Past Memos

memo:

TO:     Statewide Officers
            Regional Coordinators
            Executive Board
            Council Leaders                     

DATE: August 4, 2010

RE:     Restoration of Article 15 Tuition and Professional Development Programs

I am please to inform to that PEF has been notified that the Article 15 Professional Development Programs that were suspended April 28, 2010 due to the delay in passing the State Budget are being restored.  

Program Restoration:

On August 4, 2010 a new notice regarding the restoration of these programs will appear on the GOER website (http://www.goer.state.ny.us/Training_Development/PEF/tuition/index.cfm).   The websites for each program are also accessible from the PEF website by clicking the red  “Tuition and Professional Development” button on the home page. 

Various Reimbursement Programs:

On August 5, 2010 payments will begin to be processed for the following programs where applications have been file by members since April 1, 2010 to date for reimbursement for qualifying expenses incurred in the 2010 – 2011 fiscal year:

·         College Tuition Reimbursement (CTR) Program

·         Workshop and Seminar Reimbursement (WSR) Program (former VALT program)

·         Nurses’ Enhanced CTR and WSR Pilot Programs

·         The Certification and Licensure Exam Fee Reimbursement Program

If you filed an applications for reimbursement under these programs for qualifying expenses incurred between April 1, 2010 and August 16, 2010 your application will be processed and reimbursement checks issued if the applications are complete and meet the eligibility requirements. 

If you have incurred expenses that qualify for reimbursement and completed the course or exam under one of these programs between April 1, 2010 and August 5, 2010 but have not filed an application you must do so by September 16, 2010.

If you have incurred expenses that qualify for reimbursement under one of these programs that began after April 1, 2010, but have not completed the course or exam, you must file an application for reimbursement in accordance with the program guidelines (i.e. within 60 days of completion of the course, workshop, seminar or exam).  Applications received after this date will be denied as late.

Voucher Program:

On August 16, 2010 the 2010 – 2011 Voucher Program for PS&T Unit employees, including the enhanced nurses voucher pilot program, will be restored and will provide Vouchers for courses that commence on or after August 16, 2010.   

All applications for these programs must be completed online using GOER’s new online application system.  The online application process is mandatory, but this system is beneficial to our members.  They will receive e-mail notifications of receipt of the application, e-mails as the application proceeds through processing the issuance of a check and the ability to view their individual history of continuing education using these programs.

Go to http://www.goer.state.ny.us/Training_Development/pstp_online.cfm and create an account so that you can apply, view and track your applications and view your history.

memo:

TO:                 Executive Board Members and Council Leaders

FROM:          Bob Carrothers
                       Director of Labor Relations

DATE:           June 11, 2010

RE:                 Announced “Potential Government Shut Down”

The Governor’s Office of Employees Relations notified us today that if an emergency appropriation bill is not passed on Monday, June 14, 2010, non-essential State employees will be directed to remain at home on Tuesday, June 15. Conversely, employees identified as essential will still be required to report to work. Many of you have by now certainly seen information issued by your agency management to this effect.

We are receiving numerous questions regarding what our bargaining unit members should do on Tuesday. Employees should follow the directions they receive from their management regarding whether they are deemed essential or not and whether they are directed to report to work or remain home on Tuesday.

We obviously dispute the Governor’s authority to direct State employees to remain at home in these circumstances and will take all appropriate action to protect our member’s contractual rights. However, the principle of “work now, grieve later” applies here, follow your management’s direction on Tuesday.

 
Please continue to check the PEF website for updates as this situation develops.

memo:

TO:                 Executive Board Members and Council Leaders

FROM:           Elizabeth S. Hough
                        Director of Contract Administration

DATE:           June 11, 2010

RE:                Retroactive Payment of April Salary Increases

We have received confirmation from the Office of the State Comptroller that the retroactive payment of the April 2010 general salary increases (both the 4% across the board salary increase and, for eligible employees, the job rate parity adjustment) will be included in the August 4, 2010 paycheck for the Administrative payroll and the August 12, 2010 paycheck for the Institution payroll.

