Officinal Publication of I i The Civil Service Employees Association Warmest holidays A happy new year ^ ^ H ^ W Amid the frenzy of business and the burden of responsibility we all manage somehow to set aside our daily chores and habits at this special time of the year to observe the happiest of holidays and the promise of the new year. I wish to take this opportunity to convey to you all (KX on behalf of the Civil Service Employees Association, our best wishes for peace, joy, happiness and success ^ this holiday season and throughout the coming new ^ year. ^ This is a time when all men and women can pause ? | to reflect and give thanks for the warmth and com^ forts of friends and family and to join with those P around them in observation of this most special time of year. My hope for the coming year is that we may all continue the spirit of joy and peace that we share this S holiday season. With the support and guidance which ^ A you have given us in the past, I am sure that a peaceful j S and prosperous new year is in store for us all. From all of us at CSE A, we wish you and yours the ^ warmest of holidays and the happiest new year. William L. McGowan Vol. 1, No. 12 25(t DOT contracting out case resolved with major award ALBANY — A class grievance filed in 1976 by the Civil Service Employees Assn. which alleged that more than 800 Department of Transportation employees were laid off as a Stony Brook Local may strike STONY BROOK — A proposal by the State University of New York at Stony Brook to institute a parking registration fee has SUNY employees up in arms, and Albert J. Varacchi, President of CSEA Local 614 says members of his Local are prepared to strike rather than pay the fee. The SUNY at Stony Brook says it plans to institute a $2.50 parking registration fee for teaching and n o n - t e a c h i n g e m p l o y e e s and students at the Stony Brook campus at the start of the spring semester. "Our people are ready to take whatever action is necessary, including a strike if that's what it takes, to prevent the university from imposing this registration fee," Varacchi stated. The CSEA Local has received the backing of the university faculty and a c a m p u s - w i d e student organization, POLITY, in its effort to prevent imposition of the fee. Varacchi said the fee is intended to subsidize on-campus bus service, but that cost would rise rapidly and it could be expected the initial proposed fee would also increase. "We'll fight it here and nowV he stated. N e w pension fund raids possible UTICA — The union's representative on the State Comptroller's Pension Advisory Committee has warned of a "clear and present danger" that the funds of the State Employees' Retirement System will be the target of renewed efforts to bail out New York city from financial difficulties in the near future. J a m e s H. Currier, President of the CSEA Fort Schuyler Local 014, in a letter of CSEA President William L. McGowan, noted that the IRS codes were modified as a rider to federal loan guarantee legislation, reducing the state's fiduciary responsibilities fot the plan and rnaking the pension plan more vulnerable. The following are excerpts of Mr. C u r r i e r ' s l e t t e r to P r e s i d e n t McGowan, updating activities surrounding the pension funds: "I would direct your attention to what could be a serious problem with the ERS pension fund in 1979; specifically the use of pension fund dollars to bail our New York City in its next round of financial crisis. "During the last session of the Wednesday, December 20, 1978 United States Congress, PL-95-339, the New York City Loan Guarantee Act of 1978, was passed and we as a group concurred with Mr. Levitt's p u r c h a s e of g u a r a n t e e d MAC Bonds. What I have just learned, however, is that in conjunction with the loan guarantee legislation, HR 12051, a modification of the IRS codes, was also passed and this reprehensible law permits a State operated pension system to loan up to 10% of its assets J;o the employer and still keep harmless under the plans fiduciary responsibilities requirement. In short, the Feds authorized public plans to do what they would j a i l p r i v a t e plan managers for doing." . . p a r t of M r . L e v i t t ' s defenses rested on his fiduciarv responsibilities under a number of laws, not the least of which was the IRS codes sanctioning the tax position of the $10.5 billion ERS fund. The modification of that IRS code now m e a n s t h a t the Comptroller could, and undoubtedly will, lose a substantial part of his argument against making what he would otherwise t e r m an im- CSEA COUNSELING SERVICE — CSEA has been successful in greatly reducing the number of Westchester county employees facing layoffs due to budget considerations. And to assist those who are facing that potential, the union has set up a counseling service to assist the affected employees in several ways. In the adjacent photo, CSEA Southern Region Director Thomas Luposello, left, counsels Bonato Ricozzi of the Westchester County parks department, as CSEA Southern Region President James Lennon, center, observes. See pages 6 and 7 for latest update on the Westchester County situation. prudent investment. I think we should take immediate action to look into this situation . . . and find out what can be done to plug up this loophole that could drain our members' money and seriously jeopardize their future." "I recommend we take positive action at the federal level, push for enactment of our version of the pension fund trusteeship, and keep very close watch on the gyrations we can expect from those who would rob our retirees of a secure future." result of the State of New York "contracting out" for goods and services, was settled late last week for $500,000. It is the biggest arbitration award of its kind in the history of the collective bargaining relationship between CSEA and the State. While most of the employees laid off on January 23 and May 14,1976 have returned to state service and are working in their original grades, 27 people still remain on preferred lists. The settlement included a commitment by the State to canvass the 27 employees for job placement. Timothy Mclnerney, Department of Transportation representative on CSEA's Board of Directors and a key union representative in the successful class grievance, said "this decision reinforces the absolute importance of retaining the protection of employees language contained in Article 22 of the union contract." He also had praise for the cooperation of the DOT employees originally affected and assistance of CSEA's law firm, who handled the grievance under the union's Legal Assistance Program. It was alleged that the massive layoffs occurred in violation of the Protection of E m p l o y e e s a r t i c l e in the CSEA-State agreement which provides that layoffs of permanent employees will not occur as a result of the State's exercising its right to contract out for goods and services. Before determinations can be made for the distribution of the $500,000 award, a thorough r e v i e w of e a c h a f f e c t e d e m p l o y e e ' s employment data must be conducted by CSEA and the State. Calendar of EVENTS Legislature expected to pass court bill ALBANY — The long-awaited contract for CSEA-represented state court employees is expected to be approved by the state legislature next month, according to CSEA Collective Bargaining Specialist P a t Monachino. He expects the legislature to vote in favor of the bill s o m e t i m e during the week of J a n . 8,1979. He based his optimism on c o m m i t m e n t s f r o m the legislative leadership. The contract, which was negotiated with the Office of Court Administration (OCA) in July and ratified in the late s u m m e r , covers employees of the f o r m e r county and city courts in Judicial Districts 3 through 8 (all of New York State except for Long Island, New York City and the southern most counties of the state). The contract calls for: • The allocation of the f o r m e r county and city court employees to the 1978 state salary schedule. • The guarantee of three increments in allocated grade to all employees involved on April 1, 1978, 1979 and 1980. • Retroactive pay f r o m April 1, 1977, to those employees whose pay increased because of the allocation to the state salary schedule. • A wage and benefits reopener in J a n u a r y 1979 for April 1, 1979. CSEA represents the court employees in the six upstate judicial districts and in eight bargaining units in the ninth district (southern-most counties). Those eight units a r e voting on the ratification of a separately negotiated contract. Monachino said the state legislature did not act on the contract during the two times Gov. Hugh L. Carey called the legislature back into session in the fall because only the governor's agenda was considered. The legislature, in 1976, passed a law merging the county and city courts into the state court system. That law also allowed the 131 jurisdictions to m e r g e into larger bargaining units. In 1977, CSEA v.on elections merging the individual units into six s e p a r a t e bargaining units based on the six upstate judicial districts. Editor We encourage letters from r e a d e r s p e r t a i n i n g to i t e m s which have appeared in T H E PUBLIC SECTOR or which a r e of interest to public employees. Letters must contain the n a m e , a d d r e s s and telephone number of the writer for verification purposes. Telephone numbers will not be printed, and n a m e s may be withheld upon r e q u e s t . Send all letters to T H E PUBLIC SECTOR, Clarity Publishing Inc., 75 Champlain Street. Albany N.Y. 12204. Cost-of-living for retirees retired employees. In the period during which a New York