EMPHASIZING THE NECESSITY OF A DUES INCREASE, Howard Cropsey
tells CSEA Region III Local leaders that the union's complex fiscal problems can
be solved with the recommended increase. Seated at left is CSEA Region III
President James Lennon, and at
r i g h t i s CSEA S t a t e w i d e
President William L. McGowan.
irpiufena©
Official Publication of The Civil Service E m p l o y e e s Association
Vol. 1, No. 22
25'
(ISSN 0164 9949)
Delegates get
dues proposal
ALBANY-CSEA's Presidential Advisory Committee
on Dues last week completed its series of informational
meetings with Local Presidents in all of the union's six
Regions.
Committee Chairman Howard Cropsey, members of
the Committee, CSEA President William McGowan and
other union officials met with Local Presidents in Region
3 on February 15 and in Region 4 on February 23.
The meetings complete the informational phase of the
Committee's function with local leadership. On March
12, the Committee will make its presentation on the union's fiscal condition and its proposed solution to the
problem before the CSEA's Statewide Delegates at the
Spring Convention in Albany's Nelson A. Rockefeller
Empire State Mall.
The Committee has stated its position in each of the
Regional meetings that the solution to the union's complex fiscal problems is a new dues structure of one
percent of base salary. This solution, the Committee
found, would generate sufficient revenues to make the
union strong and would base the amount of dues paid on
the ability of the member to pay.
In addition to mounting costs resulting from increased demands for services, inflation and affiliation, the
Committee noted the union faces stagnant revenues as a
result of fixed dues and a static membership. The total
membership in CSEA has remained relatively constant
for some time.
Affiliation provides CSEA with protection from any
raids on its membership from sister AFL-CIO unions, but
CSEA is also precluded from raiding the membership of
other AFL-CIO unions. That restricts the potential for
growth in membership to areas represented by non-AFLCIO unions and groups of public employees who are
presently unrepresented.
A detailed report on the Committee's study of the union's fiscal problems will be presented by the Committee
at the Delegate meeting next month.
Wednesday, February 28, 1979
PS&T dispute in court of last resort
ALBANY - Attorneys for CSEA
will file legal briefs with the state's
highest court next week as the continuing representation dispute for the
state Professional, Scientific and
Technical (PS&T) bargaining unit
moves closer to a final determination.
The New York Court of Appeals will
accept written briefs from the parties
to the dispute next week and hear oral
arguments on March 20. A ruling on
the case could come as early as midApril.
CSEA will ask the court to uphold
än order by the Appellate Division of
State Supreme Court directing the
state Public Employment Relations
Board to conduct a handwriting check
of the showing of interest cards submitted by the Public Employees
Delegates to meet
Albany — Several hundred official delegates from across the State
are expected for CSEA's Special
Delegates Meeting to be held March
11-13 at the R o c k e f e l l e r Plaza
Convention Center here.
According to CSEA E x e c u t i v e
Director Joseph J. Dolan, more than
half of the dozen hotels and motels
r e s e r v i n g r o o m s for d e l e g a t e s
reported they were filled to capacity
prior to the reservation deadline of
Saturday, February 24. Reservations
have been handled completely by the
Albany County Convention and
Visitors Bureau, which established
the February 24 deadline.
F e d e r a t i o n ( P E F ) to f o r c e a
r e p r e s e n t a t i o n e l e c t i o n in the
bargaining unit last April.
A former P E F e m p l o y e e has
testified under oath that he was told
some 5,000 signatures of PS&T
employees were forged by P E F to get
the election held. The Appellate Court
agreed with CSEA that the token investigation of the allegation by PERB
was inadequate. Both PERB and P E F
appealed the decision to the Court of
Appeals in an effort to block the inspection of the cards.
CSEA will also present arguments
in support of its contention, which the
Court of Appeals agreed to hear, that
the state interfered in the election
process by allowing "no-show" state
employees to work against CSEA
while drawing state paychecks.
President William L. McGowan has
already written letters to PS&T
members concerning extension of the
unit's contract pending resolution of
the dispute and resumption of
negotiations. A PS&T negotiating
team of CSEA members was chosen
some time ago, but under the terms of
an injunction extended by the Court of
Appeals, no negotiations can take
place on behalf of PS&T until the dispute is resolved. Extension of contracts with retroactive terms and
conditions has occurred before as the
result of deadlocks in negotiations.
CSEA President William McGowan
directed counsel to move forward
with the latest appeal with all haste.
"The issue here is integrity," Mr.
McGowan said, "and that is yet^to be
resolved. We thought the Appellate
Division's order of an inspection for
forgeries would have resolved the
issue but apparently now P E F doesn't
want this issue resolved. The Court of
Appeals is the last court this dispute
can go to, so I am hopeful that this
dragged out battle will be coming to a
final conclusion in the very near
future."
Nassau talks at Hast ditch' level
MINEOLA - Negotiators for 14,000 public employees of Nassau
County headed into a last-ditch effort this week to settle a contract
following a showdown "legislative
determination" hearing that instead produced a county offer of $5
to $7 million rnore.
Nassau county CSEA Local 830
scheduled to meet with County Executive Francis T. Purcell Monday, February 26.
The county Board of Supervisors,
which had slashed a Purcell budget
proposal to leave a $400 across-the-
board w a g e a d j u s t m e n t and
eliminate 423 public jobs, had been
hammered by a CSEA adverfising and publicity campaign that exposed millions of dollars of fat in
the adopted budget.
The Board unexpectedly opened
a legislative determination hearing
Feb. 15 by announcing that it had
discovered $5 to $7 million in
"unanticipated revenue." The
board, in an unusual move, adjourned the hearing with a virtual
directive to Purcell to resume
negotiations.
The new-found money, it was es-
timated, could double the original
$400 amount budgeted for county
employees.
An $800 across-the-board increase is exactly what had been
recommended by a majority factfinding rep.ort issued earlier. The
report coupled the $800 with 6% for
1980 and 7% for 1981 in a threeyear, 21% package plus fringe
benefits.
Nick Abbatiello, president of
Local 830, has warned the county
that failure to reach a negotiated
settlement would demonstrate the
bankruptcy of the Taylor Law.
President's Message
Due process a fundamental right
In recent months, CSEA has been
highlighting the valuable service it
p r o v i d e s to its m e m b e r s h i p
through the Legal Assistance
Program. This program provides
legal and financial assistance for
the r e p r e s e n t a t i o n of public
employees in CSEA bargaining
units involved in disciplinary
proceedings, grievances, court
cases and matters before the
Public Employment Relations
Board.
Ironically, some members have
questioned the wisdom of CSEA's
funding of such a program since it
benefits, in their view, only a
relatively small group of individuals. Others have criticized
CSEA for representing "obviously
guilty people" who make life
harder for the hundreds of
thousands of dedicated public
employees trying to do an honest
days work. These criticisms concern some rather substantial issues
and I think it is time that these
issues were addressed.
It is a fundamental right of every
American to be presumed innocent
until proven guilty. While that right
is established by the Constitution
and a p p l i e s to
criminal
prosecution, CSEA represented
public employees have a similar
right in disciplinary proceedings
which is established by CSEA's
contracts with public employers
and by the law. This right is
protected by "due process." Simply stated, due process means that
you have a right to your "day in
court" if you are accused of misconduct.
U n f o r t u n a t e l y many public
employees represented by CSEA
have come to take this valuable
right for granted. Their brothers
and sisters in the labor movement
in the private sector might find
that ironic since the protections
against employer abuses for CSEA
represented public employees are
much better than the standard
protections in private industry.
Appreciated or not, due process
is a very real part of the "law of
the working place" where CSEA is
the bargaining agent and that is the
reason for the Legal Assistance
Program. After all, what would be
the point of fighting so hard to
negotiate and legislate on-the-job
rights for public employees unless
t h e r e is a m e c h a n i s m to
aggressively protect those rights?
The point is we consider this
protection so important that we
have made the Program a top
priority of the union. In fact, last
year Legal Assistance was one of
the largest single expenditures of
the union. About ten cents of every
dues dollar went for this purpose.
Certainly the individuals who
directly receive Legal Assistance
under the program benefit. But
perhaps more importantly, the entire bargaining unit benefits when
Legal Assistance protects the
rights of even one fellow employee.
Last year, the State of New York
brought disciplinary charges
against less than two percent of the
workforce in CSEA's four primary
state bargaining units. In many of
those cases, the charges were dismissed totally. In others, proposed
p e n a l t i e s w e r e r e d u c e d or
eliminated by arbitrators who invoked contractual protections
negotiated by CSEA. How many
more employees could have been
disciplined had it not been for an
effective mechanism like the Legal
Assistance Program that stands
between an employer's discretion
and the rights of the workers? The
same principle applies in local
government as well.
