iPiiblic
TOM KANE - a concessionaire
who
makes no concession
to his handicap. See
page 2.
SSECTOR
c
Official publication of The Civil Service Employees Association
Vol. 3, No. 22.
(ISSN 0164 9949)
Wednesday, March 11, 1981
GWYN C L A R K E än activitist who's
making her mark in
Brooklyn. See page
12.
McGowan calls for one cent contributions to send guv to PCB well
Carey's 'childish' comments
on chemical hazard blasted
ALBANY — How many state employees out there would like to help
Gov. Carey finance a trip to Binghamton so he can "drink a glass of PCBs?"
If you would like to help, perhaps you would like to contribute to CSEA's
Hugh L. Carey Toxic Waste Disposal Fund. It only takes one penny and
you'll be helping the governor solve a major environmental problem.
The tongue-in-cheek fund was created by CSE A President William L.
McGowan last week after the governor told a stunned Capitol press conference that the situation at the Binghamton State Office Building had been
"overblown" because of "the union."
A February 5 t r a n s f o r m e r explosion and fire spread toxic
poly chlorinated biphenyls (PCBs) throughout the 20-story building. Just a
week ago, experts also found the even more dangerous toxin "dioxin" in soot
spread throughout the building by the fire. State employees were reassigned
to temporary facilities beginning on February 6 while the PCB clean-up
operation began, but when the dioxins were found, the volunteer clean-up
crews were removed and the building was sealed. A team of international
scientists is being assembled to figure out what to do next.
But during a March 4 press conference, the Governor was asked about
the problem and replied, "I hate to say it, but somebody went amok in
Binghamton." The Governor then proceeded to criticize his own administration for "overreacting" to the problem and blamed the response on
the union, "Now we've got to satisfy the union," the Governor said, "which
can withhold its services until it's well satisfied."
It was then that Carey offered to go to Binghamton, "drink a glass of
PCBs and then run a mile." He followed with an offer to take some vacuum
cleaners, "a few good hands" and do the clean-up job himself.
"If the Governor wants to drink a glass of toxic chemicals, that's his
business," commented CSE A President William L. McGowan. "We feel that
we should help him get his wish without providing any additional financial
burdens upon the taxpayers."
To help finance the "trip," McGowan told reporters that CSEA would
ask union members to send one penny each to CSEA Headquarters which
would be sent to the Governor to underwrite the cost of his Binghamton trip.
"If he is foolish enough to do it, we're mad enough to help him," the union
president said.
On a more serious note, Mr. McGowan said he was shocked and angered
by the statements. "Exposure to high doses of PCB or to low doses over a
prolonged period may be a significant health hazard for people," he said.
"Instead of making bad jokes, he should offer a prayer of thanks that this
building was unoccupied when the accident occurred or we would be dealing
with an entirely difkrent kind of crisis right now."
CSEA has been meeting with state officials concerning the Binghamton
accident and another incident involving a PCB fire adjacent to the state's
Alfred E. Smith Office Building in Albany. In the latter incident, the state
says tests revealed no serious PCB contamination, but they didn't do any
tests until after they sent employees back into the building.
After complaints about its actions, the Office of General Services told
Mr. McGowan written guidelines would be issued immediately directing
facility managers not to send employees into any state facilities if the safety
of the facility is in question. As an added precaution in the Albany incident,
CSEA and the state are jointly participating in a monitoring program at
AESOB to independently confirm the safety of the building.
"The safety of state workers and the environmental accident at
Binghamton are no joke to this union," President McGowan concluded,
"and I am sure our members resent the Governor's childish remarks."
Mr. McGowan said that any pennies received to help underwrite the
Governor's trip to Binghamton will be delivered to the Governor's Mansion
to let him know how public employees felt about his remarks.
Union raps Utica-Marcy transfer as 'unwise^'
state suspends bids pending more investigation
In a move to halt the proposed turn-over to the private sector of the UticaMarcy Psychiatric Centers laboratory, CSEA President William McGowan has
issued a letter to Mental Health Commissioner James Prevost requesting any
plan to change lab management be reconsidered.
And at press time it was learned that the Utica-Marcy administration has
been directed by the state Office of Mental Health to suspend any action on
bids from potential lab managers pending further investigation into claims
submitted to the state in the McGowan letter.
The proposed turn-over was first brought to the attention of Central Region
President James Moore by John Giehl, President of Local 425 at Utica
Psychiatric Center.
In a meeting with Giehl and concerned lab employees, Moore called for an
immediate investigation by the CSEA Research Department in Albany. A
research study was completed and submitted to President McGowan.
The McGowan letter to Commissioner Prevost in part said the closing of
the Utica lab was "an 'unwise move' and after a careful study of the facts,
CSEA was unable to determine that there would be a savings to the State and
was concerned with a possible 'detrimental effect on other jurisdictions which
have made use of this laboratory in the past.' "
The McGowan letter further stated that the Utica lab now receives more
than $20,000 annually from Oneida County and the towns of Kirkland and
Whitestown for services.
It also questioned what would happen to the present exchange program
between Rome Developmental Center and Utica Psychiatric Center, since any
future testing done for Rome D.C. at Utica P.C. would have to be contracted
out.
CSEA research also contended that current operating costs for salaries
and fringe benefits of the lab personnel have been overestimated by approximately $33,300 — which would further inflate the projected savings.
The letter also pointed out that the Utica-Marcy Centers would still be required to bear the costs for fuel and utilities of the laborarory building if the
successful bidder exercises an option to occupy the current lab under a temporary State permit.
In closing, McGowan said, "In consideration of the above possibilities, it is
very doubtful that the closing of the Utica-Marcy laboratory will ultimately be
in the best interest of the Office of Mental Health and the surrounding jurisdictions which make use of the laboratory."
Regional President Moore also expressed his deep concern. He has requested Utica Psychiatric Center Local President Giehl to closely monitor ?riiy
further action by the administration to "dump" the lab operation in the h?<Jnds
of a profit-seeking private concern.
;
"I believe CSEA's extensive research has proved the operation of ^be lab
can continue to offer useful service to the Utica-Marcy Psychiatric/^enters, a
number of surrounding communities, and do it efficiently at a mini*wuni cost.
When all facts were weighed, CSEA found no sound reasons for ^ii^e State to
turn ovec the operation to a private firm," Moore said.
For Tom Kane, a
customer is more
than just a face
in tlie crowd . . .
rjr
LOCAL 003 MEMBER TOM KANE, left, takes a break from his busy workday at a Buffalo consession stand to talk about his handicap. A friendly
fellow, above, Tom is on a first-name basis with most of his customers.
After 12 years, they have all come to know and love his special way of doing
business.
By Dawn LePore
BUFFALO — Tucked behind a marble corner in the lobby of the
Donovan Building, the concession stand is doing its normal brisk morning
business.
One after another, the customers approach the counter with a "Hi,
Tom," and a few tidbits of news.
Tom Kane, a member of Buffalo CSEA Local 003, greets each of them
by name and quickly reaches for their cigarettes, papers or candy, often
before they've even told him what they'd like. Just as quickly, change is
made and the next request is filled.
"Hi, Darlene. You want the usual today?" he asks, turning for a pack
of Salems, stacked in a slim row among a few dozen other brands.
Then grabbing a quiet moment between customers, he steps out to
restock the snack display in front of the booth and hurries back to sell a
morning paper.
It takes a few moments to realize that Tom Kane is blind.
After serving with the Marine Corps during the Korean War, Tom
Taiieover rumors at
Central islip false
CENTRAL ISUP — James Forsyth, president of the CSEA Central Islip
Psychiatric unit, is warning CSEA members and employees not to listen to
rumors about an incipient take over of the facility by an outside institution.
