NYSIF DIVISION 240
L/M MEETING MINUTES
199 Church Street., New York City
December 13th 2007
PEF MANAGEMENT
Catherine Kozlowski David Wehner
Kenneth J. Johnson Cliff Meister, Co-Chair
Cherian Thomas Susan Lefkowitz
Ted Vazquez Consuelo Shaw
Mark Seidner John DeFazio
A. Eric Ngwashi Alyce Siegel
Edward Krajewski Marilyn Carretta
Herb Hennings, Co-Chair Armin Holdorf
Leonard Mangano Heather Woolfolk
Ray Palmer
Radhakrishna Mohan
Ben Gamoran
Patricia Mason, RN, CCM
Myra Mack
Bernie Kahn
Katherine Czachorowski
Jennifer Faucher
Prior to discussing the formal agenda, Management and PEF L/M Committee members welcomed NYSIF’ David Wehner, CEO/Executive Director. Mr. Wehner spoke about Workers’ compensation reform and NYSIF’s involvement in the process. He answered some general questions and expressed thanks and appreciation to NYSIF staff for their hard work and dedication.
1.) Minutes: The minutes from 9/6/07 meeting were approved and signed by Co-Chairs with no changes.
2.) Next Meeting: The next meeting will be held on 4/3/08 at 10:00am. (Subsequently changed to 1:00 pm)
Mr. Hennings again requested that our next meeting be held in Albany. Mr. Meister did not agree to this. He explained that nearly all of management’s L/M team is based in NYC. PEF raised budget concerns. Mr. Meister again suggested that PEF reduce the number of representatives in attendance, and recommended that PEF rotate members attending and/or using teleconference to reduce expenses. Mr. Gamoran suggested that Management rotate their representatives. Mr. Meister expressed a need for consistency in representation and addressing issues, but will include additional management staff to address specific issues should they arise.
3.) Security: PEF requested an update on the progress of NSIF’s Workplace Violence Plan and results of the statewide security assessment.
Mr. Meister informed that the security assessment is now completed, and that Joe Mullen and Cliff Meister would seek out a meeting with Mr. Hennings and Mr. Mohan for the purpose of discussing the results of the assessment and the workplace violence plan. He estimated this meeting to take place in a few weeks time.
Mr. Armin Holdorf, Director of Field Services, discussed the creation of the Workplace Violence Plan, and how Ms. Jennifer Faucher (selected by PEF) contributed to the process. He indicated that the majority of the statement/plan is complete, but there remain a few items presently before Executive that require finalization, having to do with: confidentiality, employee rights and investigation timeframes. Mr. Hennings and Ms. Faucher inquired about the related training. Dr. Holdorf estimated that the training would commence prior to our next L/M meeting and that it would be a “train-the-trainer” format, as opposed to a video or on-line training. He estimated that the training session would run 2 hours long. Mr. Ngwashi inquired about the training for field employees. Mr. Holdorf explained that the training did include a section for field employees.
Mr. Vasquez inquired as to whether PEF will be given the opportunity to review the recommendations set forth in the security assessment prior to implementation. Mr. Mohan expressed a desire to provide such recommendations to PEF Legal and their Workplace Violence Specialists. Mr. Meister indicated that he has not received approval from Mr. Wehner to provide to PEF the assessment, and reiterated that the assessment will be discussed at the subsequent meeting with Mr. Hennings and Mr. Mohan.
Mr. Kahn inquired as to whom management’s current contact is for Health and Safety Issues. Mr. Holdorf informed that he is now the Co-Chair for NYSIF’s Health and Safety Committee. Mr. Kahn indicated that he had a few issues he wished to pursue with Mr. Holdorf such as fire drill procedures and security concerns related to room 108 (199 Church St., NYC).
4.) Supervisory Hearing Representative: PEF inquired as to the status of the Supervising
Hearing Representative proposal. Mr. Meister informed that the proposal was still “on hold” and offered no projection as to when a decision on this would be made.
Ms. Carretta informed that Claims Administration is in favor of it and that they now have an M-2 title (Supervising Hearing Representative) and have centralized the New York City Hearing Reps. under John Zenkewich.
Mr. Vasquez indicated that he would take this item off of future L/M agendas until management decides to further address this proposal.
4. a.) Hearing Representative Recruitment: PEF requests geographic pay for downstate hearing representatives. PEF requests that a civil service test be given if eligible list is exhausted. PEF requests that new hearing representative training be uniform statewide.
Ms. Carretta informed that she was seeking permission to appoint five (5) Hearing Representatives in NYC; hopefully, by January. Ms. Carretta said that recruitment issues are currently not pressing and that Claims Administration’s has been focusing on workers’ compensation reform and how this will affect the hearing process. Claims Administration is not currently pursuing geographic pay for downstate Hearing Reps.
Mr. Meister indicated that the Hearing Representative list is good through August, 2008; however, Ms. Carretta informed that we have exhausted the NYC Open Competitive list. The last promotional appointment was in July, 2007. From now on, we’ll have to make provisional appointments (NYC).
Ms. Carretta further explained that it is not easy to standardize training for that position. New hires, without claims experience, have to take case management training. We train on what each candidate needs: for example, litigation skills. Each trainee is assigned to a Hearing Rep. as a trainer/mentor (though this person is not a supervisor). Mr. Zenkewich is reviewing training needs. The mentor documents the trainee’s performance and the supervisor also periodically observes the trainee on calendar.
4. b.) Testing/Civil Service Exams: PEF inquired about the status of civil service exams requested by NYSIF and the timeframes for such tests.