Emergency appropriation bills which have already been passed by the legislature contain the necessary authorization to make the retroactive payments. OSC is now working on the administrative processing necessary to actually generate the back pay. The Payroll Bulletins which will contain additional information about these payments have not yet been issued. We will forward them to you when they are.

We will closely monitor the retroactive payment of these monies to assure that our members are appropriately paid. The statewide class action grievance regarding the withholding of the 2010 salary increases includes claims which preserve our rights to recover the retroactive monies. This grievance is currently pending at GOER and we will continue to pursue this grievance to assure that all monies owed as a result of the April 2010 salary increase are appropriately paid.

Cc: Field Services Staff

memo:

TO:                 Executive Board Members and Council Leaders

FROM:           Lorraine Simpkins, Health Benefits Specialist
                        Deborah Stayman, Health Benefits Specialist\

DATE:           June 11, 2010

RE:                Cost of Reimbursing Medicare Part B Premiums to be Included as NYSHIP Premium Component

The Assembly and Senate passed emergency budget legislation on Monday, 6/7/10, mandating that the cost of reimbursing Medicare-primary NYSHIP enrollees for their Medicare Part B premiums be included as a component of the New York State Health Insurance Program (NYSHIP) premiums retroactive to 4/1/10.

Previously, the State was responsible for the entire cost of reimbursing Medicare Part B premiums to Medicare-primary NYSHIP enrollees. Now, employees and retirees will share part of the cost of reimbursing Medicare Part B premiums. All employees’ and retirees’ share of premiums (10% for individual coverage and 25% for dependent coverage) will share the expense of Medicare Part B reimbursement proportionate to their share of premiums. This unilateral change initiated by the Governor will result in increased NYSHIP premium costs for both active and retired state employees.

The Governor included this change to Civil Service Law §167-a in his 2010-2011 Executive Budget proposal. A similar proposed change was also included in the Assembly Majority’s budget resolution, which was passed in March. According to the NYS Division of the Budget, this change will increase employee/retiree health insurance contributions by approximately $30 a year for individual coverage and $85 a year for family coverage. The total projected savings to the State for FY 2010-11 and 2011-12 was estimated to be $30 million/year.

The NYS Department of Civil Service has advised us that they expect to implement this change in August, 2010. According to Civil Service, the retroactive premium amount owed for the period from April 1 until actual implementation in August, 2010 will be spread out over the remaining pay periods in the year.

Medicare premium reimbursement

If a NYSHIP enrollee, or his or her dependent, is Medicare primary, the State will reimburse him or her for the usual (standard) cost of the “original” Medicare Part B monthly premium. The cost is $96.40/month for individuals who became eligible prior to 1/1/10, and $110.50/month (or more) for individuals who became eligible on or after 1/1/10. NYSHIP enrollees eligible for Medicare premium reimbursement will continue to receive the Part B reimbursement. In addition, some individuals are required pay a higher premium for their Medicare Part B coverage based on their income. The State will also continue to reimburse individuals the income-related monthly adjustment amount in addition to the standard Medicare Part B premium amount.

Prior attempts at shifting this cost have failed

The State previously attempted to implement this change administratively by including the cost of reimbursing Medicare Part B premiums as a component of the NYSHIP premiums from January 2006 through March 2007. PEF and the other state employee unions successfully challenged this action in court. The court ruled that, under Civil Service Law in effect at that time, the State could not charge NYSHIP enrollees any part of the cost of reimbursing Medicare Part B premiums. The recent legislation changes the underlying language of Civil Service Law § 167-a which was the basis for the 2006 court action.