State retiree has received no pension increase, a federal r e t i r e e ' s pension has almost doubled through cost of living inc r e a s e s p a i d f o r by t h e s t a t e retiree's taxes on his pension income. But things will get even better next year. Under the P r e s i d e n t ' s voluntary wage control program, those private sector employees whose collective bargaining wage increases do not keep pace with the r a t e of inflation will be reimbursed by the government for the excess of inflation over 7%, subsidized naturally by the taxes paid by the frozen pensions of the New York State retirees. At this rate, with continuing inflation the time will be soon when their pensions will be supporting everyone but themselves. J. L. Modell Eastchester, N.Y. Editor, The Public Sector: The election year salary increases to the state employees a f t e r a three year hiatus, and promises of additional largesse for both civil service and p a l a c e g u a r d e m p l o y e e s a r e laudable, but as usual the governor has forgotten one group who a r e greatly in need of such generosity. The retired employees of New York State have received neither pension or cost of living increases in the four years of his stewardship and for many years prior, and a r e now barely keeping their heads above the flood of inflation. The cruel hoax imposed on them as an added injury is that from their m e a g e r , frozen pensions they a r e required to pay federal income taxes which in part pays for the consistent cost of living increases which the f e d e r a l g o v e r n m e n t g r a n t s to its Page 10 About those pensions Editor, The Public Sector: I think the n a r r o w and discriminatory view expressed by the Retiree Coordinator with regard to the present State Tax E x e m p t status of state and municipal employees is unfair to the vast m a j o r i t y of retired people with private and federal pensions. In many cases the retiree in the private sector receives a much smaller pension than the retired state employee. Even though he or she paid both federal and state taxes on his contribution to his r e t i r e m e n t plan all the time they worked the pension income is still subject to state tax a f t e r retirement. Many State Employees enjoy a non-contributory r e t i r e m e n t plan today. Thus these employees upon r e t i r e m e n t r e c e i v e dual benefits. It is just this type of greedy THE PUeilC SECTOR, Wednesday, N o v e m b e r 22, 1978 DECEMBER 29 — Tompkins County Locol 855, Holiday Party and Dance, 6 p.m. until 1 a.m., VFW Hall, West State Street, Ithaca. 29 — Syracuse Local No. 013, Happy Holidays Party, 5-8 p.m., Local Office, second floor, 237 East Genesee Street, Syracuse. JANUARY — West Seneca Developmental Center Local 427, Stewards and Effective Grievance Handling Training Class, 9:30 a.m. V.F.W. Post, 299 Leydecker Road. Eligible lists printed in 'Sector' based on size, space available Although eligible lists a r e published as space permits, it is not always possible to print some lists simply because of the number of people taking and passing certain exams. F o r example, the following is a s u m m a r y of s o m e e l i g i b l e l i s t s r e c e n t l y e s t a b l i s h e d by t h e D e p a r t m e n t of Civil Service. A test for senior stores clerk, held last May, a t t r a c t e d 2,912 persons, and 1,279 people passed the e x a m to appear on the recently established list. A. M. Gadbois of Clinton leads the list with a score of 96.9, with Alice Needham of Athol second at 96.4. A recently established eligible list for senior file clerk has 1,108 n a m e s on it, headed by Carol Meloon of E a s t Amherst with a m a r k of 95.2. A total of 807 people passed the exam for data e n t r y m a c h i n e operator trainee, with Carl Johnson of the Bronx heading the list with a m a r k of 101.0 with 5 veterans credits. An eligible list for senior mail and supply clerk shows Dawn Lawson of Voorheesville and Patricia Dawson of Albany tied at 92.2 to lead the list of 628 people. A senior payroll audit clerk/senior u n d e r w r i t i n g clerk list has 1,020 names, headed by Dennis O'Rourke of Flushing at 97.0. attitude that spurs taxpayer resentment and revolt. I think your newspaper and Mr. Gilmartin could m a k e this benefit m o r e just by sponsoring legislation that would limit the non-taxable portion of all pensions to say, ten thousand dollars, for all pension income. This action would e l i m i n a t e the d i s c r i m i n a t i o n now practiced by the State among its retired population. The taxes collected f r o m the fat cats as you call them could help keep the state financially sound. In my opinion Comm. Dyson's recommendation did not go f a r enough. I would like to see all elected and appointed officials excluded f r o m any s t a t e financed pension plans. Any b e n e f i t s the legislators have granted to the lower echelon employee have been outstripped by the benefits they have granted themselves. Even a cursory investigation of the benefits they enjoy would expose their greed. Is it any wonder why Prop. 13 type legislation is having such success? We, the taxpayers, need the right of initiative and referendum in New York State to check the greedy politicos. John Keezer Central Islip, N.Y. Editor's Note: CSEA Retiree Coordinator Thomas Gilmartin recently noted that Commerce Commissioner Dyson proposed to exempt all pensions of retirees, private or public, from s t a t e i n c o m e tax. P u b l i c employment retirees are already exempt, but the newest proposal would place a ceiling on the amount of pensions to be tax exempt. That means that thousands of retired public employees who now have tax exempt status would be forced to pay state income taxes on a portion of their pension. Such a proposal at this time also could cause problems with efforts to gain a badly needed cost of living adjustment to retired public employee pensions, Mr. Gilmartin pointed out. A harmful attitude Editor, The Public Sector: There seems to be a prevalent view among public employee unions that their m e m b e r s must necessarily be opponents of any attempts to reduce or limit government spending. Such an attitude can only be h a r m f u l to the already tarnished image of the public employee that is found among the general public. It must be realized that the taxpaying private sector employee is merely trying to gain control over the current tax more, spend m o r e trends. Rather than vicious direct attacks against such a t t e m p t s , I feel ways must be found to educate the public along the following lines: 1. The public needs to be informed of the specific e f f e c t s spending cuts may have on vital services. 2. Some blame for high government cost must be placed on the wealth of political patronage jobs, many of which may be only marginally usfeful, but would probably not be eliminated in the event of a budget reduction. 3. Inflationary e f f e c t s need to be considered. 4. In m a n y c a s e s , p r o p e r administration may be able to provide better service and hold down costs without l a r g e n u m b e r s of public employee layoffs. There a r e other c o s t s i n v o l v e d in g o v e r n m e n t operation besides worker salaries. It is the right of the voters to m a k e their choice. Robert Jutton Syracuse, N.Y. Jamestown raise set JAMESTOWN - Workers of the City of Jamestown, represented by Chautauqua County Local No. 807 of the Civil Service Employees Assn., will receive a raise of 11.2 percent over two years, under t e r m s of the new c o n t r a c t they approved this month. The union also negotiated agency shop and upgrading in several titles, as well as i m p r o v e m e n t s in all longevity payments, in addition to the new 25 year payment of $500. A new vacation schedule will give workers eighteen days a f t e r 16 years of service, nineteen days a f t e r 17 years of service and twenty a f t e r eighteen years of service, during the first year. During the second year of the pact, they will reach the nineteen day level after 16 years and the twenty days of vacation a f t e r 17 years, CSEA Field Representative Samuel Carmen was the Chief Negotiator for the negotiating team which included P r e s i d e n t Dfelores J a c k s o n ; Secretary Bobbie Erikson; Frank Kaluza, Delores Lee, Carrie Mazzone and Vern Verberg. Phoenix pact gets approval P H O E N I X - M e m b e r s of the P h o e n i x C e n t r a l School Unit of Oswego County Local No. 838 have voted unanimously to ratify a new contract that will affect 78 employees in the bargaining unit. The new one-year pact, retroactive to July 1, 1978, includes wage increases of 6 percent for cafeteria e m p l o y e e s , bus d r i v e r s and mechanics. Due to an inequity in the previous c o n t r a c t , custodial and maintenance employees will receive an increase of 7 percent. Other new c o n t r a c t l a n g u a g e c a l l s f o r all employees to hold step locations, a guaranteed minimum of two hours c a l l - b a c k pay f o r c u s t o d i a l and maintenance employees and a bid system for open and vacant runs for bus drivers. CSEA Field Representative Jack Miller served as chief negotiator for the unit team which also included: Chairperson Mildred M c D e r m o t t , David Zogg, Sheldon Ford, Virginia C a r r i o t i , William B r e c k e n r i d g e , Darlene Yerdon, Louis Beasley and Beverly Clute. The Phoenix Central School District representatives a r e also expected to ratify the new pact in the near future. At that same meeting, unit elections ,were held and Mildred McDermott was elected President of the unit, Grant DeLohg, 1st Vice-President; 2nd Vice-President, Bob Ungleich; S e c r e t a r y , Beverly Clute and