The source of the rumors was a story carried by "Newsday" that the New
York Institute of Technology, a Westbury-based vocational college, had made a
proposal to purchase several buildings on the Central Islip grounds. Since the
"Newsday" article appeared last week, stories have b ^ n circulating at
Central Islip, Kings Park, and Pilgrim Psychiatric Centers that the closing of
Central Islip was imminent.
"CSEA — including myself, Regional President Danny Donohue and the
CSEA Mental Hygiene Task Force — has met with the Mental Hygiene
Department here on Long Island and in Albany is following developments
closely," said Forsyth. "The New York Institute of Technology proposal is not
'new: it has been around for at least four months. The Department of Mental
Hygiene has not yet decided to formally consider the proposal and has not
Imade plans either to accept or reject it. Nothing has been decided."
ForsyUi said the CSEA had made known to the Department of Mental
h'.ygiene the union's concerns about the porposal. "We told them we would
t^ke any action, legal and other, to protect our members' jobs. We will continue to follow developments and will keep our members informed.
Ht said the union will distribute flyers with up-to-date information when,
and if, anything new occurs.
^
THE PUBLIC SECTOR, W«d«Msday, AAarch 11, 1961
returned home only to lose his sight in an auto accident in the early 60's.
But he is not a bitter man.
Handsome at 46, one is surprised to learn that he never married.
"No, I take care of Mother," he says, smiling.
Tom has been manning the stand in the state office building for the
past 12 years. Before that he did the same thing over at City Court, City
Hall and the Roswell Park Memorial Institute.
"I know most of my customers by the sound of their voices," Tom
says. "All they have to do is say 'Hello'."
It is clear by his smile that he enjoys his work. Every inch of the
stand has a clear place in his memory. Twice each week he orders his
stock.
Just before Christmas, Tom noticed someone was pilfering
cigarettes so he set a trap — a mouse trap — inside an open carton of the
thief's favorite brand. Within a couple days a snap and a yelp revealed he
had caught his thief.
With the help of some state employees who were standing nearby,
police were able to apprehend the man several blocks away from the
building.
"He pleaded guilty so I never even had to go to court," he said.
That incident aside, Tom insists that this stand is the most
trustworthy he has ever operated.
"They are good people here," he says. "They all know me here. And I
know all of them."
Evaluiiaoii Mteions continue
ALBANY — The third phase of the continuing performance evaluation
training is schedule to t)egin in mid-March, with 24 sessions being conducted around the state.
Attending will be more than 700 Local presidents, their designees on
appeals boards and labor/management committees, and Region staff
members.
^
According to Marty Langer, CSEA's representative on the Committee
on the Work Environment and Productivity, this phase of the training will
focus on two aspects of the evaluation process.
"The first will be reinforcement sessions ifor CSEA officials in need of
additional appeals and labor/management training," Langer said. "We had
requests for this continued training and the monitoring and appeals
processes following our last round of sessions. Specifically, we will be basing these reinforcement sessions on actual exp^iences that have been encountered, and we'll tailor our discussions to local conditions as much as
possible."
The second part of the training will deal with task identification and the
development of performance standards on which employees will be
evaluated.
"The State will also be training their supervisors beginning this month
and hope to finish before the next big round of evaluations," Langer explained.
. "We'll be using precisely the same information in our training session
as the State will be using in theirs. But in addition, we'll be discussing what
problems to look out for and types of abuses that our people should be aware
of."
I
• \i
h
I
Blue collar workers still In negotiations
Suffolk white collar unit accepts pact
IMEMBERS OF THE SUFFOLK COUNTY LOCAL 852 negotiating committee include, from
lieft standing, CSEA Field Representative Irwin Scharfeld, Kenneth Horsford, James Piersant. President Ben Boczkowski, Dorothy Victoria, Gary Taibbi; sitting, Rose Orenda,
I Preston Singer, Barbara Rotunno, George Kirokos and Al Mirani.
Chemung unit charges
attorney delays talks
ELMIRA — Chemung County m a n a g e m e n t and its labor negotiator recently c a m e under fire when the County Unit of the Civil Service E m p l o y e e s
Association (CSEA) accused the $27,500 consultant with excessive delays over
the current six months of contract talks.
A spokesman for the 600-member unit of Chemung County Local 808 indicated that Richard H. Wyssling, an a t t o r n e y hired by the County to negotiate
a n u m b e r of contracts, has frequently been unavailable for negotiations due to
an overloaded schedule.
According to Robert W. Allen, Unit P r e s i d e n t , "In addition to the m a n y
delays in negotiations, he (Wyssling) has a s s u m e d a take it or leave it attitude,
totally devoid of the spirit of fair bargaining, and has implied that the eventual
outcome will be an imposed s e t t l e m e n t by the County of C h e m u n g . "
"We a r e now awaiting the F a c t F i n d e r ' s r e p o r t , " Allen continued, " a n d
a r e hopeful it will force the County negotiator to r e t u r n to the table and bargain
in good faith. If Mr. Wyssling thinks he can break the Union by t h r e a t s of an imposed Legislative settlement, he is mistaken. His a t t i t u d e is m a k i n g us
stronger, m o r e determined than ever to fight for a f a i r and equitable contract."
HOLTSVILLE - Suffolk Local 852 blue collar
employees voted down a one-year contract with Suffolk County on F e b r u a r y 27 but the white-collar
employees voted to accept it.
A c c o r d i n g t o L o c a l 852 P r e s i d e n t B e n
Boczkowski, the white-collar a g r e e m e n t will go
into effect, pending approval by the Suffolk County
Legislature. Meanwhile, Mr. Boczkowski said, the
collective bargaining process as provided by the
Taylor Law will continue for the blue collar unit. A
meeting had been called last week for all blue
c o l l a r unit p r e s i d e n t s to d i s c u s s n e g o t i a t i o n
strategy.
There w e r e approximately 8,000 ballots mailed
o u t t o C S E A m e m b e r s a c c o r d i n g to M r .
Boczkowski. Of the 5,656 ballots returned, 394 were
declared void by election officials leaving a total of
5,262 ballots that w e r e counted. The white collar
voters approved the c o n t r a c t 2,081 to 2,025 while the
blue collar voters r e j e c t e d the contract 610 to 546.
Under the t e r m s of the white collar contract,
raises will a v e r a g e 10.5 percent according to Irwin
Scharfeld, CSEA field representative.
Honor brunch
for Betty Duffy
WEST BRENTWOOD - A brunch
in honor of retired long-time CSEA
activist Betty Duffy will be held at
Colonic Hill in Hauppauge at 11 a . m .
on April 5.
Local 418 F i r s t Vice P r e s i d e n t J e a n
F r a z i e r said the tickets a r e $10 and
the closing date for reservations is
March 20. F o r additional information,
contact Local 418 a t (516) 231-5577.
Ms. Duffy, who retired f r o m State
service e a r l i e r this year, is a f o r m e r
P i l g r i m P s y c h i a t r i c Center, Local 418
president, m e m b e r of the statewide
Board of D i r e c t o r s and s e c r e t a r y of
the CSEA Mental Hygiene P r e s i d e n t s
Committee.
Betty Duffy
Ramapo unit 'very satisfied'
with new four-year contract
LOOKING OVER the final draft of the four-year East Ramapo School District
contract are, from left, Unit President Jack Schwartz, Collective Bargaining
Specialist Manny Vitale, District Negotiator Richard Crabtree and Unit
Member Gus Certa.
'Calendar of EVENTS
March
11—Long Island Region I EAP seminar, 9 a.m.-5 p.m., Holiday Inn, Hauppauge.
11—Hudson Valley Armory Employees Local 252 Meeting, 1 p.m., Newburgh Armory,
355 South William St. Newburgh.
12
Saratoga County Local 846 shop stewards meeting, 5 p.m.. Solar Building, High St.,
12 Ballston Spd.
Rockland Psychiatric Center Local 421 meeting, 4:45 p.m.. Social Hall, Catholic
Chapel, Rockland Psychiatric Center.