Contract grievance filed

Contract Administration staff have already filed a State-wide class action grievance challenging Governors Paterson’s proposal of legislation to include the cost of Medicare Part B reimbursement in NYSHIP premiums as a violation of Article 46 of the 2007-2011 PS&T unit Agreement. We are also preparing a second State-wide class action grievance which will challenge the actual change as a violation of Article 9. Finally, the PEF Office of General Counsel is also investigating other possible legal avenues for challenging the Governor’s actions.

Additional Information

If you have any questions, please contact Lorraine Simpkins or Deborah Stayman at PEF headquarters, ext. 283.

cc: Robert Carrothers, Director of Labor Relations
      Elizabeth Hough, Director of Contract Administration

memo:

TO:                 Executive Board Members and Council Leaders

DATE:           April 14, 2010

RE:                Governor’s Actions Regarding Negotiated Pay Raises

The governor’s recent actions regarding withholding of pay raises have generated many questions from our members concerning the status of our negotiated pay increases and bonuses, how the state budget process impacts the governor’s actions, and what potential actions are available to PEF to ensure that the state meets the obligations of our contract.

We believe unilateral actions by the governor to suspend any provision in our contract to be a contract violation and an illegal act.

As you may be aware, the governor submitted a supplemental budget appropriation that did not include funding for negotiated raises for the institutional payroll due April 22nd. Unfortunately, due to the fact that the budget bill was a supplemental appropriation the legislature has no ability to amend or modify the bill, only to approve or defeat it. PEF and CSEA chose not to ask the legislature to hold up or defeat the supplemental appropriations bill, because without the bill there would be no authority to issue any pay checks for the state workforce. If no state budget is adopted and additional supplemental budget appropriations are needed the governor has warned that the supplemental appropriations bills will not include funding for negotiated pay raises.

As of now, the governor has indicated in press accounts that once a final budget is in place that the pay raises. negotiated in the contract will be paid. Additionally, at this point in time it is our understanding that both step increases and longevity bonuses will be paid, although the step increases will be based on the 2009 salary schedule, this will also be readjusted once a final state budget is adopted.

PEF’s position regarding the state’s contract obligations remains unchanged — We will do whatever is necessary to ensure the state meets its obligations and we are opposed to reopening our contract.

Yesterday, CSEA issued a press release indicating that they are filing a contract grievance. This option is also available to PEF. PEF will take whatever actions are necessary to ensure that the state lives up to its obligations under the contract, including, filing contract grievances or a lawsuit; if needed, we may call on our members to take action as well. However, the action and timing PEF takes against the state will be determined by what is necessary and what provides the greatest opportunity for success.

Up-to-date information regarding the status of pay raises and actions taken by PEF can be found on the PEF website. I also encourage members to take action and contact their legislators through the PEF Action Center on the PEF homepage and urge them to act as swiftly as possible to address the budget issues affecting the state workforce.

Kenneth Brynien

cc:       Statewide Labor-Management Chairs
            PEF Staff

memo:

TO:                 Executive Board Members and Council Leaders

DATE:           February 13, 2009

RE:                 A New Senate Majority Website Wants Input on How to Reduce the State’s Budget Deficit

The New York State Senate Majority has launched a website that is asking for feedback from state residents on how to close the state’s budget gap. As you know PEF has advanced many options to the budget cuts the Governor has proposed and they are posted on the PEF website (The answers to the State Budget Deficit). In addition numerous members have forwarded to us examples of state agency waste and the hiring unnecessary new state agency managers that continue during these tough fiscal times.

We want to make sure that the Senate Majority (Democrats) hear from our members about our budget savings ideas and examples of waste in state government and that their website doe not just receive input from conservative, anti-union and pro-business groups. Please visit www.nybudgetideas.org and let them know how you would balance the state budget. Let them know how would you increase revenues (e.g. raise the income tax on the wealthy, reducing the contracting out of state services to private consultants, bottle bill expansion, bulk purchase of prescription drugs, using rainy day funds, federal stimulus money, reforming Empire Zones, and closing corporate tax loopholes) and any waste you see in state agencies including unnecessary hiring of new managers.

