Past Memos

memo

TO: Executive Board
Council Leaders
PEF Staff

DATE: November 3, 2004

SUBJ: PEF Priority Legislative Races


Please find attached a listing of the outcome of PEF’s priority legislative races (Requires Adobe Reader). As you can see, we won 10 of 18 races with two still undecided. Several of these races were quite close and I am certain that PEF’s involvement helped make a difference. Particularly significant are wins by Brian Higgins for U.S. House of Representatives (this may be recounted) and Bob Reilly and George Latimer to the majority in the Assembly. The remaining victories were incumbents. In addition to intense member involvement in many of these races, PEF also had dedicated, on-the-ground staff in eight of these elections. This combination of member and staff resources resulted in six victories and two potential losses.

Of course, the biggest disappointment in this election was the re-election of President Bush. PEF provided nine full-time Heroes to the SEIU Push Bush campaign and hundreds of weekend warriors; and approximately 60 members and staff who traveled yesterday to Wilkes-Barre, Pennsylvania in a get out the vote effort. The experience we get from this campaign is a stepping stone to our even greater involvement and effectiveness in future elections that benefit our members.

On behalf of the Officers, I would like to thank all our members and staff for their commitment and dedication to the Union and our members during these past several months. We now turn our attention to what I am sure will be a difficult State budget, potential DOCS downsizing and a Privatization/Shadow Agency Fight Back Campaign. Our work is never done.

Thank you and best wishes.


Roger E. Benson


Attachment
 

memo

TO: PEF Delegates

DATE: October 15, 2004

SUBJ: Contractual Salary Changes

We have completed our discussions with the Office of the State Comptroller (OSC) regarding the payment dates for retroactive longevity, bonus and raises. The period between ratification and payment will be approximately the same as for other bargaining units. Our goals in these discussions were threefold: (1) accuracy; (2) timeliness; and (3) payments divided into multiple checks for tax purposes.

While the Comptroller’s Office may have been able to perhaps move these payments up one pay period, they have assured us that by using the schedule below the accuracy rate will be very high. Obviously, both OSC and PEF are interested in our members being paid properly the first time. By separating the retroactive longevity, bonus and the raise, we will be able to reduce our members’ tax withholding. The schedule is:

PEF Longevity (Newly eligible 3/31/04):
Institution 11/10/04
Administrative 11/17/04

$800 Bonus:
Institution 11/24/04
Administrative 12/01/04

Retro Raise and Raise:
Administrative 12/15/04
Institution 12/23/04

Of course, we would have preferred that these payments be sooner, but in many cases individual computations needed to occur and, therefore, the extended time was necessary for OSC to accurately complete these calculations. Unfortunately, the OSC Payroll Unit is also experiencing significant understaffing which further undercuts their ability to more rapidly process these changes.

If you have any questions regarding the above schedule, please feel free to contact our Contract Administration unit at extension 223. We appreciate your patience in this matter.


Roger E. Benson

cc: Council Leaders
PEF Staff
 

memo

TO:            Executive Board
                   Council Leaders
                   PEF Field Offices

FROM:      Contract Administration Department

RE:            Travel Reimbursement – Change in Meal and Lodging Per Diem Rates

          This review will identify changes in the meal and lodging reimbursement rates. As required by Article 8 of the PS&T Unit Agreement, this revision is based on the annual revision of the combined per diem lodging and meal reimbursement rates for federal government employees published by the General Service Administration (GSA).

            All of the lodging rates have changed this year as well as many of the categories. Last year the Bronx/Queens and Brooklyn were separated. This year they were grouped back together with Staten Island added in as well. Lake Placid now has three seasonal rates as opposed to two. Nyack/Palisades had seasonal rates and this year there is just one rate. A new reimbursement rate has been established for Troy/Rensselaer County at $72 for lodging and $31 for meal reimbursement. The 2003 rate for Watkins Glen has been rescinded and this location, like others without specified rates in New York, will be covered by the national rates of $60 for lodging and $31 for meals.

The most notable change for 2005 is the creation of seasonal rates for Manhattan.  While the peak season rate (September to December) is slightly increased from 2004, the off-season rates drops to $169 starting in January 2005.  Whether the hotel market in NYC will adjust to this decrease remains to be seen.  In the meantime, we are having conversations with GOER and OSC to have them remind agencies of their ability to waive the reimbursement limits, and we are contacting our internationals to see if they can have any influence in changing the rates.

            A list of the new GSA rates for locations in New York State is attached (Requires Adobe Reader). Absent additional clarification, the rates listed in the chart will apply to all locations within the county, not just the key city listed. For example, someone who stays on Wolf Road in Albany County will be eligible for the listed Albany rate notwithstanding the fact that Wolf Road is outside the city of Albany. The only delineation from this is for White Plains and Tarrytown. Each are in Westchester County but Tarrytown has been listed as the prevailing rate for Westchester County and White Plains is listed separately with a different rate.