13-14—Western Region VI meeting, Rowntowner Motor Inn, Rochester.
14—Vestal School Unit, Broome Educational Local 866, dinner-dance, 6 p.m., St. Mary's
Hall, Baxter Street, Binghamton.
SPRING VALLEY — The 100 CSEA m e m b e r s who f o r m the E a s t R a m a p o
Central School District Unit have overwhelmingly ratified a new four-year
contract, according to Unit P r e s i d e n t J a c k Schwartz who added, " a n d most
importantly we w e r e able to reach an a g r e e m e n t which still allows for increments."
Schwartz indicated the m e m b e r s h i p is " v e r y s a t i s f i e d " with the pact
which provides: annual wage hikes of seven percent, plus i n c r e m e n t s ;
longevity a w a r d s a f t e r 10, 15 and 20 y e a r s service; p r e f e r e n c e in making
promotions based on seniority; $5.00 meal allowance paid for each consecutive
four hours of m a n d a t o r y o v e r t i m e worked; u n i f o r m s also issued to security
aides; increase of at least one i n c r e m e n t granted when employee promoted
and moved to higher classification; s u m m e r hours during July and August;
guaranteed m i n i m u m two hours pay when called in before or a f t e r regular
workday, weekend or holiday; increased tool allowance for bus mechanics, and
absences due to injury or illness not charged against e m p l o y e e ' s personal leave
when judged compensable under the W o r k m e n ' s Compensation Board.
Negotiations w e r e led by Collective Bargaining Specialist, Manny Vitale,
assisted by Schwartz, David Goldberg, Rita G l a s s m a n , Kenneth McLeon and
Gus Certa.
16—Capital Region IV membership meeting (dinner), 5:30 p.m., Best Western Thruwoy
House, Washington Ave., Albany.
17—Saratoga County Local 846 Executive Committee meeting, 7 p.m.. Solar Building,
High St., Ballston Spa.
17—Hudson River Psychiatric Center Local 410 meeting, 8 P.M., Conference Room (1-A),
Cheney Building, Hudson River Psychiatric Center.
18—Buffalo Local 003, General Membership Meeting, 5:30 P.M., Buffalo Aud Club.
18—Nassau County Local 830 Executive Committee meeting, 5:30 p.m., Salisbury Inn,
Eisenhower Park, East Meadow.
19—Long Island Region I Clerical, Secretarial Seminar, 7-11 p.m.. Holiday Inn, Hauppauge.
22-24—CSEA Q^leggtps
uv-,.....
THE PUBLIC SECTOR, Wednesday, M a r c h 11, 1981
SPttbllc—
SSECTOR
Official publication
The Civil Service Employees
33 Elk Street, Albany, New
of
Association
York
12224
The Public Sector (445010) is published every Wednesday
weekly except for Wednesdays after New Years, Memorial
Day, Fourth of July and Labor Day for |5 by the Civil Service
Employees 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^
Thomas A. demente—Publisher
Roger A. Cole—Executive Editor
Dr. Gerald Alperstein—Associate Editor
Gwenn M. Bellcourt — Associate Editor
Deborah Cassidy—Staff Writer
Dawn LePore-Staff Writer
John L. Murphy—Staff Writer
Aiden D. La wand—Graphic Design
Dennis C. Mullahy—Production Coordinator
Published every Wednesday by Clarity Publishing, Inc. Publication
Office, 75 Champlain Street, Albany, N.Y. 12204 ( 518 ) 465-4591
July 4 holiday
Because the Fourth of July falls on a Saturday
this year, many State employees have asked
whether they'll get the preceding Friday or the
following Monday off to celebrate Independence
Day.
The a n s w e r , a c c o r d i n g to a Civil S e r v i c e
Department m e m o r a n d u m sent to agency personnel officers, is that offices will not be closed on
Friday or Monday. Instead, employees generally
will be granted compensatory time off. This " c o m p
t i m e " can be used on whatever date is mutually
agreeable to employees and their supervisors.
Some employees who actually work on July 4 can
choose between time off or extra pay. Questions
concerning the Independence Day observance
should be directed to your supervisor or agency personnel office.
AFL-CIO dept. head retires
NEW OFFICERS OF THE Department of Public Works Blue Collar Unit of Suffolk County Local 852,
from right, Sergeant at Arms Al Terry, Secretary William Venil, Treasurer Richard Quappe, Second
Vice President Frank Gunby, First Vice President Kevin Dobbs and President John Stankenwicz are
installed by Local 852 President Ben Boczkowski, second left. Looking on is Past President Sam
ladiccio, left.
BAL HARBOUR, FLA. - William H. McClennan
has retired as president of the AFL-CIO Public
Employee Dept., which he had headed since its
founding in 1974, and Kenneth Blaylock was elected
to fill out his t e r m .
Blaylock is president of the American Federation
of Government Employees and has been t r e a s u r e r
of the d e p a r t m e n t . McClennan is presidentemeritus of the F i r e Fighters. The department now
has 35 affiliates representing some 2 million
federal, local and state government workers.
The t e r m s of Blaylock and Shanker will run until
the d e p a r t m e n t convention next June.
Upstate sponsors hockey
SYRACUSE — Interested in promoting youth
s p o r t s , C S E A m e m b e r s of L o c a l 615,
r e p r e s e n t i n g U p s t a t e M e d i c a l C e n t e r in
Syracuse, chose to sponsor a teenage hockey
team.
" I t ' s tough for youth hockey t e a m s to get spons o r s , " Local 615 President Bob Vincent said.
"Most organizations tend to sponsor football or
baseball t e a m s , because they have a m o r e popular appeal. But w e decided it would be a good
thing to lighten some of the e x p e n s e s . f o r the
young hockey p l a y e r s . "
Don Dobrowolski, t e a m coach and Local 615
m e m b e r , added that " i t ' s something for the
teenagers to do besides watching T.V. or running
in the s t r e e t s . " He also said that the youths in
the Camillus. N.Y. Youth Hockey League have
sincere interests in the sport, and some go on to
play college hockey.
Faulty food carts injure MPC workers
NEW YORK a T Y - A grievance filed by Manhattan Psychiatric Center
(MPC) Local 413 charges that old, poorly maintained food c a r t s have caused
injuries to several food service employees.
"In filing the grievance we pointed out that the lack of maintenance on the
food c a r t s not only causes injuries, but also causes the c a r t s ' wheels to freeze,
making a c a r t filled with food nearly impossible to push," said Local 413
Grievance Chairman Mohammed Huessin.
"They never do maintenance on these c a r t s , " said Food Service Worker
Mary Stevens. "When you get hurt, m a n a g e m e n t tells you to be m o r e careful.
How can you be more careful when the doors a r e broken and swinging and the
wheels a r e f r o z e n ? "
Stevens broke her toe when a c a r t ran over her foot. Additionally, she said
that the swinging doors regularly cause bruises on her side when she tries to
maneuver the c a r t s through narrow doorways.
Marial Braithwaite, a Food Service Worker at MPC for 24 years, said that
the c a r t s a r e " s o heavy when they a r e full, we can't push t h e m . "
A spokesman for the m a n u f a c t u r e r of food c a r t s said that an empty
c a r t weighs 500 pounds.
" T h e c a r t s (at MPC) a r e 25 y e a r s old," the spokesman said. "Any c a r t in
service that long takes a lot of abuse and need continual m a i n t e n a n c e . "
"If the wheels a r e greased regularly and the c a r t s a r e properly maintained, there should be no p r o b l e m s , " he said. "Frequently, though, instead of
purchasing replacement parts, an institution will try to save money by improvising, using whatever is lying around the shop instead of a new p a r t . "
He said that he could not recall any orders for replacement p a r t s for the
MPC food c a r t s " f o r quite a few y e a r s . "
CSEA to defend police lieads
IN SPITE OF AN ARREST THREAT by Manhattan Psychiatric Center
security guards, a Public Sector photographer managed to get a picture of
MPC Food Service Worker Mary Stevens holding a makeshift pin-lock used by
the institution to repair a food cart which already had a missing door. Security
^guards prevented the photographer from taking further pictures.
