DIVISION OF HUMAN RIGHTS LABOR/MANAGEMENT COMMITTEE
225 Broadway, Suite 1406, New York City
Thursday, February 15, 2007
Attendees:
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Division 329 Council |
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Margaret Jackson, Chairperson, Treasurer/Steward Lilliana Estrella-Castillo, Secretary Carlos Arroyo, Regional Field Representative Vernetta Chesimard, Region 10 Coordinator
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PEF Representatives |
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Roberto Chavez Jorge Costa Victor DeAmelia Armount Joseph Christopher R. Knauth Kevin Lynch Veanka McKenzie Glenn Nichtenhauser Hector Rodriguez Arlyne Zwyer |
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Management Representatives
Kumiki Gibson, Commissioner Designate
Shanette M. Brown, Special Assistant to the Commissioner
Edward A. Friedland, Executive Deputy Commissioner
Caroline Downey, Acting General Counsel
OPENING REMARKS
The committee members introduced themselves and welcomed Commissioner Kumiki Gibson. PEF opened the meeting by reading a portion of Article 24 of the Collective Bargaining Agreement (CBA), which describes the Labor/Management Committee process, and described the purpose of meeting as a coming together to address issues and concerns, and opportunity for Management to hear those issues. PEF asked the Commissioner how she views the mission of the Division and her vision for the Agency.
The Commissioner responded that her mission is exactly as it appears on the Division’s website
that is, to remove the barriers and fight discrimination. She stated she is committed to the working class and poor people of the State of New York. She envisions providing quality service, an alternative to the courts, and a place for claims to be redressed. She feels that the process is not working as efficiently as it should or could: The number of complaints has gone down; statutory targets are not being met (and they are reasonable); and the Division is perceived as not meeting its mission. The Commissioner is committed to providing first quality service to the people of New York. She feels that the Division should provide opportunities to people who work here; provide professional development.
The Commissioner objected to the meeting on the grounds that it was not duly noticed or duly convened: She first received the agenda on Monday, February 12; was not asked for input on the agenda, or given an opportunity to discuss the meeting or the agenda items; and was provided with a revised agenda fifteen minutes before the start of the meeting on February 15th, which, like the original agenda, was not developed as a result of any discussions or negotiations.
The Commissioner also objected to the meeting on the ground that it could not confirm that PEF/the members present had complied the representation provisions of the Collective Bargaining Agreement (CBA) and/or the Memorandum of Agreement Between the Statewide Public Employees Federation Members of the Division of Human Rights (PEF) and the Management of the New York State Division of Human Rights (DHR), dated November 30, 1995.
PEF acknowledged Management’s concern and committed that going forward it will follow the procedures outlined in the CBA and the Memorandum of Agreement Between PEF and DHR, dated November 30, 1995.
The parties then proceeded to discuss the items listed on the revised agenda.
ISSUE
Dress Code
DISCUSSION
PEF has been advised that Management had set a policy that its attorneys are not allowed to wear jeans or sneakers to work. PEF informed Management that, in its view, the State does not have a dress code, and one cannot be imposed on the attorneys without prior negotiations. PEF informed Management that, in its view, such an imposition, without negotiations, is a violation of the Taylor Law, as an improper labor practice. Management noted PEF’s position, stated that it has a different point of view, and objected to the discussion of the issue at this meeting in light of the fact that Management had heard that the issue would be the subject of a formal grievance.
ISSUE
Changes in Tasks and Standards
DISCUSSION
PEF advised Management that changes in tasks and standards cannot be done unilaterally by Management, without input from PEF. Management expressed its view that it will listen to PEF’s interpretation of the CBA, and PEF’s position will be duly noted.
ISSUE
Status of Enforcement Unit
DISCUSSION
PEF asked about the creation of the Enforcement Unit. Management acknowledged that it is creating an Enforcement Unit or Division. Management expects that this new unit will initiate complaints, because the Division has not done that in a long time. Management expects that the Prosecutions Unit will be moved to the Enforcement Unit, and that the head of this Unit/Division will oversee the work of investigators. The Commissioner made clear that none of this is final yet, as she is still thinking about how to best improve the effectiveness and efficiency of the agency. Management would like for the employees to be excited about working at the Division, but understands the anxiety about change. PEF expressed the opinion that it would be helpful to keep in mind that change is not easy, and we should work together. Management expressed that it is trying to be sensitive to the employees’ anxiety; and everything that it does is to make everyone look better. The goal is to build an effective and efficient institution that will endure, no matter who is Governor or Commissioner. PEF commented that we are here to improve the Commissioner’s image also; it is a two way street.
ISSUE
Posting of Vacancies, List of Vacancies, New Hires, and Promotions
DISCUSSION
PEF asked for information regarding vacancies, new hires, and promotions of PEF members. According to PEF, this information has been shared with PEF at these meetings. Management stated that it did not know how this information was provided in the past, but it will review this request and get back to PEF with its decision, because it shares the desire to make opportunities available to all staff members. Management desires to move people up, and make promotional opportunities available to everyone who is willing to forgo civil service protections. Management also agreed to post or circulate any PEF positions under active recruitment, and to advise DHR staff of new hires.