Treasurer, Margaret Wilkinson. SHERMAN Non-teaching employees of the Sherman Central School, represented by Chautauqua County Local 807, CSEA, will receive raises of 6.5 per cent, retroactive to July 1, 1978, in each year of their recently-ratified new two year pact. Harassment alleged, charges are dropped SYRACUSE - An employee of the Hutchings Psychiatric Center who has beaten three previous arbitration cases has done it again. The institution has dropped disciplinary charges against her and backed out of an impending arbitration. The Civil Service Employees Assn. says charges against the e m p l o y e e in t h e p r e v i o u s a r bitration cases were "trumped up" and the latest charges amounted to "harassment." Eva J. Jones, a cafeteria aide at Hutchings and a CSEA member of Local 435 there for the past four years, was scheduled to have an arbitration hearing on disciplinary charges brought against her under A r t i c l e 33 of t h e c u r r e n t Institutional Services bargaining unit contract. But just prior to the scheduled hearing, Ms. Jones got a letter from the institution's personnel administrator, telling her all charges were being dropped due to "a marked improvement in your work performance." CSEA F i e l d R e p r e s e n t a t i v e T e r r y Moxley and Local 435 President Audrey Snyder, however, agree that there's more to the story than meets the eye. "I have a feeling the Office of Mental Health in Albany finally told Hutchings to stop harrassing her," Moxley said. "They'd gone to arbitrations three times against her, and lost all three cases. They were all trumped-up charges, and everybody knew it. 1 think that, when the Central Office heard about it, they told Hutchings to stop w a s t i n g t i m e a n d m o n e y in harassing Ms. Jones." Ms. Snyder added that previous vendettas against Ms. Jones include a series of "counseling memoes" that were put in her personnel file and resulted in an "unsatisfactory" evaluation of her work, which the institution then used to try to deny her a salary increment last year. CSEA took that case to arbitration and won it, also. Mr. Moxley noted that, while the cost to the union in terms of time and legal expenses may have been high, the principle involved made the effort well worth while. "Ms. Jones was very persistent and patient," he said. "She followed the procedure as the union instructed her, every step of the way. It shows that when our union members stick to their guns and follow all the legal procedures correctly, they will win in the end." Mr. Moxley speculated that the real reason behind the history of harassment was a personal p r o b l e m involving a p r e v i o u s supervisor of Ms. Jones. Legal assistance in the case was provided by CSEA Regional Atty. Earl P. Boyle of Syracuse. New board member ALBANY - Nancy J. Roark of Elmira, president of CSEA Judiciary Local 334, has won election to the CSEA Statewide Board of Directors representing the Judicial Department. The election was conducted by the union's Special Election Procedures Committee, to fill t h e v a c a n c y l e f t by t h e resignation of Ethel Ross. Her term of office will run through June 30, 1979. Union files for reclassification of state nurses ALBANY — An appeal to reclassify state-employed P r a c t i c a l Nurses (LPNs) from grade 9 to grade 12 has been filed with the Division of Classification Compensation, State Civil Service Department. The reclassification, if approved, would effect LPNs working for the State Health Department and in state mental hygiene facilities. The reason for the appeal is to bring LPN's who are licensed and undergo prior training, into salary grades more commensurate with other state employees with licenses and training, T h o m a s Coyle, CSEIA a s s i s t a n t research director, said. The actual appeal was filed by Alice Pope, LPN, of CSEA Local 404, an e m p l o y e e of t h e C e n t r a l I s l i p Psychiatric Center. Declare impasse in Cattauraugus County Characterizing Cattauraugus County's continuing failure to move from the original two percent pay offer as "unconscionable and incredible," Lee Frank, regional director. Region 6 of the Civil S e r v i c e E m p l o y e e s Association, (CSEA), which represents the county's workers, say the union has declared an impasse in negotiations and asked that the Public Employment Relations Board, (PERB), name a mediator. "Coming as it does on the heels of a 38% raise which the legislators gave themselves, that puny two percent raise shows that the county has no conscience," Mr. Frank continued. "And it's unbelievable that they would hold to that position for the duration of the negotiations," he said, explaining that t h e r e have been eleven meetings between the county and the union with no progress. "Because of the impact of inflation the county really wants the workers to have less than they started with." " O t h e r issues which constitute stumbling blocks in the negotiations," he said, " a r e job security, a no sub- contracting clause, agency shop and contract language." A l s o p a r t i c i p a t i n g in t h e negotiations a r e Field Represent a t i v e , S a m C a r m e n , Local 805 P r e s i d e n t , J e a n F r e e m a n ; Olean Nursing Home Unit President, Ann Timme; Negotiating Team Chairman, Tom Bruno; Patsy Howard, representing clerical workers; Eileen Marsh and Joe Finn, Social Services; B a r b a r a Hastings, public health nurses; Claire Charberlin, highway and alternates Tim Anderson and Judson Spring. Union lobby effort helpful in passage of library bill ALBANY - A $3.7 million library funding bill was passed overwhelmingly by the New York State legislature in the wee hours of the morning on Dec. 7, 1978. The inclusion of the bill on the legislature's limited agenda was due in part to lobbying efforts by CSEA, the union's Director of Legislative and Political Action Bernard Ryan said. The legislature only considered those items on Gov. Hugh L. Carey's agenda when it met during the first week of December. The bill provides the payment of funds for school, college and public libraries, which can be used for book purchases, salaries or other library expenses. Ryan said CSEA became involved with the bill because in .some cases CSP2A members would have lost their jobs without the state funds. CSEA members and staff who were involved in the effort to have the legislation passed were: Joseph M c D e r m o t t , Region IV president; Ryan; J a m e s F'eathers t o n h a u g h , a t t o r n e y for CSEA; M a r t i n L a n g e r , l e g i s l a t i v e and political action c h a i r m a n ; Mary Jarocki, CSEA SUNY Albany; Harold Cropsey, CSEA Albany County; Jean Myers, Region IV political action chairman; and Dick Evans, Ernie Strobel, Carol Bedore and Mary Leggett, Region IV political action committee. Ms. Leggett, an employee of the Clinton, Essex, Franklin Library System, said: 'CSEA worked for a public s e r v i c e , keeping a g r e a t resource for the people of New York State." Cutoff set on NYC blackout credit NEW YORK CITY - Victor S. Bahou, president of the state Civil Service Commission, has announced that New York City-area state employees affected by the July 14, 1977 power outage will receive the previously announced vacation credit for that day, but in order to be eligible emplovees must have been in service on the state payroll as of October 12, 1978. "No vacation may be credited to persons who separated, for any reason, prior to that date," Bahou said in a November 30 memorandum to all state departments and agencies. THE PUBLIC SECTOR, Wednesday,N o v e m b e r29, 1978 Page 11 REGION 1 — Long Island Region Region " (516) 6 9 1 - 1 1 7 0 Irving F l a u m e n b a u m , President F:d Cleary, Regional Director U P U B L I C EMPLOYEES: Where Would We Be Without Them? REGION 2 — Metro Region (212) 9 6 2 - 3 0 9 0 Solomon Bendet, President George Bispham, Regional Director REGION 3 — Southern Region (914) 8 9 6 - 8 1 8 0 J a m e s Lennon, President Thomas Luposello. Regional Director REGION 4 — Capital Region (518) 4 8 9 - 5 4 2 4 Joseph McDermott, President John Corcoran. Regional Director REGION 5 — Centrai Region (315) 4 2 2 - 2 3 1 9 J a m e s Moore, President Frank Martello, Regional Director REGION 6 — Western Region (716) 6 3 4 - 3 5 4 0 Robert Lattimer. President Lee F r a n k . Regional Director Need pension fund safeguards It is a human characteristic to slip into a feeling of relief and security with the passing of a crisis. It has been quite some time since the financial problems of New York City have been page one items, .so the reality of that continuing problem has diminished. But CSEA's representative on the State Comptroller's Pension Advisory Committee. J i m Currier, has j a r r e d us back to reality with a flatly stated warning — " T h e r e is a clear and present danger of renewed efforts to bail out New York City finances through the State operated pension f u n d . " A modification of the IRS codes by the federal government tied in with NYC loan guarantee legislation, Mr. Currier warns, makes it much easier to force a sizeable amount of the State Employees' Retirement System funds to be used to help New York City in another fiscal crisis, a crisis Mr. Currier warns is present and growing. His w a r n i n g s of a p p r o a c h i n g danger, and his recommendations on how to f u r t h e r safeguard the pension funds must be considered carefully, for his position on this important and sensitive committee places him in a place to view conditions f r o m within. The hundreds of thousands of CSEA-represented public employees whose pensions a r e involved can be assured the union is already taking necessary steps to counteract the dangers outlined by Mr. Currier. (R.A.C.) Mass layoffs more costly The wholesale layoff of public employees, a bi-product of the Proposition 13-meat ax approach to government financing, is an expensive way of cutting government expenses. A SUNY professor explained that layoffs a r e more costly t h a n a t t r i t i o n in r e d u c i n g a government's payroll. (See P a g e 9.) Layoffs were found to be 20 percent m o r e costly than attrition gPublic— SSECTOR Otticial publication of The Civil Service Employees Association 33 Elk Street, Albany, New York 12224 Page 10 because of a number of reasons, including: • The public employer must pay back the unemployment insurance fund dollar-for-dollar of payments made to the laid off worker. • Lower productivity f r o m layoff anxiety. • Cost of operating the preferred hiring system. The conclusion reached was that planned attrition eliminates many of the extra costs of layoffs while keeping most of the savings of layoffs. These findings demonstrate that government financing is not a simple situation that can be adjusted with simpleton solutions. The best way for a government to cut its costs is not by simply laying off workers. (G.A.) Published every Wednesday by Clarity Publishing, Incv Publication Office. 