Contracting out scrutinized
'
NANUET — Union leaders a r e reacting quickly to indications the
Rockland County Legislature is looking into the possibility of contracting
out housekeeping services a t the County Health Complex.
•
In a letter to the legislators, Local 844 President John Mauro and County
Unit President Ray Zerbarini protested, " I t ' s the old story — blue collar
workers, the first to go." The CSEA leaders continued,
" T h e typical 'pie in the sky' approach is being taken, but we will not be
fooled. You m a y be sure that CSEA is keeping a close watch on
developments since contracting out m e a n s loss of benefits, m i n i m u m
wages, or even outright dismissal. You could very well be taking people off
the payroll, but putting them on the w e l f a r e roll."
E a c h legislator, as well as State Sen. Linda Winikow, and Assemblymen
Eugene Levy and Thomas Morahan, w e r e sent copies of the book
" G o v e r n m e n t for Sale" published by AFSCME.
Copies of the book have also been offered to interested Rockland County
citizens.
WHITE PLAINS - The Civil Service Employees Association will defend
four of seven superior officers in the Westchester County Police Division
charged with lax supervision.
The union is entering the case, according to Unit President Ray O'Connor, " t o defend CSEA m e m b e r s against unwarranted a t t a c k s . "
Attorney Arthur H. G r a e of the White Plains Law f i r m G r a e and Rose
will represent the four supervisors before a special hearing officer. The
other three officers will be represented by the P a r k w a y Police Benevolent
Association.
Carmine DiBattista, a union leader, said the charges " h u r t m o r a l e and
impair the d e p a r t m e n t ' s operations.
" I t ' s interesting to note," he commented, " t h a t these charges which
border on h a r a s s m e n t a r e being brought against men with unblemished
records in over a century of combined public s e r v i c e . " He called the move,
" a publicity s t u n t . "
"A cloud is now hanging over their heads and we intend to dissipate it by
\ ^ f e n d i n g them vigorously," he concluded.
CSEA R E G I O N A L D I R E C T O R T H O M A S J.
LUPOSELLO, above, was among those who attended
County Executive Lucille Pattison's open house in
Poughkeepsie.
DUTCHESS COUNTY EXECUTIVE LUCILLE PATTISON, left center, recently held an open house at the
county office building in Poughkeepsie. Special guests included such CSEA activists as, from left, Mary Rich, left
and County Unit President Scott Daniels.
Region VI nominations deadline infoBUFFALO — The Region VI Nominating Committee wishes to correct the
error of last week's Public Sector article regarding the deadlines for independent nominating petitions.
Those wishing to file independent nominating petitions for Regional Office
must submit them by April 1. F o r m s must contain the signatures and Social
Security numbers of at least four percent of m e m b e r s entitled to vote in the
election.
Those wishing to qualify by independent nomination for the State Executive Committee of CSEA Board of Directors must file petitions by April 15.
They must contain the signatures and Social Security numbers of at least ten
percent of the eligible CSEA voters, not to exceed 450.
Petition forms a r e available in the Region VI office. Petitions must be filed by certified mail, return receipt requested, with the Office of the Executive
Director, CSEA, 33 Elk Street, Albany. New York 12207.
THE PUBLIC SECTOR, WecfrTe<^d^>'Mnrth
VT/'I
The disgraceful abuse
of Medicaid funds for
union-busting efforts
NEW YORK — James J. Moore, president of Central Region V of
the Civil Service Employees Association, has blasted the use of federal
and state medicaid money to hire private management consultants to
prevent health care workers from organizing and to ease transfer of
hospitals from public to private ownership.
Testifying before the State Assembly's Labor Committee, Moore
called these consultant practices "a dangerous retreat from accountability, responsibleness and patient-centered care".
The Medicaid program, which is intended to finance health care for
low income people, is 50% federally funded, with the remaining money
supplied by state and local government.
Moore told the committee, "As federal Medicaid dollars continue to
decrease, local governments will become increasingly vulnerable to the
cost-cutting {>romises of employee relations hucksters and modem
management mercenaries."
The Reagan Administration's proposed budget cuts would reduce
Medicaid funds by $100 million this year and by $1 billion in 1982.
Moore, himself a state health care employee for 12 years, cited
several examples of management consultant abuses in Central New
York. The Utica-area native added, "The Medicaid program was nevei#
intended to be an income transfer program that takes from working
people and gives to lawyers, management psychologists and profiteering consultants."
The complete testimony given by Moore before the State Assembly
Labor Committee hearing conducted by committee chairman
Assemblyman Frank J. Barbaro is reprinted here for the information of
CSEA's membership, more than 50,000 of whom are health care
workers in the public sector throughout New York State.
Moore hits several consulting firms
engaged In medicaid-funded union bustin
I a m J a m e s J . Moore, president of Region V — and statewide vicepresident — of The Civil Service E m p l o y e e s Association, Local 1000, A m e r i c a n
F e d e r a t i o n of S t a t e , County and Municipal E m p l o y e e s . On behalf of our m o r e
than 225,000 m e m b e r s a c r o s s the s t a t e — a p p r o x i m a t e l y 50,000 of whom work
in public sector health-related jobs — I would like to c o m m e n d A s s e m b l y m a n
B a r b a r o and the e n t i r e c o m m i t t e e for p e r f o r m i n g this valuable service on
behalf of workers, c o n s u m e r s , and the tax-paying public.
Now is an opportune t i m e to consider the a p p r o p r i a t e n e s s of enriching
high-powered " e m p l o y e e relations c o n s u l t a n t s " with public funds intended to
m e e t the health c a r e needs of the old, the sick, and the poor. Under the Reagan
a d m i n i s t r a t i o n ' s budget proposals, medicaid a l l o t m e n t s to the s t a t e s will be
slashed 100 million dollars below the fiscal y e a r 1981 spending e s t i m a t e , and
one billion dollars below p r o j e c t e d expenditures for 1982. T h e r e a f t e r , medicaid
a l l o t m e n t s to the s t a t e s would be capped, rising only with the r a t e of inflation.
As a result. New York S t a t e ' s ability to m e e t the health c a r e needs of its
residents would be severely impaired. Under these c i r c u m s t a n c e s , the
diversion of limited and inadequate public funds a w a y f r o m health services for
the needy, and into the hands of professional union-busters would be unconscionable. Even in the best of times, profiteering consultants who thrive on
. . profiteering consultants who thrive on suspicion and conflict, polarization, terror tactics and threats have no legitimate
place on the public payroll.'
suspicion and conflict, polarization, t e r r o r t a c t i c s and t h r e a t s have no
l e g i t i m a t e place on the public payroll.
The activities of " e m p l o y e e relations consulting f i r m s " have been well
documented in oversight hearings before the U.S. House of R e p r e s e n t a t i v e s
C o m m i t t e e on Education and Labor in D e c e m b e r 1979. Testimony, s a m p l e
l i t e r a t u r e , legal d o c u m e n t s and letters revealed the often unscrupulous, disruptive and i n f l a m m a t o r y t a c t i c s that a r e the stock and t r a d e of m o d e r n day
union busters. While such f i r m s have been active in New J e r s e y , California,
North Carolina, Michigan, Pennsylvania and M a s s a c h u s e t t s , m a n y a r e headq u a r t e r e d right h e r e in New York. Modern M a n a g e m e n t Methods, an Illinois
based " e m p l o y e e relations f i r m " and perhaps the m o s t notorious, has been especially active in health facilities in u p s t a t e New York.
