PEF/SED Statewide Labor/Management Meeting

 

March 29, 2007

 

MINUTES

 

 Labor                                                                                     Management

 Susan Kent, Chair                                                                   Gayle Bowden, Chair

Carols Garcia, co-Chair                                                            David Green

Jim Hair, PEF Field Representative                                           Daniel Kelleher

Christos Nicola                                                                         Mary K.Van Epps

Gail Rice                                                                                  Marsha Perry

William Sachs                                                                           Mary Drzonsc

Christine Kleinegger                                                                  Lenton Simms

Victoria Stockton                                                                     Diana Hinchcliff

Josephine Rice                                                                          John Delaney

Samuel Paradise

Donna Parslow

Annette Chambers                                                                    Recorder, Shelly Wang

 

Budget Update

Management explained the Executive Budget proposal and what it could mean for the Department including some program enhancements and new positions.  Management further explained that exact numbers and titles of positions were still in negotiation.  PEF requested a side by side comparison of the Department request and the Executive proposal which management agreed to provide.  PEF questioned the numbers attached to the personal service contract requests in the budget proposal and indicated that the numbers appears to be different that last year. Management explained that there was a methodology defined by the Division of Budget to implement and since there was no process in place, the numbers were guesstimates based on current spending.  Management explained that a process has been created and implemented to allow for the gathering of this information on a regular basis so that projections can be more accurate in the future.  However, Management also indicated that PEF may be comparing numbers that correspond to different information than the ones used by the Department and asked that PEF create a written request that details what they are reviewing and what information they are requesting. PEF requested a meeting; however Management stated that before a meeting could be a held a written request would still be need to research the information.  PEF agreed.  PEF requested the number that is the Department’s new position cap from the Division of the Budget.

 

Legislation Update

PEF asked for a package detailing what President Bush’s budget proposes to cut and its potential impact on the Department so that they could advocate on the federal level.  Management explained that the budget includes only total appropriations for all programs and the Department won’t really know how it will affect the state until the budget is passed and the federal agencies allocate their funds to the states.  PEF acknowledged that point but requested the information requested regarding President Bush’s budget and its potential impact on the Department in order to advocate on the federal level.  PEF stated the need to be proactive to ensure that funding is not cut and felt it imprudent to wait until the budget is passed and federal agencies are allocating funds because nothing can be changed at that point.  Since the group met the US Education Department has posted detailed budget information on its website. Those who do advocacy for PEF should use this website as a resource for federal budget information: www.ed.gov/about/overview/budget/buget08/index.html.  

 

Labor/Management and Organizational Effectiveness Commitment

PEF stated that the meeting to discuss quality of work life issues in the Department with the Commissioner has been outstanding for over a year.  Management responded that the Commissioner’s last visit to the Labor/Management table was an opportunity to have that discussion.  PEF requested a meeting away from the Labor/Management meeting to discuss quality of work life issues in the Department with the Commissioner.  Management responded that it would be reviewed. 

 

AtWork:  PEF reminded management of the request to have the link to PEF placed back on the home page of the AtWork website.  PEF suggested that the Employee Association link on the home page could be changed to an Employee Organization link, as it was in the past, and include links to the Employee Association, PEF and CSEA. 

 

Staff Attendance at L/M meetings: PEF requested that the new Chief of Staff, also known as Deputy Commissioner for Innovation, attend the Labor/Management meetings, as this is an issue that PEF would like to discuss.  Management indicated that he would attend a future meeting to meet the representatives; however he does not have human resources responsibilities and would not be a regular participant.  PEF indicated that all Deputy Commissioners are requested to attend the Labor/Management meetings.

 

Other issues: PEF and Management agreed for a small group (Gayle Bowden, David Green, Susan Kent and Carlos Garcia) to meet to discuss resolution of issues and commitment to adhere to the MOA and the L/M Agreements, joint agenda setting, and the format of the minutes.  They met twice since the last L/M meeting.

 

SED Management Restructuring

PEF requested information about the restructuring of management in the Department and it’s affect on employees.  Management explained that EMSC and OHE have been combined to become P-16 headed by a Senior Deputy Commissioner, Johanna Duncan-Poitier.  The Assistant Commissioner, Joseph Frey, in OHE has become an Associate Commissioner with more responsibility and the Director of DPLS, Robert Bentley, has become an Assistant Commissioner with more responsibility.  In P-16, the Assistant Commissioner, Jean Stevens, was promoted

to Associate Commissioner with added responsibilities; the scope of which is still being clearly defined.  An Associate Commissioner, Frank Munoz, has been assigned to oversee the Office of the Professions and for all intents and purposes he is the Deputy Commissioner for that office.  Management explained that details are still being ironed out.  PEF indicated that they would have

liked to have input as a partner in the recently appointed managers in accordance with the labor/management agreement and requested the qualifications of the appointees, as this information was only provided to the Regents and discussed in a closed door session.    Management responded that they were all qualified and that they would share the qualifications of these Management/Confidential exempt hires with PEF.  PEF has requested that the newly

appointed managers attend the March labor/management meeting to discuss the restructuring and any impact on employees.  Since none of the managers were in attendance, PEF requests a separate meeting with these managers.

 

Provisional hires

PEF expressed concern over the number of provisional hires and requested that examinations be given.  Management agreed and explained that with the suspension of the Promotional Test Battery, they were expecting more provisional hires.  They continue to work on a solution with the Department of Civil Service who are understaffed and can not keep up with the demand for exams.  The Department has offered to have exams decentralized to this Department and would handle the examination process itself as one possible solution.  In the past, the Department has even offered to fund a position at Civil Service to get some of our exams done.  However, that was not able to happen.

