EBoard Minutes

March 7 & 8, 2002

Quality Inn, Albany, New York

President Benson called the meeting to order at 9:00 am, Thursday, March 7, 2002. Members joined in the Pledge of Allegiance. Louis Matrazzo of the Health Department was sworn in as Region 8 Coordinator. In addition, Ray Lee of Taxation and Finance, Piper Lutbak of Higher Education Services and Susan Woytak of the Office of Mental Health were sworn in as new members of the Executive Board.

APPROVAL OF THE AGENDA

President Benson announced amendments to the agenda. He asked that a report on the federal indictment issue be given as part of the President’s Report in executive session. In addition, he asked that Downstate Staff Director, Kalli Zervos be permitted to present the NDRI contract for consideration by the Board. This report would become item 7 (c). As a result, the Mobilizing, 12.17 and EAP reports would become (d), (e) and (f), respectively. Greg Case requested that an item on Cornell Leadership Training be added and would become item 7 (g) President Benson requested that the Monument Committee report be deferred to the June Executive Board meeting. Ronald Manuli requested that a brief update on the Dutchess, Putnam and Orange County adjustment be added to item 7 (e).. Charlie Kelefant requested that a resolution on prevailing wages be added as item 7 (h). Pat Leanza requested that an update on the bargaining unit challenges and unit negotiations be added. President Benson responded that the item would be added under 7 (e). Ronald Goldstein proposed that item 10 (a), the invitation of gubernatorial candidates to future board meetings be moved up to 8 (c) 3.

The Agenda was adopted as amended:

Call Meeting to Order
Pledge of Allegiance to the Flag
Swear in Newly Elected Board Members
Approval of the Agenda
Approval of the Minutes
Secretary-Treasurer’s Report

a) Budget

b) E-Mail Training (4:00 – 5:00 pm, Thursday)

c) E-Mail Guidelines Policy

President’s Report

a) Quality Service Award (Friday following lunch)

b) Priorities Update

1. State Budget Update

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

Secretary-Treasurer Hallum introduced Bill Parolari, Chair of the Budget Advisory Committee to address the Board. Mr. Parolari noted that there were three changes in the budget this year. Secretary-Treasurer Hallum added that funds had been allocated for the Contract Team as well as “New Strength Funds” and Mobilization and Training, as promised to the Convention delegates. Secretary-Treasurer Hallum then indicated that funding was included for PEFnet, available resources for ongoing parking issues in Albany and emergency EOL funding for Regional Coordinators.

Secretary-Treasurer Hallum responded to several questions and statements from members of the board regarding her report.

A motion was made to approve the budget. The motion was seconded and the budget was approved.

Secretary-Treasurer Hallum indicated that training for the e-mail system would be given at 4:00 pm on Thursday by Tracy McClatchie of the MIS Department.

Dan Steen moved to amend the e-mail guidelines that were distributed. Ronald Goldstein seconded the motion. Charlie Kelefant moved to amend the motion and it was seconded by Al Visconti. After considerable debate, Roger Benson moved that consideration of the E-Mail Guidelines policy and amendments be postponed until the June meeting. The motion received a second. Debate on the issue followed, Gail Stallone called the question and debate was closed. The motion was voted upon and passed.

President Benson moved that the board go into executive session. The motion was passed and the regular session of the Executive Board was recessed at 11:15 am.

President Benson stated that there were several areas to be covered in his report including: job security, stronger contract, mandatory overtime nursing campaign, update on Nurse Organizer position, Health and Safety Building Evacuation Training Program and World Trade Center funding for the families.

President Benson noted that although the Governor has not proposed layoffs, there is a continued reduction in state employees. These reductions are causing Health and Safety issues for our members at OMH facilities where understaffing is a serious problem. We plan to address this issue by focusing home district lobbying efforts in this area.

President Benson reported that at the end of the fiscal year, we would have three million dollars in the bank dedicated for activity around the contract.

President Benson reported that we have engendered support on the Tier I-B, Tier II legislation from DC 37, NYSUT and CSEA.

President Benson stated that Vice President Joe Fox would be heading a high profile Civil Service component, which would include a quarterly newsletter. The publication will announce victories and losses to provide the leadership with information to be as effective as possible in protecting the merit system.

