No objections were noted to the above requests and the agenda was amended.  Charlie McAteer requested that the start time on day two be moved to 9:00 am.  President Benson noted that two meetings were scheduled prior to the Board Meeting, but would take the suggestion under advisement and try to address it at the next Board meeting.

 

The Agenda was adopted as amended:

  1. Call Meeting to Order
  2. Pledge of Allegiance to the Flag
  3. Swear in Newly Elected Board Members
  4. Approval of the Agenda
  5. Approval of the Minutes
  6. President’s Report

a)      Priorities Focus

b)     Dutchess, Putnam and Orange County Adjustment (Follow-up)

c)      Pre-Retirement Sessions


 

d)     Board Approval of MOUs

  1. Secretary-Treasurer’s Report

a)      Budget Status

b)     Parole Memorial

c)      Timeliness of Resolutions

d)     MIS Roll-out Status

e)      Finch Pruyn Strike

f)       Dues to Central Labor Councils

  1. Committee Reports

a)      Political Action

1.      Legislative Agenda

2.      Endorsement for Mayor of Albany

b)     Convention Update

c)      Division Committee Report

  1. Member Items

a)      Constitutional Amendment

1.      Article XXII – Keenan

b)     Transit Chek

c)      NYC Field Rep Turnover

d)     Capital District Mass Transit

 

APPROVAL OF THE MINUTES

 

Charles McAteer requested that the minutes be changed to reflect that Grade 18’s and below are eligible for the Mike Darcy Scholarship.

 

President Benson moved for the adoption of the minutes as amended and received a second.  The minutes were adopted as amended.

 

PRESIDENT’S REPORT

 

Stronger Contract

President Benson reported that we are in the preparation stage for contract negotiations.  Formal negotiations will probably begin in January 2003.  He stated that in preparation for negotiations, we will focus on seven major areas: PEF’s Mobilization effort, increasing the member’s Fight-Back War Chest, membership education, building allies in the labor movement and among politicians, continue to move toward binding arbitration, the Contract Team announcement and the development of a membership survey instrument.

 

Job Security

President Benson reported that PEF has successfully fought attempts to deploy SIF members to Endicott.  He also noted that there is currently a threat at EnCon regarding Super Fund refunding.  President Benson further requested that members notify his office of any actions being taken at their workplace regarding privatization.

 

Retirement Reform

President Benson noted that there was an amendment to the Section 457 Plan and the preferred compensation trustees are waiting for the full and complete legal analysis before making any recommendations.  The President also stated that PEF is currently working on four major legislative initiatives regarding retirement reform. The initiatives include: “Service Credit” for employees in Tiers III & IV with more than 10 years of service, “25-55” which allows those who are 55 with 25 years of service to retire without penalty, “Tier I-B” which would provide service credit for Tier I-B and Tier II employees and finally, a penalty reduction for Tiers II, III & IV.

 

Civil Service Enforcement

President Benson reported that PEF is currently in the process of getting the necessary information to bring suit against the Department of Civil Service to establish prelist review for core battery.  Also, a Civil Service exam for Child Protective Specialists II & III has been scheduled as a result of a PEF lawsuit for provisionals longer than 90 days.  The President further noted that PEF has completed a three-day trial on the non-competitive classification of nurses at Roswell Park and a decision is expected in that case by the end of the year.  Finally, President Benson noted that PEF has filed a Civil Service lawsuit against the Department of Health regarding the position of Health Program Administrator and zone scoring.  The Supreme Court has not yet announced a decision on that case.

 

President Benson responded to questions and statements from several members of the board regarding his report.

 

Elizabeth Hough, Associate Counsel, reported on the status of the Article 12.17 arbitration and stated that a decision in the case is not likely before January of 2002.  Ms. Hough responded to several questions from Board members on her report.

 

Ronald Manuli requested that a memo be sent out from the President’s Office to Council Leaders, encouraging them to file grievances if there are Article 12.17 violations at their workplace.

 

Robert Carrothers, Director of Contract Administration, gave an update on the status of the EOL class action grievance and responded to several questions from Board members on the report. 

 

The meeting recessed at 12:05 pm.

 

The meeting reconvened at 1:23 pm

 

Roger Scales, Director of Field Services, reported that TransitChek petitions have been finalized and were sent to the Regions 9, 10 & 11 Field Offices and responded to questions from the Board on the report.

