Memo to council leaders from the President's office

 memo:

TO:                 Council Leaders

FROM:         Susan M. Kent, President

DATE:         February 19, 2013

The Kent/Garcia Administration was elected in June 2012 and took Office on August 1 of that year.  Some of you have been Council Leaders for many years and others of you are new to the job like we are. 

 A quick overview of Divisions is that our Union, The Public Employees Federation (PEF) has 240 Divisions representing 54,000 members throughout New York State.  Each of these 240 Divisions is part of one of the 12 Regions in PEF.  As Council Leader, you have been elected as the Leader of a PEF Division and by accepting this position have been entrusted with ensuring that members of your Division are provided with information and assistance pertaining to their terms and conditions of employment.  PEF has put Division Standards in place to ensure that all divisions are functioning at a high level of performance.  It is important for you, as the leader of your Division, to set an example for your members by exhibiting a high work ethic, integrity, trust, confidentiality, commitment to PEF, the community we serve and the labor movement.

I was a Council Leader at the State Education Department for 12 years prior to being elected PEF President.  I know the intense level of responsibility and stress that comes with the job of a Council Leader.  I also know the immense satisfaction that is felt when we assist members and prevent and right wrongs that have been done to them.  I also know that in order for you to be successful in your job as Council Leader, you should be able to rely on the support of your members, Executive Board representatives, Regional Coordinator, the Vice Presidents, Secretary-Treasurer Garcia and me. 

 At the last meeting of the Executive Council, which includes the 12 Regional Coordinators, 3 Vice Presidents, 3 Trustees, the Secretary-Treasurer and me, one of the major discussions that took place related to the need for improving communication from Council Leaders, as well as greater participation of Council Leaders and their members in Regional and Statewide PEF issues and activities.  We know that communication works both ways, so we are committed to making sure that we, as the Statewide Leaders and Trustees of PEF, invest in efforts to move PEF forward and give you all the support you need to be part of the solution for PEF and the many challenges we and our members face.  One basic way to improve our Union is to make sure that Council Leaders are holding meetings with their members and that they are informing their Regional Coordinator of Division meetings.  This is a simple communication that is so very important to the health of our Union, so if this is an issue that you need to address, please do so expeditiously.  This is an opportune time for you to hold a member meeting to convey budget priorities to your members and to work with your Regional Coordinator on regional fight-back campaigns.

In the coming months there will be many changes that I will be communicating with you and I ask that you let me know your ideas for PEF, and concerns you may have as well.   Communication is one area we know needs improving.  Please send us your ideas about how we can better communicate with our members - in addition to the Communicator and website postings.  Please ensure that PEF has your correct contact information, including home and work addresses, phone numbers and email addresses by contacting my Office at (518) 785-1900, ext. 211. 

Thank you for being a leader in our Union and for the work you do every day on the job for the community and for the members of your Division.

PEF 2013-14 BUDGET PRIORITIES

 memo:

TO:               Executive Board Members and Council Leaders

FROM:        Susan M. Kent, President

DATE:         February 8, 2013

RE:             PEF SFY 2013-14 Budget Priorities

Attached are PEF’s budget priorities for the upcoming fiscal year which have been developed in consultation with affected Statewide Labor Management Chairs, Regional Coordinators, and Executive Board members.  Our main concerns are proposals which would:

• Create a private hospital in Brooklyn and in upstate New York, which, along with inadequate state financial support,  may endanger our SUNY hospitals;
• Expand the use of “design build” and “design-build-finance” contracts for infrastructure improvements;
• Expand the Close to Home Initiative and close all OCFS non-secure facilities;
• Replace current one-year notice laws for the closure of DOCCS, OCFS, and OMH facilities with significantly shorter and inadequate notice provisions;
• Privatize and diminish state provided services to the mentally ill and developmentally disabled through undisclosed closures of state operated facilities.