3M's 1979 anti-union activities at Corning Hospital w e r e judged to be so obnoxious by supervisors, head nurses, and even a d m i n i s t r a t o r s , that the f i r m
was reportedly dismissed during the middle of an organizing campaign. At St.
J o s e p h ' s Hospital in Syracuse, supervisors w e r e p r e s s u r e d by consultants to
hold captive m e e t i n g s with individual subordinates on a daily basis, and
w o r k e r s w e r e detained repeatedly a s p a r t of an o r c h e s t r a t e d p a t t e r n of intimidation. And at the Cohoes Nursing H o m e outside of Albany, consultant tacPage 12
THE PUBLIC SECTOR, Wednesday, February 6, 1981
tics included pulling nursing staff off the floors for indoctrination meetings, in
c o m p l e t e disregard of patient needs or sound s t a f f i n g p r a c t i c e s .
The use of labor relations consultants, however, has not been limited t ^ h e
p r i v a t e sector. While developing plans to t r a n s f e r Tompkins County Hospital in
I t h a c a , New York f r o m public to p r i v a t e ownership, the hosptial's board of
m a n a g e r s retained the Syracuse labor law f i r m of Bond, Schoeneck, and King
to work on certain unspecified employee-related issues — this despite the f a c t
that the hospital and the county both m a i n t a i n e d full-time personnel
'As federal Medicaid dollars continue to decrease, local
governments will become increasingly vulnerable to the costcutting promises of employee relations hucksters and modern
management mercenaries.'
€
d e p a r t m e n t s . The cost of these unspecified professional services a r e e s t i m a t e d
to have cost between 5,000 and 15,000 dollars in the f i r s t y e a r alone.
While union busters have lined their pockets through s y s t e m a t i c
timidation of health c a r e w o r k e r s in the p r i v a t e sector, the public sector offers
a lucrative source of additional profits. The D e l a w a r e Law School, for exa m p l e , has used scare-tactic mailings in an e f f o r t to s t a m p e d e public sector
personnel o f f i c e r s into enrolling in expensive anti-union s e m i n a r s . As f e d e r a
medicaid dollars continue to d e c r e a s e , local g o v e r n m e n t s will b e c o m e increasingly vulnerable to the cost cutting p r o m i s e s of employee r e l a Ä n s
h u c k s t e r s and modern m a n a g e m e n t m e r c e n a r i e s .
The use of union busting consultants, especially by county hospitals, infirm a r i e s and other health related facilities that a r e a l r e a d y organized, is only a
short step a w a y f r o m the complete t r a n s f e r of services f r o m public to p r i v a t e
auspices.
F r o m a public policy standpoint, the use of employee relations consultants
— and their close cousins, profiteering hospital m a n a g e m e n t companies —
signals a dangerous r e t r e a t f r o m accountability, responsiveness, and patient
centered care.
'Testimony, sample literature, legal documents and letters
revealed the often unscrupulous, disruptive and inflammatory
tactics that are the stock and trade of modern day union
busters.'
Consequently, while U.S. M e d i c a r e regulations recognize that " r e a s o n a b l e
expenses incurred by a provider for collective bargaining and related activities
a r e allowable c o s t s " those " c o s t s incurred for activities directly related to influencing employees regarding their right to organize or n o t . . . " a r e not reim-
T P r a
J.
MOORE.
President of CSEA Region
V, t e s t i f y i n g b e f o r e a
State Assembly Labor
C 0 n m i t t e e hearing that
m i l l i o n s of d o l l a r s in
Medicaid funds a r e being
diverted to union-busting
efforts.
Tinning program
new
treasurers is effective
with '81 union eiections
ALBANY — T r e a s u r e r s of CSEA units, locals and regions elected in
the 1981 union elections will be receiving s o m e new assistance in the perf o r m a n c e of their fiscal duties for the union.
CSEA's Board of D i r e c t o r s adopted new fiscal guidelines regulating
the use of m e m b e r s h i p dues m o n e y by all CSEA groups a t the B o a r d ' s
F e b r u a r y 19 meeting. Included in these guidelines is a new r e q u i r e m e n t
for training. The r e q u i r e m e n t b e c o m e s e f f e c t i v e with t r e a s u r e r ' s elected
in 1981 union elections.
" T h e responsibility of handling m e m b e r s h i p dues cannot be
o v e r e s t i m a t e d , " said CSEA P r e s i d e n t William L. McGowan in explaining
the new guidelines, "CSEA h a s been moving for the past several y e a r s
toward g r e a t e r accountability and m o r e professionalism in its operation.
Providing a d e q u a t e training to elected o f f i c e r s in the handling of funds is
a n e c e s s a r y p a r t of efficient union o p e r a t i o n s . "
Under the new guidelines, t h e t r e a s u r e r s of e v e r y unit, local and
region m u s t attend and c o m p l e t e a training session for t r e a s u r e r s within
sixty days of assuming office. Should this r e q u i r e m e n t not be m e t , the office of t r e a s u r e r in that local, unit, or region would be declared v a c a n t .
Local presidents a r e required under the guidelines to notify CSEA
within seven days of changes in t h e o f f i c e of t r e a s u r e r within their locals
so the training process can be established.
Dividend declared on the
supplemental life plan
by Mutual Life Company
campaigns In NYS
bursable expenses. The retention of consultants for union busting purposes is
explicitly ineligible for r e i m b u r s e m e n t under m e d i c a r e . This policy was clearly r e a f f i r m e d , and issued as a final notice in the F e d e r a l Register, by the
health c a r e financing administration on J a n u a r y 16, 1981.
T h e r e a r e other signs that the union b u s t e r s a r e being recognized for what
they really a r e . In response to 3M'S c a m p a i g n of intimidation in connection
with hospital organizing activities in Boston, the New York State School of Industrial and Labor Relations at Cornell banned the f i r m ' s r e c r u i t m e n t notices
f r o m the school's p l a c e m e n t bulletin boards. The p l a c e m e n t director indicated
that he had been instructed by the administration "riot to post job listings for
organizations that violate the school's c h a r t e r to p r o m o t e l a b o r - m a n a g e m e n t
understanding and industrial p e a c e . "
Clearly, the public funding of union busting consultants violates the inI t e r e s t s of l a b o r - m a n a g e m e n t peace, the medically needy, and the t a x p a y e r s
who foot the bill. The medicaid p r o g r a m w a s n e v e r intended to be an income
t r a n s f e r p r o g r a m that takes f r o m working people and gives to lawyers,
m a n a g e m e n t psychologists, and profiteering consultants. To the extent that
these hearings expose the magnitude of this p r o b l e m — and the t h r e a t these
m e r c e n a r i e s pose to health c a r e services in New York State — this c o m m i t t e e
will have p e r f o r m e d an e x t r a o r d i n a r y and valuable service.
On behalf of P r e s i d e n t William McGowan, and the M e m b e r s of CSEA, I
think the c o m m i t t e e for this opportunity to a p p e a r before you.
The Mutual Life Insurance Company of New York has declared the
seventh consecutive dividend on the Supplemental Life I n s u r a n c e P l a n
sponsored by CSEA. Dividend checks a r e now being mailed to the 21,584
CSEA m e m b e r s who a r e covered under the plan.
The a m o u n t of the dividend is based on the c u r r e n t dividend r a t e for
specific age groups. If you a r e under a g e 40, your dividend will be 30
percent of the p r e m i u m ; a g e 40-45, 25 p e r c e n t ; age 45-49, 12.5 p e r c e n t ;
and age 50 and over, 10 percent.
This r a t e is applied to the annual p r e m i u m s payable for the coverage
which was in e f f e c t between Nov. 1,1979, and Oct. 31,1980. P r e m i u m s for
any coverage which b e c a m e e f f e c t i v e a f t e r Oct. 31,1979, a r e not eligible
for this dividend.
The c u r r e n t dividend brings the total a m o u n t CSEA policyholiders
have received f r o m the Supplemental Life I n s u r a n c e P l a n to m o r e than
$1.3 million. The plan was installed in 1970.