 

Eric Miller, Assistant Director of Mobilization & Education reported on the status of the Member Mobilization network and honored four fully mobilized Divisions:  Division 222, Division 359, Division 371 and Division 186.  Dr. Miller responded to several questions from Board members on the report.

 

Donald Morgenstern moved that member mobilizer roster not be used for any political purposes.  The motion was seconded and there was no debate.  The motion was voted upon and carried.

 

Vice President Patricia Baker introduced Leonard Mangano and Region 11 Coordinator Alan Schulkin to give background information on the fight-back campaign at the Office of Disability Determination in Brooklyn.

 

Dutchess, Putnam and Orange County Adjustment (Follow-up)

President Benson introduced Marty O’Connor, Supervisor of Budget Policy to discuss the Mid-Hudson location differential and pre-retirement sessions.  Regarding the issue of the Dutchess, Putnam and Ulster County adjustment, Mr. O’Connor noted that the Civil Service Department had supplied GOER with information and a Labor/Management meeting was scheduled with PEF and GOER within the next week

 

 

Pre-Retirement Sessions

Marty O’Connor reported and on the issue of pre-retirement planning sessions, discussions have been held with the State Comptroller’s Office and the Office of the Aging regarding improvements in the existing programs.  Mr. O’Connor responded to several questions from Board members regarding the report.

 

Board Approval of MOU’s – Goldstein item referred to   

Ronald Goldstein introduced a Constitutional Amendment stating, “All future memorandums of understanding, side agreements, side letters and similar documents, shall require the approval of the Executive Board.”  The motion was seconded.  After considerable debate, Michael DelPiano, Region 6 Coordinator, called the question.  The motion was seconded and debate was closed.  A vote was taken on the main motion and it was defeated.  Pat Leanza moved to reconsider the motion.  The motion was seconded and debate ensued.  Charles Kelefant rose on a point of order and stated the body should be debating the wisdom of the motion, not the value of the proposal itself.  A ruling by the Parliamentarian advised that appropriate debate includes the merit of the motion.  Gail Stallone called the question, the motion was seconded and debate was closed.  A vote was then taken on the reconsideration and it failed. 

 

SECRETARY-TREASURER’S REPORT

Secretary-Treasurer Hallum recognized the Ethics Committee for their decision regarding the right to access in free speech in the union.

 

Budget Status

Secretary-Treasurer Hallum reported that there were no issues to report on the budget at this time.  She noted that the audit had been completed and announced that the final audit figures will be provided at the next Board meeting.

 

Parole Memorial

Secretary-Treasurer Hallum introduced Gary Stern who proposed a motion that $25,000 be taken from the PEF reserve to support the Parole Memorial.  The motion was seconded and debate ensued.  Brian Smith moved to amend the motion, “To create a renewable discretionary fund to be administered by the Secretary-Treasurer, initially funded with $25,000, to honor any and all PEF members who may die in the line of service.”  The amendment by substitution was seconded.  After considerable debate, Carolyn Willson called the question.  Michael DelPiano, Region 6 Coordinator, rose on a point of order, noting that the money could not be allocated from the reserve because it was a reoccurring expenditure.  Secretary-Treasurer Hallum agreed and stated the money would have to go into operating expenses for the next year.  Carolyn Willson called all matters before the house.  Michael Keenan rose on a point of order stating that his understanding of the motion was not an annual contribution, but a $25,000 renewable contribution.  Brian Smith conceded to Mr. Keenan’s interpretation.  The motion to close all matters before the house received a second and debate was closed.  A vote was taken on the substitute motion and it was defeated.  On the main motion to allocate $25,000 from the reserve for the Parole memorial, a vote was taken and the motion was defeated.  Ronald Goldstein moved to reconsider the motion.  The motion was seconded and carried.  President Benson moved that the original motion be amended to $10,000.  The motion was seconded and there was considerable debate.  Ruth Gaines, Region 12 Coordinator called the question on all matters before the house.  A vote was taken on the amendment and it carried.  A vote was then taken on the main motion to allocate $10,000 from the reserve for the Parole Memorial and it carried.  Michael DelPiano, Region 6 Coordinator moved that the Board, “Create a memorial at PEF headquarters for workers, members, who are killed in the line of duty on their jobs and for $10,000 funded out of the reserve.”  There was a second to the motion and debate ensued.  Dennis Beagle rose on a point of order, questioning why there must be a two-thirds vote on the issue.  Secretary-Treasurer Hallum responded that it requires a two-thirds vote because the funding is coming out of the reserve and there was no prior notice to the Board.  President Benson proposed and it was the will of the body that the motion be referred to an ad hoc committee that would report back to the Board at the next meeting.  San Vargas moved to recess.  The motion was seconded and carried.

