TO: Kenneth Brynien
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.
cc: Statewide Officers
Roger L. Scales