Governor’s Actions Regarding Negotiated Pay Raises

 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

PEF-State of New York 2007-2011 Tentative Agreement

 Memo

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

CSEA Contract

 Memo

 

TO:                 Regional Coordinators and Executive Board Members

DATE:            October 26, 2007

RE:                 CSEA Contract

As you may have learned, the state and CSEA have reached tentative agreement on a new contract.  According to the information we have received CSEA wrapped up their negotiations with the state on October 24^th.  We held off announcing this awaiting a formal announcement from CSEA, however, none has been forthcoming.  It is our understanding that CSEA’s leadership will be meeting early next week to receive information on the settlement.

At this point we have no specific information regarding the agreement.  Once this is available, we will begin a review of its provisions, and issue a summary of the key elements of the proposed contract, along with information on how PEF will proceed.

For the latest information, be sure to continue to check the PEF website for updates.

Kenneth Brynien
President

April 2007 Merit Advance Rate

 Memo

 

TO:                 Ken Brynien
                        President

FROM:           Bob Carrothers
                        Director of Contract Administration

RE:                 April 2007 Merit Advance Rate
 

As you are aware, the Merit Advance Program will be implemented on April 1, 2007.  Under this program, eligible PS&T Unit employees G-18 and below can receive base salary adjustments that raise their base salaries to the same level paid to CSEA employees.  The Merit Advance Rate increase will first appear in pay checks dated April 26, 2007 (for the Institution payroll) and May 2, 2007 (for the Administration payroll). Individual eligibility for the Merit Advance is contingent on satisfaction of the following criteria: 

A.                 one complete year at job rate;

B.                 five years of cumulative State service;

C.                 no unsatisfactory  evaluations for three prior years;

D.                 no finding of guilt, settled NOD, or pending NOD during the three years preceding the effective date of the merit advance (excluding NOD’s which are dismissed by an arbitrator or withdrawn by the agency during the period);

E.                  participation in agency-sponsored training during prior three years.

(See, Merit Advance Side Letter, p. 173-74, 2003-2007 PS&T Unit Agreement.).  GOER has issued a jointly negotiated memorandum to all Directors of Human Resources providing additional guidance on the application of these criteria.  A copy is attached.  We have also attached a FAQ which we prepared which should answer most questions about the program. 

As we anticipated, earlier this month OSC generated a list of employees who satisfy the first two criteria. Agencies will then be responsible for deleting employees from that list who fail to satisfy the remaining three criteria.   The GOER memo includes some important clarification regarding how agencies should apply the remaining 3 criteria.  First, only unsatisfactory evaluations result in a disqualification under criteria (c).  If no evaluation was received, the rating is deemed satisfactory.  Second, only NOD’s served after April 1, 2004 may be used to bar eligibility under criteria (d).  Third, agency sponsored training is limited to training at which attendance is a work assignment without charge to accruals.  Such training must also directly support or improve skills required for an employee’s current job assignment. 

Any questions should be directed to Contract Administration, 1 (800) 342-4306 x 223.

Negotiations Update

 Memo

 

TO:                 Executive Board
                        Council Leaders

FROM:           Ken Brynien, President 

DATE:            March 22, 2007

RE:                 Negotiations Update

As the expiration date of the current PS&T Unit Agreement approaches, I wanted to update you on the status of negotiations.  Given the change in the Governorship, and the long delay in making appointments to GOER, we are in a different circumstance than we have faced in previous rounds of bargaining.

To date, the State has not commenced negotiations with any of the negotiating units, which is unusual given the nearly all of the Collective Bargaining Agreements expire in a little more than one week.  This situation occurred in large part because of the delay in appointing a Director to GOER.  That circumstance changed earlier this month with the announcement that Gary Johnson was the Governor’s selection to head the agency.  I have already had discussions with Mr. Johnson and we have made plans to meet face to face in the near future.  He has also assured me that once he assumes responsibility for the agency in April, negotiations will be a top priority. 

Vice President Lou Matrazzo assures me that the Contract Team is prepared and waiting for the call to start negotiations.  I passed that information along to Director Johnson who told me that he appreciated our patience while the new administration assumed their new roles.  He also understands that our patience is not unlimited and that the State has a responsibility to commence negotiations sooner rather than later.

In the interim, we have taken several actions to better prepare ourselves for when do get to the table.  I have communicated with the Governor about the importance of continuing funding for the various educational programs provided by the contract even when there is no contract in place.  While we have not received a formal reply, I expect to discuss this issue with his top staff person when I meet with him later this week.

Vice President Matrazzo has also been working very closely with the COLA Committee to start mobilizing our members and other state employees around the issue of cost of living adjustments for employees in high cost areas.  The meetings have been very well received, and more than several thousand of the letters to Governor Spitzer have already been signed.  Even more important, there appears to be significant participation from employees in other unions including CSEA, UUP, and DC37.  In addition, I have also just communicated with the Presidents of the unions representing the uniformed services (NYS Troopers, Council 82, NYSPIA and NYSCOPBA) asking them to join our coalition around the COLA.

I will continue to update you on the status of negotiations, and I expect that the next memo will be to share the date on which we expect bargaining to start.  We will also continue to use the PEF website and the AIM e-mail updates as more information becomes available.