75 Cliamplain Street. Albany, N Y. 12204 (518) 465-4591 Thomas A. demente—Pubhsher Roger A. Cole—Executive Editor Dr Gerald Alperstein — Associate Editor Oscar D. Barker—Associate Editor Deborah Cassidy-Staff Writer Arden D. Lawand—Graphic Design Dennis C. Mullahv-Production Coordinator THE PUeilC SECTOR, W e d n e s d a y , N o v e m b e r 22, 1978 in our Opinion Union taps its potentir' Sincere congratulations to all those CSEA m e m b e r s and staff who combined their efforts to help save approximately 200 jobs in Westchester County (see pages 6 and 7). The combined e f f o r t s by the Westchester County Unit of CSEA Local 860, by CSEA Region III, by CSEA in Albany and by AFSCME in Washington, D.C., reduced a proposed layoff of more than 200 CSEA m e m b e r s in 1979 to between 30 and 40 employees. The individuals who met with the county, researched the county's budget and/or helped counsel laidoff employees, demonstrated the great strength of CSEA. The union has tremendous, unharnessed potential. The situation in Westchester is just an example of that potential. (G.A.) The Public Sector is published every Wednesday except January 3, July 4, August 8 and November 28,1979, for $5.00 by t h e C i v i l S e r v i c e E m p l o y e e s Association, 33 Elk Street, Albany, New York, 12224. Second Class Postage paid at Post Office, Albany, IVew York. Send address changes to The Public Sector, 33 Elk street, Albanv, New York 12224. Publication office, 75 Champlain Street, Albany, New York, 12204. Single copy Price 25 . School employees set 1979 goals 0 -CSEA COORDINATOR FOR SCHOOL DISTRICT AFFAIRS Arne Wipfler, who told t h o s e in a t t e n d a n c e t h a t "contracting out is a tremendous problem, t h a t ' s getting worse day by d a y . " ( D - M A R Y M. BROUTY of the Watertown City School system asks a question about the status of unemployment benefits for non-instructional school employees. (D-CSEA FIELD REP THOMAS D U P E E m a k e s a point during Watertown workshop earlier this month. ( D - C S E A CENTRAL REGION P R E S I D E N T JAMES MOORE addressed those attending the workshop, and told the participants that non-instructional school district employees a r e i m p o r t a n t people p e r f o r m i n g important duties. (D-HUGH E. CRAPSER, chairman of CSEA's statewide non-teaching school employees committee. WATERTOWN - The CSEA statewide nonteaching school employees' committee has t a r g e t e d the agency shop, u n e m p l o y m e n t benefits for part-time non-instructional employees and equity for public employees as legislative priorities in 1979. The priority list — which now goes to the statewide political action committee — was announced in Watertown at a workshop held on December 2. Other priorities singled out by the c o m m i t t e e include revisions in the state's Taylor law, and a resolution in 1979 of the issues of state aid for school districts, and more specifically, aid for the small city districts. Arne Wipfler, the CSEA's coordinator for school district affairs, said the issue of equity encompasses two other m a t t e r s targeted by the committee, protection f r o m the contracting out of busing and of cafeteria services. Ms. Wipfler called contracting out " a tremendous problem, that's getting worse day by d a y . " Most of the workshop dealt with the unemployment question and agency shop. It was attended by over 40 union m e m b e r s from J e f f e r son, St. Lawrence and Oswego counties. The Jefferson, St. Lawrence and Oswego noninstructional workers present unanimously went on record as supporting legislation making agency shop mandatory for all employees in all of the state's political subdivisions and school districts. Wipfler also said the full Public Employment Relations Board ( P E R B ) cannot be expected to act on a request to overturn a hearing officer's ruling on u n e m p l o y m e n t until the end of January. On N o v e m b e r 22, P E R B h e a r i n g o f f i c e r Robert J . Miller ruled against the CSEA and a n o t h e r union, in a c a s e involving notiinstructional employees in three school districts. CSEA charged the districts had violated the Taylor Haw by giving the employees notices of continuing employment, effectively blocking the employees from drawing unemployment benefits. CSEA contends that a notice of continued employment, be it written or oral, does not constitute a contract. Wipfler warned the group that districts a r e using letters of continued employment to "circ u m v e n t " the law. She also predicted that several union test cases now pending before the state's unemployment appeals board will be appealed to the courts, regardless of who wins. Wipfler also had some harsh words for school districts on the topic of agency shop, contending school districts "want to prevent you f r o m having an agency shop because they a r e fearful of the growing effectiveness of the union and believe stopping agency shop will lessen your growth and strength." Committee chairman Hugh E. Crapser added that many school board m e m b e r s a r e opposed to agency shop, because they don't want to be seen a s " a i d i n g and a b e t t i n g " public e m p l o y e e unions. THE PUBLIC SECTOR, Wednesday,N o v e m b e r29, 1978 Page 11 CSEA scores victory in Westchester layoffs fight For the past several weeks Westchester County has been a battleground of sorts, pitting the Civil Service Employees Assn. against the county over a proposed 1979 budget that would have required laying off 192 people immediately and more later. The victory here is shaping up as decisive, but not absolute, in favor of the union and its employees. These articles and photos illustrate the current activities in the continuing battle. WHITE PLAINS - Efforts by the Civil Service Employees Assn. to lessen the impact of scheduled layoffs of Westchester County employees caused by purported budget considerations have resulted in a lowering of the anticipated number of layoffs to between 30 and 40 as of this time. The 30 to 40 figures is considerably below the number of layoffs originally proposed in County Executive Alfred D e l B e l l o ' s proposed 1979 budget, which projected 192 layoffs as of January 1 and an undetermined additional number of layoffs later in the year. According to Raymond J. O'Connor, president of the Westchester County Unit of CSEA Local 860, the county has opened 35 vacant job titles during almost continuous discussions with the union over ways to reduce the impact. Thus, he said, while the county is officially laying off 62 employees, as many as possible will be fitted into the 35 positions being opened up. The county Personnel Department interviewed those scheduled to be laid off between December 11 and 14 to see how many could qualify for the vacant spots. O'Connor said he expects about 25 of the vacant lines to be filled, based on the qualifications of the laid-off employees. At the interviews, the employees were a c c o m p a n i e d by O'Connor, Chief Shop Steward Carmine DiBatt i s t a . R e g i o n III s t a f f e r B r u c e Wyngard or the head shop steward from the employee's department. To prepare the employees for the m e e t i n g s with the P e r s o n n e l Department, the 62 were urged to attend a counseling session on Dec. 6. (See related story) About 50 of the employees showed up. and they w e r e instructed on p r e p a r i n g r e s u m e s and t h e i r qualifications were matched to the vacant lines, O'Connor said. The restoration of the positions in the 1979 proposed budget came about after a number of meetings by the Union with DelBello and his key staffers and by Union appearances at budget hearings of the county Board of Legislators. Those representing the county unit at the meetings with the executive branch w e r e O'Connor; Battista; Wyngard; and Ron Mazzola and Manny Vitale, CSEA staff. O'Connor c r e d i t e d the new cooperation by the executive branch and the board to the political strength e x h i b i t e d by L o c a l 860 in t h e November election. "We hope we delivered the message that we are politically active," O'Connor said. In that election, the local heavily supported a victorious Assembly candidate who defeated a DelBellobacked candidate. O'Connor also reported that the executive branch backed off its plan for additional layoffs later in 1979 from not funding all of the contracted pay raise. He said the county expects attrition and funds for vacant job lines to make up the difference. In addition