PEF/OSC STATEWIDE L/M MEETING
JUNE 24, 2008
Minutes
I. Attendees:
Management Attendees: Thomas DiNapoli – Comptroller, Mary Louise Mallick – First Deputy Comptroller, George King - Inspector General, Executive Deputy Comptrollers Joann Sullivan and Mark Pattison, Deputy Comptrollers Lynn Canton, Jacquelyn Hawkins (OSC, L/M Chairman), Celia Gonzalez, Kevin Murray, and Steve Hancox, CIO Kevin Belden, Assistant Comptrollers Sandra Powell, Ramon Rodrigues, Chris Gorka, and Angela Dixon and staff Courtney Bernard, Jay Canetto, Paul Capobianco, Larry Appel, Jeanine Dominique, Richard Hill, Randy Hotaling and Bob Blot.
PEF Attendees: Bill Clynes - PEF, L/M Chairman, PEF Executive Board Members Lyndon Jones and Craig Speers; Mike Kopkin – PEF Council Leader Division 288, PEF Stewards David Pleeter, John Lang, Michael Bazicki, Liz Myers, Mario Chiarello and Ray Moroz; Susan Radosh - PEF Field Representative, and Josephine Rice – PEF Recorder.
II. Welcoming Remarks:
The Comptroller stated OSC has able to meet the Governor’s requested budget reduction of 3.25 percent primarily. The Comptroller chose to meet it without implementing a hiring or promotion freeze. More information will be provided at a later date. The Comptroller acknowledged that this was Management’s LM Chair Jackie Hawkins last meeting, since she was retiring in July. Also, this year the OSC Service awards many more recipients than last year, including six employees with 40 years of State service. The June 2008 OSC Picnic went well and over 800 employees attended.
The Comptroller takes the recently completed OSC Employee Opinion Survey suggestions and recommendations very seriously. Jackie met with PEF and CSEA to discuss how it will be used and follow up. Scheduled follow up meeting for mid July. The PEF pay bill was passed by legislature and signed. OSC completed the extensive work necessary to process the payment on July 9. If OSC staff have question about their retro payment, they should contact Jerry Knap of OSC Personal Services.
PEF too acknowledged the upcoming retirement of two long time LM members, both who have left their impact on OSC. Bill stated Deputy Comptroller Jackie Hawkins has been the OSC LM Chair for his entire time as the PEF LM Chair. Jackie brokered several significant MUUÆ s. She followed the lead of the three Comptrollers she worked for. Under Comptroller McCall, Jackie encouraged staff and managers to attend OSC social and recognition events and even authorized interns to attend such morale building events. At a PEF LM meeting, when Comptroller Hevesi gave the go ahead for the walking program, Jackie became a strong advocate for the program expanding it into a Wellness program and encouraging staff participation.
Twenty plus year PEF steward Dave L. Pleeter also affected the work environment of OSC employees. David was the spokesperson for the usually forgotten OSC field staff. He spoke about ergonomics before most OSC managers could spell the word. His continuously and persistently pestering resulted in significant changes in management’s view of this issue. After this meeting when you return to your ergonomic work station, consider thanking David for it.
We have several important issues to discuss today, travel, changes in job descriptions and telecommunication among them. Unfortunately, today we will see the difference in results when PEF is involved in the discussions and when it is not.
III. Issues Resolved, Agreements Reached or Progress Made:
1 Travel
PEF proposed a standardized travel policy for OSC in a February 2008 letter to the Comptroller. Management agreed with the proposed changes in the requirements for Jay: overnight and day trips over 35 miles. (Half hour traveled (previously one hour) on employee’s time, the remainder on State time). Only area differing is no allowance on local travel verse PEF concept of only having to travel your normal commute. While PEF is glad that there is movement there still remains some unique situations with NYC and local government staff that need to be addressed. PEF asked if staff can begin traveling the half hour on trips over 35 miles. The Comptroller state that as long as it is represented as “helpful” the policy can be issued soon.