Any questions regarding the dividend should be directed to the plan
administration at Bache T e r Bush & Powell, Inc., P.O. Box 956, Schenectady, N.Y. 12301.
Health care industry is
passing cost to consumer
BAL HARBOUR, FLA. — Health insurance p r e m i u m s should be used
to f i n a n c e patient c a r e , not union-busting, the A F L - Q O E x e c u t i v e Council insisted during a session h e r e in late F e b r u a r y .
The health c a r e industry is passing on the costs of its anti-union activities through higher hospital bills and higher insurance p r e m i u m s , the
council notes. Thus, c o n s u m e r s end up paying for m a n a g e m e n t consultants who specialize in t h w a r t i n g organizing and collective bargaining
in the health c a r e field.
The council noted that the pass-on of such costs is prohibited in
f e d e r a l m e d i c a l c a r e p r o g r a m s because t h e expenses of fighting unions
a r e not r e l a t e d to patient c a r e .
It urged a f f i l i a t e s " t o guard against such m i s u s e s of health insurance
f u n d s . " S t a t e and local c e n t r a l bodies w e r e urged " t o ask s t a t e insurance
c o m m i s s i o n e r s to adopt rules s i m i l a r to the f e d e r a l s t a n d a r d for private
health i n s u r e r s . "
ATTENDING A R E C E N T M E E T I N G of the Long Island Region I Mental
Hygiene Task F o r c e a r e , f r o m left, Nat Z u m t i o , CSEA Field R e p r e s e n t a t i v e ;
C h a i r m a n Bill Chacona, Pilgrim P s y c h i a t r i c Center Local 418; Anthony Bentivegna. Kings P a r k Psychiatric Center Local 411; J a m e s Forsyth, Central
Islip P s y c h i a t r i c Center Local 404; anf= Nicholas Pollicino, CSEA Field
R e p r e s e n t a t i v e . The meeting was at the Region I Satellite Office in Hauppauge.
THE PUBLIC SECTOR,
dnesday, March 11, 1981
Page 7
Representation
poses a challenge
for this Local
scattered about
the Capital city
IT IS LARGELY DUE TO THE WORK of these four dedicated officers that the Executive
Local of the CSEA remains a cohesive, functioning group. Shown from left to right are Vice
President Pat Tracey, Secretary and Second Vice President Diane Abrams, President Jan
Gregory and Treasurer Roberta Salati.
By Deborah Cassidy
ALBANY — Local leaders within the Civil Service E m p l o y e e s Assn. often
find it difficult enough to foster a spirit of unionism among m e m b e r s . But for
the Executive Local, with a m e m b e r s h i p of 300 divided between 18 s e p a r a t e
s t a t e agencies throughout the City of Albany, this is a real and ever-present
challenge.
Ranging in size f r o m one to 90 m e m b e r s each, none of the agencies a r e
large enough to stand alone as a local. Attached to an established local, the
agency workers would f a c e the difficulties of being virtually m e m b e r s a t
large. The only solution was to pool the agencies together as a single local.
Only through an emphasis on communications and widespread representation" and a continuing e f f o r t to m a k e CSEA visible, do the agencies function
as a cohesive local, says Executive Local P r e s i d e n t J a n Gregory.
" T h e officers work hard a t being informed and keeping the m e m b e r s informed. E v e r y agency has a role in the decision making. And the m e m b e r s a r e
not given a chance to forget that CSEA is their union," she said.
Communications a r e handled by phone and mail. Any meeting notices a r e
sent in the mail and followed by a telephone call f r o m one of the officers.
Keeping to a strict once a week schedule one of the officers calls each
agency representative to check on m a t t e r s . The officers themselves m e e t once
a month and c o m m u n i c a t e by phone weekly.
" E v e n when business is slow, we stay in c o n t a c t , " says first vice-president
P a t Tracey. " S o m e t i m e s it s e e m s like all our break t i m e is spent on the phone
or preparing mailings, but t h e r e ' s no other w a y . "
While the local does not have an established newsletter, news r e l e a s e s a r e
sent out when required, as in the c a s e of m a j o r union or grievance decisions or
events.
At election time, candidates a r e sought f r o m five different agencies, to
have the m a x i m u m representation. In addition, each agency is appointed a
r e p r e s e n t a t i v e and an a l t e r n a t e to attend local board meetings every six
weeks. These sessions a r e also open to individual m e m b e r s who wish to attend.
The meetings, Gregory says, o f f e r everyone an opportunity to speak out, to
gather information and participate in decision-making.
All the representatives a r e encouraged to attend any region or statewide
workshops and s e m i n a r s in order to bring information back to their m e m b e r s
and to become f a m i l i a r with the union, on other levels.
The CSEA m e m b e r s h i p packets, which provide a wealth of information
about the union and its benefits, a r e used extensively in this local. The officers
continually supply the shop s t e w a r d s and representatives with the packets, especially when new benefits b e c o m e available.
Similarly, promotional items, such as key chains and sewing kits a r e distributed freely.
"It is surprising what e f f e c t these i t e m s can h a v e , " said Tracey. "Thev
keep the union visible. However small they a r e tangible proof of CSEA. We really
really believe this is i m p o r t a n t to our m e m b e r s h i p .
Finally, the local officers rely on social events — annual s u m m e r and
winter gatherings — to r e m a i n in contact with the m e m b e r s . These events also
encourage m e m b e r s of d i f f e r e n t agencies to get to know one another.
"Social activities provide the m e m b e r s with a chance to s h a r e their concerns about the union and w o r k , " said Second Vice-President and S e c r e t a r y
Diane A b r a m s . "While m e m b e r s of most other locals have this contact on a
daily basis, we have to c r e a t e an opportunity for i t . "
Though the officers feel their a t t e m p t s to hold this s c a t t e r e d local together
a r e successful, they find t h e r e a r e drawbacks.
An obvious one is the amount of paperwork and footwork involved in keeping pace with the m e m b e r s h i p .
Another is the lack of contact with the grassroots m e m b e r s . " T h e contact
is just not t h e r e , " said Gregory. " I t c a n ' t be helped. We have to deal through
representatives and s t e w a r d s in order to be efficient. But you lose something
when you believe this is important to our membership."
IP charge protests
altered salary scale
NEWBURGH — An improper practice charge has been
filed against the City/Newburgh School District by CSEA,
protesting to the Public Employment Relations Board that
on Jan. 6, the Board of Education, "unilaterally altered the
salary schedule during the term of the existing collective
bargaining agreement" of six clerical positions.
CSEA Unit President Frank LaRocca explained that the
action has the effect of weakening the bargaining unit and
noted that all negotiable items between both parties were
settled effective July 1,1979, when the current contract took
effect. He added that any changes made thereafter, without,
negotiations, are improper under the Civil Service Law.
CSEA represents approximately 240 secretarial,
clerical, maintenance and service personnel in the district.
NEW LONG ISLAND ARMORIES LOCAL 253 President George Paront, right, is congratulated at his installation by, from left, CSEA Field Representative Nat Zummo, Region
I President Danny Donohue and CSEA Collective Bargaining Specialist John Conoby.
Delegates
to meet in
Syracuse
this montli
Page 8
SYRACUSE — P r e p a r a t i o n s a r e continuing for the
arrival of about 1,000 CSEA Delegates h e r e later this
month, for the convending of the 1981 CSEA Spring
Delegates Meeting.
CSEA Delegates m e e t twice each y e a r to hear
reports f r o m various CSEA C o m m i t t e e s and to establish
union policies and consider a m e n d m e n t s to the CSEA's
Constitution and By-Laws.
The Board of Directors m e e t s Sunday a t 1 p.m. a t the
Potel Syracuse and then Delegates convene for their first
I eeting at 5 p.m. at the s a m e site. Educational sessions
0.1 S o c i a l S e c u r i t y , W o r k e r s C o m p e n s a t i o n a n d
pa. i m e n t a r y procedure a r e also slated Sunday.