to the 30 to 40 layoffs,' the 1979 budget also will abolish 375 job lines, he said. A key f a c t o r in the m e e t i n g s between the union and the executive branch was information on the budget supplied by the research departments of CSEA and of AFSCME. Their analyses revealed additional funds available to the county. LAYOFF THREATS CREATE TENSION, and CSEA Southern Region President James Lennon, right, and Tom Kelly of the parks department, are engaged in a heated discussion over the situation. Page 6 THE PUBLIC SECTOR, Wednesday, December 20, 1978 Threatened employees assisted by CSEA WHITE PLAINS While talks between the Civil Service Employees Association and Westchester County have yielded impressive reductions in the n u m b e r of county w o r k e r s originally slated for layoff, those Westchester County Unit members of CSEA Local 860 who did receive "pink slips" last week participated in a unique workshop designed to inform them of their rights and assist them in their search for reemployment. COUNSELING EMPLOYEES on their contractual rights, CSEA Field Representative Ron Mazzola, right, discusses the layoff situation in Westchester County with Bob Turner, Iqwer left; Donald Hunt, standing, and John Nyahaig. SHOP STEWARD DON BALLOU, right, of the county parks department, and Vince Allison, also of parks department, discuss the proposed 1979 county budget calling for layoffs of some employees. The parks department is among the hardest hit. SOCIAL SERVICES would be hardest hit of county departments under the county's projected layoff schedule. Ray O'Connor, center. President of Westchester County CSEA Unit, d i s c u s s e s the situation with department employees. At left is CSEA Field Representative Laura Woolis, and Bill Smith is at right. The sessions were held for some 60 county employees at the Westchester L o c a l 860 o f f i c e a n d C S E A ' s Westchester Satellite Office, both in White Plains. CSEA staff, led by Thomas J. Luposello, Field Director for the CSEA Southern R e g i o n , apprised the workers of their contractual rights in regard to bumping, retreating and transferring to vacancies as well as provisions of Civil Service Law as it might apply to their situation. CSEA officers and shop stewards, including Unit President Raymond J. O'Connor, CSEA Local 860 President Raymond G. Cassidy, and Regional President James J. Lennon, helped to instruct the workers on w r i t i n g job r e s u m e s for reemployment, and advised them of social services programs (unemployment insurance, Comprehensive E m p l o y m e n t and Training Act) available to them. Continuous pressure by CSEA also led the County to open 67 vacancies for which employees would be eligible and an additional 35 openings where eligibility is as yet undetermined. The County is also scheduling interviews wi{.h laid off workers to assist in their reemployment and make possible "matches" between the applicant and the existing vacancy. CSEA union representatives are present at each interview between the County and its employee. "It's one of the many ways CSEA is saying to these workers. 'We're with y o u ' , " s a i d J a m e s J. L e n n o n , Southern Region President. "We fought for their jobs and, though we're not done yet, should anyone have to be laid off, they're now walking with a resume in one hand, their contractual and social services rights in the other, and, for many, heading directly for a CSEA-arranged interview with the County for reemployment. This is a total, maximum effort," Mr. Lennon said. in our Opinion Affiliation JOHN NYAHAIG of the Westchester County parks department speaks out during meeting held by CSEA to inform members of latest developments and offer special counseling services. CHIEF STEWARD CARMINE DEBATTISTA gestures to make a point during a recent meeting of Westchester County CSEA unit members. helped Thanks in part to efforts in Albany and in Washington, the impact of scheduled layoffs in Westchester County is considerably less than it was just a few days ago. When members ask what benefits d e r i v e from a f f i l i a t i o n with AFSCME, the Westchester situation is just one of many examples that occur without fanfare. Only one month ago, the unit was facing the possibility of more than 200 layoffs in 1979. Today that number is approximately 35. Part of the reason for an 85 percent reduction in the number of layoffs by Westchester County is the assistance given the unit by AFSCME's research department. Both AFSCME's researchers and CSEA's researchers studied the proposed Westchester budget and found discrepencies in estimated expenditures and revenues and uncovered poor accounting practices. From what we have seen in a number of important areas and situations, Westchester County being but one of them, CSEA members are receiving, directly, a wealth of benefits since CSEA expanded its horizon through affiliation. THE PUBLIC SECTOR, Wednesday, December 20, 1978 Page 7 Board ballots mailed Part of the A biweekly column for and about the thousands of non-instructional e m p l o y e e s of school d i s t r i c t s t h r o u g h o u t N e w York S t a t e represented by the Civil Service Employees Association. Comments and/or questions concerning noninstructional school district employees should be directed to Ms. Arne Wipfler, Coordinator of School Affairs, CSEA, 33 Elk Street, Albany, New York 12224. At a recent gathering of noninstructional employees the guest speaker related to the audience his e x p e r i e n c e s as a grade school student. One story went something like this: "I was a rotten little kid. I remember being thrown out of class on several occasions. One time while I was spending time admiring the concrete and cinderblock construction of the school, the principal approached me. "Knowing I would be chastised for being naughty again, I quickly pulled out my hanky and started to clean a nearby door window. 'Could I pass myself off as a custodial helper?' was my only thought. "Needless to say, the ploy to avoid punishment failed and I was marched to the main office. After sitting in the office for what seemed like an eternity, the truth of who wheel runs the school popped into my head. It was the school secretary who kept a watchful eye over the problem children like myself." The message from the speaker was clearly defined. The noninstructional employee is an integral part of the educational community. Parents rely on you to deliver their children safely to the school. They know their children will be in clean surroundings. Teachers rely on you to provide them with the extras: dealing on an individual basis with the child experiencing difficulty in math; cleaning up the spilled paint of an o v e r l y z e a l o u s group of f i r s t graders. Principals rely on you to ready the auditorium for an evening conc e r t ; p r e p a r i n g l u n c h e s on schedule. And, of course, the children know you are their friend. How many children have said to their parents, "I want to be like Mr. Smith when I grow up. He sweeps the floor and runs the school."? Each and every non-instructional employee provides an important service to the school community. Remember: your importance must be felt by you. You are a part of the wheel. ALBANY — Ballots have been ^ mailed out to all CSEA members of i public corporations locals, for voting to fill the vacant seat on the union's Board of D i r e c t o r s representing public corporations employees. The deadline for return of the ballots is Jan. 6, 1979 at 6 p.m. Any CSEA member who does not receive a ballot, or who misplaces it, can obtain a r e p l a c e m e n t by calling Kathy Barnes at CSEA headquarters, (518) 434-0191, after Dec. 26. Ballots will be counted on Jan. 8th. The name of Jo Ann Lowe, of the Region III court employees ratify new coalition contract ALBANY — Court employees in e i g h t d i f f e r e n t j u r i s d i c t i o n s in CSEA s Southern Region have ratified a coalition contract with the state's Office of Court Administration. The contract is retroactive from April 1, 1977, extends through April 1, 1980, guaranteeing three incremental raises for the 200 employees involved. The employees who accepted the pact by a vote of 64 to 7, with three void ballots, are employed in courts in the cities of Newburgh, Middletown, Port Jervis, New Rochelle and Poughkeepsie, and in the counties of Orange, Putnam and Dutchess. All of these jurisdictions are within the Ninth Judicial District of the State of New York. Local 010 hits Koch plan CSEA, Fulton reach agreement FULTON — Following a marathon negotiating session lasting more than 18 hours, CSEA and the City of Fulton have reached a two-year contract e f f e c t i v e Jan. 1, 1979 through Dec. 31, 1980. New contract language includes an agency shop clause, increase of $500 over basic salary for salaried employees in 1979, followed by an increase of $700 over basic salary in 1980. Other b e n e H t s include: equitable distribution of overtime, City of Fulton to pay 100% of employee's family cost of h e a l t h i n s u r a n c e and n e w language covering bereavement leave, personal days leave, sick l e a v e , p o s t i n g of nonc o m p e t i t i v e p o s i t i o n s and vacancies. J a c k M i l l e r , CSEA F i e l d Representative, served as chief negotiator for the unit which is part of Local 838, Oswego Coun- NEW YORK CITY - The executive committee of CSEA Local 010 has voted unanimously to "vigorously oppose" passage, if submitted, of a suggested proposal by New York City Mayor Edward Koch dealing with civil service reform. According to Local 010 President Solomon Bendet, the m a y o r ' s proposals included widening the definition of managerial employees to excluded "hundreds of additional workers out of their unions" since managerial employees are excluded from union m e m b e r s h i p . Such workers would be subject to a higher possibility of dismissals, it was noted. Other reform proposals call for employees hired within a 2 year period to have equal seniority and the use of new evaluation procedures in choosing workers for dismissal. Local OlO's executive committee voted unanimously for a resolution to advise CSEA that "when and if Mayor Koch s u b m i t s h i s p r o p o s a l s to t h e legislature CSEA should vigorously oppose its passage." Mechanic exam set Jan. 23, 24 The State Department of Transportation has announced it will hold exams for two continuously open positions during late January and has set January 5 as a cutoff date for interested individuals to submit applications. E x a m s will be held January 23 and 24 in Poughkeepsie for the positions of motor equipment mechanic, a grade 12 position with a salary of $10,024 (exam number 20-568); and maintenance assistant mechanic, grade 8 with a salary of $7,997 (exam number 20-578). Interested persons should immediately complete the standard XDIO application form and forward it to the Civil Service Department. ty. Local 8 5 0 elects new officers NEW YORK STATE ELIGIBLE LIST 1. 