PEF asked for clarification on the use of State credit cards. When OSC staff incurs large amounts of travel costs at the end of the fiscal year, what can they use the credit card for? Does OSC have guidelines? Management stated that statewide guidelines for typical items such as meals and lodging. You cannot buy tires, oil change because that’s calculated on mileage reimbursement. However, Management did state that you can use the card but when it comes for reimbursement take it off voucher (i.e. Oil change, can use card and take off voucher.) PEF asked if Management could publish guidelines. Management we need to have a follow up meeting.
IV. Issues Unresolved or Needing Follow Up:
l. Civil Service Matters:
a) Proposed Changes to State Program Examiner Series:
PEF expressed it concerns over the proposed changes to the job descriptions for the State Program Examiner (SPE) series. The change includes significant increases in staff responsibilities (grade 18 doing the function previously done by grade 23) without any increase in compensation. PEF believes this is a change in the terms and condition of employment. Also, the proposed description is rather vague. The proposed job description allows auditors to develop computer systems and perform almost any type of administrative task. Local PEF was asked by PEF to write a letter with its concerns to Civil Service. Management responded that it had heard PEFÆs concerns at a prior meeting to discuss the proposed classification standards and was considering some changes to the standards. Management suggested PEF may want to see the revised standards, before writing to Civil Service.
b) Promotional Examinations:
PEF asked when will Management establish the promotional examination schedule? Management stated it should be finalized by September 2008. OSC has an aggressive examination plan, but must compete with other agencies for limited Civil Service resources.
2. OSC Parking Subcommittee
While PEF represents over 50 percent of OSC employees, it has less than 1/5 of parking committee composition. PEF is looking for a more weighted average represented. Also, PEF believes that non employee requests for special parking or other special arrangements (as was done for the nurse), should be run through committee for feedback. Jackie apologized and indicated should have been done.
PEF reminded Management that the allocation of spots in the Howard Street Garage (75 percent union and 25 percent management confidential {MC}) was established during negotiations over the move to 110 State Street and that the inclusion of “comptroller spaces” into the MC allocation was confirmed and agreed in a meeting in January 2004, between PEF President Roger Benson and OSC Executive Deputy Sanzillo and Executive Comptroller Ritter. PEF pointed out that the current MC controlled parking committee made a recommendation to Ms Hawkins to change the prior allocation agreements. PEF hope that the Comptroller’s Office would continue to honor its prior agreements. Jackie planned to meet during the first week of July to discuss PEF’s concerns.
3. Telecommuting
Management announced the department-wide pilot telecommuting program information was sent out electronically to GOER and the Deputy Comptrollers for feedback. Despite existing MOUs, the proposed policy removes field examiners from all telecommuting guidelines because of nature of job description terms and conditions of employment already assigned out for different work locations. This may apply to some staff in the CIO office too. Policy will apply to vast majority of OSC PST employees and has an assessment tool for individual and supervisor to determine if they are appropriate for telecommuting. Term is one year to decide if adjustments are needed. Work at home policy still in place and separate from telecommuting. PEF stated that the MOU in the contract requires a policy needs to be negotiated with PEF. The MOU states that certain portions can be grieved up to arbitration if needed. Sandra Powell stated that OSC sent its proposed guidelines to GOER, who told OSC that telecommuting does not need to be negotiated with PEF. PEF stated further that OSC Management is proposing to unilaterally ignore the 4 existing MOUs on Telecommuting. Sandra responded that OSC will have one agency wide program, which would supersede any others in existence.