ACTION
Management will review the process generally, but, in the meantime, will post or circulate any PEF positions under active recruitment, and will advise DHR staff of new hires.
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ISSUE
Outsource Contracts
DISCUSSION
PEF inquired whether there are any outsource contracts. Management was not clear on PEF’s question, but stated that there are no contracts identified in DHR’s proposed budget (other than those with HUD and the EEOC). Management then informed PEF and its members that the Division received three new lines, while other agencies are being asked to cut staff. PEF members asked whether these new lines would be for PEF positions or other made exempt or non-competitive. Management advised that no decisions have yet been made, and that when they are they will be based on the needs of the agency.
ISSUE
Budget and Impact on Agency
DISCUSSION
PEF asked for a copy of the budget. Management advised that the Division’s budget is public and can be accessed by anyone online.
ISSUE
Status of EEOC and HUD contracts
DISCUSSION
PEF inquired about the current status of the EEOC and HUD contracts. Management advised that a review of the last numbers showed the Division was behind in targets, but it will not impact the Division or its staff because the Governor is committed to the Agency. Management also advised that PEF members who are agency personnel can view and/or track the EEOC and/or HUD numbers online.
ISSUE
Comptroller’s Audit
DISCUSSION
PEF asked for a copy of the second audit, and pointed out that the audit indicated that the deficiencies lay with Management, and not personnel. Management stated that it was not clear on what audit was PEF was referring to, but pointed out that it believes, as a general matter, that audits are beneficial because they tend to be overly critical, and we are a fiduciary to the people of the State of New York. Management advised that the Commissioner asked the Comptroller’s office for an audit of the financial operations because she wants to know the conditions of that unit as of the date she joined the Division. She feels that there is room for improvement.
On a more general topic, Management stated that it is not easy to recruit for the Division because of the reputation it has of being dysfunctional and also because of its Bronx location. She encourages the current staff to ask whether there are positions available, and welcomes all members to apply and talk with her about their future. PEF asked where Commissioner got information regarding the Division because it has been recognized as the best human rights agency in the country. Management (through its Acting General Counsel, who is long-term employee) noted that the Division’s reputation is not great and that we cannot deny that, which is evidenced, in part, by the NOW litigation and at least one bill that would give the Legislature oversight responsibility and authority over the Division, which has come very close to being passed. PEF pointed out that a lot was learned from where the Commissioner got her information regarding the Division, and that sometimes it is best to get the information first hand. PEF informed Management that it would have been helpful for the Commissioner to have advised the staff where she received her information regarding the reputation of the Division when she spoke to staff members who believe that she has a distorted view of the employees.
Management did not disagree, but noted that the backlog, the NOW litigation, and the legislative proposal are public record and well known.
ISSUE
New Complaint In-Take Form
DISCUSSION
PEF inquired about whether there will be a Centralized Complaint Unit and how will the forms be processed and streamed lined. Management said the form is to facilitate the complaint process for complainants. Management is still working on the form, which will likely undergo several changes before it is perfected. Management also stated that there will be a Centralized Complaint Unit in the Bronx.
ISSUE
Alternate Work Schedules
DISCUSSION
PEF inquired whether the Commissioner intends to comply with the agency-wide Compressed Work Week Agreement, which is still in effect although some members had their compressed time revoked. PEF advised Management that alternative work schedules make the work force more productive because it allows the work force to deal with personal issues while still coming to work. PEF pointed out that there is also a process for how requests and denials of alternative work schedules should be handled, and those are outlined in an existing Memorandum of Understanding between PEF and Management.
Management stated that it did not agree that that Agreement is still effective, that it has not acted contrary to any law or agreement with respect to anyone’s work schedule. Management pointed out that the Division is undergoing a lot of change, all for the purpose of making it more efficient and effective in meeting its mission. Management made clear that it expects its staff members to act like professionals, which requires more than just showing up. It means working toward the Division’s mission and taking pride in that work. Management states that it means a dress code for the lawyers because they are professionals who enforce the law, and for the ALJs who are administering justice.
ISSUE
Health and Safety Issues were tabled by PEF
DISCUSSION
Despite the fact that PEF tabled these issues, PEF thanked Management for addressing the health and safety issues that were presented prior to the Labor/Management meeting. PEF indicated that the building in Brooklyn is being sold and inquired whether the Division has looked for new space. Management stated that health and safety issues are extremely important issues and that it would like them on the agenda of every meeting. Management further advised that they just received the information about the building in Brooklyn, and the Division office there will have to be relocated. Management is reviewing the alternatives.
NEW BUSINESS:
Management wants an opportunity to review the CBA, the Agreement regarding Labor/Management meetings, and the Alternative Work Schedule Agreement. PEF noted the importance of Labor/Management meetings, pointing out that if there is a problem, it is the members of the Labor/Management Committee who would hear about it first, and would help with a resolution. Management shared its view that it would like a harmonious working relationship with all Division employees and with PEF, but that would require mutual respect and a real commitment to furthering the mission of the Division and to understanding different points of view on how to achieve that. PEF and Management agreed that that would start with the next meeting, which will involve the joint development of the agenda.
Next meeting tentatively scheduled for May 17, 2007, in the Bronx Office, at 1:30 pm.