              For locations outside of New York State and a compete listing of per diem rates at the GSA, Travel and Transportation Management Policy Division’s website go to: http://policyworks.gov/org/main/mt/homepage/mtt/perdiem/travel.htm. Not only does this site provide the latest information on rates (they can and do change during the year), there are other important resources for your use. For example, you can obtain a list of lodging establishments that honor the per diem rates. You can also advise the federal government of those locations where the per diem is inadequate and in need of increase.

memo

Guidelines, including the maximum amount of reimbursement available for this fiscal year, and applications for the VALT program will also be posted on the PEF and GOER websites by mid-October. Copies of these materials will also be available through PEF, as well as through agency human resources offices and agency training offices, by the beginning of November. 

If you have any questions about these programs, please feel free to contact the PEF Education Department at (800) 342-4306 ext. 328 or by e-mail at cmerchant@PEF.org.

Roger E. Benson

cc:       PEF Staff
            PEF Field Offices

memo

TO:          Executive Board

DATE:     July 28, 2004

SUBJ:     Article 44


This is to confirm my conversations with some of the nurse leaders in PEF who raised concerns that the new Article 44 – Joint Committee on Nursing and Institutional Issues will somehow dilute the influence of nurses at the PEF/GOER Labor-Management level.

I wanted to assure PEF nurse leaders that nothing could be further from the truth. In fact, I wanted to put in writing my commitment that all PEF appointees to the Article 44 Joint Labor-Management Committee will be PEF represented registered nurses.

I also want to acknowledge the fine work that our nurse leaders did on the prior Joint Nurses Committee that has now been upgraded in the new contract from a side letter to a contract article which is arbitral.



Roger E. Benson
 

memo

TO:                 Executive Board
                        Council Leaders          

DATE:            July 19, 2004

SUBJ:            Agreement for Tentative PEF/PS&T Contract

We are very pleased to announce that after 19 months of negotiations, the Contract Team, Lead Negotiator and President all believe we have a contract that the membership will comfortably ratify. 

The Executive Board will receive the full text of the tentative contract and all related documents later this week.  The Board will convene to consider sending this tentative contract to the membership for a ratification vote on July 30 at 11:00 a.m. at the Desmond Hotel in Albany. A two-page list of significant “Improvements/Concession Resistance” is attached, as well as a full listing of gains and trade offs by article.

We began negotiations four years ago when the convention delegates approved the establishment of the $3 million contract War Chest.  We then began reinforcing the theme that patience and purpose are important components of any negotiations.  Finally, we understood we had to use the power of mobilization, public relations and politics to achieve a fair contract.  All of these components have been used to achieve a very solid tentative agreement in the worst economic times for New York State since the 1930s. 

The Statewide Officers extend our appreciation to the Contract Team, our staff, the Executive Board, local PEF leaders, delegates, mobilizers and members.  Their support permitted this effort to be sustained for the past two years. 

Thank you.

                 Roger E. Benson                                        Kenneth D. Brynien

                      President                                                     Vice President &

                                                                                         Contract Team Chair

Attachments

memo

TO:       Regional Offices
             Executive Board
             Council Leaders 

DATE:   July 19, 2004

SUBJ:    July 21 Rally Cancellation

Enormous progress has been made towards completing our contract over the weekend.  While there is paperwork that still needs to be done, I am hopeful that we will have an announcement later in the day.  Based on these very positive developments, we are canceling Wednesday’s rally.

Thank you for your support.

Roger E. Benson

cc:       PEF Staff

memo
Civil Service Enforcement/Research Department

TO:                 Executive Board Members and Council Leaders
FROM:           Thomas E. Cetrino
DATE:            July 7, 2004
RE:                 Patriot Plan 2 (S7607/A11697) Passes NY Senate and Assembly

            The Senate and Assembly both passed legislation last week to improve many benefits to citizen-soldiers involve in various current and past military operations who are eligible to receive benefits under Section XIII of N.Y. Military Law (The NYS Soldiers’ and Sailors’ Civil Relief Act). This legislation generally clarifies and expands the benefits New York State enacted for its citizen-soldiers in July 2003 when it enacted the Patriot Plan. This memo is intended to give PEF members who may be affected by its provisions a basic summary of the legislation’s provisions.  We have summarized only the provisions that are likely to impact PEF members. It is important to remember that these provisions will not take effect until the Governor signs the bill into law which he is expected to do.  In addition, regulations will have to be issued for the final interpretation and implementation of the bill’s provisions.  Unless otherwise noted all sections of this bill will take effect immediately upon enactment into law by the Governor.

            Section 1 of the bill eliminates the requirement that the dependents of the military service member apply to a court in order to obtain the benefits provided for in Article XIII of the Military Law.  It instead allows them to directly apply to any entity that can provide the benefit they seek (e.g. the Commissioner of Education to obtain a MERIT scholarship).

            Section 2 of this legislation clarifies that the waiver of professional continuing education requirements shall be commensurate with the period of military service; thus ensuring that military personnel are not required to complete such requirements while in military service. 