2. 3. 4. 5. 6. 7. 8. Attociate Landtcap« Architect (Exam No. 3 6 3 0 0 ) Test Haid Jun« 2 4 , 1 9 7 8 Nagel, Charles J., Pine Plains McCready, Roy V., Clarence LewencJon, John S., Albany McCoy, David P., Poughkeepsie Edwards, R. K., Point Jefferson St Lewthwaite, G. W., Voorheesville Vroomon, Jan B., Castile Maciejak, Daniel, Brooklyn Page 10 88.5 87.7 86.9 84.5 83.0 80.1 79.3 71.8 WATERLOO - Members of Seneca County Local No. 850 of the Civil Service Employees Assn. have elected new officers to represent the 250 County employees. Following the election. Jack Miller, CSEA Field Representative, swore in the following new officers: Rino Piagentini, Seneca County Highway Department, President; Merlin Brignall, Seneca County Sheriffs' Department, 1st Vice-President; Sharon Irland, Skoi-Yase School, Corresponding Secretary; Joan Swarthout, Motor Vehicle Bureau, Treasurer; Brian Dombrowski, Health Department, Representative. THE PUeilC SECTOR, Wednesday, N o v e m b e r 22, 1978 union's Teachers' Retirement System Local, has been placed in nomination for the position. Ms. Lowe, of Albany, has served several times as proxy for Richard Helmes, the board member who has vacated the public corporations seat because of a transfer to another department. Although Ms. Lowe's name will be the only one to appear on the ballot, a space will be provided for write-in candidates. The election is being conducted by the CSEA Special Election Procedures Committee. The financial portions of the contract are retroactive to April 1, 1977, and the time and leave provisions to April 1, 1978, a c c o r d i n g to P a t Monachino, the union's collective bargaining specialist assigned to the court employees. In addition, there is a wage re-opener clause in the pact, allowing talks to begin soon on the 1979-80 salary hike for the employees. Also, the court employees of the city of New Rochelle will receive a 6 percent location-pay differential, with a maximum of $1,020, as a result of the new contract. "I was gratified to see that some 75 percent of the members involved act-ually v o t e d on t h i s c o n t r a c t ratification," Mr. Monachino said. "It shows there was a great interest, as well as overwhelming approval, for this contract." Carol Dubovick, acting president of CSEA's Court Employees Local 332, had strongly urged ratification. False statement on application leads to firing An appeals court has rules that even though a State employee completed his probationary period before it was discovered that he made a false s t a t e m e n t on his e x a m i n a t i o n application, he can still be fired without a hearing. The c a s e involved a f o r m e r employee who contended that since he had acquired permanent status, he had a "constitutionally protected property interest" in the job under the due process clause and, therefore, could not be discharged without a hearing. In a recent decision, the Appellate Division of State Supreme Court rejected his argument. The court unanimously ruled that the New York State Civil Service Department "may terminate employment without a hearing where post-appointment investigation reveals facts which, if known prior to appointment, would have warranted disqualification." The employee was fired following a C i v i l S e r v i c e D e p a r t m e n t investigation concerning his answer to an application question about the reasons for his separation from previous employment. Study shows Layoffs more costly than attrition BUFFALO B a s i n g his conclusions on the October, 1978 report of the Continuity of Employment Committee, Dr. Walter L. Balk told a productivity forum sponsored by the Erie County L e g i s l a t u r e , that "layoffs are a more costly strategy than attrition." D r . B a l k , c h a i r m a n of t h e department of public administration at the State University of New York, at Albany, also suggested that any campaign to increase productivity "has got to be a joint effort, between management and workers," with a stress on maintenance of morale to keep workers until they are retrained for new tasks, if their jobs are found to be no longer as important as previously. He also pointed out that while civil servants are sometimes stigmatized as "unproductive," they are frequently victims of the "system." For instance, he said, "social workers must waste time in defining a juvenile delinquency case and coming up with the appropriate remedy because there are five state laws which govern." The Legislature, Dr. Balk said, could reduce the response time by consolidating the laws and the definitions into one statute so that the workers wouldn't have to go to five laws before they could take action. Dr. Balk said that the Continuity of Employment Committee, headed by Dean Robert B. McKersie of the New York School of Industrial and Labor CSEA backs arthritis telethon NEW YORK CITY - The Civil Service Employees Assn. has announced that, for the fifth consecutive year, it will lend support to the annual Stop A r t h r i t i s telethon of the New York Arthritis Foundation. The telethon will be broadcast on WOR-TV (Channel 9), beginning at 10 p.m. Saturday, February 10 and continue through 6 p.m., Sunday, February 11. CSEA' P r e s i d e n t W i l l i a m L. McGowan has accepted chairmanship of a special VIP Panel to announce contributions from CSEA m e m b e r s during the televised program, and CSEA Long Island Region President Irving Flaumenbaum has again been named coordinator of the union's fund raising e f f o r t in c o n n e c t i o n with the telethon. Both Mr. McGowan and Mr. Flaumenbaum have co-signed a letter being mailed to CSEA's more than 300 Locals and their units calling for statewide supjx)rt of the fund raising effort. Advance gift cards are being sent out to encourage contributions in advance of the telethon to be credited to the union effort. Mssrs. McGowan and Flaumen- baum are also appealing in general to all CSEA members and their families to help support this important telethon effort "to help fight what is truly our Nation's NUMBER ONE Crippling Disease." Proceeds will go to support program s e r v i c e s of the Arthritis Foundation in behalf of 2 million arthritis sufferers, young and old, in our own area as well as many more millions throughout the country. The CSEA has participated in the four previous telethons and as Mr. Flaumenbaum put it, "we intend to once again show everwhelming support in behalf of arthritis sufferers here and everywhere during this fifth annual telethon. We are determined to provide the Arthritis Foundation, the only organization dedicated to finding a cause and cure for this disease, with the m e a n s for c a r r y i n g on their programs of research and patient services." They stressed also the tremendous impact that crippling arthritis brings to bear on the worker and his family. "Arthritis is not just a minor ache or pain, it is a serious and devastating problem that has reached epidemic proportions in our country and we must continue to do whatever we can to help eradicate it.""' Early scheduling indicates that entertainers from Broadway, WATCH fHE SATURDAYHI6HT Hollywood and Las Vegas will take part in this star-studded telecast. CSEA leaders from across the state will also appear on the telecast to acknowledge support g e n e r a t e d by the CSEA pretelethon arthritis campaign. Relations at Cornell University found that layoffs are about 20% more costly than attrition. In the committee's conservative calculations were, he said, such factors as unemployment insurance charge-backs, insecurity-induced quitting of valuable employees, the lower productivity which a c c o m panies layoff anxiety, lost state revenues, the cost of operating the preferred hiring system and many more items not calculated because of the statistical methods used. First, he said, there is the obvious cost that public employers must pay the total cost of unemployment insurance payments since the public employer must reimburse the unemployment insurance fund dollar for dollar payments made to the laid off worker. Private employers, on the other hand, he explained, prepay their share of unemployment insurance by a certain percentage of their payroll, depending on prior unemployment insurance claims history. The report, s u m m a r i z e d in a newsletter of the committee which came to the attention of Erie County Legislators Leonard R. Lenihan, (D) Tonawanda and Joan K. Bozer, (R) Buffalo, prompted the form for