President Benson announced that Vice President Fox asked to be relieved of his duties as Chair of the Full Staffing Committee. His request was approved and the President has asked Ruth Gaines, Region 12 Coordinator to assume the responsibilities of that position.

President Benson reported that over the next several weeks, buttons, stickers, advertising and PR will be done to bring attention to the issue of mandatory overtime as it is a legislative priority for the organization.

The President stated that the Membership Benefit Fund has approved a $106,000 Building Evacuation Program to be developed and implemented at the regional level by the PEF Health and Safety staff. It will be a six hour program and EOL will be available for health and safety activists and leadership.

President Benson announced that due to the generosity of our members, SEIU, AFT, NYSUT and the Robin Hood Charitable Fund, each of the 36 families has received approximately $65,000. A total amount of $2,340,000 has been distributed to date.

President Benson introduced Marty O’Connor, Assistant Director of Civil Service Enforcement to give an update on the state budget. Mr. O’Connor stated that PEF’s legislative budget priorities are as follows: Restore the number of adult psychiatric beds, mandate that OMH develop a statewide planning process, restore vacant shared staff positions in OMH, restore youth opportunity programs at OMRDD, increase staffing levels by 100 clinical positions in DDSO’s, reject the Governor’s proposal to transfer the State Library, State Archives and State Museum to a public benefit corporation, reject the proposal to consolidate Office of Higher Education and Office of Professions and eliminate academic reviews of colleges and university programs, expand eligibility for the Comprehensive Alcohol and Substance Abuse Treatment Program, maintain current correction counselor to inmate ratio and provide inmates with the opportunity to earn a GED, require Division of Parole to fill at least 16 vacant parole officer positions, continue state support for SUNY hospitals, restore 11 nursing home inspector positions, require DOH to meet the nursing home inspector levels, require DOT to hire more state engineers, reauthorize Superfund at a funding level sufficient to maintain its current staff and services, provide adequate resources to the pesticides regulatory program to maintain and expand current staffing services and reject the proposed reduction of 40 positions within the Office of Real Property Services.

Mr. O’Connor introduced Brian Curran, Director of Legislation and Counsel to discuss the status of the budget. Mr. Curran stated that the Governor introduced his budget for the upcoming fiscal year in January. The Legislature has completed their public hearing process and initial round of review. PEF has begun to contact key legislators to address the issues mentioned by Mr. O’Connor. The PAC and PAL’s have begun local district level lobbying and fact sheets on each of the major agency areas are being developed. He then discussed three bills that were passed and vetoed last year: The Occupational Injury Leave and the Shadow Agency Bills have not been reintroduced yet, but will again be a priority for PEF in the coming year. The Healthcare Whistle Blower Legislation has been reintroduced and he is optimistic that it will be approved. Mr. Curran also added that PEF will try to introduce legislation in the following areas: privacy rights regarding social security numbers, eligibility for overtime payments for parole officers and will consider SUNY hospital flexibility legislation as well.

Mr. Curran and Mr. O’Connor responded to several questions from Board members.

President Benson introduced Kalli Zervos, Director of Downstate Field Services to give an update on NDRI contract negotiations. Ms. Zervos reported that they were able to obtain a signed memorandum of agreement for the NDRI members in Divisions 500 and 501 in February. The four-year agreement included improvements in the areas of promotions, sick leave, severance benefits and health insurance while on layoff status and changes in Article 21 “Recall Rights.”

Jennifer Faucher moved that the tentative agreement be sent to the members of NDRI for ratification. The motion was seconded. After debate on the motion, a vote was taken and the motion carried.

President Benson introduced Dr. Eric Miller to give a contract update and report on member mobilizing. Dr. Miller announced that they currently have 63 fully mobilized divisions and noted that Region 2 has become the first fully mobilized region. He stated that the Contract Team was meeting once a month for two days of training. In addition, Roger Scales, Director of Labor Relations has been named as Chief Negotiator and Tony Wildman of NYSUT will be our AFT representative and serve as Deputy Chief Negotiator. Dr. Miller further noted that thirteen hundred members responded to the first contract survey and future surveys are planned for the coming months.