            Section 3 clarifies that the extension of a person’s license, certificate, to engage in a profession or occupation for military personnel in active duty does not apply to limited permits or credentials issued for a period of two months or less to professionals subject to title VII of the education law (including nurses, engineers, social workers, accountants, psychologists, and architects).  These professionals can also not get an extension of limited permits that expire for reasons other than the passage of time (e.g. failure of a licensure exam).

                Section 4 clarifies the eligibility for tuition awards for Vietnam, Persian Gulf, and Afghanistan veterans enrolled in approved undergraduate or graduate programs and extends the time in which veterans must apply for such tuition awards to September 1, 2006.  Persian Gulf veterans eligible for these tuition awards are those residents of the State that served in the armed forces of the United States in the Persian Gulf during the time period of August 2, 1990 through September 10, 2001 or from September 11, 2001 to the end of such hostilities who were discharged under other than dishonorable conditions.  Afghanistan veterans eligible for these tuition awards are those residents of the State that served in the armed forces of the United States in Afghanistan during the time period of September 11, 2001 through the end of such hostilities who were discharged under other than dishonorable conditions.

            Section 5 increases the rate of pay for New York State militia/National Guard personnel ordered into active service from $100 a day to $125 per day. This section takes effective April 1, 2004 and when signed by the Governor will be paid retroactively. It is important to remember that under the current MOU PEF has with the State, PEF members that are ordered into active duty and are on military leave at reduced pay continue to receive their State salary reduced by their military pay.

            Section 8 of the bill amends the N.Y. Tax Law to provide that service members serving outside the United States in a "contingency operation", as declared by the U.S. Secretary of Defense or law, will be afforded the same tolling of the limitations period and deadlines for filing returns and making payments under the N.Y. Tax Law that is currently afforded to members of the armed forces serving in a combat zone.

            Section 10 of the bill amends the N.Y. Tax Law to provide that compensation received by members of the State Organized Militia/National Guard for performing active service of the State within the State is exempt from State taxation.  When signed by the Governor, this section will apply to the taxable years beginning on or after January 1, 2004.  We believe the intent of this provision is to only exempt eligible military pay, as defined in subdivision 1 of section 210 of the Military Law as amended by section 5 of this bill, from the State income tax.

            Section 13 of the bill permits local governments to hire retired public employees, without diminution of their retirement benefit, to fill a staffing need that is essential for public health and safety and caused by an employee of the local government being called into active military service. (This section will automatically expire one year after it is signed into law by the Governor).

            Section 14 of the bill clarifies that only active members of the organized militia/National Guard of the state of N.Y. or the reserve components of the armed forces of the U.S. are eligible to receive free of charge, a N.Y. fishing license, small and big game license, and trapping license.  This section specifically excludes members of the inactive National Guard and individual ready reserve from receiving these licenses free of charge.

            According to the bill sponsor’s memo the cost of the increased pay for New York State militia personnel is $3 million annually and the cost of exempting certain income of certain members of the State organized militia is $1 million annually.  The bill’s fiscal note states that there is a negligible impact on the retirement system by allowing local governments under certain circumstances to hired retired public employees without diminution of their retirement allowance.

memo

TO:                             PEF Field Offices

FROM:                       Bob Carrothers, Director of Contract Administration

DATE:                        June 8, 2004

RE:                             Additional Advisory on June 11 Closure

GOER has issued a follow up advisory to their earlier announcement that State offices will be closed on Friday June 11.

As you know, non-essential State employees regularly scheduled to work will receive the day off with pay.

Employees deemed “essential” will be granted one day of compensatory time off (CTO).

Employees whose regular pass day falls on June 11 will also be granted one day of CTO (7.5 or 8 hours, prorated for part-time employees),

Any employee (essential or non-essential) prescheduled to charge leave credits on Friday June 11 will not be required to charge any credits for that absence.

Employees on leave (whether charged to credits or not) will not be returned to pay status or credited with CTO for June 11.

Please be sure to distribute this advisory as widely as possible. Any questions should be referred to Contract Administration at 1-800-342-4306 ext. 223.

memo

TO:                             Field Offices
                                    PEF Staff

DATE:                        June 8, 2004

SUBJ:                        Closing of State Offices

We have received word that the Governor has directed the closure of State offices on Friday, June 11 as a Statewide Day of Prayer and Remembrance in honor of President Ronald Regan. PEF will also be closed.

Governor Pataki’s directed closure of State offices affects all non-essential State employees. All State employees who are deemed “essential” by their agencies will continue to report for work as usual. More information regarding the closure of State agencies and offices may be found at the Governor’s Office of Employee Relations web site at: www.goer.state.ny.us.

We have also been advised by GOER that employees that have prior approval for a vacation or other leave day on the 11th will not be required to use leave credits.

As more information becomes available regarding the details for those working on Friday, we will pass this information along.