The purpose of the L e g a l
Assistance Program is to provide
protection to individuals and
groups of public employees directly involved in an employeeemployer dispute, but in a very
real sense it is also there to act as a
deterrent that limits the number of
such disputes. The Program is not
intended
to t h w a r t
fair
management initiative but rather
William L. McGowan
CSEA President
to ensure that the employer, as
well as the employee, lives by the
terms and conditions of their
relationship as spelled out in
collective bargaining agreements.
CSEA is proud of its record in
defense of the rights of the public
employees it represents through
the Legal Assistance Program.
We're working hard to make your
contract a meaningful framework
for your relationship with your
employer instead of just sitting
back after negotiating a contract
and allowing it to degenerate into a
worthless piece of paper.
In grievances, court cases, and
P E R B m a t t e r s , the Legal
Assistance Program is working
every day for the protection of all
CSEA members. It is one of the
most valuable services any union
can provide for the working men
and women it represents.
Court overrules Westchester County plan
By Jack Murphy
WHITE P L A I N S - A s t a t e
Supreme Court Justice has declared a
planned merger of the Westchester
County Sheriff's Department and the
county's Parkway Police unconstitutional.
Justice George Beisheim Jr. said
the consolidation, which was to go
into effect July 1, would be in
violation of the state constitution
because it would abolish the incumbent sheriff's job in the middle of
his three year term.
The Westchester County Unit of
Civil Service Employees Association
Local 860 mounted the court challenge
to the merger along with three deputy
sheriffs represented by CSEA,
Thomas Spasiano, Robert Cantrell
and Frank Prete.
Ray O'Connor, president of the
W e s t c h e s t e r County Unit said
Tuesday, the day the decision came
down, "We feel this decision vindicates our stand on the merger. We
opposed it prior to the election and we
have opposed it since the election."
Westchester voters last November
approved the merger by a 2 to 1
margin. The plan would have combined both agencies into a Department of
P u b l i c S a f e t y h e a d e d by a
commissioner-sheriff. County Executive Alfred DelBello has said the
current sheriff, Thomas Delaney,
would be the first person named to
head the merged department for a
four year term.
Both O'Connor and the local's chief
shop steward. Carmine DiBattista,
feel that the voters were unaware
Page 2
they were voting on a "bad law."
"They were voting on whether or
not they wanted a merger," said
DiBattista, adding "they were not
voting on what was in the law."
O'Connor added "We have never
been opposed to the concept of a
merger. What we have opposed,
before and after the election, is the
law presented to the voters — it's full
of inequities."
The main areas of concern cited in
the opposition to the merger were the
status of the deputy sheriffs as police
officers, their promotional status in a
m e r g e d d e p a r t m e n t , and their
pension rights.
According to O'Connor, these issues
were not resolved prior to the
November voting and "they must be
resolved before the law is again placed before the public."
Both CSEA officials expressed the
hope that the strongly worded
RAY O'CONNOR.
"We feel
this decision
vindicates
our stand. . .
THE PUBLIC SECTOR, Wednesday, February 28, 1979
decision would lead Westchester.
County to reconsider appealing, but a
spokesman for DelBello said the
county would immediately appeal and
expressed the hope of getting a
decision from the Court of Appeals
before the July 1 merger date.
"We will fight if they appeal," said
DiBattista.
Beisheim, in his 31-page ruling, said
the law p a s s e d by the County
Legislature to enable the merger to
take place "is invalid and unconstitutional" because it abolishes
Delaney's current job.
He directed the county "be permanently restrained and enjoined
from executing, implementing or
proceeding in any manner to put into
e f f e c t the aforesaid void local
law
"
He also ordered the Westchester
County Board of Elections to hold an
election for a sheriff this coming
November.
DiBattista said the problems with
the merger plan "leh our deputy
sheriffs as second class citizens.
"Nobody knew — in a merged body
— who could be transferred in, who
could be promoted or what would
happen to the pensions the deputies
have."
O'Connor pointed out that the
"status" of the men in a merged
department also presented some
potential problems.
"The sheriffs deputies," he said,
"are police officers. The parkway
patrolmen are peace officers. If you
have one from each department in a
car, a situation could arise where
different rules would apply to each
man."
According to DiBattista, "the people approved this merger because
they were told it would save money.
Actually, with so many unanswered
questions, the bottom line could be
that it might have cost a lot more
money."
In an effort to block the referendum
last October the Appellate Division of
State Supreme Court sided with CSEA
and the deputies, but the court of
Appeals allowed the November voting
to take place when they refused to
halt it on a technicality.
About 450 people would be affected
by a merger. CSEA represents 186
deputy sheriffs and also represents
lieutenants, captains and civilian
employees of the Parkway Police, but
not the patrolmen.
CARMINE DIBATTISTA.
"they were not
voting on
what was
in the law. . .
POOLE IS CORTLAND'S LAWMAN
OF THE YEAR Sheriff's
Department Sgt. Keith Poole,
center, president of the Cortland
County P o l i c e O f f i c e r s and Staff
Unit of the CSEA, w a s honored
as 1979 L a w m a n of the Y e a r by
the E x c h a n g e Club of Cortland
at its annual a w a r d d i n n e r .
Shown above with Sgt. P o o l e are
E x c h a n g e Club representative
J i m Murray, left, and Sheriff
Duane Whiteman.
Honor for
leader of
police unit
By S. W. Chapman
CORTLAND - Sgt. Keith Poole,
president of the Cortland County
Police Officers and Staff Unit of the
CSEA and a major force in the
successful effort to win civil service
status for deputy sheriffs here in 1974,
was honored as 1979 Lawman of the
Year by the Exchange Club of
Cortland at its annual dinner •
"Sgt. Poole worked hard to make
Cortland the first county in Central
New York to get civil service status
for deputy sheriffs," Sheriff Duane
Whiteman noted in congratulating
Sgt. Poole on the award.
"The richest reward," Poole said in
a brief acceptance speech, "is to be
honored and recognized by the people
of our own county . . . I've had doubts,
as probably many other law officers
have. I feel awards such as this help
to set aside those doubts."
A m e m b e r of the S h e r i f f ' s
Department here since 1967, Poole
was appointed shift supervisor in 1977
and was promoted to sergeant in 1978.
He is the third member • of the
Sheriff's Department staff to win the
award since the Exchange Club instituted the program in 1971. Previous
winners include Lt. J. W. "Sandy"
Dietrich and Undersheriff (formerly
Capt.) LeRoy Barrows of the Sheriff's
Department, three Cortland city
police officers, two state troopers and
a Homer village police officer.
Long a c t i v e in p r o f e s s i o n a l
organizations, Poole is a member of
the CSEA's Uniform Forces Committee, the International Conference
of P o l i c e and t h e A m e r i c a n
Federation of Police. He is a former
executive vice president of the state
Deputy Sheriffs' Association, former
public relations officer for the Deputy
Sheriffs' Benevolent Association of
Cortland County and a former
organizer for the National Sheriffs'
Association.
Poole also is active in a variety of
community activities including the
Cincinnatus and Truxton Civic Bands,
Truxton Methodist Church and has
assisted with student teaching in the
seventh grade at Homer Central
School.
He resides in Cortland with his
wife, the former Carol Ann Diekow of
Freetown, and their four children,
James. Darryl. Bryan and Kevin.
IP charged in school district negotiations
MAMARONECK
The
Larchmont-Mamaroneck
NonTeaching Unit of the Civil Service
E m p l o y e e s Association's Westchester Local 860 has declared
an impasse in its negotiations with the
B o a r d of E d u c a t i o n of t h e
Mamaroneck Union Free School
District. And it has filed an improper
practice charge against the District
for "failing and refusing to negotiate
in good faith" and suspending a
m e m b e r of the CSEA U n i t ' s
negotiating team.
The impasse in negotiations was
called following several futile
attempts by CSEA to get the School
District to establish "a mutually convenient meeting date" to begin talks
to replace their present contract
which expires on June 30, 1979.
According to CSEA Unit President
Paul Fortuna, the union was informed
by Paul R. McDevitt, Assistant
Superintendent for Administrative
Services of the Mamaroneck Public
Schools that negotiations could not
take place on school board time. The
current CSEA-Mamaroneck School
D i s t r i c t c o n t r a c t c a l l s for
negotiations to occur at "a mutually
convenient meeting date . . . no later
than fifteen days from the date of the
request and scheduled at a mutually
convenient place, time and date". The
contract also states, "Should the parties determine that a negotiation
meeting be held during part of a
school day. Association members
directly engaged in the negotiation
discussions shall be released without
loss of pay from their normal duties".
But, because the five members of
the CSEA negotiating team work
either day or night shifts for the
School District, not all of the personnel are readily available for the
sessions at a reasonable period of
time without utilizing some part of
the school day," Mr. Fortuna explained. "However, the School
District has decided to unilaterally
change the contract provisions which
allow for negotiations during part of
the school day by demanding that our
team meet after hours at 11:30 p.m.
at night.