 

State Review Manager

PEF stated that there has been no improvement in management practices in the Office of State Review.  Management replied that they were reviewing the union’s complaints and would reply in writing very soon.

 

Exit Interviews

PEF requested exit interviews for all separating staff.  Management reminded PEF that each separated employee gets an exit questionnaire and explained that the resources did not exist currently to conduct individual interviews.

 

STAC Title Review

PEF stated that they have not received the job descriptions for the EPA 1 positions and the EFS 1 positions in STAC.  Management stated that it was given to PEF at an OMS Labor/Management meeting, but indicated a willingness to forward it again to resolve the issue.  PEF requested a copy of the actual review results.  Management indicated that they would review the possibility of sharing the findings review in writing.

 

LATS

PEF asked that all employees have their profiles adjusted to allow them to enter actual hours worked. Management indicated that the system correctly shows this information and if there are specific instances that PEF could share with Management, those issues could be researched further. The sampling that Management looked at did not reveal the issues that PEF described.  PEF also noted that LATS was not maintaining holiday hours earned on Saturday Holidays. 

Management noted that the system is working correctly and the instance described was not with LATS but on the employee’s paper timesheets and how he was accounting for his time.  The error was corrected during the paper audit process. Finally, PEF asked that the information on the AtWork site regarding work week adjustments for overtime ineligible staff be included on the LATS information sheet. Management agreed.

 

 

Traineeships

 PEF requested that HR ensure that trainee plans and performance reviews are put in place and to ensure that trainee’s are being appropriately compensated.  Also, PEF stated that trainees and supervisors are not aware that if the trainee is evaluated as exceeding standards that they will receive performance advances every six months and that staff may be due additional compensation.  Recently a PEF member that has completed a traineeship at SED contacted the State Comptroller’s Office and was found to be owed $1,412.  PEF also requested information about advancing trainees to journey level after 18 months rather than 24 months.  Management noted that the office was developing a traineeship manual for this very reason.  Employees in a two year administrative traineeship, who receive outstanding ratings at 6, 12 and 18 months, may be advanced to the journey level at the completion of 18 months.

 

Associate in School Financial Aid – EMSC

PEF requested to know if the position of Associate in School Financial Aid was filled.  PEF has an outstanding request to meet with HR about this title and the School Business Management title. PEF also indicated that management informed PEF previously that the Associate and Assistant in School Financial Aid and School Business Management titles are used interchangeably and that is why management was now using one eligible list to fill both sets of titles. PEF’s issue is that there was negative interviewing associated with the above title

because the provisional manager was telling the candidates that they did not have school business management experience and asking them to decline.  Management indicated that the manager had the option to either fill the position from the list or leave it vacant.  Management replied that they would review the titles to determine whether or not they should be combined.

 

Contract with BOCES for Data Collection

PEF requested Counsel review the liability surrounding SED contracting out to the Erie One BOCES the data collection and storage of student data for the entire State.  PEF requested to know if SED’s Office of Counsel had to review this issue when the contract was awarded.  Management replied that as part of the contract review process there were no increased liability issues identified.

 

Telecommuting

PEF asked for another review of the possibility of establishing a telecommuting program in the Department. Management declined.  PEF cited the health risks and the risks in the case of an emergency response such as the bird flu, as well as the cost of gas and the ability to use technology.  Management indicated that they would look into specific emergency health cases such as bird flu.  PEF stated that this is also a quality of work life issue to be discussed with the

Commissioner and an organizational effectiveness issue to be discussed with the Deputy Commissioner for Innovation.

 

Alternate Work Schedule

PEF stated that some units within the Department do not permit participation in the Alternate Work Schedule program and requested the Department encourage managers to allow their employees to use it.  Management replied that the Department has varying programmatic needs and the program is available to employees where it does not interfere with those program needs.  Management added that managers can be asked to give employees fair consideration, however, they would not be encouraged to allow program participation if program needs prohibit.

 

Recruitment and Selection Planning Process

PEF requested consistency in the resume screening process and in the notification of candidates that they were not selected for positions.  Management replied that there is a uniform process that the Office of Human Resources Management screens and forwards acceptable resumes to the hiring managers and notification letters are sent out as soon as possible, however sometimes word of mouth still beats the letters being mailed out.

 

Education Finance Specialist 1 Posting

PEF indicated that after the position posting closed and candidates interviewed, EPA 1s, but no other transfer candidates such as EPA2s, were notified that they could apply.  The position was not reposted and transfer candidates should have applied during the posting period because the posting contained information stating that transfer determinations were being sought through Civil Service and interested candidates should apply.  Management disagreed and stated that they

were notified before the posting expired and had an opportunity to compete for the position.  Management explained that the position in question was reposted and during that time, EPA 1s were eligible to apply for consideration as Civil Service had recently approved the transfer eligibility.  PEF requested a copy of the reposting.

 

Archives and Records Management Examinations

PEF asked if there was a promotional examination for the Archives and Records Management 3 title.  Management confirmed that this is a promotional title and there is a promotional exam although there may also be an open competitive exam held for locations outside Albany.

 

Use of Accruals prior to retirement

PEF asked for clarification on the ability to use annual leave prior to retirement because HR sent a letter to an employee stating that it was SED policy that employees could not use accruals that they would be paid for to take time off prior to retirement.  Management explained the NYS Attendance rules discourages agencies allowing employees to charge the time that they can be compensated for at retirement.  The Department allows employees to charge accruals with supervisory approval, but requires employees to physically be at work on their last day.