Payroll Information for PEF Members

The Office of the State Comptroller has released Payroll Bulletins, 1137, 1142, 1146.

Performance (Longevity) Awards will be issued in separate checks which will be dated as follows:

• Institution Payroll (check dated April 19, 2012);
• Administration Payroll (check dated April 25, 2012).

The reduction in the percentage of the Deficit Reduction withholding for FY 2012-2013 required by Article 21.1(b) of the 2011-2015 PS&T Unit Agreement will be reduced to 1.847% effective with the following paychecks:

• Institution Payroll (check dated April 5, 2012);
• Administration Payroll (check dated April 11, 2012).

Additionally, the payment of Special Assignment to Duty (SAD) pay to eligible employees in the Department of Transportation or the Department of Parks, Recreation and Historic Preservation has been authorized.  Eligible employees whose assignments brought them into unavoidable proximity to vehicular traffic in the highway right-of-way at least one-third of the time in calendar year 2011 are eligible to receive a $500 lump sum payment in the Administration Payroll paycheck dated April 11, 2012. This benefit is provided by the Special Assignment to Duty Pay program side letter which is contained in Appendix III of the 2011-2015 PS&T Unit Agreement.  

If you have questions regarding these payments or your eligibility please contact your PEF Field Representative.

PEF Statement on Court of Appeals Decision on No-Layoff Clause

On November 17, 2011, the New York Court of Appeals ruled that the termination of six firefighters for budgetary reasons did not fall within the no-layoff clause of the Collective Bargaining Agreement (“CBA”) between the Village of Johnson City and the Johnson City Professional Firefighters, and therefore the terminations were not arbitrable under the CBA.  In a sharply divided 4-3 decision, the Court of Appeals held that given the particular contract in this case, the Village was not required to arbitrate the meaning of a “no-layoff clause” in the CBA.

The full no-layoff clause in the Johnson City Firefighters CBA states:  “A. The Village shall not lay-off any member of the bargaining unit during the term of this contract. B. The Village shall not be required to ‘back fill’ hire additional members to meet staffing level of expired agreement.”

Although comments have been made in the media which would lead many to conclude that this decision broke new ground, the Court of Appeals was actually relying on longstanding precedent that holds “a purported job security provision does not violate public policy, and therefore is valid and enforceable, only if the provision is ‘explicit,’ the CBA extends for a ‘reasonable period of time,’ and the CBA ‘was not negotiated in a period of legislatively declared financial emergency between parties of unequal bargaining power.’ ”  The Court also reiterated that the most important thing about the language of a job security clause was that it was “explicit in its protection of the [workers] from abolition of other positions due to budgetary stringencies.”  The Court ultimately addressed whether the “no-layoff” clause in the Johnson City Firefighters contract was “explicit, unambiguous and comprehensive.”  On that issue, the Court ruled that the clause did not “explicitly protect the firefighters from the abolition of their positions due to economic and budgetary stringencies” and that the term “layoff” is “undefined in the CBA and open to different and reasonable interpretations.”

In light of the Firefighters’ decision, PEF has been asked whether the recently ratified PEF-State of New York CBA containing lay-off protection could be vulnerable to the same type of interpretation.  PEF adamantly believes that it would not be vulnerable to such an interpretation.

First, there is absolutely no indication the State will not live up to the Workforce Reduction Limitation provision it bargained and negotiated with PEF.  At the time of negotiations, the State was fully aware of the financial circumstances facing the State the rest of this fiscal year and the next.  Clearly, the likelihood of revenue shortfalls facing the State was not unanticipated, yet the State went ahead and signed the contract and rescinded the 3,500 scheduled layoffs.

Second, the job security clause PEF negotiated is explicit in its protection of PEF members from “layoffs resulting from the facts and circumstances that gave rise to the present need for $450 million in workforce savings.”  As the job security clause in the PEF-State Contract is explicit, unambiguous and comprehensive, should the need ever arise, PEF firmly believes that the job security provision in the PEF-State CBA would be subject to arbitration.

PS&T Contract Implementation FAQ

The FAQ below will provide guidance on how provisions of the new PS&T agreement will be implemented:

2011-2015 PS&T Unit Agreement Frequently Asked Questions

PEF Members Ratify Revised Tentative Agreement, 3,496 Jobs Saved

Albany - By a count of 27,718 to 11,645, members of the New York State Public Employees Federation (PEF) ratified a revised four-year agreement with the state that averts significant layoffs.

The ratification of the new agreement saves the jobs of 3,496 PEF members and preserves the vital services our members provide.

The agreement preserves the pay-scale, the employment and the careers of PEF members.  It maintains increments and salary-grade parity, longevity payments and co-pays for doctor visits at their current levels.  It calls for no salary increases for years 2011, 2012 and 2013. A salary increase of 2 percent is included for 2014.

The new contract increases the share members will pay of their health insurance premiums, but includes changes to the productivity enhancement program which will allow members greater opportunity to use vacation time to offset health insurance costs.  The new contract includes reimbursement for the 9 furlough days payable at the end of the agreement.

“More than 75 percent of our membership voted on the agreement,” said PEF President Ken Brynien.

“Although this was a difficult decision for our members, it demonstrates they are willing to do their part to put New York state on a stable financial footing, as all New Yorkers should, and are helping to resolve a fiscal crisis for which they were not responsible.

“This agreement preserves our members’ jobs and the services they provide.  During this economic downturn, the state’s citizens are more dependent on these vital services than ever, in the wake of the flooding earlier this year.

“We are certain the governor understands the sacrifice our members have agreed to accept, and recognizes the value PEF members and other public employees provide to the citizens of the state.

“We now call on the governor as part of his efforts to increase the efficiency of state government, to direct his attention to areas where PEF has highlighted cost savings.  These areas include the elimination of wasteful contracting out and reducing the state’s excessive authorities, commissions and public benefit corporations that make up the state’s shadow government,” Brynien said.

Contract Vote Count

PEF will hold a press conference at PEF headquarters in Latham today (Thursday, November 3) at 2:30 pm to announce the results of the revised contract vote count. PEF Vice President and Contract Chair Tom Comanzo will be joined by Vice President Joe Fox and Secretary-Treasurer Arlea Igoe to make the announcement.

PEF President Ken Brynien and Vice President Pat Baker and the contract team will be at the Manhattan office of the American Arbitration Association where the count is taking place.