 

The meeting recessed at 3:43 pm.

 

The meeting reconvened at 9:30 am on August 17, 2001.

 

President Benson called the meeting back to order at 9:30 a.m. and members joined in the Pledge of Allegiance to the Flag.

 

Olubiyi Sehindemi (Mr. B) was sworn in as Trustee.  Mr. B thanked everyone that made it possible for him to hold this position.

 

Ruth Gaines moved to defer item (f) Dues to Central Labor Councils, under the Secretary-Treasurer’s report, to the next meeting.  The motion was seconded and carried.

 

Ron Goldstein offered information regarding Health Benefits and the flexible medical spending account.

 

Timeliness of Resolutions

Secretary-Treasurer Hallum reported four resolutions that were submitted for consideration at the PEF convention did not make the deadline.  Ms. Hallum further explained there were no rules established and the regulations were not clear.

 

Secretary-Treasurer Hallum was requesting that the untimely resolutions be allowed for consideration at this convention, and that the Election Committee work on rules for clarification.  The issue was so moved and seconded.

 

Mike Keenan asked that the four resolutions be mailed to all the delegates prior to the Convention.  Ms. Hallum stated this would be done.

 

After considerable discussion, the motion carried as amended.

  

     Bernie Kahn moved the following resolution:

    Whereas, PEF was formed to represent the PS&T members; and

    Whereas, PEF strives to be a democratic union; and

    Whereas, equal access is fundamental for democracy; and

    Whereas, both statute and court cases have established U.S. Post Office date                 stamp as date of receipt; and

    Whereas, PEF engages regularly in elections, petitions, resolutions, et cetera:

    Therefore be it resolved, that the U.S. Post Office date stamp be the rule for all t8me      stamping of elections, petitions, resolutions, et cetera.

 

This resolution received a second...

 

After discussion, Mike Keenan moved to refer the issue to the Elections Committee and received a second.

  

The motion was adopted with the notation that the Elections Committee work in conjunction with the Convention Committee and the Special Elections committee and report back as soon as practicable.

 

MIS Status Rollout

Secretary-Treasurer Hallum reported the computers had been delivered and the infrastructure was in place for PEF to start the rolling-out.  Ms. Hallum also stated  Council Leaders were notified that there would be approximately 130 surplus computers available for PEF Divisions.

 

There was also discussion regarding the e-mail for Executive Board members and Divisions, since PEF does own the computers.  President Benson stated he would be appointing a committee to look into all of the concerns regarding e-mail and they would report back to the Board.

 

Ruth Gaines called for the order of the day, received a second and the agenda was moved.

 

At this time Ken Dischel moved that all Executive Board meetings in calendar year 2002 be held at the Desmond Hotel.  After listening to complaint regarding hotels PEF is presently using, Bill Sachs called the question There was a second and debate was closed. The motion carried.

 

There was a call for Division of the House.  Priscilla Sweet, for the record voted no.

 

It  was announced this motion would require a two-thirds vote as it would  be a budget amendment and there was no prior notification.

 

Bernie Kahn challenged the ruling of the chair.  The chair was upheld.

 

The motion to hold all Executive Board meetings for the calendar year 2002 at the Desmond was defeated as it did not reach the two-thirds required.

 

Ron Manuli called for the order of the day and the agenda was moved.

 

Finch Pruyn

Mike Keenan moved that PEF give $1200 to the strike fund for Fynch Pruyn and received a second.  Al Visconti called the question, received a second and debate was closed.  The motion carried to give $1200 to the Fynch Pruyn strike fund.

 

Parole Memorial

Jeff Satz moved that PEF solicit contributions from other labor organizations to help defray the cost of the Parole Officers’ Memorial and any generic memorial that PEF may choose to build, and that such solicitations and any forthcoming contributions be reported to this body.  There was a second to the motion.  David Stallone called the question and debate was closed.  The motion carried.