THE PUBLIC S t C r O R , W e d n e s d a y ; A/
t h 11, 1981
On Monday the Convention moves to the Syracuse
Civic Center w h e r e meetings continue throughout that
day and conclude on Tuesday, March 24.
A special briefing session for Delegates is being
planned by AFSCME to bring union leaders up to d a t e on
federal budget proposals by President Ronald Reagan
and the potential impact of those proposals on New York
State public employees.
As provided by CSEA's Constitution, proposed
a m e n d m e n t s to the Constitution a r e published in this
edition of The Public Sector for m e m b e r s h i p information
prior to the Delegate meeting.
•~~PCB contamination In BInghamton
'We assure you, we will not let you go
back in that building until it is safe'
— Local 002 President Chuck Eynon
CSEA REGIONAL DIRECTOR
Frank Martello advised union
members to file claims for loss or
damage to personal property, and
to keep union officials alerted to
any p r o b l e m s c o n c e r n i n g insurance claims.
OGS SENIOR ENGINEER Charles
Snedaker told members that OGS
has taken steps to prevent the theft
of state or personal property from
the contaminated building.
BINGHAMTON - On the day that
s t a t e health officials revealed t h a t additional, highly toxic c h e m i c a l s w e r e
discovered along with the previously
known PCBs contaminating the S t a t e
Office Building h e r e as a result of a
t r a n s f o r m e r explosion on F e b r u a r y 5,
CSEA officials held a m e e t i n g with
s t a t e workers displaced by the incident to a s s u r e t h e m the situation is
being closely monitored by the union.
M o r e t h a n 100 m e m b e r s of
Binghamton City CSEA Local 002
heard a variety of union representatives a s s u r e t h e m that the union is
on top of the situation. " W e a s s u r e
you, we will not let you go back in that
building until we know it's s a f e , "
assured Local 002 P r e s i d e n t Chuck
Eynon.
CSEA S a f e t y C o o r d i n a t o r N e l s
Carlson told the m e m b e r s , " O u r m a i n
concern is the safety and health of
you, and no one goes back into that
building until it is s a f e . " Speaking of
t h e a c k n o w l e d g e d e x t e n s i v e contamination of the building, Carlson
said, " W e will be satisfied when the
scientific c o m m u n i t y is s a t i s f i e d , "
but also assured m e m b e r s that the
union is monitoring the situation itself
and will require solid evidence t h a t
the building is finally " s a f e . " J u s t
when that might be is still unknown,
but the finding of additional toxic
chemicals within the facility
prompted the s t a t e to halt cleanup eff o r t s and begin a s e a r c h for an outside
p r o f e s s i o n a l t e a m to t a c k l e t h e
dangerous mission.
CSEA R e g i o n a l D i r e c t o r F r a n k
Martello told m e m b e r s that the s t a t e
will r e s t o r e any pay or leave credit
loss incurred during the t i m e the
building was first closed and
m e m b e r s w e r e off
awaiting
assignment to other work locations.
Martello also said employees should
file home owners insurance c l a i m s to
c o v e r t h e l o s s of a n y p e r s o n a l
property resulting f r o m the building
contamination.
Meanwhile, hundreds of e m p l o y e e s
a r e working at several t e m p o r a r y
work locations through
the
Binghamton a r e a . State officials say
t h e c l e a n u p will p r o b a b l y t a k e
months.
CSEA SAFETY COORDINATOR Nels Carlson assures CSEA Local 002
members that the union is carefully monitoring the state office building
situation. At right is Local 002 President Chuck Eynon.
Notice: Binghamton ompioyees
Chuck Eynon, President of Binghamton City Local 002 of CSEA,
requests all CSEA members who paid to park in the State Office
Building garage for the month of February, 1981, to contact the
CSEA satellite office, Binghamton Plaza, 33 West State Street.
CSEA is attempting to obtain refunds for employees who paid
for February parking and can produce a parking stub and permit
number. Please call the CSEA office at (607) 772-1750 and give
the following information:
Name
Job Title
Social Security number
Work Location
Parking permit number
DISPLACED WORKERS Lucille Tagliaferri of the Department of Transportation and Olga M. White of the Division of Human Rights were
among those attending the meeting to obtain information concerning the
situation.
THE PUptJC SECTOR, We^inejday, Ma.rcK 1.1, 1981
Page 9
Proposed CSEA Constitution & By-Laws revisions
REPORT OF
REVISION OF CONSTITUTION AND BY-LAWS COMMITTEE
TO THE SPECIAL DELEGATES MEETING
CIVIC CENTER
SYRACUSE, NEW YORK
MARCH 22-24, 1981
Key: Italics = New Material
Brackets = Removal of Old Material
T h e C o n s t i t u t i o n a n d B y - L a w s C o m m i t t e e h a s m e t twice since t h e A n n u a l D e l e g a t e s
Meeting in S e p t e m b e r / O c t o b e r , 1980. T h e m e e t i n g d a t e s were D e c e m b e r 12, 1980 a n d
F e b r u a r y ß, 1981. Hecau.se of t h e limited t i m e a v a i l a b l e a t t h i s Special D e l e g a t e s M e e t i n g ,
t h e C o m m i t t e e is r e p o r t i n g on completed work only a n d all o t h e r a m e n d m e n t s will l)e
reported o u t a t a f u t u r e meeting.
Till-: F O L L O W T N C I T E M IS P R E S E N T E D T O T H E D E L E G A T E S F O R A
SECOND R E A D I N ( ; A N D IF PASSED, W I L L H E C O M E P A R T O F T H E CSEA
CONSTITUTION:
T h e following a m e n d m e n t to Article VTII w a s s u b m i t t e d t o t h e C o m m i t t e e by t h e
S t a t e w i d e Officers by m e m o r a n d u m d a t e d M a y 15, 1980:
" A R T I C L E VIII
DELE(JATES
M e m b e r s of each local shall elect f r o m their m e m b e r s h i p o n e or m o r e d e l e g a t e s to
represent t h e meml>ers of t h e local at all m e e t i n g s of t h e Association, e x c e p t t h a t t h e local
pre.sident shall, by v i r t u e of t h a t office, a u t o m a t i c a l l y be d e s i g n a t e d a s a d e l e g a t e . Prior t o
[.Iun(! 1st] July lf)th of each y e a r , each local shall file with t h e S e c r e t a r y of t h e Association
an a c c u r a t e list c o n t a i n i n g t h e n a m e s a n d a d d r e s s e s of its d e l e g a t e s f o r t h e e n s u i n g y e a r ,
a n d n a m e s a n d addresses of a l t e r n a t e delegates m a y be s u b m i t t e d t o t h e S e c r e t a r y
t h e r e a f t e r . " RP:ST O F A R T I C L E R E M A I N S T H E S A M E .
E x p l a n a t i o n : T h e S t a t e w i d e Officers u n a n i m o u s l y r e c o m m e n d e d t o t h e C o m m i t t e e
t h a t consideration be given to c h a n g i n g t h e e f f e c t i v e d a t e for s u b m i s s i o n of n a m e s of
delegates from J u n e 1st t o J u l y 15th. M a n y locals elect their d e l e g a t e s a t t h e s a m e t i m e
officers are elected, which is usually d u r i n g t h e m o n t h of J u n e . If a r e p o r t m u s t be given to
H e a d q u a r t e r s by J u n e 1st, it will p r o b a b l y t h e r e a f t e r h a v e t o b e a m e n d e d since d e l e g a t e s
will be elected a f t e r J u n e 1st a n d before J u l y 1st. Based u p o n this, t h e C o m m i t t e e f i n d s
merit in t h e proposed a m e n d m e n t a n d r e c o m m e n d s a d o p t i o n of s a m e .
