STATEWIDE

PEF/DMV LABOR/MANAGEMENT MEETING

June 13, 2007

 

 

 

Attendance:

 

                                    Union                                                  Management

                                    Karen Pellegrino                               Neal Schoen

Horace Parker                                   Kathy Gilchrist

Doug Paluszak                                  Bob Hoffmeister

Joseph Hanna                                   Steve Cooper

Alice Wiley                                         Steve France

Kurt Minersagen                                Phil Risley

                                                                                                Tina Zandri

                                                                        Lina Eisenhardt

                                                                                                Marian Tremblay

 

 

The meeting started at approximately 1:30 p.m.

 

Everyone present introduced themselves and identified their position.

 

 

·        Issue – AED Update

 

Discussion:

Medtronic, the AED vendor OGS selected to provide AEDs in state-operated facilities has been prohibited by the FDA from distributing their product due to quality control problems.  DMV will select Cardiac Science, another AED vendor, to provide both the devices and training statewide.  The installation and training must be completed by 2010.  DMV has funding to re-certify the people in the Swan Street Building who were initially trained for using the AEDs.

 

Our plan is to install the AEDs and train volunteered staff by area, starting in the Metro NY area, potentially starting this fall.

 

Status:

PEF will be updated as project continues.

 

 

 

 

·        Issue – Creating Local Health and Safety Committee

 

Discussion:

PEF raised the idea of creating local health and safety committees, modeled on the TSO in the Swan Street Building.  The Prevention of Violence in the Workplace Regulations proposed by the Department of Labor requires an initial risk evaluation and determination at each public workplace.  PEF suggested tying the establishment of local Labor and Management to the risk evaluation.

 

PEF is also interested in insuring that employee safety is considered when buildings are renovated.

 

DMV’s position is that most building problems of immediate concern in leased space, such as plumbing, need to be handled by the office manager through DMV’s Office Services in Albany because they are the contact with the landlord.  Going through a local committee may add another layer.

 

Would we want to set up a network of local contacts where issues that don’t require an immediate solution could be referred?

 

Status:

Karen Pellegrino will call her local contacts about the regulations.

 

Steve France will contact Chuck Vejvoda.

 

 

·        Issue – Workplace Violence Policy

 

Discussion:

DMV recently re-issued its Violence in the Workplace Policy memo to all employees, emphasizing that there is zero tolerance for both verbal and non-verbal threats.

 

Steve France said that management needs to be notified when threatening comments are made, even if the threat is made in an offhand manner.

 

PEF wanted to know if DFI prepared an Incident Report for every reported incidence of violence, if the reports are on file, and if they are accessible.  They also wanted to know if the reports are reviewed for repeated incidents and if Labor Relations was made aware of them.

 

 

 

Steve France will discuss this with DFI.  He emphasized that even offhand comments with an implied threat of violence are not allowed and should be reported.  In case of a direct threat to safety, local law enforcement should be notified.

 

Status:

Steve France will check with DFI on how they handle the Incident Reports.

 

The Division of Field Investigation records all incidents of threats reported to them and each incident is recorded in a database and reported in the DFI Monthly Report to the Commissioner.

 

As the reports sometimes contain personal or criminal information, unlimited access would not be given.

 

 

·        Issue – AFI Security

 

Discussion:

PEF raised several issues involving security for AFIs when they are conducting investigations.

 

1.  PIRP monitoring – Should AFIs be provided with false identification when        they are monitoring the PIRP courses?  At hearings, AFIs would have to        present their own licenses.  (PIRP monitoring is a temporary situation – if   AFIs continue to be assigned to this, the Agency may need to re-evaluate       the license issue.)

 

2.  Concealed investigations – During concealed investigations, shop owners      want to see the customer’s license.

 

      Phil Risley doesn’t want AFIs using their actual licenses during these   investigations.

 

3.  DMV employee IDs – DMV employee IDs don’t look very “Official,”       especially in situations where a DMV employee needs to identify          themselves to law enforcement officials.

 

4.  In a related Issue – Is clothing with a DMV logo for AFIs/BRIs investigating       regular complaints a possibility?  Shirts, blazers, etc?

 

      Would it be possible to get the kind of jackets used by other enforcement       agencies (like the SLA) when conducting raids?

 

 

5.  Implied threats to AFIs/BRIs conducting investigations – This has become       a more urgent issue since the arson at the Buffalo AFI site.  Should a        database be developed to compile data on incidents that would be made        available to other employees?

 

DMV is concerned that maintaining such a system would imply Agency bias in any administrative action involving the facility or its employees.  Of course, if there is a threat, it should be reported and a record kept.  On a regional basis, employees should be made aware of the history of a facility.  If the Police were called, that information should definitely be shared and a DFI Incident Report filed.

 

What happens if there are problem shops?  Should more than one AFI be sent on these investigations?

 

Vehicle Safety says that no one should go in alone.  The Agency can do something to control adversarial situations; circumstances will dictate how to handle it.  Improved communications are essential.  The Buffalo situation is an exception.

 

PEF asked if they can check if Incident Reports are filed with DFI such as the recent situation in Herald Square Office and that the person who made the complaint be notified that DFI had made an Incident Report (see Workplace Violence Policy status).

 

Vehicle Safety noted that all AFIs will be receiving cell phones (although this will not be considered a condition of employment).  AFI will be moving back to the Dingens Street location in Buffalo, with enhanced attention to security issues such as external cameras and improved lighting.

 

Steve France noted that Vehicle Safety should report threats as provided in the Prevention of Violence in the Workplace Policy.

 

Status:

DMV will look into what other Agencies do as far as identification and explore the clothing issue.

 

 

·      Issue – 4:30 Hearing Calendar on Thursdays

 

Discussion:

PEF wants to know if the 4:30 calendar on Thursdays in New York City can be eliminated; the ALJs complain of being tired and not able to devote full attention to the cases they are hearing.

 

Neal Schoen explained that the 4:30 Thursday calendar was necessary because of the difficulty of scheduling Police Officers at other times. 

The 4:30 calendar has contributed to a reduction in Police non-appearances at hearings from 30% to 15%.

 

There had been an increase in hearing caseload due to the Driver Responsibility Act.  Legal has permission to hire four more ALJs.  Also TVB has introduced a program called “Plead and Pay” which allows people to do more transactions on-line, reducing the volume of people going to the TVB Offices.

 

PEF asked if ALJ assignments could be staggered with some ALJs starting later on Thursdays.

 

Status:

Neal said that he would look at the 4:30 calendar in the future, after “Plead and Pay” has had time to affect the workload.

 

 

·        Issue – GPS in Vehicles Questions and Clarifications

 

Discussion:

GPS is being piloted in three Vehicle Safety Regions, with six systems each installed in vehicles in Yonkers, Queens, and Latham regions.  Five additional units will be installed in pool cars.

 

DMV reassured PEF that GPS can’t be used for timekeeping purposes.

 

Status:

There hasn’t been a lot of feedback so far because installation problems

delayed the start-up.

 

 

·        Issue – Desk Audits for AFIs/BRIs

 

Discussion:

This is a “hot button” issue for PEF because they believe that the workload and tasks have changed to include activities such as preparing opening and closing statements at Agency Hearings and interviewing witnesses.

 

Steve France said that to justify a desk audit, PEF would need to document in writing what had changed about the job.

 

Tina Zandri outlined that a desk audit would entail:

ü    reviewing the existing standards, duties, and job description

ü    sitting with people doing the job

ü    comparing the job with similar title in other Agencies

 

Status:

Karen Pellegrino will contact PEF research for assistance in preparing the justification.

 

 

The meeting adjourned at 3:00 p.m.