Meeting was scheduled to begin at 10:30 a.m.

In attendance: For Labor:

Sam Wachtel Barbara Sacco

Garfield McIntyre Harvey Grossman

Robert Miller Shelly Katz

Daniel Bell Todd Fryer (in Albany)

Al Langner Priscilla Marco

For Management:

Anne Francese Joseph Burns

Barbara Watson

Labor -- Labor feels that the Bulletin Boards are too small (3' x 2') and that larger boards are needed particularly at this time when there is a lot of PEF activity regarding negotiations and due to the fact that since the move to 25 Beaver Street management does not have department bulletin boards on all floors. A lot of information has to be communicated to the membership.

Management -- Will get prices of various size bulletin boards on state contract and review the matter at that time. The same size bulletin boards will have to be provided to CSEA as well, which means the expense will be doubled.

Labor -- Labor requested an update on the status of the promotion exams and when the grades would be out.

Management -- Management responded that there was nothing new to report. The assessments had been sent to Civil Service around November 18, 1999. Civil Service is conducting an administrative review to make sure that the proper procedures were followed and the standards were consistently applied to all the candidates.

Labor -- Labor wanted to know the status of the appeal to the Civil Service Commission and whether the appeal would cover all the titles or just the entry-level titles.

Management -- Management stated that the Department had sent a letter to the Commission advising of our intent to appeal the denial of the reallocation of the entire title series, not just the entry level.

Labor -- Labor questioned the Department's authority to issue time and attendance memos to PEF employees. Labor maintains that such memos constitute a "reprimand" and the Department failed to follow the appropriate contractual procedures.

Labor felt that employees who had prior approval for use of sick leave could not be reprimanded after the fact. In addition, if they subsequently produced documentation to verify the reason for use of their leave time no purpose whatsoever is served by reprimanding them. Labor specifically objected to the use of the words "unsatisfactory" and "in need of improvement" in the memos and contended that placement in the individual’s personnel file constituted a form of discipline.

Labor questioned whether the Department was fulfilling its responsibilities under the Family and Medical Leave Act, as interpreted in a memorandum issued by the Department in 1999. That memo states that the Department has an affirmative obligation to inform the employee, when time off is requested, that such leave time may be taken under the FMLA. Labor maintained that FMLA time could not be considered in evaluating the employee’s attendance record for the year.

Labor asked if the memos were placed in the employee's personal history folders.

Management -- Management advised Labor that they misinterpreted the purpose of the time and attendance memos, the contractual obligations and the provisions of the Family and Medical Leave Act. Management stated that the current time and attendance monitoring policy had been in effect for at least twenty years and that it was applied to all negotiating units. They stated that the process constituted counseling and not discipline. Counseling is a recognized management prerogative whose objective is to change behavior of employees whose work performance or time and attendance are not acceptable. In some cases, attendance is clearly unacceptable, and in others, it needs improvement. The terms "unsatisfactory" and "needs improvement" describe these conditions. Just because an employee provides medical documentation or has been allowed to take sick leave does not necessarily mean that the absence is excused or not excessive. Generally, supervisors use the annual attendance audit as the opportunity to review employee’s use of time throughout the year. Frequent absences cause operating problems for the Bureaus and it is proper for supervisors to counsel employees on use of time. Labor was referred to provisions of the GAM manual (Section 0401) with respect to the FMLA requirements. Leave under FMLA must meet certain guidelines. It must be requested in advance and medical documentation must be provided as required. Employees cannot retroactively try to justify excessive absences by claiming it is allowable under the FMLA. The counseling memos are placed in the employee's personal history folder. Management did agree to review the form to see if the language could be modified in certain areas. A notation will be added that a copy of the memo will be placed in the personal history file.

Labor -- Two issues were discussed concerning field examiners who commute rather than stay overnight at the job location. Labor wanted information on why

(1) $3 is deducted from the daily reimbursement given to travelers if they commute;

(2) mileage and/or rental reimbursement is being taxed.

Labor wanted to know the authority for making these "adjustments". Questions were also raised about the one-year requirement for taxing the per diems of examiners who were assigned to field jobs.

Management -- The Department policy is clearly spelled out in the GAM manual. At this point, Bureau Chiefs, travel coordinators and supervisors have all been briefed on Department policies concerning travel and the one-year rule. Management shares Labor’s concerns in avoiding problems. They want to make sure that all employees and supervisors know and understand the guidelines.

Management made clear that the $3 issue applied to examiners who are in "non" travel status only. That is, the job work location is within 35 miles of the employee's home or official job station. Employees who are in travel status do not face the deduction.

With respect to the $3 deduction, Management reviewed the GAM manual guidelines (Section 0700) and also submitted correspondence with the OSC regarding this matter. The OSC gives the agency discretion to determine whether any reimbursement should be made to an employee who travels to a job location other than the official workstation when that commute is less than 35 miles. The agency may choose to reimburse additional costs which are not part of the normal commute to work.

The policy of this agency is to reimburse additional travel costs that are incurred. This means that if an employee generally spends $3 to get to work, it would be deducted from the reimbursement for mileage and tolls he/she receives.

The second issue with respect to taxes on employees in travel status, but electing not to stay overnight, is an IRS requirement. An extract of the OSC guidelines on IRS requirements was given to the Labor members which showed that the IRS requires withholding and W-2 reporting for meal allowances paid for non-overnight travel or day trips.

Labor -- Labor raised three issues:

• an evacuation policy in the event of a bomb threat,
• renovation of the 4^th floor ladies room and
• elimination of the rodent problem on the 2^nd floor.

It was also suggested that air fresheners be added to the bathrooms. Labor is also concerned about the inconsistent heating and cooling problems throughout the building.

Management -- We all share the same concerns regarding the health and safety issues. Management has suggested that the monthly health and safety subcommittee meetings be reinstituted in New York City to share information on issues and problems.

• Bomb Threat --There will be a meeting scheduled of a joint Labor/Management Committee to discuss the "bomb threat" policy. At present, the normal evacuation policy is in effect as described in the GAM manual (Section 0600).

• Bathrooms -- There is some improvement in the fourth floor ladies room. The toilets are overflowing less frequently, new soap dispensers were installed, a different cleaning person has been assigned to the floor and there is a new supervisor in charge of cleaning staff. Louvers will be added to the inside doors to increase ventilation. On the second floor men's and ladies' rooms, there has also been an improvement.

• Rodent -- The building has had exterminators come in to do a "clean up". They have used glue traps and bait in ceiling tiles and under floor carpet titles. A number of rodents have been eliminated. It will take several weeks to see results.

The Department is working with the building management to correct building issues. Administration staff meets with building management every week to discuss problems and to consider solutions. Management is also aware of heating/cooling problems. The building hired a contractor to address problems throughout the building and in particular the cold air problem in the offices over the loading dock and on the second floor/Property.

Meeting ending at 12:15 p.m.

Next meeting tentatively scheduled for March 22, 2000.