Jackie stated that Management checked with GOER to understand parameters and they provided us with guidance. Based on their advice, they said they already negotiated terms and conditions of telecomm through contract. We are moving forward based on contract. We are on meet and confer mode. We provided you with second draft of program. Invited your comment will consider your comments to insure not missed anything, and then Management is prepared to move forward with pilot program. Will listen and see how working over one year period. Management is very comfortable where we are. Susan: specific language grievable, must be developed at agency LM forum, it’s you opinion and GOER that that language is different than what this means. PEF attorneys disagree with Management’s position and PEF believes that OSC actions are a violation of both the Taylor Law and contract. Now, we have to grieve this policy to withhold our rights. If GOER supports you, we will go to arbitration. If whoever gave you advice, PEF believes Management will lose at 3ö' step. PEF is still confused with Management’s and GOER view on field staff. It is Management’s belief that by definition anyone in field title telecommutes every day. That’s GOER’s interpretation. Management went into this mode with understanding we were all interested in agency wide program. Before began to confer with this table, we got guidance from GOER. If being mislead, GOER is there to represent us. PEF responded that after years of working together Management has chosen to implement this and go to war. PEF expressed it disappointment no extensive meetings between PEF leadership and management occurred on this matter. We have always been able to do that. The approach followed here is a poor expression on how we are supposed to conduct this process. Management did indicate that since it believe that field staff are excluded from its telecommuting policy, managers in the Office of State and Local Government Accountability will meet with PEF to discuss next steps.
4. Out of Title at OSC
Management believes it has made significant progress in addressing each out of title situation. Management is moving forward with either earmarking job until incumbent leaves or by addressing it by changing job description. Will continue with any issues further identified. PEF responded it has and continues to identify folks who working out of title throughout OSC. Only some of Management’s proposals, such as moving staff to a new title have been considered acceptable. PEF opposes both earmarking positions or changing job classifications to make current out of title work allowable. PEF may have to consider individual OOT grievances to resolve one and for all. PEF has showed tremendous restraint in not filing sooner.
5. State Government Accountability (SGA)
PEF stated that a burden is being placed on employees in NYC, who are not expected to report to an office. Examiners work at field locations all the time, but the office is designated as official work station. This causes travel concerns in and around NYC. Management needs to look at other state employees who are given travel time to reach field work locations. It is nothing for NYC staff to incur 2 hour travel in reach way to reach audit sites. By designating 123 William Street as their official station, when not expected to go there, SGA staff have an exorbitant area covered by the 35 mile rule from either their home or their official station. These examiners can work 11.5 hour day 5 days a week because of designation of their official station verses their actual work site.
Also, OSC does not have a designated place for field staff to work and State travel policy does not deal with work hours or work week. Management asked if PEF is requesting official stations be the examiner’s home? PEF responded that would be a major step in the right location and if management assigns work to locations that would be manageable, it would save money. Management responded it has worked with SGA managers on assignments to be conscious with costs. However, the requested change in official station was evaluated and found to be very costly. Management will continue to look at it. NYC is a factor in the agency wide policy. PEF responded that travel time is not in the state policy for NYC. Costs can be manageable if Management looked at it. Previously, PEF made a proposal for Management to look at. PEF asked if “field examiners” were no longer allowed to telecommute, based on OSC proposed policy. Deputy Comptroller Canton responded it’s called different. Since they are at alternate sites most of the time they are technically telecommuting. PEF ask why is their official work station 123 William Street. If all field examiners report to work there tomorrow, would there be room? Management responded that examiner report to work assignments which are in the field. PEF ask why don’t they all report to official station then go to field assignments. In other agencies that’s how it works. Your travel, reimbursement is based on travel from official station to assigned work. If not telecommuters because not covered by OSCÆs proposed agreement, and they can work from home as much as they want, then their work station is from home. Management disagreed that one has to come to official station prior to assignment. PEF responded that’s distinction between travel and at home. When not in travel status you report to your official station. What’s point of an official work station? That’s the issue. Some field staff
Don’t have a place because home official station, some saying have a station but we don’t want them to come there. The OSC proposed Telecommuting policy points this out better than we could have hoped. Official station is where you do work when not traveling.
PEF expressed concerns over promotional opportunities for NYC staff, when most special assignments and units (Risk Assessment, Network Security) are located in the Albany office. Previously, Management had expressed interest in helping increased opportunities, but nothing was been done.