Roger E. Benson

cc:       Executive Board
           Council Leaders

memo

TO:                             Executive Board
                                    Council Leaders
                                    Regions 1-8 Council Officers

DATE:                        May 19, 2004

SUBJ:                        Postponement of Syracuse Rally

Last night, at the request of management, PEF agreed to postpone our picket and rally in Syracuse.  We did this because at yesterday’s negotiations, significant progress was achieved and we were able to sign off on the health care article.  We achieved our needs regarding health care.  Based on (1) this significant progress, (2) our ability to remobilize in the immediate future if progress does not continue at the table, and (3) the recommendation from our lead negotiators, I have agreed to this temporary postponement of mobilizing and public relations activity.

Effective mobilization in support of our contract effort is not only about getting our members involved in activities it is also about the discipline to strategically apply pressure in both message and timing to achieve our goals.  Our ability to put members in the streets and full page ads in the newspapers remains an extremely important component for achieving a fair contract.  On Monday night in Buffalo, over 100 very loud members picketed the Governor at an Erie County Republican reception.  This contract action received extensive press coverage in the Buffalo area.

Thank you for your commitment to a fair contract and your leadership in these difficult times.       

Please distribute this memo through your mobilizer network.

Roger E. Benson

memo:

memo

TO: Executive Board
Council Leaders

FROM: Ken Brynien, Vice President and Contract Team Chairperson
Roger Scales, Director of Labor Relations and Lead Negotiator

DATE: April 2, 2004

RE: Hospital Network


Over the last several weeks of negotiations, it has become clear to us that the issue of a hospital network for the Empire Plan is quite real. The State raised the issue when we began our bargaining, but over the past year, it was not discussed very often and was never really indicated to be a top priority for them.

The relative importance of this issue changed as a result of the State’s negotiations with CSEA and UUP. They have told us that they have agreements from both Unions to implement an Empire Plan hospital network during the term of the next contract. They have also made it clear that they consider implementation of the network part of the pattern that must be included in any tentative agreement PEF reaches with the State. Finally, they have also told us that they plan to move ahead and implement the network effective January 1, 2005 for all those enrollees for whom the State has unilateral control over their health insurance plan design (M/Cs, retirees, participating employers, participating agencies and any unrepresented enrollees).

No doubt you have seen the materials distributed by CSEA and UUP. Neither is particularly “clear” on the agreement to implement the network and both are lacking in details about how and when the network would become effective. As you know, PEF requires that all agreements be negotiated (rather than continued negotiation during the term of the Contract), and that has led to much discussion about the details of the hospital network.

While we are still learning the details of the State’s plan and exploring PEF’s options, we thought it would be useful to provide you with an introductory explanation of how the network could work and what changes it could mean for Empire Plan enrollees. Over the next week, we will be developing a FAQ sheet that provides greater detail on the network. For now, we want to share the major provisions of the State’s proposal.

• The network will be the Blue Cross/Blue Shield Preferred Provider Organization (PPO) network. This nationwide network is already in place, and is comprised of all of the hospitals that have contracted with various Blue Cross/Blue Shield insurance plans to provide services at negotiated discounted rates. Currently the Empire Plan pays actual billed charges (not discounted rates) at all out-of-state hospital services.

• EVERY acute care hospital in New York State is in the Blue Cross/Blue Shield PPO network. 92% of all hospitals nationwide are also included, as are many facilities around the world.

• An analysis of all Empire Plan claims filed in 2002 showed that the only “non-network” facilities in NYS were 19 nursing homes.

• Empire Plan enrollees will still be able to use any hospital they choose, however use of non-network hospitals will be subject to coinsurance. The actual amount of this coinsurance is still being negotiated.

• There will be additional protections negotiated:

  • Coinsurance is waived if the enrollee does not have reasonable access to a network hospital that can provide the services needed. (We are discussing how to define “reasonable”).

  • Coinsurance is waived if for emergency services.

We will present you with additional information when it is available. We understand (and share) the apprehension many people will have about this change in the Empire Plan. We will continue to do all we can to minimize the impact on our members, and you have our commitment that we will provide all of the details before any agreement is sent to you for ratification.


Cc: Negotiations Team
Field Offices

memo

TO:                 Executive Board
                        Council Leaders
                        PEF Field Offices

DATE:            April 2, 2004

SUBJ:            2004 Performance Advance Payments & Performance Awards

PERFORMANCE ADVANCES  (Increments)

            The Office of the State Comptroller payroll bulletin concerning payment of the April 2004 Performance Advance bulletin for PS&T Unit employees is available online at http://www.osc.state.ny.us/paysr/agencies/bulet463.htm.  The base salary adjustment to include increments will be effective on April 29, 2004 (institution payroll) and April 21, 2004 (administrative payroll). 

PERFORMANCE (LONGEVITY) AWARDS

The 2004 Longevity Awards will be paid in separate checks dated April 15, 2004 (institution payroll) and April 21, 2004 (administrative payroll).  There is no direct deposit of these checks. The Office of the State Comptroller payroll bulletin concerning payment of the April 2004 Performance Award for PS&T Unit employees is available online at http://www.osc.state.ny.us/paysr/agencies/bulet461.htm. 