In a letter sent to McDevitt by
Laura L. Woolis, CSEA F i e l d
Representative, the union expressed
its concern at the late hour suggested
by the School District for negotiations
because "members of the CSEA
negotiating team must rise early and
look after children on school buses
and in school buildings. These
employees will be exhausted from
hours of negotiations and cannot
possibly be at the level of alertness
that is required to care for children.
We will not ask our members to
jeopardize the health and safety and
welfare of the children who attend
school and/or ride a school bus in the
Larchmont Mamaroneck School
District," Ms. Woolis' letter said.
Ronald Mazzola, CSEA Collective
Bargaining Specialist for the Unit's
negotiations, noted that past practice
between the union and the school district had allowed for negotiations during the school day.
One member of the negotiating
team was suspended from his job with
loss of pay for one day for allegedly
reporting to work one hour late.
McDevitt's action in suspending the
employee, according to the CSEA
charge, was a direct result of th^
employee's affiliation with his union's
negotiating team.
"We w e r e a t t e m p t i n g to be
reasonable because we wanted
negotiations to begin. However, when
each request for a meeting is met
with cancellation, resistance and
attempts to unilaterally change our
contract, we determined that it was
necessary to proceed immediately
with legal action.
Olean Schools Unit wins raise
OLEAN
Workers of the Olean schools, represented by CSEA Local
805, Cattauraugus County, will receive 7% wage increases and increments in the first year and 6% increases in each of the other two years
of their new 3-year contract. The union gets agency shop, also, according
to chief negotiator Field Representative Sam Carmen.
"They will also be guaranteed a minimum of three hours pay on
recall and the city will pay a higher share of health benefits and regular
labor management meetings should help to stabilize relations," he said.
On the negotiating team with Unit President Patricia Zandi were
Terry Wiltsie, Frances Chisholm, Frank Tracz, Don Winsor and Kathleen
Cuchiarro.
Lackawanna school workers
in sub-zero contract march
LACKAWANNA - About 100 union
members and their families braved
bitter, below zero weather while they
picketed a Lackawanna School Board
meeting recently in protest of the
board's failure to offer an acceptable
contract to succeed the one which expired last June.
Carrying signs which read "Let's
negotiate. Not dictate;" "No work
below minimum wage," they were led
by Erie Educational Local 868
President Jack Schlenker, Unit
President Robert Tasseff and CSEA
Field Representative Michael G.
Painter.
Following the hour-and-a-half outdoor demonstration in this steel city,
they marched into the meeting room
where they continued their protest in
silence. Buffalo radio, TV and newspapers said that the workers hoped
to " a w a k e n their f r i e n d s and
neighbors in the labor union town."
Having gone through fact-finding,
both sides have begun mediation.
Danny Jinks, Collective Bargaining
Specialist for the union, said, "there
is some progress, however slow."
THE PUBLIC SECTOR, Wednesday, February 28, 1979
Page 3
Need tax help?
Call this number
ALBANY - The S t a t e Tax
Department has again installed a tollfree number for taxpayers who have
questions concerning their New York
State income tax returns.
The toll-free number is 800-342-3116.
It will be available, effective immediately, from 8 a.m. to 5 p.m.,
Monday through Friday, until April
17, 1979.
"This information number," State
Tax Commissioner James H. Tully,
Jr. said, "continues a service begun
last year by the Department's Taxpayer Services Division. By installing
a WATTS line, we have expanded our
facilities for responding to general inquiries and offering direct assistance
in completing tax forms."
It's that time again — income tax
p r e p a r a t i o n t i m e . And a s a
reminder to those people who
itemize deductions, the Civil Service Employees Assn. reminds you
the full amount of union dues paid
during a calendar year are tax
deductible.
How to lobby with your State legislators
At its highly successful Legislative
Seminar conducted earlier this month
in Albany, CSEA leaders, key staff
people, and invited visiting lecturers
all discussed the importance of participating in the legislative process,
Although CSEA retains professional
lobbyists to conduct lobby efforts on
behalf of CSEA supported legislation,
lobbying also is often conducted by
groups of union members with local
legislators.
KEEP CSEA INFORMED ON MAILING AODRESS
In the event that you change your mailing address, please fill out the below form and send
CSEA, Inc., P.O. Box 125, Capitol Station, Albany, New York, 12224.
This form is also available froni local presidents for CSEA members, but is reproduced here
for convenience. It is to be used only by those CSEA members or agency shop payors who
are currently employed as civil service workers or by those retirees who are paying full
active membership dues.
Change of Address for 'The Public Sector'
I
My present label reads exactly as shown here
Name
Local
Number
Street
rity
.Stotn
7ip
Stnt«
Zip
MY NEW ADDRESS IS:
Sfrimt
rity
Agency where
employed
M y social security no.
Agency
—
«Public—
SSECTOR
Official publication of
The Civil Service
Employees Association
33 Elk Street,
Albany, New York 12224
4
Page 4
No.
The following tips, or rules, for lobbying were distributed to those union
people attending the Legislative
Seminar. They should be of intere^,
and benefit, to anyone or any group
with a cause to take before their
legislator.
RULES FOR LOBBYING
L Deal in facts. Never exaggerate
any facts in a case when talking to a
Legislator. However, you should personalize your arguments, if at all
possible, by explaining how ä bill can
p e r s o n a l l y a f f e c t you or your
membership.
2. Develop ideas. Ask yourself what
political value the Legislator can
receive by taking CSEA's position on
a piece of legislation. Don't ever
threaten a Legislator by saying that
his o p i n i o n w i l l c a u s e our
membership to be hostile to him.
Never stay more than ten minutes.
3. Listen to the Legislator's response.
He may have valid arguments on each
point. You may be hearing them for
the first time, so pay attention to
what he is trying to tell you.
4. Present your facts in writing. Use
your Lobbyist's memos and make
sure that you leave the memo with
him when your visit is done.
5. Never argue. You have the position
that you wish to i n f o r m your
Legislator of, don't get into a fight,
Published every Wednesday by Clarity Publishing, Inc.
Publication Office. 75 Champlain Street, Albany, N.Y. 12204 (518) 465-4591
Thomas A. demente—Publisher
Roger A. Cole—Executive Editor
Dr. Gerald Alperstein—Associate Editor
Oscar D. Barker—Associate Editor
Deborah Cassidy—Staff Writer
Dawn LePore—Staff Writer
John L. Murphy—Staff Writer
Liz Carver-Staff Writer
Arden D. La wand—Graphic Design
Dennis C. Mullahy—Production Coordinator
THE PUBLIC SECTOR, W e d n e s d a y ,March7,1979THEPUBLICSECTOR,V^ednesday,March7,1979Page7
you will only clutter his mind with
emotion when you want him listening
and thinking.
6. Choose one spokesperson. Decide
who will be the speaker before you go
to see your Legislator and stick to
that plan. Too many voices can make
an argument completely muddled.
7. Build support for your argument in
the legislative district. Make sure
your Legislator doesn't have to come,
home to face an angry public because
some Albany reporter sent a story to
the local papers about him backing a
bill of ours.
After your visit to your Legislator
and you have presented your case,
don't let him forget it.
L Send a thank-you note. Tell him you
appreciate him spending some time
with you and listening to your
arguments. State very briefly what
you talked about and simply ask that
he consider your side of the issue.
2. Give your Legislator some good
press. Include in your newsletter, a
story about your visit. Send a letter to
the local newspaper. Let Headquarters know of any statements of
support by your Legislator.
3. Mention your v i s i t at local
meetings to your membership. Tell
the people that you were in contact
with your Legislator and explain exactly what happened.
The Public Sector (445010) is published
every Wednesday except January 3, July,
4, August 8 and November 28,1979, for $5
by t h e C i v i l S e r v i c e Enriployees
Association, 33 Elk Street, Albany, New
York, 12224.
Second Class Postage paid at Post Office, Albany, New York.
Send address changes to The Public Sector, 33 Elk Street. Albany, New York
12224.
Publication office. 75 Champlain Street,
Albany, New York. 12204. Single copy
Price 25'.
Bus driver
to receive
recognition
VERA
MICHAELSON,
President of the O.D. Heck
Developmental Center CSEA
Local, stresses the need for
Locals to handle their own
public relations at a meeting
of Local presidents discussing
union problems.
Meeting stresses communication
SARATOGA SPRINGS
Approximately 60 Local presidents
from the Capital Region of the
Civil Service Employees Assn. met
at the Gideon Putnam Hotel in
Saratoga Springs on February 16
and 17 in a relaxed atmosphere
designed to allow the officers to
s p e a k o p e n l y about i n t e r n a l
problems and to propose solutions,
said Region President Joseph
M c D e r m o t t . A l s o p r e s e n t to
address issues was Regional Director John Corcoran, Jr.