6. Local Government Accountability (LGA)
In April a meeting took place between stewards and management team. Ergonomic issues continue. PEF requested a briefing in Syracuse Assistant Director Bill Campbell briefed us on Rockefeller College study. PEF was not a part of the study, and had no input or interviews. The Study’s recommendations mirrored PEF’s concerns expressed at division labor management meetings. Major unresolved and outstanding issues in divisional labor management include Teammate dysfunction, micromanagement of field staff, severe ergonomic problems and reports of injury from continued usage of laptops, unrealistic audit production goals, destruction of hardcopy workpapers and reference files, issues in the Syracuse Office due to inadequate space that doesn’t meet labor standards and failure to reach agreement on PEF’s 6/13/07 compromise proposal on field audits, Management stated it will schedule meeting on the employee opinion survey and acknowledge the low scores in autonomy and authority questions.
V. Information Shared:
1. Budget and Staffing:
As of June 25, 2008, OSC had 2,585 FIEs with 1,306 being PST employees. OSC’s plan to meet the 3.25 reduction was accepted by the Governor. The plan contains $4.8 million (equally divided between Personal Service and OTPS costs) reduction in general and special revenue funds. The Deputy Comptrollers are working on implementing the reductions by year end. Once the specifics are determined, the Executive Deputy Comptroller agreed to share it with OSC staff, mostly through an electronic Bulletin Board posting.
OSC was able to establish eligibility lists for Associate Accountants (moving 11 provisionals into permanent items) and the Project Management series. Management is also working on a classification package for positions for the resign of the employee retirement system.
PEF requested a detailed listing of PST employees by OSC Divisions and Bureaus for its upcoming establishment of E-Board constituencies.
2. Building Management:
Work has begun at Riverview Center to improve employee work stations for the Employee Retirement Division. It should take the landlord 8 to 10 weeks to complete. As part of the Green initiative, OSC is working on getting LEEDEB status for existing buildings. It’s an 18 month process and OSC has hired a firm as facilitator to achieve the goals for recycle, carpooling and other environmental friendly activities. Concerning 110 State Street Lighting – Management wants to improve the appearance of the building and does not want its employees to remove light bulbs. Management is actively replacing those that have been removed and obtained special covers to control glare and installed it on over 180 lights throughout 110 State Street. PEF pointed out that no one has removed light bulbs in several years and questioned the economic and environment logic of reinstalling light bulbs, only to cover the bulbs with glare guards. PEF also reminded management that the Employee Retiree System (ERS) has employees working hard seven days a week to ensure retirees receive their pension checks as soon as possible and their ability to meet that objective should take preference over the visual appeal of the building.
3. Employee Opinion Survey (EOS):
OSC rollout the EOS on schedule, briefing and obtaining feedback from both PEF and CSEA. PEF asked for additional information, such as transcripts of narrative comments, which it believes would be very important. Also, PEF would like to see regional data. OSC Divisions received their particular results and have begun internal discussions. Each division has its own roll out plan, but the approach is up to Division Management. Most Divisions are sharing with executive team first and then will talk with union representatives for additional questions. Unions have identified specific information they felt would be necessary to interpret data. PEF would like involvement in those OSC Divisions that lack union stewards. Also, PEF expressed concerns over the way the survey results were being handled in the Division of Local Government Services.
4. LM Training
Management spoke with Linda Scalvo of GOER, who indicated as soon as we as an agency have completed our lm training request, she would meet with Cliff Merchant, to review request and determine and meet with OSC for LM training.
5. Work Place Violence
Management shared it proposed policy with the EAP coordinator for feedback to ensure compliance with EAP requirements. EAP has concerns around confidentiality and reporting requirements. Management believes it has draft a policy in compliance with OPDV model. Statewide EAP expressed to OPDV its concerns about impact of that model policy. We redrafted our policy with revisions, added language for imminent threat of serious physical violence. Management reassured the EAP Coordinator any reporting requirement would have to do with data, not names, locations, identifiers. Policy and Program are due by August 15. PEF asked if policy could be share with PEF so its concerns, if any could be addressed prior to implementation. Management responded that developing a policy is their job. The LM committee is responsible for developing the program.