The eligibility criteria for the awards have not changed, however, payment of this year’s awards is complicated by the nominal expiration of the 1999-2003 Contract.  Historically, the State has taken the position that the Longevity Awards “sunset” with the expiration of the Contract.  While the State has not conceded the position entirely, they have agreed to pay the 2004 Longevity Awards to anyone who received the award in 2003 and continues to be eligible.  (See page 203-204 of the PEF Contract for more information). 

However, during negotiations, we did not resolve the issue of how people who first become eligible for the 5 or 10 year award in 2004 would be treated. Instead, we “agreed to disagree” about how the newly eligibles should be treated.  The State has announced that it will not pay these awards at the same time as the others.  Assuming no change in the performance award program in the next contract, these monies will be paid retroactively once the contract is resolved.  Should the State elect not to pay the newly eligibles, PEF will take all necessary action to address the issue including filing a class action contract grievance and possible filing of an improper practice charge.     

memo

TO: Executive Board
Council Leaders
PEF Field Offices

DATE: 4/1/04

RE: Annual Vision Benefit for Adults with Certain Medical Conditions


PEF and the state have signed a Memorandum of Agreement extending the annual vision benefit for adults with certain medical conditions through April 1, 2005, pending the outcome of the current collective bargaining negotiations. Article 9.25(b) of the 1999-2003 PEF/NYS contract includes an annual vision benefit for adults with certain documented medical conditions that may affect their vision. These medical conditions include diabetes, developing cataracts, taking a prescription drug that causes a change in vision, or any other medical condition that causes a change in vision.

This benefit was established as a pilot program, and was scheduled to expire on April 1, 2003 unless PEF and the state agreed to continue it. In a MOA signed on 2/12/03, it was extended for one year through April 1, 2004. It is now being extended another year through April 1, 2005, pending the outcome of negotiations.

If you have any questions regarding the extension of this benefit, please contact Lorraine Simpkins at PEF headquarters, 1-800-342-4306, ext. 283.
 

Roger E. Benson

memo

TO: Executive Board
FROM: Bob Carrothers, Director of Contract Administration
DATE: March 16, 2004
RE: Pre-Tax Transit RFP

I wanted to alert you that GOER released the Pre-Tax Transit RFP yesterday, March 15, 2004. It is scheduled for publication in the Contract Reporter later this week.

I have not yet had the opportunity to review the document, and if there is a need, will update you with a memo once we have had time to examine the RFP. In the meantime, it is available on-line at: http://www.goer.state.ny.us/rfps/

If you have any questions, please contact me directly.
 

memo

TO: Executive Board Members
Council Leaders

DATE: February 13, 2004

RE: Overtime Meal Allowance Retroactive Payment Procedure
PEF v. State, GOER File No: 2000-05-3301

I would like to provide you with an update on the process for payment of retroactive overtime meal allowances. As you may recall, I recently wrote GOER Director George Madison expressing my concern and frustration over GOER’s delay in resolving this issue. Shortly after my letter to Director Madison, we finally received an acceptable formal proposal from GOER.

Following receipt of the GOER proposal, this week we were able to enter a Stipulation of Settlement which finally creates a procedure for identifying and paying PS&T Unit Members who were newly eligible to receive overtime meals allowances from April 1999 to August 2000 following the negotiated expansion of the benefit. The Stipulation of Settlement Regarding Remedy (Requires Adobe Reader) and a memorandum describing it in greater detail are attached.

I would like to thank Elizabeth Hough for her ongoing efforts in concluding this matter. Any questions regarding the Stipulation of Settlement, or the process it creates for submission, review and payment of retroactive overtime meal allowance claims, should be directed to Elizabeth Hough in Contract Administration, 1-800-342-4306 ext. 223.
 

Roger E. Benson

memo

TO:                 Executive Board
                        Council Leaders

DATE:            December 19, 2003 

RE:                 Revenue Options to Close the Budget Gaps for SFY2004-05 and SFY2005-06

            PEF has been actively working with the Fiscal Policy Institute and a broad coalition of labor, community organizations, and faith-based groups to develop revenue options to help close the budget gaps for the next two fiscal years.  The budget gap for SFY2004-05 will range between $4 and $6 billion and the budget gap for SFY2005-06 could be as much as $8 billion depending on how much tax revenue the State will receive in the last quarter of this fiscal year.  We believe that gaps of this magnitude must be closed with a balance of revenue increases and spending cuts.   It will be difficult to enact any new taxes or increases in tax rates this year as the legislative leaders and the Governor have said they will not increase taxes this year which is an election year for all State legislators.