Mr. Meister indicated that Civil Service’s Staffing section has been contacted by NYSIF’s
Personnel Administration and that things are moving very slowly due to the decision to discontinue use of the Battery exams. NYSIF will continue to follow up with Staffing/testing to attempt to get firm dates for the future holding of these exams.
Mr. Meister inquired as to whether PEF received a reply to their letter to Civil Service on the issue of exams for titles held provisionally (Supervising Medical Care Rep., IPA2 & IPA3). Mr. Kahn provided to Mr. Meister the response received from Civil Service, in which Ms. Jordan, Director of Staffing Services, wrote (she) “anticipates a Sept. 2008 holding of the Supervising Medical care representative exam; we are still working to secure a test date for the Insurance premium Auditor titles.”
Management and PEF agreed to share exam information as it becomes available.
Mr. Hennings recommended that NYSIF request Civil Service to schedule tests for the claims series, since there is a long delay. Mr. Meister acknowledged his point and stated that he would present that suggestion to Personnel Administration.
5.) Availability of Job Descriptions: PEF requested copies of job descriptions for all PS & T positions at NYSIF.
Mr. Meister informed that he had spoken with Mr. Mullen on this issue and requested that
PEF make a written request for the specific title(s) requested. He encouraged PEF to discuss with management the issue behind this request, as a blanket request such as this appeared to be more of a “fishing expedition” and otherwise very time consuming for Personnel Administration to address.
Mr. Hennings spoke about not being able to find comprehensive job descriptions on Claims Service Representative Titles. Mr. Kahn indicated that a request for same was made to Civil Service, and that PEF was told by Civil Service that no official description existed and that the agency (NYSIF) should provide Civil Service with these job descriptions.
PEF agreed to submit their request in writing to Mr. Meister. PEF indicated that they would be requesting descriptions for: CSR1, CSR2, CSR3 and CSR1 trainee in 2 weeks time.
6.) Unfilled Line Items at NYSIF: PEF requested that all unfilled line items be filled to relieve pressure on “overworked PEF members”.
Mr. Meister referred back to the discussion held on this issue last meeting when he spoke on the “behind-the-scene” processes that take place to fill lines and make appointments.
Ms. Kahn inquired about the process of requesting new lines. Ms. Carretta advised that it is more involved than making a simple request to Civil Service. We must justify our requests and secure approval from Budget.
7) Clarification of appointment list for Associate Auditor for A&R and use of such lists: PEF requests information on the use of such lists and how the appointments are made off of the list.
Mr. Meister provided to PEF an e mail he received from Robert Gavin (Personnel Admin.) that explains the “a” & “b” list issue. If additional information is needed, he advised PEF to contact Mr. Gavin. Mr. Meister informed that he is aware of a grievance associate with this item and, as such, will not discuss it further at this meeting.
Mr. Kahn indicated that he, Mr. Mohan and Carl Franklin had reviewed the response to the grievance, and that it was still unclear. He indicated that this could possible go to a step 3 Grievance.
8) Recording Actual Time: PEF requests that employees not be compelled to falsify their time records.
Mr. Krajewski reported that in the White Plains Office, auditors are working uncompensated overtime, but are told to put down only regular working hours. Ms. Lefkowitz indicated that she has spoken to Carl Heitner (Business Manger, White Plains) and that he says that his auditors must work only 7.5 hours, unless OT is approved in advance. Mr. Vazquez added that he has received similar complaints from office workers as well.
A lengthy discussion followed on this topic. PEF’s major points being: 1) The volume of work forces employees to work more than 7.5 hours per day, 2) employees can’t schedule their day to end exactly after working 7.5 hours, 3) employees not seeking OT pay should be allowed to report actual time worked when they work longer hours, and 4) some employees in White Plains have been denied flextime schedules.
Management’s responses: 1) regardless of the volume of work, employees are not permitted to work beyond prescribed hours unless pre-approved for overtime 2) employees are responsible for managing their time, particularly field employees as they make their own schedule. NYSIF offers flexible work schedules, and often “report writing” and/or “preparation” allows a field employee to end the work day within prescribed hours. 3) Management does not have the discretion to permit employees to work overtime and not compensate them accordingly. 4) Any employee denied an alternative work schedule at the local level may appeal to Susan Lefkowitz.
Mr. Kahn asserted that being told to falsify time records is illegal, and that he would inform members not to work beyond their prescribed hours.
9) Wellness Programs: PEF requests that management encourage wellness programs such as smoking cessation and exercise programs.
Mr. Gamoran spoke of a program where employees walk on “state time” and said that some employers have “weight watchers” programs. Mr. Kahn offered that such programs result in savings on health insurance costs and are otherwise good for employee morale.
Management acknowledged that wellness programs are beneficial in many ways. Mr. Meister said that several of our offices have wellness committees and have held wellness fairs/expos for employees. He also reminded all that NYSIF has sponsored run/walks, blood drives, etc. The EAP program and its representatives were also discussed. Mr. Meister added that management must be cautious, because employees do have the right to smoke, overeat, etc. He voiced concerns about being perceived as discriminating against those who smoke, are overweight, and otherwise making these individuals uncomfortable in the workplace. Mr. Meister advised that wellness programs/committees require voluntary participation; management cannot require individuals to join. He looked toward the PEF/CSEA members for their initiative, ideas and support. Mr. Mohan requested that management consider their request and to discuss further at the next meeting.
* Minutes transcribed by Cliff Meister and forwarded to Katherine Czachorowski, Division 240 Secretary/Steward for review/revision
Mr. Herb Hennings, Co-Chair PEP Mr. Cliff Meister, Co-Chair Mgmt.