Kenneth Brynien

cc:        Statewide Labor-Management Chairs

memo:

memo:

TO:                 Regional Coordinators, Executive Board, and Statewide Nurses Committee

DATE:            June 19, 2008 

RE:                 Passage of S.6342/1898B Banning Mandatory Overtime for Nurses

I am pleased to inform you that late yesterday afternoon Governor Paterson, Assembly Speaker Silver, and Senate Majority Leader Bruno announced a three-way agreement on our bill to end mandatory overtime for nurses in New York State.

The agreement and imminent passage of the bill represents the culmination of nearly a decade of effort by PEF and our coalition partners SEIU, CWA, AFT, NYSUT, NYSNA, and CSEA.  I would like to thank all of you who participated in our efforts over the years seeking passage of the bill, as well as the bill sponsors Senator Tom Morahan and Assembly Member Aileen Gunther.  I especially want to thank our Legislative Director Brian Curran for his hard work and effort over the last several weeks to keep the bill on track and in the forefront of issues the legislature and governor were seeking to address.

Below is a brief summary of the bill and changes agreed to between the governor and the legislature.

• Amends the Labor Law to prohibit the practice of requiring mandatory overtime for nurses (RNs and LPNs).
• Prohibits health care employers from mandating that a nurse work more than their regular work schedule.
• Exceptions are allowed for emergencies and health care disasters.
• Applies to hospitals, nursing homes, and government- operated facilities that provide health care that are licensed under the Correction law, Mental Hygiene Law or Education Law, including facilities run by State and local government. This would include correctional facilities, OMH psychiatric centers, OMRDD facilities, OASAS facilities, as well as most other health care facilities.
• Does not prohibit a nurse from voluntarily working overtime if he or she feels professionally able to do so.
• Amends the Education Law to say that a nurse who refuses to work mandated overtime shall not be charged with patient abandonment if the nurse has given reasonable notice to his or her supervisor.
• Takes effect on July 1, 2009

Again, thank you for your efforts in achieving passage of this important piece of legislation.

Kenneth Brynien, President    

Office of General Counsel

TO:                 Kenneth Brynien
                        Arlea Igoe

FROM:           William P. Seamon

DATE:            March 11, 2008

RE:                 PEF-State of New York 2007-2011 Tentative Agreement
                        Our File No 7076-P

In light of yesterday’s announcements concerning the Governor, questions have arisen regarding what impact, if any, this would have on the PEF/State tentative collective bargaining agreement.

It is our legal opinion that the events disclosed yesterday should have absolutely no impact on the PEF-State tentative collective bargaining agreement.  PEF and the State have entered into a tentative agreement subject only to the ratification process, which includes ratification by the PEF membership and action by the Legislature for implementation of any amendments of law or for the provision of funding.  There is no provision under the Taylor Law which would permit the Chief Executive Officer, in this case a Governor, from refusing to proceed with the legislative ratification process.

Moreover, we have no reason to believe that the State of New York will not fulfill its statutory obligations in moving forward with the tentative agreement, and we expect that ratification will proceed as scheduled.

Please let me know if you have any further questions.

WPS/mab

cc:       Statewide Officers

            Roger L. Scales

memo:

TO:                Executive Board Members and Council Leaders

We have been getting a number of calls about the new promotion examination fees that appear on new examination announcements issued after March 13 and effective for exams administered on or after May 30. The fees for open competitive exams are also going to increase by $5. As you may remember the Department of Civil Service informed PEF about these new fees in January and we wrote about them in our January 23, 2009 memo to the Executive Board on the 30-day amendments to the Executive Budget. The new fees are

The new promotion exams are expected to raise $850,000 annually and the increased open competitive examination fees are expected to raise $210,000 annually. We are currently evaluating our options under the Contract and under the Taylor Law to determine our recourse to challenge these fees whether the setting of these new fees may be subject to a contract grievance or improper practice charge. We will update you when any further information is available.

Kenneth Brynien, President