^
The presidents felt that better
communications
through
newsletters and bulletin board announcements would help to cut
down on the practice of members
calling the union's Region or Headquarter's offices for assistance
before calling upon Local officers.
"Sometimes matters have to be
handled on these levels, but the established order is to first take
matters to the Local and decide
from there where else to go," said
one president. "Much time, trouble
and money can be saved this way."
Some expressed concern that many
m e m b e r s don't even know the
n a m e s of Local o f f i c e r s and
suggested that names and phone
numbers be published regularly in
newsletters.
Vera Michaelson, president of
the 0 . D. Heck Developmental
C e n t e r L o c a l , c r i t i c i z e d the
procedure of issuing press releases
on Local matters from the Region
o f f i c e s . She s a i d that L o c a l
p r o b l e m s c a n s o m e t i m e s be
presented to the press more ac-
curately by those directly involved.
There is also a need, she maintained, for the Local officials to be
m o r e v i s i b l e to the p u b l i c ,
management and the members
through the p r e s s . Others,
however, cited instances where
Local officials felt bad repercussions as a result of speaking out
publicly and found that the use of
staff affords them professionalism
and protection. It was decided that
the Local and Region should get
together on individual matters and
decide who should meet with the
press.
S e r v i c e s to the Locals w a s
another topic of discussion, which
the presidents decided could be improved by more staff and better
training of elected officers by the
Region. It was brought out that in
some cases the members and officers think that the staff is not doing enough work, while others feel
that their staff representatives are
overburdened. Local presidents
could do a better job, some said, if
they were given a leave of absence
from their regular jobs and paid by
the union. "These issues are not being a d d r e s s e d , " c o m m e n t e d
McDermott, "because they are not
being enforced politically." He encouraged the okicers to take this
route.
The group concurred that Local
officials who disagree with established union policy pose a threat
to the union by speaking their
views publicly. They concluded
that not everyone could agree on
all issues, but when dissension oc-
curs nothing is gained by going outside to the press. It is best to try to
effect change within, the majority
agreed.
Some complained that Local
presidents often find themselves
doing the work of other officers in
the Locals, that there is a lack of
support from units and committees
for Local programs and some
Locals have too much autonomy. It
was generally decided that assigning specific duties to officers and
groups or electing new ones could
help these situations.
Timothy Drew, president of
Higher Education Local, expressed
concern that CSEA lacks specific
written guidelines on such items as
the method of obtaining legal
assistance, uniform training, insurance programs, negotiation
p r o c e d u r e s and c o n v e n t i o n s
organization. He proposed that a
s u g g e s t i o n be m a d e on t h e
Statewide level to have periodical
booklets published containing this
information.
The existence of pressure groups
on a l l l e v e l s of C S E A w a s
suggested as a source of trouble,
but then viewed as the lifeblood of
the union when all agreed that
these groups bring about necessary
and constructive change.
Those in attendance agreed that
"enthusiasm was high" at the
meeting and that it was an effective way to air their differences.
There have been p r e s i d e n t ' s
meetings in the past but they were
conducted in a b u s i n e s s like
manner that hampered discussion.
P r e s i d e n t M c D e r m o t t , also
pleased with the results, said that
more meetings will be held in the
future, with the Region hosting so
that even the small Locals will be
able to attend without financial
worries. He said that some of the
matters would be discussed again
and that others will be brought to
the attention of those who can help
solve them.
CAPITAL REGION PRESIDENT
Joseph McDermott emphasizes a
point during the meeting of the
CSEA Local presidents in Saratoga
on February 16 and 17.
Aun J
Ia Vo^oii c
VALATIE - A member of the
Ichabod Crane School District Unit of
the Civil Service Employees Assn.
has been cited by the Ichabod Crane
School District Board of Accident
Review for his remarkable job of
preventing what could have been a
major school bus disaster.
According to the State Police accident report James Stanley, a thirtyone year old mechanic-bus driver was
driving an Ichabod Crane School Bus
with 11 student passengers on board
south on Route 203 in the Town of
Nassau when a car heading in the opposite direction entered a curve and
skidded to the left across the highway
and directly into the path of the oncoming school bus. Stanley averted a
head on coMision by driving the school
bus to the right side of the road and
into a snowbank. The skidding car
struck the left side of the bus. No injuries were reported.
In this case the Board cited James
Stanley for being "exceptionally alert
and for a fine job of defensive
driving". Transportation Supervisor
William Quinlan said "We owe him a
debt of gratitude".
In recognition of his valor in the
public service the Ichabod Crane
School District Unit of CSEA has
arranged for the presenting of an
award of valor from CSEA Capital
Region President Joseph E. McDermott, to be given to Stanley by the
CSEA unit president Shirley Ponkos.
Putnam Unit
contract has
agency shop
PUTNAM VALLEY - Twenty-five
blue collar workers in the Town of
Putnam Valley have a new two-year
contract with the town providing for
substantial wage benefits.
Both sides have ratified and signed
the contract.
The contract, negotiated by Bill
Willson, unit president, and Ron Mazzola, CSEA collective bargaining
specialist, also provides for an agency
shop and a new overtime provision
m a k i n g S u n d a y s and h o l i d a y s
doubletime days.
The w a g e a g r e e m e n t b r i n g s
laborers from $4.56 per hour currently
to $5.32 with an additional hike to
$5.53 on July 1. In other categories,
drivers advance from $5.28 to $6.18
and to $6.43 on July 1; operators advance from $5.68 to $6.43 to $6.69; and
mechanics now on a $6.06 per hour
rate go to $6.68 and $6.95 on July 1.
The agreement provides that after
Jan. 1, 1980 all the members of the
unit will be on an hourly rate equal to
that of Putnam County employees.
Uniform provision was also made in
the contract. All workers represented
by the unit will be provided with a
pair of steel-tipped safety shoes and
as of Jan. 1, 1980 the town will provide
each worker with five sets of summer
uniforms with jackets and three sets
of winter uniforms with jackets.
THE PUBLIC SECTOR, Wednesday, February 28, 1979
N^yl
bi v'loj ce^
K'i:58
)J3.M-l-7
Page 5
I e-'^l
A solid lesson on l e g i s l a t i o n ,
legislators and the Legislature was
provided the nearly 300 people at
CSEA's Legislative Seminar this
month in Albany. Among the participants were these individuals. Left
to right, CSEA President William L.
McGowan, AFSCME International
President Jerry Wurf, Bernard Ryan,
CSEA L e g i s l a t i v e and P o l i t i c a l
Action Director; CSEA Chief Counsel
J a m e s Roemer; CSEA Atty. and
Chief Lobbyist J a m e s F e a t h e r stonhaugh; CSEA Atty. Pauline
Rogers and CSEA Atty. Richard
Burstein.
CSEA testifies on pension
The public sector differs from the private sector in a number of ways
when it comes to union representation. Not the least of these differences is
that in many instances the only avenue of change open to public employee
unions is through legislation.
This fact of life is recognized by the extensive legislative and political
action program maintained by The Civil Service Employees Assn. in its continuous effort to achieve changes and improvements for public workers
through legislative action.
In this follow up to the extensive coverage in the previous issue of The
Public Sector of CSEA's highly successful Legislative Seminar, we take a look
at how a proposed bill moves through the Legislature on its way to the governor for approval or rejection; discuss how the chairman of the important
Assembly Committee on Public Employees feels about issues of concern to
CSEÄ members; and review testimony by a CSEA lobbyist a few days ago in
getting the union's position across on the security of public employee
retirement systems.
Legislative
CSEA ATTY. STEPHEN WILEY, as he
conducted a seminar workshop on school
district legislation at CSEA's Legislative
Seminar earlier this month. Atty. Wiley,
a CSEA lobbyist, testified before an
Assembly Republican task force that
more union r e p r e s e n t a t i v e s are
necessary for a proposed board of
trustees to oversee public employee
pension funds.
profile
Barbaro to call Taylor Law hearings
By Dr. Gerald Alperstein
ALBANY - "Is the Taylor Law
working?" asks Assemblyman
Frank J. Barbaro, chairman of the
Assembly Committee on Public
Employees during a recent interview with The Public Sector.
"If the Taylor Law brings labor
peace, fine. If it is not working,
maybe we need to change some of its
ingredients. The Taylor Law has not
prevented strikes," he said.
While making it clear that he is
not advocating the right of public
employees to strike, he said he has
an open mind on the subject and
wants to take a close look at the law
which governs the relationship of
public employees and employers in
New York State. The Civil Service
E m p l o y e e s Assn. is s e e k i n g a
number of modifications in the
Taylor Law this Legislative session.
He said he plans to hold hearings
on the Taylor Law in the spring.