            Attached is a policy paper prepared at my request by our Director of Civil Service Enforcement and Research, Tom Cetrino, and Frank Mauro, the Executive Director of the Fiscal Policy Institute, which outlines revenue options that can be used to close both the SFY2004-05 and SFY2005-06 budget gaps.  Most of these revenue options fit the “no new tax or tax increase” criteria set by the legislative leaders and the Governor.  I have forwarded these options to the Governor, Speaker Silver, Senate Majority Leader Bruno, Senate Minority Leader Paterson, and Assembly Minority Leader Nesbitt and have asked for their serious consideration.  I am optimistic that all parties can work together to secure continued federal assistance to the states, stop tax avoidance schemes used by large corporations to avoid paying their fair share of State taxes, and eliminate wasteful contracting out.

            PEF is actively working with the AFL-CIO, New Yorkers for Fiscal Fairness, and a broad coalition of labor, community organizations, and faith-based groups to develop strategies that could lead to enactment of many of these revenue options.  A major strategy will focus on corporate tax disclosure and creating an environment that will lead to legislation that will curtail corporate tax avoidance schemes. 

            There are no confirmed reports from the Governor’s office regarding the number of position reductions that will be proposed in next year’s Executive Budget or whether the budget will include an early retirement incentive.  I remain committed to fighting for an enacted budget for SFY2004-05 that will not result in any involuntary layoff of PEF members.  I will continue to keep you informed of any further developments regarding next year’s budget and its impact on PEF members. 

Roger E. Benson

memo

TO:           Executive Board and Council Leaders

DATE:      November 4, 2003

Empire Plan premiums will increase 13.9% for individuals and 12.5% for families (increases in dollar amounts are in the table on page two). To put these increases into perspective, the table below shows increases of other large employer health plans.

*Separate increases for individual and family premiums are only available for the Empire Plan. Increases for other plans represent an average of individual and family premium increases.

By now, all members enrolled in an HMO should have received side-by-side comparisons illustrating any benefit changes their HMOs will implement for plan year 2004. PEF does not negotiate the level of benefits provided by each HMO. HMOs can change their benefits from year to year and many do.

cc: PEF Staff

memo

TO: Members and Staff

DATE: October 29, 2003

SUBJ: November 19 Rally Postponement

Since we announced our “Cut State Waste” Rally on November 19, contract negotiations have moved to a significant new level that could result in a tentative agreement that will meet our core needs. As a demonstration of our good faith in the negotiations process, we are postponing the November 19 rally.

We apologize for any inconvenience this may cause. If these negotiation efforts are unsuccessful, please be prepared to support our Contract Team by whatever means they ask.

Thank you for your patience and support. We will keep you posted.
 

memo

TO:         Executive Board
                Council Leaders

DATE:    October 10, 2003

RE:         PEF v. State (DOT), GOER File No. 2000-05-3692
                Article 12.17 Timekeeping Decision

We received Arbitrator Denenberg’s award in the DOT Article 12.17 timekeeping arbitration this morning. That decision is attached (Requires Adobe Reader). Arbitrator Denenberg has ruled that the State did not violate Article 12.17 when, following GOER’s direction on the subject, the Department of Transportation directed all DOT PS&T Unit employees to begin reporting precise times of arrival and departure on their biweekly attendance reports in December 2000.

Below is a brief summary of this complicated decision. We will provide a more detailed analysis after we have had an opportunity to fully evaluate the decision and its ramifications on other Article 12.17 grievances we have filed.  In the meantime, if you become aware of any change in any current reporting requirements, please contact the Contract Administration Department immediately.

            Arbitrator Denenberg recognized that the language of Article 12.17, as negotiated, in the 1999-2003 Agreement, imposed no new contractual reporting obligation on overtime eligible employees.  However, she found that, under the “actual hours worked” provision of Article 12.17 (historic language that has been included in the PS&T Unit Agreement since 1972)  the State always had the prerogative to require overtime eligible PS&T Unit employees to report precise times of arrival and departure on their time sheets.

The fact that historically DOT did not require reporting of times of arrival and departure did not deprive DOT of the discretion to require such reporting as an obvious and reasonable method of representing “actual hours” worked.  The arbitrator found that even the failure to exercise this discretion for thirty years did not establish “a practice” that relinquished this discretion.

Arbitrator Denenberg found that, while Article 12.17 does not restrict the content or format of a time and attendance report, on its face, Article 12.17 does protect the right of PS&T Unit employees to self report time and attendance, free from time keeping by a time keeper.  The arbitrator strongly reaffirmed that Article 12.17 clearly prohibits that State from using a time clock or time keeper to record an employee’s actual hours worked.  According to the arbitrator, the right to self reporting is a “chief purpose of the provision; recognizing the status of unit members as professionals.  They are accorded the privilege of accounting for their own working time without submitting to mechanical or managerial surveillance.”

When a complete legal analysis of the complex decision is complete, it will be forwarded to all PEF leaders.  Based on that analysis, PEF’s elected leaders will continue to pursue a course that protects the professional interests of our membership.