the legislature which may be forced to reduce spending levels following the adoption of new tax limits in the November elections. Dr. Balk called the attention of the legislators to the conclusion, "planned attrition programs represent one way of eliminating many of the costs of (the) side effects, while maintaining most of the savings of the layoffs." Also in attendance at the forum were John P. Eiss, President of Erie County Local No. 815, Steve Caruana its Medical Center Unit President and CSEA Western Regional President, Robert L. Lattimer, a member of the Continuity of E m p l o y m e n t Committee, which was formed following the lay-offs in recent years. Civil Service Department turns dov\^n suggestion ALBANY - The State Department of Civil Service, which was recently highly criticized for its handling of civil service examination situations, has turned down a detailed suggestion from a public employee which may have within it the seeds of a workable r e v a m p i n g of c i v i l s e r v i c e examination situations which could result in the State saving money and time in administering civil service examinations. Teresa M. Nenni is a stenographer in the Department of Transportation, R e g i o n 1 D e s i g n at 84 Holland Avenue, Albany. Recently she had an unfortunate experience in taking a series of civil service examinations in conditions which were far from ideal. Based on her personal experience and her desire to contribute a worthwhile idea to help with the needed solution to the problem, she developed a sixpoint suggestion to improve the civil service examination procedure which i n c l u d e d t h e p r e p a c k a g i n g of materials needed for each of the various examination candidates. Her idea contained the following points. First,_when the Civil Service Department receives an application for an examination or a series of related examinations to be given on the same day at the same location it should then replace an examination folder with all required materials for the applicant. This would eliminate unnecessary last minute shortages of essential materials, tests, answer sheets, finger print cards, and scrap paper which seems to plague the present system. This pre-packaged folder could then be sealed and serve as a roster of scheduled candidates. Secondly, the employee suggested that the outside of the folder be designed so that it could contain the general examination instructions, the candidates name and established identification number and a series of signature and time lines which would allow the proctor to identify the individual candidate, the candidate to verify the contents of the sealed folder and the completion of the examination. Nenni pointed out in her suggestion that if implemented this idea could save time, cut the number of proctors needed for an examination, and save the State money by stopping the number of objections to an examination which seem to arise following the administration of examinations under the present procedures. H o w e v e r , the D e p a r t m e n t ' s Suggestion Committee has reviewed the employee suggestion and has rejected it as not being realistic, especially for the large amount of work it would take to prepare such exam packages and the cost that would result. After reviewing the. suggestion made by the employee and the answer from the Department of Civil Service, the Civil Service Employees A s s n . s e e s no r e a s o n w h y the Department should ever object in the future to CSEA requests that an examination be re-run since apparently it costs little for management to do a haphazard job. John D. Corcoran, Jr. CSEA Capital Region Director indicated some disbelief in the attitude of the Civil Service Department towards an idea which reflects the concern of public workers to see that the Department of Civil Service functions in an effec-. tive, efficient manner in tlie area of examination administration. Corcoran c o m m e n t e d "State Regent examinations go off like clock work, numerous scholarship and competitive achievement tests are also run s m o o t h l y b e c a u s e of b a s i c preplanning by the a p p r o p r i a t e m a n a g e m e n t level. Civil Service should review its procedures in light of this suggestion and see if it could be of use and value. Mistakes are costly in both the long and short run. Suggestions to improve such mistake^ riddled procedures should not just be evaluated on paper, but possibly by use in an actual testing situation. Then the evaluation will be valid." THE PUBLIC SECTOR, Wednesday, December 20, 1978 Page 11 OPEN CONTINUOUS STATE JOB CALENDAR Patricia Robins wins award POUGHKEEPSIE — Patricia Robins, formerly president of the Dutchess County Unit of the Civil Service Employees Assn., has been presented an Award of Merit for her dedication and service to the Dutchess County Unit. Ms. Robins, who resigned her position because of a promotion, is shown receiving the Award of Merit from CSEA Southern Region President J a m e s J. Lennon. Looking on, right, is Regional Director Thomas J. Luposello. The special award was given at a dinner held in honor of Ms. Robins by members of the Dutchess County CSEA Local and Unit. More problems reported to Civil Service Commission NEW YORK CITY Problems with scheduled Civil Service exams continue to mount. One of the latest, involving an examination for senior stenographer given at Julia Richman High School in Manhattan, causedmore than 50 angry employees of the Downstate Medical Center to write a formal letter of protest to Civil Service C o m m i s s i o n ^ Victor Bahou. The e m p l o y e ^ protested what they termed "the d ^ j j r a b l e conditions" to which they ^y^e^ subjected. In their l e t t e t f ä dopy of which was sent to Gov. Carey, the employees' charge they were testructed to appear for the test at 9 ^ . m . , but that some of them had to wait till noon, some till 1 p.m. for the arrival of dictating equipment used in the test. The employees also complained of confusion among proctors regarding instructions and the poor quality of the testing equipment. The Downstate employees call their treatment at the test "a perfect example of Civil Service's lack of unders t a n d i n g of e m p l o y e e s ' h u m a n rights" and said they were treated like "a herd of sheep rather than qualified, experienced and responsible adults". The shabby treatment, protested the e m p l o y e e s , caused "much anxiety and tension" which affected their performance in the test. STATE OPEN COMPETITIVE JOB CALENDAR .The f o l l o w i n g jobs ore open. Requirements vary. Apply with the state Civil Service Department, 2 W o r l d Trade Center, M a n h a t t a n ; State Office Building Campus, Albany, or 1 West Genesee St., Buffolo. FILING ENDS JANUARY 2, 1979 rpijlg Principal Account - Audit Clerk (NYC Area Only) Campus Security Specialist Medical Laboratory Technician 11 Laboratory Technicians 11 Bacteriology and Microbiology Biochemistry Biology Biophysics Chemistry Food Chemistry Nucleonics Physiology Sanitary Bacteriology Assistant Sanitary Engineer (Design) Principal Rail Transportation Specialist Assistant Railroad Engineer Senior Railroad Engineer Associate Rail Transportation Specialist Coordinator of Substance Abuse Federal Relations F?rm Manager FILING ENDS JANUARY 22, 1979 Coordinator of Uniform Reporting and Accounting Systems Salary Exam No. $11,450 No. 20-935 $13,511 No. 20-937 $10,024 No. 24-880 $10,024 $10,024 $10,024 $10.024 $10,024 $10,024 $10,024 $10,024 $10,024 $14,850 $27,842 $14,850 $18,301 $22,623 $26,420 $11.904 No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. 24-881 24-882 24-883 24-884 24-885 24-886 24-887 24-888 24-889 24-890 27-834 27-848 24-849 27-851 80-020 80-028 $25,295 No. 27-835 You con also contact your local Manpower Services Office for examination information. Page 10 THE PUBLIC SECTOR, Wednesday, December 20, 1978 Title Pharmacist (salary varies with location) Assistant Sanitary Engineer Senior Sanitary Engineer Clinical Physician I Clinical Physician II Assistant Clinical Physician Attorney Assistant Attorney Attorney Trainee Junior Engineer (Bachelor's Degree) Junior Engineer (Master's Degree) Dental Hygienist Licensed Practical Nurse Nutrition Services Consultant Stationary Engineer Senior Stationary Engineer Occupational Therapy Assistant I Occupational Therapy Assistant I (Spanish Speaking) Vocational Rehabilitation Counselor Vocational Rehabilitation Counselor Trainee Medical Record Technician Histolo^ Technician Professional Positions in Auditing and Accounting Computer Programmer Computer Programmer (Scientific) Senior Programmer Senior Computer Programmer (Scientific) Mobility Instructor Instructor of the Blind ' Health Services Nurse (salary varies with location) Senior Heating and Ventilating Engineer Senior Sanitary Engineer (Design) Senior Building Electrical Engineer Senior Building Structural Engineer Senior Mechanical Construction Engineer Senior Plumbing Engineer Assistant Stationary Engineer Electroencephalograph Technician Radiologic Technologist (salary varies with location) Medical Record Administrator Food Service Worker Mental Hygiene Therapy Aide Trainee Mental Hygiene Therapy Aide Trainee (Spanish Speaking) Associate Actuary (Casualty) Principal Actuary (Casualty) Supervising Actuary (Casualty) AssisUnt Actuary Nurse I Nurse II Nurse II (Psychiatric) Nurse II (Rehabilitation) Medical Specialist II Medical Specialist I Psychiatrist I Psychiatrist II Social Services Management Trainee Social Services Management Specialist Social Services Management Trainee (Spanish Speaking) Social Services Management Specialist (Spanish Speaking) Industrial Training Supervisor (salary varies depending on specialty) Physical