 

Legislative  Report

Legislative Director Brian Curran  reported there were 13 bills that PEF supported that had passed both houses of the Legislature and four had already been signed by the Governor.

 

Mr. Curran reported on the bare-bones budget and answered questions presented by the Executive Board members.

 

Legislative Agenda

Vice President Ken Brynien referred to the narrative Legislative Agenda that was included in the Board kit and explained the process for suggestions and changes to the document.  He further stated there were two recommended changes to this year’s document, both under the section “Providing for a Well-Deserved Retirement”.

 

The first amendment was to eliminate the 50% reduction imposed on the pension COLA of the survivors of deceased retirees.  This was so moved and seconded.  The motion carried to recommend this amendment to the Convention delegates.

 

The second amendment was to continue to seek improvements to the deferred compensation program.  This was so moved, seconded and carried.

 

The Legislative Agenda as amendment was adopted to send to the 2001 Convention delegates.

 

Endorsement

Vice President Brynien reported the Statewide PAC discussed the endorsement for Mayor of the City of Albany and recommended that PEF not make an endorsement in that race.  This recommendation was so moved, seconded and carried.

 

Mr. Brynien answered questions on other endorsements and concluded his report.

 

Executive Board recessed at 12:05 p.m.

 

Executive Board reconvened at 1:10 p.m.

 

President Benson called the meeting back to order.  A moment of silence was observed for Tony Burns, former Region 8 PAC and statewide PAC Chair who had passed away earlier during the week.

 

President Benson gave a brief background on the establishment of Divisions to the PEF Constitution. He had asked the Divisions Committee to put together a series of  “Division standards” which would be recommended activities for Divisions that would suggest directions that would help them be more effective.

 

Division Committee Report

David Stallone, Chair of the Division Committee explained what the committee was

looking into and focusing on: the Division Treasurer’s Handbook; increasing membership involvement; and building power through Divisions.

 

Mr. Stallone stated before the reference manual was put together the draft proposals would be run by the Executive Council  and he asked for everyone’s input.

 

After answering questions on the report, a motion carried to accept the Division Committee Report.

 

Convention Committee Report

Vice President Fox went over time frames for convention material to be returned and answered questions brought forth by the Executive Board.

 

Constitutional Amendment

Mike Keenan moved the following constitutional amendment:

 

Article XXII (F)

“A constituency, be it statewide , regional, departmental, [local unit] division

title group, or sub-division thereof, shall have the sole right to determine its leadership.”

 

Mr. Keenan explained the rationale behind the amendment, received a second and the amendment passed.  This would be presented at the Year 2002 Convention.

 

Transit Chek

Ron Goldstein moved that PEF shall offer Transit chek to its own staff giving it directly to the M/Cs and offering it to the Steel Workers.  The motion received a second

 

After discussion on the issue, Mr. Goldstein agreed to change the wording, that the Executive Board recommends that the President offer this to the M/C staff.  This motion received a second.

 

Ron Manuli, on a point of order, stated, if it was a recommendation, why the need for a vote.  The response was that it carries greater weight if the Board votes and decides on it.

 

Mike DelPiano, on a point of order, stated, that is a topic of bargaining for USWA.

 

After discussion, Mike Keenan moved for a substitute motion, that the Executive Board go on record supporting Transit chek and that it be offered to all employees.  This substitute motion received a second.

 

The question was called and debate was closed.  The motion failed to recommend that the Executive Board go on record in supporting Tramsit chek for all employees.

 

The main motion that the Executive Board recommend that the President offer Transit chek to PEF employees directly to M/C employees and to the USWA union for all other employees was also defeated.

 

NYC Field Rep Turnover

Ron Goldstein moved that the President name a panel to review the PEF staff turnover rate in the New York City area.  The motion was seconded and failed.

 

Capital District Mass Transit

Bill Sachs spoke on the problem of increasing traffic and pollution in the Capital District.

He felt that as an organization of public employees, we should have a role to lead public policy in the formation of mass transit.

 

A motion to adjourn was made, seconded and carried.  The meeting adjourned at 3:34 p.m.

 

 

 

Respectfully submitted,

 

 

 

Jane Hallum

Secretary-Treasurer

 

 

Approved November 26, 2001

 


 

Executive Board Minutes

March 8 - 9. 2001

Quality Inn, Albany, New York

 

 

President Benson called the meeting to order at 9:30 a.m. Thursday, March 8, 2001.