Barbaro said he plans to hold
hearings on pension reform and on
the impact of public employee
layoffs also in the spring. These
hearings could lead to legislation
during the next session of the State
Legislature, he said.
He said one aspect of the pension
system investigation will be investments by the fund — what are
the investments and what are the
locations?
^
"It would be outrageous if the
Page 6
ALBANY - A CSEA lobbyist has
t e s t i f i e d that the union is in
agreement with preposals to name a
board of trustees to oversee public
employee pension fund investments,
but the spokesman took strong issue
with the proposed makeup of that
board, and proposed a different composition that would give public
employees greater representation.
CSEA Atty. Stephen J. Wiley
funds were invested in non-union
companies" or in South Africa or
Rhodesia, Barbaro said.
Barbaro said another aspect would
be the control of the investments by
the New York State, Comptroller.
"Should one man have sole power
where to invest?" he asked.
Hearings on public employee
layoffs would look into the cost, both
financial and human, to such layoffs.
He said there have been claims that
the cost of unemployment compen-
sation and social services associated
with layoffs takes away from the
supposed cost savings.
Another aspect would be the incidence of alcoholism, mental disorders and s u i c i d e s c a u s e d by
layoffs.
Barbaro, a Democrat/Liberal
from the Bensonhurst section of
Brooklyn, categorized the majority
of Democrats on his committee as
being in support of public employees
a n d s a i d of t h e
minority
ASSEMBLYMAN FRANK J. BARBARO . . . "If it (Taylor Law) is not working,
maybe we need to change some of its ingredients."
THE PUBLIC SECTOR, Wednesday, February 28, 1979
Republicans: "Some do and some
don't" support public employee
positions.
In t e r m s of l e g i s l a t i o n this
session, Barbaro said he expects
legislation to remove the two-forone penalty of the Taylor Law to
reach the floor of the Assembly. It is
a CSEA bill backed strongly by
public employee unions..
"Whether it passes depends on
whether the mood of the Assembly is
for a punitive philosophy or for an
ordered, good-faith collective
bargaining approach," he said.
He said his committee also would
hold hearings on Tier III of the
retirement system. Tier III expires
this year.
Tier III ties pension benefits to
Social Security benefits. CSEA and
other public employee unions are
lobbying against its continuation.
"I've made no final judgment, but
I believe something is wrong when
one employee can retire at a much
higher rate than another employee
doing the same job because he was
hired one week earlier," Barbaro
said.
He said a key consideration in both
the original passage of Tier III and
its potential elimination is the
ability of the State of New York to
pay for the benefits.
Barbaro, speaking personally,
said he was "100 percent for agency
shop" for all public employees.
How a bill
becomes a law
Assemblyperson gets
ide|o a bill f r o m conStil ts, from special local
f r o m e v i d e n t inne
eq s etc.
In the previous issue of The Public Sector, we reported
CSEA has 26 specific legislative proposals for the 1979
session of the State Legislature.
Obviously, some of CSEA's proposals stand a better
Bill Drafting specialists
w r i t e bill, Assemblyperson
f i l e s i t , a n d it g e t s a
number.
public e m p l o y e e organizations
representing employees in the state
operated pension funds. In addition,
we believe that any investment
decision should require the affirmative vote of at least one of those
three members. While this does not
give employee organizations
"control" or "a veto" over investment decisions, it does insure an
adequately substantial voice for
public employees who are most
directly affected by these decisions.
" . . . We stand willing to work
with all parties in designing a
system which would relieve the sole
trustee of the tremendous pressure
brought to bear by others, and
would, at the same time, guarantee
that pensioners and members of the
Employees' Retirement System and
P o l i c e m e n ' s and F i r e m e n ' s
Retirement System may be assured
of the safety, prudence, and wisdom
of investments."
chance than others to eventually make it to the floor of the
legislative houses for consideration. Getting a bill through
the Legislature is a long, difficult process. Here's how it all
works.
The Committee studies the bill,
h o l d s p u b l i c h e a r i n g s if
necessary, a n d votes on
w h e t h e r it should go to the
floor of the Assembly.
The Speaker Assigns it to a
Committee.
On the Senate floor it is given a
second a n d p o s s i b l y a t h i r d
hearing. Senate then votes on it. If
p a s s e d , it goes b a c k to t h e
Assembly a n d then to the Gover-
Av
t e s t i f i e d before the A s s e m b l y
Minority Special Task Force to
Study the S e c u r i t y of P u b l i c
Employee Retirement Systems.
CSEA annually testifies on scores of
i s s u e s a s part of i t s o v e r a l l
legislative action program. The
following are excerpts from Atty.
Wiley's testimony concerning the
security of public employee pension
funds.
"As I have indicated, CSEA has
enthusiastically endorsed the concept that investments of employee
pension monies should be made by a
board of trustees, rather than by the
comptroller as the sole trustee.
However, the proposed composition
of that board is, we feel, inadequate
to properly reflect public employee
and employee organization interest.
Specifically, we would propose that
the board of trustees be composed of
seven members, at least three of
which should represent the major
Senate Committee studies it. If
approved by the committee it is
reported to the floor of the Senate.
Assembly gives it a second hearing
on the floor, may advance it to third
hearing. Votes on it — if bill passes, it
is sent to Senate.
• Bills received prior to ten days before end of
Legislative Session become l a w if signed or not
vetoed w i t h i n ten days.
Lay\/
/tn^y
dernor
board
WW
• Bills received w i t h i n ten days of end of session
or thereafter must be signed into l a w w i t h i n 30
days of end of Session or they die (Pocket Veto).
If A s s e m b l y
passes bill by
• Governor vetoes bill w h i l e Legislature is still in
Session. Bill goes back to Assembly.
re2/3
If
Senate
repasses bill by 2 / 3
vote, bill becomes
law
notwithstanding
Governor's
veto.
mmTHE PUBLIC SECTOR, V^ednesday, February 28, 1979
Page 7
Panel
suggests
King Day
ALBANY — The Civil Service
E m p l o y e e s A s s n . Ad H o c
Minorities Committee and staff
liason Atty. Pauline Rogers met in
Albany on February 15 to discuss
plans for the upcoming year.
Chairman Jimmy Gamble
suggested that the committee join
the efforts of the Black and Puerto
R i c a n Caucus in urging the
Legislature to make January 15,
Martin Luther King's birthday, a
permanent State holiday. He said
he would request that CSEA
President William L. McGowan
send a letter to Governor Carey's
office in support of the proposal.
Establishing this holiday was listed
as one of the committee's goals
when it was formed in March, 1978.
Gamble also told the members
that he had been contacted by a
group asking that the CSEA consider participating in boycotts
against American companies doing
business with South Africa where
Blacks are discriminated against.
He had few details about the group,
however, and asked that the committee think about the request
while he obtains more information.
Bernard Dwyer, a committee
Region II
meeting on
Saturday
member, called for a stronger
stand on a f f i r m a t i v e action,
saying, "We should energize Local
affirmative action committees
within the union to help in the hiring and promotion of minorities."
He also urged them to approach the
Regions to establish minority committees on that level.
Ms. Rogers announced that she is
awaiting a copy of a draft proposal
on civil service reform from the
governor's office and would review
it and current laws to determine
the effect of the civil service
system on minorities. Under her
direction the committee will work
with the CSEA Political Action
C o m m i t t e e to b r i n g a b o u t
necessary changes in the laws, she
noted.
NEW YORK CITY - Metropolitan
CSEA Region H President Solomon
Bendet
has announced
an
"Educational Grievance Procedure
Seminar and Wrapup Session" to be
held Sat. March 3, at District Council
37, 140 Park Place.
Both CSEA Statewide President
William L. McGowan and D.C. 37 Executive Director Victor Gotbaum
have been invited.
Bendet said "it will give those
attending the seminar an insight into
the grievance procedures available,
and the techniques which should be
used to make them work". Bendet
added that another subject for discussion at the seminar will be the
proposed CSEA dues increase. Bendet
asked Region 2 locals to have in
attendance at the seminar one
representative for each 100 members
listed on the last official rollcall of
CSEA.
C S E A ' S A D H O C M I N O R I T I E S C O M M I T T E E m e m b e r s s t u d y s o m e of t h e l a r g e v o l u m e of i n f o r m a t i o n it c o n s i d e r s a s p a r t of i t s
r e s p o n s i b i l i t i e s . S e a t e d a r o u n d t h e t a b l e f r o m l o w e r l e f t a r e M a y M o r g a n of C S E A ' s c l e r i c a l s t a f f ; C o m m i t t e e C h a i r m a n J i m m y
G a m b l e ; C S E A R e g i o n I m e m b e r N e s t o r N e i r a ; C S E A A t t y . P a u l i n e R o g e r s ; a n d R e g i o n IV m e m b e r B e r n a r d D w y e r .