Therapist Physical Therapist (Spanish Speaking) Senior Physical Therapist Senior Physical Therapist (Spanish Speaking) Speech Pathologist Audiologist Assistant Speech Pathologist Assistant Audiologist Dietician Trainee Dietician Supervising Dietician Stenographer Typist Senior Occupational Therapist Senior Occupational Therapist (Spanish Speaking) Occupational Therapist Occupational Therapist (Spanish Speaking) Salary Exam No. $14,388-$15,562 20-129 $16,040 20-122 $18,301 20-123 $27,942 20-118 $31,055 20-119 $25,161 20-117 $14,850 20-113 $12,397 20-113 $11,723 20-113 $12,890 20-109 $13,876 20-109 $8,950 $8,051 $13,404 $10,042 $11,250 $9,029 $9,029 20-107 20-106 20-139 20-100 20-101 20-174 20-174 $14,142 $11,983 $9,481 $8,051 $11,250 $11,250 $11,250 $14,075 $14,075 $11,904 $11,250 $11,250-$12,025 20-140 20-140 20-143 20-170 20-200 20-220 20-222 20-221 20-223 20-224 20-225 20-226 $18,301 $18,301 $18,301 $18,301 $18,301 $18,301 $7,616 $7,616 $8,454-$10,369 20-227 20-228 20-229 20-230 20-231 20-232 20-303 20-308 20-334 $11,904 $6,148 $7,204 $7,204 20-348 20-352 20-394 20-394 : $18,369 20416 $22,364 20-417 $26,516 20-418 $10,714 20-556 $10,624 20-584 $11^904'- <20-585 $11,904 20-586 $11,904 20-587 $33,705 20-840 $27,942 20-841 $27,942 20-842 $33,705 20-843 $10,824 20-875 $11,450 20-875 $10,824' ^0-876 $11,450 20-876 $10,624-$12,583 20-877 $11,337 $11,337 $12,670 $12,670 $12,670 $12,670 $11,337 $11,337 $10,118 $10,714 $12,670 $6,650 $6,071 $12,670 $12,670 20-880 20-880 20-881 20-881 20-883 20-882 20-884 20-885 20-888 20-887 20-886 20-890 20-891 20-894 20-894 $11,337 20-895 $11,337 20-895 You may contact the following offices of the New York State Department of Civil Service for announcements, applications, and other details concerning examinations for the positions listed above. State Office Building Campus, First Floor, Building I, Albany, New York 12239 (518) 457-6216. 2 W o r l d Trade Center, 55th Floor, New York City 10047 (212) 488-4248. Suite 750, Genesee Building, West Genesee Street, Buffalo, New York 14202 (716) 842-4260. Legal assistance protects you EDITOR'S NOTE: As this article on C S E A ' s L e g a l A s s i s t a n c e Program was going to press, the major settlement involving the union and the State Department of Transportation, which appears on page one of this issue, was announced. That legal proceeding, interestingly enough, was handled by the union's law firm of Roemer and Featherstonhaugh under the Legal Assistance Program. Every penny awarded under the settlement goes to the affected employees; there is no d i m i n i s h i n g of the a w a r d amount for legal services, which would be the case if private attorney were involved. In a followup article, "The Public Sector" will d i s c u s s the L e g a l A s s i s t a n c e Program in greater detail through i n t e r v i e w s with t h o s e p e o p l e closest to the administration of the massive membership assistance program. ALBANY — Despite its better than 80% success rate in thwarting efforts by the State of New York to terminate CSEA members involved in disciplinary actions, the union's massive Legal Assistance Program remains one of its least known services. L a s t y e a r a l o n e , the L e g a l Assistance Program averaged a better than eight out of ten success rate in preventing the state form firing employees that it accused of wrongdoing. Think about those numbers for a moment. The state proposed firing about 200 state workers, but could only impose that penalty on 37. While this type of activity is only one of the many functions of the Program, it is the clearest example in the complex world of labor relations as to how a union can effectively protect its members. In d i s c i p l i n a r y p r o c e e d i n g s , grievätnce arbitration or appeals matters, and in litigation revolving around law, contract doctrine and r u l i n g s by the s t a t e ' s P u b l i c Employment Relations Board, the Program is working every day to make justice in the working place a r e a l i t y for public e m p l o y e e s employed by the State of New York or its political subdivisions and represented by CSEA. Last year alone more than $1.5 million was spent by CSEA on Legal A s s i s t a n c e for public e m p l o y e e s represented by the state's largest public employee union. Through a complex formula of direct assistance from the unions statewide headquarters and shared grants with its Locals, the Legal Assistance Program is frequently all that stands between justice and the wrongful destruction of a working man or woman's career. During the 1977 calendar year, the State of New York filed 2,559 n o t i c e s of d i s c i p l i n e a g a i n s t employees represented by CSEA. While most of these disciplinary actions involved relatively minor infractions and are settled in the early stages of the disciplinary proceedings established by CSEA's contracts with the state, more than 500 e n d e d up in a r b i t r a t i o n proceedings. Still more fights occurred in the political subdivisions. The cost of fighting these actions is enormous, but there is no practical alternative. There are, of course, cases where a disciplinary action is justified, but there are also many cases where no discipline is justified. In order to protect employees both directly and indirectly involved in such proceedings, the union created its L e g a l A s s i s t a n c e P r o g r a m to oversee the complex areas of disciplinary and grievance proceedings as well as to fund related court action and P E R B proceedings where necessary. t o the thousands of public employees faced with a disciplinary charge, the need and Value of the Program is obvious. But to the many thousands more who are fortunate enough never to face such proceedings, the need is still very real. The need for the L e g a l Assistance Program is similar to the need for a police force. While it certainly serves » real value in handling wrongdoings which do occur, it serves an equally important value as a deterrent to potential wrongdoing. CSEA carefully built up strong contractual protection for the public e m p l o y e e s it represents through y e a r s of n e g o t i a t i o n . Stronger protections for CSEArepresented employees not only in state service but also in political subdivisions is still being won, but the complex procedures involved in these protections still varies from contract to contract. Generally, however, all seek to build upon the protections provided by state laws for public employees and expand those protections to assure real job security and what is increasingly becoming known in the labor movement as the "law of the working place." CSEA's Legal Assistance Program is the vanguard of the union's committment to bringing the "law of the working place" to e v e r y public e m p l o y e e work location in the state. ATTORNEYS FROM CSEA'S LAW FIRM, R O E M E R A N D F E A T H E R STONHAUGH, are constantly involved in various phases of legal proceedings on behalf of union m e m b e r s under the L e g a l A s s i s t a n c e P r o g r a m s . Atty. J a m e s R o e m e r , second from left, goes over legal matters with s o m e of the firm's lawyers. Attorneys shown are Marge Karowe, Richard Burstein, Stepnen Wiley and Michael Smith. TONY CAMPIONE is Administrator of Legal A s s i s t a n c e P r o g r a m s for the Civil Service E m p l o y e e s Assn. He is located at CSEA Headquarters, 33 Elk Street, Albany and spends full t i m e on the m a s s i v e legal a s s i s t a n c e programs. THE PUBLIC SECTOR, Wednesday, December 20, 1978 Page 11 AFSCME holds leadership panel in Region VI BATAVIA - The first in what will be a series of Leadership Training seminars conducted for Civil Service E m p l o y e e s Assn. l e a d e r s by t h e t r a i n i n g and education staff of AFSCME was held recently here. Local CSEA officers, stewards, grievance chairpersons and other local officers and members from CSEA's Western Region attended the day-long s e s s i o n . CSEA Western Region President Robert Lattimer called the workshop a s u c c e s s f u l venture, and CSEA statewide President Wi41iam L. McGowan, who attended the program, said it was an excellent example of a benefit of the affiliated relationship of CSEA and AFSCME. It is expected that a followup session will be scheduled next spring, according to Mr. Lattimer. AFSCME Director of Training and Education Dave Williams and several members of his staff out of A F S C M E h e a d q u a r t e r s in Washington conducted the program. CSEA P R E S I D E N T BILL McGOWAN, r i i h t ; Western Region President Robert Lattimer, center, and AFSCME Director of Training and Education D a v e Williams, left, discuss the initial Leadership Training workshop conducted tor CSEA leaders and m e m b e r s by AFSCME. INDIVIDUAL WORKSHOP SESSIONS w e r e conducted throughout the day-long program. Here E v e l y n Rieder of the A F S C M E staff conducts a group s e s s i o n as part of the overall program. (Above) R O C H E S T E R A R E A e m p l o y e e s participating in training session are L. Jean Smith from Rochester P s y c h i a t r i c Center CSEA Local 420, and C h a r l e s F l e t c h e r and F r a n c i s H e a d , both f r o m Department of Transportation Region 4 CSEA Local 506. (Above right) AFSCME S T A F F M E M B E R John Dowlinger is shown conducting one of the many workshop s e s s i o n s held throughout the day. ( B o t t o m R i g h t ) C S E A LOCAL 607 f r o m S U N Y Fredonia w a s represented by Mary Ann Bentham, left, Local President Sara Sievert, center, and Barbara Saletta. Page 10 THE PUBLIC SECTOR, Wednesday, December 20, 1978 JOANNA WILLIAMS actively participates in a workshop session. She is f r o m Monroe County Local 828.