Roger E. Benson

Attachment

cc:        PEF Field Offices
Contract Administration Department
Legal Department
Public Relations Department
Research/Civil Service Enforcement Department

memo  

TO:                 Executive Board, Council Leaders
FROM:           Ken Brynien, Vice President and Contract Chair
DATE:            September 24, 2003
RE:                 PEF Contract Proposals

PEF negotiates its contract with New York State as do many other unions.  Of these unions we represent by far the most complex of the employee groups.  We have the most titles (over 2000) and we represent twice as many employees as are covered by the next largest contract.  Our members work in dozens of agencies and hundreds of worksites spread out across every part of NYS.  We even represent employees permanently assigned outside of our State.  To say the role of your negotiators is a complex one would be a significant understatement.  As a result of this complexity we place many issues on the bargaining table.

Negotiations is one element of a long term advocacy campaign.  We are at the formal negotiations table every 3-4 years but bargaining continues in one form or another as we continue the process of advocacy after formal negotiations has “ended”.  The most significant evidence of this is the success of PEF’s political action program and of course our achievement of sick leave parity.

The following proposals were made to the State in February 2003.  Many months of bargaining have occurred since then and some of the proposals are no longer on the negotiations table while others are close to being attained during this round of bargaining.  By making the following proposals PEF intended to lay the groundwork for ultimate success on each issue.  Therefore, it is critically important to understand that the following listing is our vision for a just work place for our members and that this vision does not evaporate when we have a new contract in place.

PEF has proposed a three year contract which would run from April 2, 2003 through April 1, 2006.  While much work remains to be done to achieve the following objectives, the following provides some general guidance about the proposals being advanced by the PEF Contract Team.

PEF CONCEPTUAL PROPOSALS

 PEF’s Top Three Priorities are: 

• Base wage increase in each year of the Agreement
• No significant concessions in Health Insurance
• Improvement to the Dental Plan

(Note: Sick leave parity was a “top” priority as well, but that benefit has already been achieved). 

In addition to these core objectives, PEF has proposed improvements in many different areas.  What follows is a summary of the major initiatives on which the Contract Team has engaged the State.

Article 7 Compensation

• Salary Schedule Parity with other bargaining units
• Automatic adjustment of base salary to offset differences in the cost of living
• “Portability” of longevity awards upon promotion
• Modify longevity awards to (a) increase their value (b) add a third level of the award and (c) modify the eligibility criteria to include years of state service
• Salary protection for long-term hourly employees who convert to full-time
• Shortening of the waiting period for payment of performance advances
• Salary protection and longevity award eligibility for SG-38 positions
• Restructure of the inconvenience pay program to establish different benefits for those regularly assigned to work at evening or at night compared to those who work such shifts on an irregular or intermittent basis
• Expand the Hazardous Duty Pay program

Article 8 Travel

• Require that the State offer pre-tax transportation benefits to all employees (both transit passes and parking expense reimbursement)

• Add reimbursement for use of personal vehicles for transport of equipment or materials
• Expand weekend allowance to any night employee is in travel status
• Require that interest be paid if travel vouchers are not paid on a timely basis
• Add language to allow all employees in long term travel assignments to return home on their pass day

Article 9 Health Insurance

Empire Plan

·        Add a comprehensive wellness program; expand the list of covered adult immunizations

·        Reduce out of pocket expenses for using services of non-providers who are located in a participating hospitals.

·        Add coverage for cardiac monitors

·        Expand Customer Service hours

·        Remove the “cap” on the State share of premiums

·        Allow HMO enrollees to receive their dental benefits from HMO instead of State Plan

·        Establish a separate, stand-alone prescription drug benefit for all employees rather than having the coverage offered by the health insurance provider.

·        Increase access, decrease out-of-pocket costs, and adjust the schedule of allowances for dental services

·        Abolish the “out of network” penalty

·        Make permanent the annual benefit for persons with medical conditions that require frequent updating of the prescription glasses

·        Expand benefit to include coverage of laser vision correction and other procedures and appliances that reduce reliance on corrective lenses

·        Expand coverage to include a number of “options” that are currently available only at enrollee cost

Health Care Spending Account

·        Allow part-time and hourly employees to participate in the HCSA program

·        Make available a debit card tied directly to the HCSA account to reduce paperwork

·        Allow employees stationed outside of NYS to “opt out” of health insurance in exchange for cash payment

Article 12 Attendance and Leave

·        Increase the maximum accrual of annual leave; increase the number of days that can be traded for cash upon separation from service

·        Provide bonus vacation days starting at 15 years of continuous service

·        Remove the cap on sick leave accumulation; increase to 200 the number of days that can be used for additional retirement service credit

·        Limit the requirement to provide medical documentation to absences of more than 4 days

·        Provide that employees can “sell” accrued days when the employer denies a request to use the days for “operational reasons”

·        Revise the current policy on emergency absences and directed departure

·        Expand the list of employees eligible for release for volunteer duties

·        Improve the Leave Donation Program

·        Provide leave without charge to credits for blood, organ or tissue donation

·        Provide leave for diagnostic medical tests

·        Establish a revised Health Option Plan to allow people to trade sick leave credits for money to offset the employee costs of health insurance benefits

·        Add language that provides that overtime ineligible employees would not have to charge partial day absences in any week in which they worked more than 37 ½ or 40 hours.