Nomination
deadline
NEW YORK CITY - Local 350,
Metropolitan Dept. of Labor, has
scheduled its bi-annual election of
officers. Local President William
J. D e M a r t i n o , t h r o u g h h i s
Nominations Committee Chairperson, David Knapp,
says
nominations for officers in the
Metropolitan Dept. of Labor Local
will be received by Knapp via certified mail until March 9th, 1979, at
2 World Trade Center, Room 7270,
N.Y., N.Y. 10047. Petitions may
also be filed by certified mail at the
same address by March 26th.
DeMartino notes that a report of
the selection of candidates will be
Court decision awaited on examination
ALBANY - CSEA is awaiting a
decision from Albany Justice Aaron
Klein in its battle with the Civil Service Commission" to have some 200
New York State Department of Labor
employees appointed to positions for
which they were conditionally allowed
to take 1978 promotional exams.
According to New York City Labor
D e p a r t m e n t CSEA L o c a l 350
President William DeMartino, in early October the Commission denied the
employees admittance to the exams,
claiming that they wei'e not in the
proper line of promotion and/or did
not meet the job criteria. After hear-
mg arguments by CSEA counsel
Edward Stork that the employees
were qualified, the Attorney General
representing the Commission, ruled
that the employees could take the exams, but would not be put on eligible
lists until the CSEA presented written
claims to the Commission.
Local 67 J claims ^hazardous' work conditions
By Deborah Cassidy
MENANDS — Numerous comp l a i n t s to m a n a g e m e n t by the
Worker's Compensation Local 671 of
the Civil Service Employees Assn.
about hazardous working conditions
in their building on Broadway in
Menands has resulted in some
changes, but hot enough, says Local
grievance chairman Ronald Premo.
Last July, a safety committee headed by Premo and Local 671 President
Robert Foley, met with Andrew J.
Kean, Junior Administrative Officer
for the Workers C o m p e n s a t i o n
Department, and asked that specific
measures be taken to improve the
safety conditions. Such hazards as old
wiring, inefficient fire extinguishers,
flammable ceiling tiles and inefficient heating and cooling systems
were listed. Complaints were also
made about cars blocking fire lanes,
poor air quality, exit doors that are
difficult to open and the general rundown condition of the interior of the
building.
Pog€
8
Since that time smoke detectors
have been installed, fire escapes were
painted to indicate exit routes,
emergency doors were made easier to
open and fire lanes were clearly
designated and cleared of cars.
According to Mr. Premo, however,
"nothing has really changed." The
building, he says, is essentially unsafe
and most of the conditions cannot be
corrected. "I've been told that the
only alternative is to move and this is
under consideration. At this point the
CSEA is not resistant to any move
which will improve working conditions, but we are concerned that
parking facilities will be available
wherever we go," he added.
Until a move is made, the poor air
quality remains a concern. Smoke
constantly hangs in the air, causing
throat and sinus problems for many of
the workers. At the request of one individual, the safety committee has filed a grievance calling for a change.
Also there are severe temperature
differences in different areas of the
THE PUBLIC SECTOR, V^ecJnesday,
February
28,
1979
building. "It's either exceptionally
warm or exceptionally cool, and it's
hard to work like that," said Mr.
Premo.
When contacted by The Public Sector, James Gallagher of the New
York State Department of Space
Allocations and Procurement agreed
that there are numerous safety
hazards in the building which cannot
be corrected. "There will definitely
be a move in the future, but we are
still working out the details,'.' he said.
"There are many peculiarities and
particulars to be considered. The
nature of the work done by this
department requires special quarters
and we have to consider the matter of
accessability for employees who live
mainly in that area."
Calenilar
of EVENTS
MARCH
2 - 3 — R e g i o n VI M e e t i n g , H o l i d a y Inn, 4 6 0 0 G e n e s e e S t r e e t , C h e e k t o w o g a .
3 — R e g i o n II e d u c a t i o n a n d d u e s discussion m e e t i n g , 10 a . m . , D C 3 7 , 1 4 0 Park Place,
N e w York City.
5 — R e g i o n IV Business M e e t i n g , 5 : 3 0 p . m . , I t a l i a n C o m m u n i t y C e n t e r , A l b a n y .
9 , 1 0 , 1 1 — C e n t r a l Region V Conference, Hotel Syracuse, Syracuse.
1 1 - 1 3 — S p e c i a l CSEA Delegates M e e t i n g , Rockefeller Plaza Convention Center, A l b a n y .
31 — R e g i o n IV W o r k s h o p o n U n e m p l o y m e n t I n s u r a n c e f o r n o n - t e a c h i n g school d i s t r i c t
e m p l o y e e s , 10 a . m . . H o l i d a y Inn, S a r a t o g a S p r i n g s .
.
.
CSEA aids
abandoned
employees
Golden Gloves
Sponsor
BOB CZAPLICKI, Onondaga County Probation Officer, represented CSEA Local 834 at the
Golden Gloves Tournament of Champions held recently in Syracuse. Shown receiving the
winner's trophy in the heavyweight Open Division is Ron East, of Buffalo, who scored an
upset over previously undefeated Gaston Beruhe, of Quebec, Canada. This is the 3rd consecutive year CSEA has been involved in the community activity which attracts some of
the best amateur boxers from New York State and Canada.
PUBLIC EMPLOYEES...
Where would You Be
Without Them?
Judiciary bill
introduced by
J.M. McCabe
BINGHAMTON - The Judiciary
Employees contract bill, recently
passed by both houses of the 'State
legislature and signed by Gov. Carey,
affecting Court workers in Judicial
Districts 3 through 8, had been introduced in the Assembly by James
W. McCabe, Sr. (D-123rd Assembly
District).
Assemblyman McCabe's district is
in the 6th Judicial District. More
specifically, he represents parts of
Broome and Tioga Counties. Joining
with McCabe in co-sponsoring the bill
was James R. Tallon, Jr. (D-124th
Assembly District) in Broome County.
Broome County members of the
Broome-Tioga-Cortland Unit of CSEA
Local 334, Judiciary Employees,
spent the last few months meeting
with McCabe and Tallon discussing
the problems faced by the Court
workers in their struggle to obtain a
contract and pay raises. The Broome
Court workers also met with Senate
Majority Leader Warren M. Anderson
(R-47th Senate District), a co-sponsor
of the contract bill in the Senate.
By Jack Murphy
WHITE PLAINS - An informational meeting to explain to court
employees their "status was recently c o n d u c t e d in Civil S e r v i c e
Employees Assn. offices here by
CSEA C o l l e c t i v e B a r g a i n i n g
Specialist Pat Monachino.
"These people were left without a
u n i o n , l e f t c o m p l e t e l y unrepresented," said Monachino in explaining why the meeting was held. "I
am for the worker," he said, "and
these people really got a raw deal."
Monachino was referring to the
abandonment of the court employees
in Rockland and Westchester Counties by the Service Employees International Union (SEIU).
That union won the right to
represent the court workers last year,
but then notified the employees that
their SEIU charter had been revoked
because of an alleged "failure to pay
the required per capita tax to the
International Union . . . and to
function in accordance with the International Constitution and By-laws."
In another letter, however, the SEIU
s a y s it h a s no i n t e n t i o n of
representing these emplovees due to
an AFL-CIO ruling that" SEIU was
never eligible to represent those
workers in the first place.
According to Monachino, the court
employees are in a sort of "limbo"
until the State Public Employment
Relations Board determines to annul
the certification of the SEIU.
Monachino expects PEKB to follow
one of three courses when it makes its
determination: 1) simply revert to
the previous CSEA representation; 2)
declare the units unrepresented for
one year; or, 3) order a new election.
In the meantime there can be no
negotiations, which could cause some
hardships for the employees because
of the imminent conversions to the
new Office of Court Administration
classification tables. It may result,
said Monachino, "in people working
in the same building getting different
benefits."
He reminded the court employees
that while CSEA is barred from
representing the unit until SEIU is
decertified, CSEA could continue to
r e p r e s e n t indivi(iual m e m b e r s
"within the limit oflthe law."
Civil Service status pending
Pauletle Snead-Mental Hygiene Assistant
The palient is middle aged. He could be your
brother or your father A few m o n t h s ago when
his world came apart, it was all he could do to
c o m b his hair or brush his teeth But an Individual
Therapeutic Treatment Plan was worked out for
him A n d w i t h firm, gentle care, he began to respond Slowly at first, but w i t h increasing progress as each week went by A n d now. he's coming home
Paulette is his advisor She's assisted in his
treatment every step of the way and she'll still be
there if he needs her as he returns to the community
Paulette Snead, a public employee W o r k i n g
hard to help those who need it most
Public Employees
out them''
where would you be with
cs^oMmmm
the union that works for
®
you
SCHENECTADY — A provision in the recently settled contract for Schenectady County employees may help Sheriff's Department Employees to become
classified under civil service after several months of waiting.