President Benson introduced Roger Scales to update the Board on Article 12.17 and stand-by on-call. Mr. Scales reported that the hearing phase is over for both cases and both are being decided by the same arbitrator. A decision is not expected in either case before late summer or early fall.

On the issue of TransitChek, Mr. Scales reported that in February, the Acting Director of GOER stated, “We hope to begin discussions relating to cost and implementation of this program (TransitChek) soon.” Mr. Scales noted that a joint discussion will be held with the unions about the program within the next few weeks.

Regarding the downstate differential, Mr. Scales stated that Neila Cardus, Region 9 Coordinator has set up a committee in Region 9 to study both the report by GOER and actions to be taken in response to that report.

Mr. Scales responded to several questions from members of the Board and introduced Bob Carrothers, Director of Contract Administration to give an update on unit determinations.

Mr. Carrothers reported that PEF filed an open petition in 1998, but has not received a response to the outstanding challenges. He noted that in the last month, PERB issued phone calls to PEF and GOER questioning the outcome of the petitions. As a result, hearings have been scheduled for May. Mr. Carrothers then explained that since the open petition needs to be filed in August of this year, the PEF leadership will be asked for their input as to which titles should be included.

Mr. Carrothers completed his report and responded to several questions from members of the Board. Ruth Gaines arose on a point of privilege and asked for a report on the status of Vice President Pat Baker. President Benson responded that Vice President Baker had been in the hospital, but was at home recovering and would be returning to work soon.

President Benson introduced Pat Smith, Executive Board Member and EAP Representative to update the Board on the status of state provided EAP services. Ms. Smith stated that although the Life Works Program (formerly Child and Elder Care) has been well received, PEF will support keeping the EAP program as it currently exists, operating apart from the Life Works program. She noted that it is extremely important to have the support of fellow members and unions in this matter.

Ms. Smith responded to several questions on her report from members of the Board.

The meeting recessed at 4:14 pm. E-mail training was held immediately following the conclusion of the session.

President Benson called the session to order at 9:40 am on Friday, June 8, 2002. Members joined in the Pledge of Allegiance to the Flag.

President Benson reviewed the schedule and noted that the Buy-Back Committee update was included as a memo in the Board kit and the Monument Committee will postpone their report until the June meeting. He added that Donna Rodriguez removed the items listed under Old Business, as they would be covered in the Convention Committee report.

President Benson introduced Greg Case to discuss his participation in the Cornell University Union Leadership Institute. Mr. Case explained that he and Pat Lavin, Council Leader of Division 265 were selected to attend the institute as representatives of PEF. He stated the purpose of the program was to increase their understanding of political, economic and social issues facing unions today. Mr. Case thanked President Benson and Secretary-Treasurer Hallum for the opportunity to participate in the program and encouraged their continued support for additional representatives to attend future sessions.

Charlie Kelefant moved that the Research and Legal Departments be directed to prepare a proposal to be brought forth at the time of the AFT Convention to pursue federal legislation which would require state governments to pay all salaries, both private and public, whose salaries are supported in part or full by federal aid funds, and that the higher prevailing wage is established for those skilled employees, including employees employed by state government, for the administration and supervision of such projects. The motion was seconded. There was no debate and motion was voted upon and carried.