Members joined in the Pledge of Allegiance to the Flag. Two newly elected Board members were sworn in; Darwin Richmond and June Edwards, both representing the Education Department.

Beverly Tomani announced the death of longtime PEF activist, Dick Bowman, Council Leader at Gowanda Correctional Facility. A moment of silence was observed in remembrance of Mr. Bowman.

 

APPROVAL OF THE AGENDA

President Benson announced the following amendments to the agenda: He reported there may be a side letter to the SEIU affiliation agreement regarding changing the cash flow in a more positive way for PEF, and would be presented at this meeting as a special order of business, if completed. President Benson further announced under the President's Report, Roger Scales would be doing a presentation on the 12.71 dispute and arbitration; and also under Committee Reports, he would be asking the Executive Board to approve an ethics panel.

Ron Goldstein stated, after discussion with the Secretary-Treasurer, he was withdrawing Member Item 9. d, and asked for reorganizing the items to address c, a, and b. There was no objection.

Bill Sachs requested to add an item to the Secretary-Treasurer's report, "labor management expenses" and a request for a report.

Pat Leanza asked for the status on jurisdictional challenges. President Benson responded that would be addressed as part of Article 12.17 discussion.

Doug Bullock moved address a dredging resolution as the first item under Member Items. There was a second to the motion which was defeated. The motion carried to address this as the last item to Member Items.

 

Executive Board Minutes

March 8 - 9, 2001

Page 2

 

 

 

APPROVAL OF THE AGENDA - continued

The agenda was adopted as amended.

  1. Call Meeting to Order
  2. Pledge of Allegiance to the Flag
  3. Swear in Newly Elected Executive Board Members
  4. Approval of the Agenda
  5. Approval of the Minutes
  6. Secretary-Treasurer's Report
  1. Budget
  2. EOL payment exceptions
  3. Report on new member PIN
  4. Labor Management Expenses
  1. President's Report
  1. Update on Priorities
  2. Denis Hughes, President NYS AFL-CIO presentation
  3. Albany Housing Contract
  4. Staff recognition Awards
  5. SEIU Side Letter
  1. Committee Reports
  1. Convention
    1. Agenda
    2. Travel
  1. Ethics Panel
  1. Member Items
  1. Steward Allocations
  2. Location of Executive Board Meetings
  3. Starting Times of Executive Board meetings
  4. Hudson River PCB Resolution (dredging)

 

APPROVAL OF THE MINUTES

John Kohler moved for adoption of the minutes and received a second. President Benson announced a correction to the attendance records that Craig Speers was excused. The minutes were adopted as printed.

 

 

 

 

 

Executive Board Minutes

March 8 - 9, 2001

Page 3

 

SECRETARY-TREASURER'S REPORT

Budget

Secretary-Treasurer Hallum thanked the Budget Advisory Committee, Alan Schulkin, Nithia Chatterjie, Julia Leffingwell and Bill Parolari. Also thanked was Valerie O'Dell and Tom Curley from PEF's Accounting Department.

Secretary-Treasurer Hallum explained that after Mr. Parolari, Chair of the Budget Advisory Committee addressed the Board, she would be moving for adoption of the budget and proposing an amendment.

Bill Parolari, Chair of the Budget Advisory Committee explained the goal of the committee was to insure that the revenues were put into the categories of expenditures that were promised to the Convention delegates.

After considerable time was spent going over the budget, and after Ms. Hallum answered all questions of concern, Richard Collins moved to accept the budget as proposed. The motion was seconded.

Secretary Treasurer Hallum stated she would be amending the main motion. She explained there was an errata sheet that had the effect of changing the budget.

She moved to amended the budget to move $3500 from the Budget Advisory Committee to the Pension Committee and to fund a 60 percent secretary in the Region 9 office from the temporary hires item.

Both amendments received a second and carried The main motion to adopt the

the Budget amended carried.

At this time Bill Sachs moved the following: 1) PEF upgrade each CPU; 2) Each Executive Council received a laptop computer; 3) Two digital cameras be assigned to Public Relations; 4) software upgrades, switch to Windows 2000 an upgrade to Office 2000.