According to Michael Messineo, president of the bargaining unit. Sheriff's
Department employees requested nearly a year ago that the County Board of
Representatives grant them civil service status, mainly to have job protection and
to obtain more professional employees. They have been waiting ever since for the
county to complete a required job classification process. The provision calls for
this process "to be completed in an orderly fashion in accordance with the
provisions of the Civil Service Laws and rules" and for the Board of Representatives to implement the classification plan when completed.
Messineo feels that the provision may help to speed up the process. "It has
been held up and stalled for more than six months and now we may see some
action because we have something in writing," he said. Donald McCarthy, CSEA
Capital Region Field Representative, agreed, saying that the written promise
"binds the county to complete the process."
THE PUBLIC SECTOR, Wednesday, February 28, 1979
Page 9
COMPETITIVE
PROMOTIONAL EXAMS
OPEN CONTINUOUS
STATE JOB CALENDAR
(State E m p l o y e e s Only)
Title
Salary
FILING ENDS MARCH 12, 1979
Associate Accountant (State Accounts)
Associate Accountant (State Systems)
Senior Accountant (State Accounts)
Senior Accountant (State Systems)
Cartographic Technician I
Cartographic Technician II
Cartographic Technician III
Highway Reports and Inventory Assistant
Assistant Director of Engineering
Research and Development
Director of Engineering Research and
Development
Senior Pharmacy Inspector
Senior Budget Examiner
Senior Budget Examiner (Employees
Relation)
Senior Budget Examiner (Management)
Senior Budget Examiner (Public Finance)
Assistant Director of Housing
Management Bureau
Supervisor of Office Services
Senior Narcotics Investigator
License Investigator II
Senior Excise Tax Investigator
$18,301
$18,301
$14,075
$14,075
$ 7,997
$ 9,481
.$11,904
$ 7,152
Exam No.
No.
No.
No,
No.
No.
No.
No.
No.
36-651
36-653
36-650
36-652
36-695
36-696
36-697
36-700
$25,095 No. 39-340
$30,945 No. 39-341
$15,624 No. 36-702
$18,301 No. 36-710
$18,301 No. 36-711
$18,301 No. 36-712
$18,301 No. 36-713
$25,095
$14,075
$16,469
$14,075
$14,075
No.
No.
No.
No.
No.
39-347
36-694
36-701
36-693
90-044
For more information about these and other state jobs, contact the state Civil Service Department,
Albany State Office Building Campus; 1 Genesee St., Buffalo, or 2 W o r l d Trade Center, New York City.
STATE OPEN COMPETITIVE
JOB CALENDAR
Title
''''
FILING ENDS MARCH 5, 1979
Public Management Intern
Standards Compliance Analyst III
Standards Compliance Analyst III
(Alcoholism)
Standards Compliance Analyst IV
Standards Compliance Analyst IV
(Alcoholism)
Standards Compliance Analyst I
Standards Compliance Analyst II
Standards Compliance Analyst I
(Alcoholism)
Standards Compliance Analyst II
(Alcoholism)
Salary
Exam No.
$12,250 No. 27-890
$22,623 No. 27-885
$22,623 No. 27-886
$25,095 No. 27-887
$25,095 No. 27-888
$14,075 No. 24-746
$18,301 No. 24-748
$14,075 No. 24-747
$18,301 No. 24-749
FILING ENDS MARCH 19, 1979
Cartographic Technician I
Cartographic Technician II
Cartographic Technician III
Health Department Investigator I
Highway Reports and Inventory
Assistant
License Investigator I
License Investigator I (Spanish
Speaking)
Narcotics Investigator
Pharmacy Inspector
Senior Budget Examiner
Senior Budget Examiner (Employee
Relations)
Senior Budget Examiner (Management)
Senior Budget Examiner (Public Finance)
Youth Education Coordinator
FILING ENDS MARCH 26, 1979
Beginning Office Worker
(Capital District Only)
$7,997
$9,481
$11,904
$13,304
No.
No.
No.
No.
24-944
24-945
24-946
24-954
$13,304 No. 24-950
$11,250 No. 24-943
$11,250
$14,850
$14,075
$18,301
No. 24-943
No. 24-951
No. 24-957
No.^ 24-960
$18,301
$18,301
$18,301
$14,075
No.
No.
No.
No.
24-961
24-962
24-963
27-880
$6,165 No. 20-998
You eon oUo contact your local Manpower Services Office for examination information.
Management
employee
'backs' CSEA
ALBANY — A management/confidential state employee ran into CSEA Executive Vice-President Tom McDonough at a restaurant here recently, and did
something he'd been meaning to do for some time. He presented McDonough
with a check for an amount equivalent to one-year of the union's dues — $58.50.
"He said he thought we were doing a hell of a job for public employees, and
he'd heard about our financial troubles, so he wanted to give us what he called
a 'small donation,' " said Mr. McDonough.
"It's gestures like this that make you believe that the uphill union battle
for the dignity of the workers is very much worthwhile."
Mr. McDonough accepted the check with a grateful "thank-you. "
Pr.«»
in
TMF p i m i i r cprrna
oq
io7Q
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
Histology 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 I
Mental Hygiene Therapy Aide Trainee
Mental Hygiene Therapy Aide Trainee
(Spanish Speaking)
Associate Actuary (Casualty)
Principal Actuary (Casualty)
Supervising Actuary (Casualty)
Assistant 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
$16,04» • 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
$6,456
$7,204
$7,204
20-348
20-352
20-394
20-394
$18,369
$22,364
$26,516
$10,714
$10,624
$11,904
$11,904
$li;904
$33,705
$27,942
$27,942
$33,705
$10,824
$11,450
$10,824
20-416
20-417
20-418
20-556
20-584
20-585
20-586
20-587
20-840
20-841
20-842
20-843
20-875
20-875
20-876
$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
$10,624
$11,250
$13,304
$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 S«rvic« for onnouncements, applications, a n d other details concerning examinations for the positions listed above.
State Office Building Campus, First Floor, Building i, Albany, New York 12239 (318) 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) B42-4260.
CETA
loophole
closing
By Dr. Gerald Alperstein
ALBANY — One of the biggest
loopholes of the Comprehensive
Employment and Training Act
( C E T A ) — the u s e of w a g e
supplementation to fill upper level
jobs, thus denying union members
promotional opportunities — will
be ending starting April 1, 1979.
Wage supplementation is the
practice of using CETA funds to
pay part of someone's salary.
Under the new CETA Law which
goes into effect April 1, CETA
positions will be limited to entrylevel jobs with salaries not to exceed $10,000 and without wage
s u p p l e m e n t a t i o n , Paul Burch,
CSEA c o l l e c t i v e
bargaining
specialist, reported.
In t h e p a s t , m a n y p u b l i c
employers had used up to $10,000 of
CETA money to partially pay people in supervisory positions. The
practice diverted funds away from
the very people the CETA Law was
designefl^ to aid — the under
educated and under employed.
KEEPING AN EYE ON CETA — The CSEA Committee to Oversee the Comprehensive Employment and Training Act meets periodically to discuss the ramifications of CETA upon CSEA members. Shown at a committee
meeting earlier this month are, from left, Paul Kamrass of New York City CSEA Local 010; CSEA Attorney
Marge Karowe; CSEA Research Analyst Joseph Abbey; CSEA Collective Bargaining Specialist Paul Burch;
Robert Gailor of Cortland County CSEA Local 812; and Committee Chairman Robert Maletta from Suffolk
County CSEA Local 852.
While the new law goes into
effect on April 1, those CETA
employees being paid in high level
positions and by wage supplementation will be allowed to finish their
tenure in the position — not more
than 78 weeks during a five year
period — Burch said.
The ban on wage supplementation and on high level positions
applies to Title II of the law, which
covers
most
government
employment. Title VI of the law
applies to Projects of up to 18
months in most cases.
For a Project, non-entry level
jobs can be funded and wage
supplementation of not more than
20 percent will be permitted.
CETA complaint
procedure
ALBANY — Should a CSEA member believe his employer is
violating the CETA Law, CSEA Collective Bargaining Specialist Paul
Burch and Attorney Marge Karowe urge the following procedures
• Notify your Local or Unit president of the suspected infraction.
• The Local or Unit president should contact the CSEA regional
office for the CETA Complaint form.
• The form should be filed with either the field representative or
one of the CSEA regional CETA committees. Regions I, III, V and VI
have such committees.
• The committee or the field representative will proceed
Burch said. The maximum wage
supplementation would be $2,000 on
a CETA salary of $10,000.
While the n e w C E T A L a w
specifies rules on wage supplementation, most of the regulations under the new law are being prepared
by the U.S. Department of Labor.