Our strategy for advancing our budget priorities will involve engaging our members, members of other unions and community groups, working together to advance our budget priorities and to fight those proposals that result in bad public policy, negatively impacting our members and the community.  At the same time, we will remain vigilant in advocating for continuity of employment for our members and to protect the services they provide to New Yorkers.  This year we will move to regional lobbying.  We will begin regional lobby days in every PEF region and outreach efforts to get PEF members to send letters to their legislators on our priority budget issues.  Regional Coordinators and PAC Chairs requested that the PEF Legislative Office prepare letters on all budget priorities for them to coordinate letter writing campaigns in their regions.  The timetable for action is short, and your participation is essential over the next month to ensure our budget priorities are achieved.

cc:  Statewide Labor-Management Chairs

Click Here for SFY 2013-14 Budget Priorities of the Public Employees Federation Memo

UPDATE - Sick Leave Credit Calculation

Contract Administration

TO:                   Executive Board Members and Council Leaders

FROM:           Elizabeth S. Hough, Director of Contract Administration

                     Lorraine Simpkins, Health Benefits Specialist

DATE:            March 4, 2011

RE:                UPDATE - Sick Leave Credit Calculation

In our memo dated February 17, 2011, we advised you that the Department of Civil Service (DCS) appeared to be planning to change the life expectancy tables used to calculate the value of the monthly sick leave credit that is used to offset a retiree’s share of health insurance premiums effective beginning April 1, 2011.  If this change were to be implemented, the result would be a lower lifetime monthly sick leave credit because of longer life expectancies.

We are pleased to report, that in response to a “cease and desist” demand letter from PEF,  the Governor’s Office of Employee Relations (GOER) has now advised us that DCS will not be implementing this change effective April 1, 2011.

The State is continuing to assert that they have the legal authority to unilaterally change the actuarial tables at a future date without PEF’s consent.   Our position remains that the formula used to calculate the sick leave credit is a mandatory subject of bargaining and that the State cannot unilaterally change the formula because it would be a violation of the terms of the 2007-2011 PS&T Unit Agreement.

However, despite this continuing difference of opinion, DCS and GOER have at least agreed that, employees should be given “adequate” notice prior to the implementation of a change in the formula used to calculate the sick leave credit.  GOER has informed us that, should DCS decide to change the life expectancy tables at a future date, it will not be done without “adequate” notice to employees.

We will keep you informed if we receive any new information suggesting that DCS is proceeding with implementation of any change in the formula used to calculate the sick leave credit on a new timetable.

LM-30 Reporting to the U.S. Department of Labor Follow Up Memo

Office of General Counsel

TO:           Statewide Officers
                Executive Board Representatives
                PEF Staff

FROM:      Rita J. Verga

DATE:       August 13, 2010

RE:           LM-30 Reporting to the U.S. Department of Labor

                Our File No. 7029-P

This is an update to Counsel’s December 18, 2007, March 31, 2008 and March 4, 2010 memoranda concerning LM-30 reporting requirements, which are available at www.pef.org.

As we previously reported, effective January 1, 2008 the U.S. Department of Labor (“DOL”) expanded reporting requirements for individuals who may be required to file annual reports (LM-30) with the Department’s Office of Labor-Management Standards (“OLMS”) if they meet the conditions for reporting.  The expanded reporting requirement stemmed from the Bush Administration DOL’s redefinition of the term “labor organization employee” to include individuals who are not employed by their union, but who perform union work during their work day, and are paid for that time by the employer.  Thus, the new filing requirements were aimed at identifying how much employer-paid time is spent on union business, by union stewards and local leaders.  As a practical matter, the filing requirements never went into effect because the Obama Administration DOL gave filers a choice of using the old form or the new form.

The Obama Administration DOL has proposed a rule to repeal the changes to the LM-30 Form that were adopted by the Bush Administration.  The public comment period for this rule closes on October 12, and the AFL-CIO will be submitting appropriate comments.  Practically speaking, payments made by an employer under a union leave or no docking policy once again would not be required to be reported on Form LM-30.

We will continue to apprise you of developments in this area.

RJV/jbc

Restoration of Article 15 Tuition and Professional Development Programs

 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.

Additional information will be available on the GOER website, which you can access directly at http://www.goer.state.ny.us/Training_Development/PEF/index.cfm or through a link on the PEF website (www.pef.org).

If you have questions or concerns you can contact the Cliff Merchant or Kim Loccisano in the PEF Education Department at extension 328 or by e-mail to cmerchant@pef.org or kloccisano@pef.org.