Secretary-Treasurer Hallum stated, in view of the enormity of the motion, she moved to referred this to the MIS Department for analysis and recommendation, with Bill Sachs as a consultant

Debate was closed and the motion carried to refer the matter to MIS.

 

 

 

 

Executive Board Minutes

March 8 - 9, 2001

Page 4

 

 

SECRETARY-TREASURER'S REPORT - continued

Ron Manuli asked for an update on negotiations with Amalgamated Bank and Ms. Hallum responded before any switching of banks would be done, a formal proposal would have to occur and be thought out very carefully.

Secretary-Treasurer Hallum stated there was also a PEF policy regarding this and suggested the issue regarding the transfer of Divisions fund be referred to the Divisions Committee to look into. Pat Leanza stated he was planning on writing a recommendation to address at the next Executive Board meeting.

The meeting recessed at 11:45 a.m.

The Executive Board reconvened at 12:59 p.m.

President Benson called the meeting back to order and introduced Denis Hughes, President of the New York State AFL-CIO.

President Hughes spoke on the AFL-CIO Legislative Agenda discussing Taylor Law Reform, the Pension Task Force, Health and Safety, and Privatization.

During his presentation he also spoke on the process of making the AFL-CIO more responsive with the "New Alliance" and referring to the Central Labor Councils as a major component

Many questions were brought forth and answered and Mr. Hughes presentation concluded.

Payment for EOL Denial

Secretary-Treasurer Hallum explained that she had originally brought this issue up to the Board as a proposed policy and after receiving information that the EOL issue would be taken care of, she wished to amend her original proposal to pay one gentleman an amount of $164.76 that had been deducted from his pay. The motion was seconded and carried.

Report on new petitioning PIN

Secretary-Hallum reported on the new PIN project and spoke on some problems, but stated it was being accepted, as more members were willing to put their identification numbers down. She stated there was still a need to educate the members as to what their actual PIN was and as it appeared on their state payroll check. She stated they would continue to monitor the pilot and the Division Steward elections.

Executive Board Minutes

March 8 - 9, 2001

Page 5

 

Bill Sachs asked that expense reports be sent to the chairs of the statewide labor management committees for their review to eliminate any errors in expenses being charged to the wrong committee. Secretary-Treasurer Hallum replied that Vice President Baker would be requesting these printouts and sending to the labor management committees for review.

The Secretary-Treasurer's report was concluded.

 

PRESIDENT'S REPORT

President Benson reported on the administration's priorities.

Job Security

President Benson stated there were two proposed closures in OMH, Hutchings Psychiatric Center and Middletown Psychiatric Center, which had been the top priority for the past month He reported on meetings that had been held with key legislators regarding this proposed closures.

Also regarding job security there was an issue at the State Insurance Fund regarding transferring members to other work locations. President Benson reported this was also being addressed by PEF.

Stronger Contract

President Benson reported we were already looking for a Contract Team to be in place by the Annual Convention and spoke on coalition bargaining.

Retirement Reform

President Benson talked about retirement reform and stated it was keyed to he AFL-CIO, as it affects other public sector unions. The administration was continuing to work on the 25-55 and the Tier I-B and Tier II issue, as well as the Parole Heart Issue.

Civil Service Enforcement

President Benson spoke on the three lawsuits pending on the Civil Service Enforcement: Corrections counselors out of tile work, zone scoring which undermines the rule of "one in three"; and a lawsuit regarding assignment of pharmacist from Buffalo Psychiatric Center.

President Benson also commented on the smear tactics against the Division of Parole.

 

 

Executive Board Minutes

March 8 - 9, 2001

Page 6

 

PRESIDENT'S REPORT - continued

Robert Carrothers, Director of Contract Administration, addressed the transit check issue and stated this was a pretax program for transportation benefits that would be brought up with GOER within the next six months.

Mr. Carrothers also stated the process had started on the downstate adjustment and he was working with other unions to put together a package to expand the scope of the adjustment to the additional counties.

Many questions were answered regarding the President's report.

Albany Housing Contract Approval for Ratification

Kathleen Fitzmaurice, PEF Field Representative referred to the document that was mailed to the Executive Board. Ms. Fitzmaurice reported the highlights of the agreement. John Kohler, Executive Board member representing Albany Housing also commented on the proposed contract.


Neila Cardus moved to approve for ratification and received a second and the motion carried.