Article 13 Workers’ Compensation

·        Increase Supplemental Compensation and provide it for 12 months

·        Require notice of eligibility for Alternate Duty Assignment

Article 15 Professional Development Committee

·        Expand the benefits available to include free tuition at SUNY Campuses and to provide for a waiver of fees for open competitive examinations

·        Provide for the continuation of tuition benefits after expiration of the Contract

Article 17 Out of Title

·        Create financial penalties for continuing out of title assignments after a “cease and desist” order has been issues

·        Create financial penalties for out of title work at a lower salary grade

Article 18 Health and Safety

·        Arbitrability of Health and Safety Grievances

·        Mandate safe staffing ratios

·        Expand the charge of the Joint Committee on Health and Safety; establish annual conference

Article 20 Personal History Folder

·        Prohibit the use of “electronic” personal history folders

·        Modify language to permit eventual removal of any documents in folder

Article 21 Flexible Work Environment

            This is a new article that consolidates several provisions of the current contact related to modified and alternate work schedules.  VRWS, Compressed Work Week, Flex Time, Alternate Work Schedules and Telecommuting would all be moved to this new article.

·        Mandate that applications for flexible work schedules must be approved until 10% of the PS&T Unit employees in the work location are on such schedules

·        Provide that any denials of request for flexible work schedules can be arbitrated

Article 22 Protection of Employees

·        Prohibit the State for contacting out for PS&T Unit services unless they can demonstrate that a contractor can deliver the same quality of services at a lesser cost.  Post-contract audits will verify any contractor claims, and if the contactor did not meet the goal, the State would be prohibited from contract for those same services in the future.

·        Require that the State pay comparable benefits to State employees that they fund for Contractors

·        Extend all benefits of Article 22 to any abolition of position, not just contracting out

Article 25 Seniority

·        Seniority used to determine pass days, holidays, work location and vacation

·        Assignment to shift and alternate work schedules based on seniority provided the more senior employee is able to perform the job

Article 26 Institution Teachers

·        Standardize length of school year; add language to require additional days off if new State holidays are established

·        Increase leave days

·        Increase per diem rate

Article 27 Reimbursement for Property Damage

·        Provide for reimbursement beyond the $350 level as funds permit

Article 29 Emergency First Aid

·        Expand the access and availability of Automated External Defibrillators

Article 30 Verification of Doctors Statement

·        Remove “diagnosis” from required information

·        Restrict use of EHS exams

Article 31 Standby On-call Rosters

·        Increase the amount

·        Allow employees who are recalled to receive their standby pay

·        Limit stand by assignments to those employees eligible for pay

Article 32 Workweek and Workday

·        Assign all shift employees to a discreet shift that can only be changed upon notice

·        Provide that all employees shall have the opportunity to have their pass days on the weekend at least two weekends out of every four.

·        Prohibit mandating employees to work beyond their scheduled workweek

Article 34 Grievance and Arbitration Procedure

·        Provide that grievances are automatically sustained if they are not answered in a timely fashion

·        Provide for hearings at Step 3 level

Article 36 No Discrimination

·        Add “sexual orientation” to protected groups in Article; substitute the word “disability” for “handicap” in the Article

New Article Employee Privacy

·        Prohibit the use of Social Security Number or Drivers’ License Number for any purpose other than which the number was issued

memo

To:          Executive Board Members, Council Leaders, Labor/ Management and Agency and Local Health and Safety Chairs

From:     Shawn Bobb, Health and Safety Specialist

Date:      August 20, 2003

Re:          Blackout 2003 Follow-Up

In less than two years, harrowing circumstances have forced statewide evacuations of public facilities. In between that time, emergencies and false alarms have caused numerous evacuations of local workplaces. In these uncertain times, with the ever present threats of extreme weather conditions, power outages, bomb threats, workplace violence and other situations, the need to review, update and practice emergency action plans is tantamount.

PEF strongly encourages you to review your agency’s plan to ensure that at minimum it meets the OSHA requirements for emergency action plans. OSHA standard 29 CFR 1910.38, enforced by PESH for public sector workers in New York State, requires:

• A written plan kept at the worksite, and made available for employee review. For employers with 10 or fewer employees the plan may be communicated orally to the employees and the employer need not maintain a written plan.
• Selection and training of a sufficient number of people (floor marshals, floor wardens, and floor searchers) to assist in the safe and orderly emergency evacuation of employees;
• Clear written policies that designate a chain of command, listing names and job titles of the people or departments who are responsible for making decisions;
• Evacuation procedures, including designated meeting site(s) outside the facility and a process to account for all employees;
• Procedures for reporting fires and other emergencies;
• Procedures to address emergencies other than fires (medical emergencies, workplace violence, bomb threats, suspicious packages, etc.); and
• Types of evacuation for each emergency circumstance.