7/1/2004

HOT OFF THE PRESS: PEF PRESIDENT ROGER BENSON TO GOER DIRECTOR GEORGE MADISON
Hot off the press! A letter from the PEF president to GOER regarding bargaining. The letter is copied to the PEF membership and posted on the PEF web site. http://www.pef.org/pst2003/rb_to_gm_063004.pdf

TABLE TALK 
Regular readers of AIM know that negotiations over the past 18 months have taken several twists and turns. Causing the most recent twist is a roadblock thrown up by the State's Lead Negotiator resulting in more activity occurring away from the bargaining table than at it.

On June 18, 2004, 18 months into bargaining and several months after two other unions settled without accepting any major concessions, the State's lead negotiator declared that failing to meet their demand to eviscerate the contractual protection against timekeeping would be a "deal breaker". Let's be very clear. With the end of negotiations in sight and with the wage/benefit pattern established and known, the State set forth a "deal breaker" position which effectively derailed bargaining.

The State's need for the removal of timekeeping and time clock restrictions has not been articulated at or away from the table. They claim that without modification of the language of Contract Article 12.17 they are unable to take action against alleged "time abusers".  When asked for evidence of this problem, they did not respond, and for good reason: 25% of notices of disciplines issued PEF members per year include charges related to time and attendance issues like tardiness and absenteeism.  And if you believe a newspaper account that quoted a "state official", supervisors are not allowed to testify at arbitrations.  The fact is supervisors testify frequently in disciplinary cases and no witness has been kept silent by 12.17.  Moreover, no disciplinary arbitrator has rejected a notice of discipline based upon a claim that the time records used were constructed in violation of Article 12.17. If there is evidence that supports the need to modify the language of 12.17, the state has yet to produce it.

At this point, the State's Lead Negotiator has put the brakes on bargaining. She has made it very clear that progress in negotiations has been halted until such time as PEF accepts their 12.17 concessionary demands.

We have said from the beginning of bargaining that action by our membership away from the table may be necessary for the Contract Team's success at the table. It is time for that action!
   
FACT SHEET or TO PUNCH OR NOT TO PUNCH--THAT IS THE QUESTION
In the Albany media related to our ads and our most recent rally, the state has been quick to debate that they are not seeking to have PEF members punch time clocks.  While it is accurate, their proposal clears the way for use of swipe card systems to do the punching for you.

Here are the facts - Judge for yourself.

- CURRENT CONTRACT LANGUAGE OF 12.17
"No employee in this unit shall be required to punch a time clock or record attendance with a timekeeper. All employees in this unit shall be required to keep daily time records showing actual hours worked and shall maintain a daily record of absences and leave credits earned and used in accordance with the Attendance Rules on forms to be provided by the State, subject to review and approval by the supervisor."

- STATE'S PROPOSED (6.18.04) ADDITION TO THE CURRENT LANGUAGE
"Supervisors or their designees are not timekeepers and are authorized as a function of their supervisory duties to observe, record, and verify the time and attendance of employees under their supervision. All employees in this unit will be held accountable and may be subject to discipline for time and attendance infractions."

- STATE'S PROPOSED CHANGE (6.18.04)TO THE "ELECTRONIC RECOGNITION SYSTEMS" CONTRACT SIDELETTER
In addition to handing PEF negotiators the language change above, the State's lead negotiator notified us that changes in the current side letter on "electronic recognition systems" would be necessary to incorporate the 'observe, record and verify' standards the state has proposed. Currently, the side letter permits the use of electronic recognition systems (such as kronos and other swipe card systems) for various operational purposes, but specifically, the state agreed that any data collected by these systems would not be used for any time and attendance purpose.

When the state presented their revised 12.17 proposal, they said that they needed to amend the electronic recognition side letter to reflect the "clarified" responsibilities of supervisors and their designees consistent with their 12.17 proposal. To date, they have not provided us a copy of their revised side letter proposal, but given the emphasis on increased monitoring by non-timekeeping supervisors and their designees, it is likely that the state will propose making this data available for verifying time and attendance. (You can read the current side letter on "electronic recognition systems" at http://www.goer.state.ny.us/cna/1999to2003/pefpst/05app03.html#electrecog or you can view it the old fashioned way by checking page 219 of the 1999-2003 PEF Contract.)

6.28.04 CONTRACT RALLY
Several hundred PEF members and their supporters showed up on the picket line this past Monday night to tell the Governor that they wanted a fair contract. They delivered their demand for a fair contract while the Governor was attending the Annual New York State Republican Chairman's dinner and reception at an Albany country club.

The PEF Contract Team thanks those who attended!

See photos from the event at http://www.thecommunicator.org/timeclockrallyweb/index.html

CONTRACT JUSTICE FIGHTBACK CALENDAR 
- Monday, July 12, 2004 Governor's Annual Golf Outing at Westchester Whippoorwill Golf Club 9:30 AM

- Thursday, July 15,2004 Oros Fundraiser with Governor Pataki
Cortlandt Manor Monteverde Restaurant 5:30 PM

- Wednesday, July 21, 2004 beginning at noon - Albany, New York

Buses will be available from PEF Regional Offices (Regional Office phone numbers and addresses can be found at http://www.pef.org/regionaloffices.htm). You can also call 1-800 795-1900, ext. 425 for more information.

- Thursday, August 12, 2004  Surprise Rally (Latham, Schodack, Albany Area), 5:00 PM

- Friday, August 20, 2004  Governor's Club Day at the Races        Saratoga, Saratoga Flat Track, Noon

- Thursday, August 26, 2004 Governor's Day, Syracuse State Fair Grounds, 9:30 AM

- Monday, August 30 thru Thursday, September 2 - Republican National Convention, New York - TBD      

- Monday, September 06, 2004 "Picnic"  Cooperstown, Noon