President introduced Vice President Joe Fox to discuss the upcoming Convention agenda proposals. Vice President Fox stated that there were two proposals before the board. The first proposal by the Convention Committee for a two-day meeting was in response to concerns regarding time allowed for resolutions and travel considerations for the delegates. Charlie Kelefant moved that the board adopt the first proposal. The motion was seconded and debate ensued. Mike Keenan moved to amend the proposed agenda changing the starting time for the session on Monday morning from 8:45 am to 10:45 am and insert resolution committee meetings from 11:00 am to 12:30 pm. The motion was seconded and debate followed. The motion carried and the amended agenda was returned to the board for consideration. Debate followed and Jennifer Faucher moved to close debate on the motion and it was seconded. A vote was taken to close debate on the Convention Committee proposed agenda as amended. The motion passed and debate was closed. A vote was taken on the proposed amended agenda and it failed. Mike Keenan moved that the traditional three-day proposal be amended to change the plenary session on Monday from 9:00 am to 11:00 am, the resolution subcommittees would meet from 11:30 am to 1:00 pm, deleting the subcommittee meetings on Sunday night. The motion was seconded. Neila Cardus moved to amend the motion to delete resolution committees on Sunday night, change the plenary session on Monday from 8:45 am to 10:45 am, resolution groups from 11:00 am to 1:00 pm, back into plenary session from 2:30 pm to 4:00 pm and workshops from 4:30 pm to 6:30 pm. The proposal was seconded. Charlie McAteer rose to make an amendment to the amendment that would reverse the time slots for the department caucuses and workshops on Monday. The amendment was seconded and debate ensued. Charlie Kelefant moved to close all matters before the house. The motion was seconded, a vote was taken and debate was closed. A vote was then taken on the amendment by Charlie McAteer and passed. The board moved to a vote on the amendment brought forth by Neila Cardus and it passed. A final vote was taken on the main motion, brought forth by Mike Keenan and it carried.

President Benson introduced Gail Stallone and Alta Yetto, Divisions Director to discuss the delegate apportionment changes to be made. Ms. Yetto referred to a handout distributed to the board and stated that the committee recommended the report be accepted as printed, including the amendments as requested. A motion to accept was made from the floor and was seconded. There was no debate on the motion. A vote was taken and it carried.

President Benson introduced Vice President Brynien to report on Political Action. Vice President Brynien moved that on behalf of the PAC, the board adopt the proposed change to the endorsement procedures regarding special elections with the following addition: “Regions will get at least ten days in order to meet, discuss and make their recommendations to the PAC.” The motion was seconded and debate ensued. Jennifer Faucher moved to close debate. The motion was seconded, a vote was taken and debate was closed. A vote was then taken on the motion to accept the proposed changes and it carried.

Vice President Brynien moved on behalf of the Statewide PAC an early endorsement of Assemblyman Paul Tonko. The motion was seconded. A vote was taken and the motion carried.

Ronald Goldstein suggested that the Board invite Andrew Cuomo, Carl McCall and George Pataki to speak at an upcoming Executive Board meeting. President Benson stated that in consultation with the Secretary-Treasurer and Executive Council, they will accept the recommendation and act accordingly.

Wayne Bayer moved that the Executive Board recommend the Statewide PAC to meet, discuss and take a position on who to support in the New York State Democratic primary and communicate their decision to the Executive Board for approval or modification at least one week prior to the next scheduled Board meeting. The motion was seconded and debate ensued. Bob Thomas moved to close debate, received a second and debate was closed. A vote was taken on the main motion and it carried. Joe Lewis called for a division of the house. The motion carried 34 to 30. Tom Van Bramer and Joe Lewis asked that their votes opposing the motion be placed on the record.

President Benson introduced Vice President Joe Fox to discuss the committee’s recommendations. Vice President Fox stated that it was the committee’s recommendation that PO Box 12414 be the official mailbox for the receipt of Convention Resolutions. In addition, if the mail was postmarked by the required time and date, there would be a window of five (5) days after that date for it to be received in the post office box. A motion to accept the recommendations was made from the floor and seconded. Mike Harrigan rose to amend the motion to increase the window of receipt from five (5) to eight (8) days. The motion was seconded. Pat Leanza moved to close all matters before the house and received a second. A vote was taken and debate was closed. A vote was taken on the amendment and it carried. A final vote was taken on the main motion and it carried.

President Benson stated that a memo regarding Sick Leave Buy-Back was distributed and the committee will give a full report to the Board at the June meeting.

President Benson presented the Quality Service Award to Edith Cooper, Assistant Council Leader of Division 245 for her efforts in volunteering to supervise the family disaster center after the events of September 11. Ms. Cooper accepted the award and thanked the members of the board for their recognition of her work.

President Benson then moved to adjourn the meeting. The motion was seconded and the meeting was adjourned.

Amendment to the minutes: Ronald Goldstein asked the minutes to reflect that the e-mail training presentation was unable to be completed due to technical problems and would be taken up at the June Executive Board meeting.