Roger Scales, Director of Labor Relations gave an update on Article 12.17 and reported there was a May 7th date set for arbitration on the first 12.17 grievance.

Mr. Scales continued reporting on the standby on-call grievance and overtime meal allowance regarding the retroactive date for payments, stating it as scheduled for arbitration.

Mr. Scales also reported on the jurisdictional classification challenges, stating we were in negotiations with GOER and if that failed we would be going before PERB.

Mr. Scales answered questions of concern presented by he Executive Board members.

The meeting recessed at 4:08 p.m.

President Benson called the meeting to order at 9:30 a.m., Friday, March 9th. Members joined in the Pledge of Allegiance to the Flag.

Ron Goldstein withdrew his Member Item, "Starting Times of the Executive Board Meetings".

 

 

Executive Board Minutes

March 8 - 9, 2001

Page 7

 

COMMITTEE REPORTS

Convention Committee

Convention Agenda

Vice President Fox referred to the proposed convention agenda that was included in the Executive Board kit and moved for adoption. The motion was seconded. Al Visconti asked that the Credentials Meeting be concluded at 6:00 p.m. and Charlie Kelefant asked that there be a workshop for Division Leaders or Treasurers to inform members of the new policies and procedures. There was no opposition to the two requests and the agenda was adopted.

Convention Travel Voucher

Vice President Fox referred to the convention travel voucher that was included in the Executive Board kit, and moved for acceptance. The motion was seconded and the proposed convention travel voucher was adopted.

Staff Recognition

President Benson recognized Sylvia Simone, PEF Region 3 Secretary, and praised her for not only for her outstanding service to PEF members but also credited her with saving Region 3 Coordinator, Frank Besser's life. President Benson presented Ms. Simone with an "Award of Recognition" plaque, and she thanked the Officers and Executive Board.

President Benson also recognized, Robert Jackson, Staff Director in the New York City Office and presented him with an "Award of Achievement" plaque. The award was an acknowledgement for his commitment to the improvement of education for urban children and his dedication to the labor movement. Mr. Jackson accepted the award and addressed the Board thanking them for this honor.

SEIU Side Letter

President Benson referred to the SEIU side letter that had been handed out to the Board members, and gave the history as to how it related to the SEIU dues increase.

General Counsel William Seamon went through the opinion that he gave to President Benson and Secretary-Treasurer Hallum and also went through each paragraph of the side letter.

Accounting Director Tom, Curley, went over the financial aspects of the side letter.

President Benson moved to adopt the side letter and received a second.

After many questions were answered regarding the document, Neila Cardus called the question. The motion carried to adopt the side letter.

 

Executive Board Minutes

March 8 - 9, 2001

Page 8

 

Ethics Hearing Panel

President Benson reported it was necessary for the Board to approve an Ethics Hearing Panel and moved the following nominees: Booker Ingram, Kartikey Adhvaryu, Paula Hennessy, Tom Van Bramer and Nancy Becker. There was a second to the nominees and

the motion carried.

 

MEMBER ITEMS

Executive Board Members - Division Steward Allocations

Ron Goldstein moved, that if a Board member runs in the Division Steward election and wins, they don't count toward the number of Stewards that that particular constituency is allocated. There was a response of second.

President Benson responded that he had been advised by the parliamentarian that this was a constitutional interpretation and the Board had the authority to interpret he Constitution. He also stated this would require a majority vote to pass.

At his time Bernie Kahn called for a motion to adjourn and received a second. The motion failed.

Dennis Beagle, on a point of order, voice his concern that this issue may be a change to the Constitution rather than an interpretation of the constitution.

President Benson replied that the parliamentarian advised that this could be an interpretation issue..

After discussing this issue, President Benson suggested, with the body's approval, to address this under the President's Report at the next Executive Board meeting. This was acceptable to Mr. Goldstein.

Location of Executive Board Meetings

Ron Goldstein moved that one of the Executive Board meetings be held at least 15 miles away from all other meetings in the Capital Region. This motion received second.

President Benson announced it would take a two-thirds vote to change the previously adopted policy.

Bill Sachs moved to postpone the issue until the next Board meeting and have a report from the Convention Coordinator as to alternative sites. The motion was seconded and carried.

 

Executive Board Minutes

March 8 - 9, 2001

Page 9

 

 

MEMBER ITEMS - continued