Those regulations will go into
effect on April 1.
The CSEA Standing Committee
to Oversee the Comprehensive
Employment and Training Act had
prepared a response to the first
draft of regulations for the CETA
Law, Burch and CSEA Attorney
Marge Karowe, said. One of six
CETA r e c o m m e n d a t i o n s w a s
accepted, that outstationing of
CETA employees should not be
done, Burch said.
Other important changes in the
proposed draft regulations
reported by Karowe and Burch
were:
• Limiting of outstationing to
small employers who cannot administer a CETA program.
• Interpretation of "entry level"
to be the lowest job level as defined
by career ladder or past practice.
• Requiring a 60 day time limit
for CETA employers, called prime
sponsors (120 days for the federal
government) to respond to complaints.
• An independent monitoring unit
to be set up to see that CETA is not
being abused.
• Wider distribution of CETA
e m p l o y e r p l a n s to
labor
organizations and other interested
parties.
• A 45-day waiting period for
r e s p o n s e s to plans by CETA
employers.
CETA employers must have interim CETA plans in effect on
April 1 and permanent plans on
Oct. 1, Burch said.
The committee also has made
recommendations for changes in
the second draft regulations, including:
— The defining of a Project to be
other than routine work.
— Limit Project employees to
entry-level positions.
— Limit Projects to not more
than 18 months without renewal.
— Permit CETA funds to be used
for agency shop fees and union dues
where such exist.
— Require a CETA hiring freeze
when a hiring freeze for regular
employees is in effect.
— R e q u i r e p r i n c i p a l labor
organizations to be members of
planning councils.
— Require meetings to be held at
convenient times and be properly
announced.
Troy Unit claims CETA Law abuse—
TROY - The City of Troy Unit of
the Civil Service Employees Assn.
has filed an improper practice charge
against the Commissioner of the
Department of Public Works, Thomas
Murley, for not following the seniority
c l a u s e of the current c o n t r a c t
between CSEA and the City administration when calling out DPW
employees for snow removal and
snow emergency situations.
The c h a r g e s t a t e s that Commissioner Murley has totally disregarded the seniority clause in the
CSEA-Troy agreement.
Edward L a P l a n t e , CSEA unit
president, explained the impact of
Commissioner Murley's action upon
the public. "By disregarding the
seniority clause, Commissioner
Murley has demoralized the whole
Department of Public Works staff.
Time and time again CSEA has explained the situation to the Commissioner and received his word that
this abuse would cease. But with the
very next snow storm the Commissioner refused to follow the contract requirements. The results of
such action can be seen in the ice ruts
which jam up the majority of the City
s t r e e t s . The e m p l o y e e s of the
Department are willing to do the job
and are capable of doing the job. But
when the Commissioner continues to
call in the less experience workers
and an i n s u f f i c i e n t n u m b e r of
workers, the final results rest with
the C o m m i s s i o n e r and not the
employees who are doing the best
they can in a very bad situation."
S i n c e D e c e m b e r , 1978, f o u r
grievances concerning the abuse of
the seniority clause by the Commissioner have been filed bv the City
of Troy unit of CSEA. If upheld in
binding arbitration, the City may well
have to pay the more experienced
employees who were not called in to
work by the Commissioner in accor-
dance with the contract provisions.
"Our members want to earn their
salaries, they don't want to be paid
for not working, but the agreement,
the contract must be honored and
followed by both sides so that the good
of the general public is served. In this
case the actions of the Commissioner
could cause the tax payer to pay twice
for one job," LaPlante said.
L a P l a n t e also said that Commissioner Murley has endangered
future federal
Comprehensive
Education and Training Act funds to
the City of Troy due to alleged abuses
of the rights of permanent civil service employees while favoring temporary employees working under
CETA grants to the City of Troy.
LaPlante explained, "Recently
Commissioner Murley laid off several
permanent civil service employees
while retaining CETA employees in
positions which perform the same
basic job functions. This is a violation
of the CETA rules and regulations
which require that CETA employees
and CETA funds shall not be used to
surplant permanent job positions.
"Commissioner Murley is trying to
say that the job description of a
sanitation man and that of a laborer
are not essentially the same. Both,
however, according to the Troy Civil
Service Commission job descriptions
'collect and disposes of rubbish', both
perform manual labor.
LaPlante concluded, "CSEA wants
to serve the needs of the public. It
cannot allow the abuses of the present
contract and the present CETA
situation to continue in the City of
Troy. Because of this CSEA has filed
an improper practice charge before
the S t a t e ' s P u b l i c E m p l o y m e n t
Relations Board and has also informed the Rensselaer County Manpower
(CETA) representative of the abuses
to the intent of the CETA program in
Troy.
THE PUBLIC SECTOR, Wednesday, February 28, 1979
i
' ''
Page 11
acuse
By Carl Mellor
Special to The Public Sector
SYRACUSE - CSEA President William L.
McGowan has lashed out at management practices at the Syracuse Developmental Center,
charging, "Management is not adhering to the
contract. In a press conference here after
meeting with many Center employees to discuss
problems over working conditions, McGowan
said, "Because our people are not being treated
properly, morale is low and there's a turnover
rate of 47 percent. That alone should tell you
something is radically wrong."
McGowan cited instances of employees working out of job title, improper transfers to work
sites, pressure being placed on employees to
defer vacations and sick days, and inadequate
s t a f f i n g . " I put the b l a m e on m i d d l e
management," he told several reporters.
"They're not familiar with the contract. And, the
grievance procedure is not being administered
properly, either. One of our people filed a
grievance in June and didn't receive an answer
until October. The contract demands that there
be an answer within 30 days."
McGowan, who came to Syracuse along with
other members of CSEA's Presidential Task
Force, said numerous complaints had been
received from SDC employees. Noting that the
Syracuse Developmental Center is "our number
one hot spot throughout the state of New York,"
the union president said he would demand a
meeting with Gov. Hugh Carey if working conditions weren't improved.
"If necessary, I'll talk to the governor,"
McGowan commented. "We've had some in-
CSEA PRESIDENTIAL TASK FORCE,
complete with mobile office, moved into Syracuse to
investigate personnel difficulties among employees at the Syracuse Developmental Center. Discussing task force assignments are, from left, Vic Procopio, vice president and grievance chairman of
CSEA Local 424; Local 424 President Santo Devito; CSEA Region V Field Representatives Tom
Dupee and Terry Moxley; Eric Lautsen, assistance grievance chairman of Local 424; and in rear,
Shop Steward Gary Fassler; and CSEA Field Representative John Deyo from Region IIL
direct contact with the Department of Mental
Hygiene, but that hasn't changed anything. You
talk to the top man and that way you know where
the blame is."
In discussions with SDC employees, CSEA
Central Region President James Moore and
Field Representative Terrance Moxley
emphasized that improper personnel practices
were detracting from the quality of service at
the Syracuse facility, whose residents are people
considered to be mentally retarded and/or
developmentally disabled.
"There's a preoccupation with the budget,"
Moxley charged. "Because SDC is grossly understaffed, our people can't do the rehabilitative
work they're supposed to do. When therapy aides
have to do paperwork and clean floors, they don't
have the time to work with residents on a personal basis;'" Moxley said. "SDC is supposed to
help the residents grow more independent so that
many of them can move into the community.
This can't happen when therapy aides are
overworked or when some of them are working
in non-service positions."
Moore, who monitors work practices at eleven
state institutions, said poor morale inhibits the
productivity of SDC employees. "I never called a
task force into this region before," he said. "I
never had to. But,^'at SDC, an extraordinary
number of grievances have been filed. Compared
to the grievances filed at Marcy, Rome or any
other state institution, the number is astounding.
When working conditions are bad and employees
are frustrated, they can't do their best work. In
addition, most employees who file a grievance,
e v e n t u a l l y quit before the g r i e v a n c e is
resolved."
Several SDC employees, who spoke with the
CSEA Task Force, complained about specific
personnel practices such as the refusal to permit
entrance level therapy aides to have any
weekends off and the utilization of aides for nontherapeutic duties. "I don't know why I had all
those weeks of training," one therapy aide commented. "When they ask me to mop a floor,
that's something I learned to do when I was five
years old."
McGowan, who charged that the personnel dispute "is wasting a lot of time and money," said
employee unrest is so great that the possibility of
a job action cannot be discounted. "Our people
are angry," he said. "The matter needs to be
resolved now. If it isn't, I'll be coming back to
Syracuse to re-evaluate the situation."
CSEA REGIONAL PRESIDENT
JAMES MOORE
an extraordinary number
of grievances
have been filed.''
CSEA PRESIDENT
WILLIAM L. McGOWAN
''I put the blame
on middle management.
-A
Page 12
THE PUBLIC SECTOR, Wednesday, February 28, 1979
^