T H E FOLLOWINC. I T E M S A R E P R E S E N T E D T O T H E D E L E G A T E S BY T H E
C O M M I T T E E AS P R O P O S E D A M E N D M E N T S T O T H E C O N S T I T U T I O N . T H E
PRESENTATION TO T H E DELEC.ATES AT T H I S M E E T I N G C O N S T I T U T E S A
FIRST READING OF T H E S E A M E N D M E N T S .
( I ) T h e following a m e n d m e n t s to Article IV, S{;ction 5 a n d A r t i c l e V I , Section 1 were
s u b m i t t e d to t h e Committed' bv t h e N o m i n a t i n g C o m m i t t e e .
" A R T I C L E IV
OIUJANIZATION OF T H E ASSOCIATION
Section 5. O F F I C E R S .
(b) .N'OMIN.ATIONS. [ . \ N o m i n a t i n g C o m m i t t e e shall b e elected a s follows:] The
Sidieu'ide Xnnunatiuy dommittefK shall he eleclcd for a one year term as follows:
1. For (hose eleriUm years in which the four Statewide officers are elected, [F]] «ach Region
shall n o m i n a t e for [ s a i d ] the State-wide Xotninatiny
[ c ] C o m m i t t e e a t least s e v e n (7)
m e m b e r s who h a v e been m e m b e r s of C S E A for a t least t w o (2) y e a r s .
2. T h e E x e c u t i v e Board of each Region shall elect thret? (.i) m e m b e r s f r o m t h e seven
(7) nominees, [ t w o of w h o m shall l)e s t a t e m e m b e r s a n d o n e a c o u n t y m e m b e r ] no more
than two of ivhom shall he a state or county member, e x c e p t in t h e M e t r o p o l i t a n R e g i o n w h i c h
shall h a v e t h r e e (,i) s t a t e division m e m b e r s . Such election shall he by secret ballot.
.H. [Such ele(!tion shall be by secret ballot.] T h e n a m e s of t h e c o m m i t t e e m e m b e r s
selected by t h e v a r i o u s Regions shall be filetl with t h e S e c r e t a r y a n d E x e c u t i v e D i r e c t o r of
t h e A.ssociation not later t h a n J a n u a r y 1st of the election year. [ T h e N o m i n a t i n g
( ' o n m i i t t e e shall .select a t least two nominees for t h e offices of P r e s i d e n t , E x e c u t i v e Vice
President, S e c r e t a r y a n d T r e a s u r e r . T h e S t a t e Division m e m b e r s of t h e N o m i n a t i n g
( ' o m m i t t w shall al.so select a t least two nominees for each position on t h e S t a t e E x e c u t i v e
C o i m n i t t e e . In all castas an i n c u m b e n t shall be one of said n o m i n e e s if t h e i n c u m b e n t
consents to become a c a n d i d a t e . N o nominee shall be eligible a s a c a n d i d a t e for m o r e t h a n
one s t a t e w i d e office.]
4- The Statewide Xominatitu/ Committee shall select at least two (2) nominees for the
offices of President, Executive Vice President, Secretary and Treasurer. In all cases an
nicunihetd, upon consent and if otherwise eliyihle, shall he one of said nominees. No nominee
shall he clif/ihle as a candidate for more than one (1) statewide office.
f). For those election years in u'hich the Slate Executive Committee is elected, each Region
shall nominate for the Statewide Xomituitiny Committee at least seven (7) state members who
have been members of CSEA for at least two (2) years.
f>. The Execittive Board of each Region shall elect three (3) members from the seven (7)
nominees. Such election shall he by .secret ballot.
7. The names of the committee members selected by the various Regions shall be filed with
the Secretary and Executive Director of the Association
not later than January
1st of the
election year.
S. The Stateivide Nominating Committee shall select at least two (2) nominees for each
position tm the State Executive Committee. In all cases an incumbent, upon consent and if
otherwise eligible, .shall be one of said nominees.
N o person shall be eligible for n o m i n a t i o n unless t h a t p e r s o n shall h a v e been a
m e n i b e r in g(K)d s t a n d i n g of t h e Association on or In^fore J u n e 1st of t h e y e a r p r e c e d i n g t h e
year in which [ a n ] the election is held. T h e Statewide N o m i n a t i n g C o m m i t t e e shall file its
report with t h e S e c r e t a r y a n d E x e c u t i v e D i r e c t o r of t h e Association no l a t e r t h a n M a r c h
1st of the election year, a n d shall s i m u l t a n e o u s l y n o t i f y all c a n d i d a t e s of t h e i r n o m i n a t i o n
by certified mail, r e t u r n receipt retjuested. N o m i n e e s w h o desire t o decline shall d o so no
later t h a n M a r c h 2()th of the election year by n o t i f y i n g t h e S e c r e t a r y a n d E x e c u t i v e
Director of t h e Ass(M'iation by registered or certified mail, r e t u r n r e c e i p t r e q u e s t e d . T h e
Statewide N o m i n a t i n g C o m m i t t e e in t h e e v e n t of a v a c a n c y c r e a t e d b y a d e c l i n a t i o n or
otherwise by M a r c h 20th of the election year shall n a m e [ a ] s u b s t i t u t e n o m i n e e s a n d file
a n d report said nominees to t h e S e c r e t a r y a n d t h e E x e c u t i v e D i r e c t o r no l a t e r t h a n April
15th of the election year. T h e new nominees shall be n o t i f i e d b y registered mail, r e t u r n
receipt requested, on or before April I 5 t h of the election year. N o meml>er w h o agrees t o
serve on t h e Statewide N o m i n a t i n g C o m m i t t e e shall l)e eligible f o r n o m i n a t i o n or elet^tion
to a n v s t a t e w i d e office or to t h e S t a t e or C o u n t y E x e c u t i v e C o m m i t t e e s .
(c) I N D E P E N D E N T N O M I N A T I O N S . N o m i n a t i o n s for P r e s i d e n t , FIxecutive Vice
President, S e c r e t a r y a n d T r e a s u r e r m a y also be m a d e by official p e t i t i o n p r o v i d e d by t h e
E x e c u t i v e D i r e c t o r of t h e Ajssociation u p o n w r i t t e n r e q u e s t of a n y m e m b e r . S u c h p e t i t i o n s
shMt Ix' sigiuHl b y n><t U^i^s -^tOVtwo ixTcet'it (2%) of t h e m e m b e r s of t h e Assocuatjon. T h e
Page
12
THE PUBLIC SECTOR, Wednesday, February 10, 1981
n a m e s of such c a n d i d a t e s shall be p r i n t e d on t h e official ballot if such n o m i n a t i o n s are filed
w i t h t h e S e c r e t a r y a n d t h e E x e c u t i v e D i r e c t o r of t h e Association on or before April 15th
[in t h e y e a r of t h e e l e c t i o n ] of the election year.
Nominations for members of the State Executive Committee may also be made by official
petition provided by the Executive Director of the Association upon written request of any
member. The petition must be signed by not less than ten percent (10%) of the members in the
Department making such nominations but in no event will more than
valid signatures he
required. The names of such candidates shall be printed on the official ballot if such
nominations are filed with the Secretary and Executive Director of the Association on or before
April Iftlh of the election year.
( d ) T h e B o a r d of D i r e c t o r s s h a l l w i t h i n r e a s o n a b l e l i m i t s a u t h o r i z e t h e
r e i m b u r s e m e n t of t r a v e l expenses for d u l y n o m i n a t e d c a n d i d a t e s for the four statewide
officers [ a s herein specified] of the
Association."
" A R T I C L E VI
STATE DIVISION
Section 1. S T A T E E X E C U T I V E C O M M I T T E E . T h e power a n d a u t h o r i t y to
t r a n s a c t business r e l a t i n g to s t a t e employees shall, except as provided herein, be vested in
a S t a t e E x e c u t i v e (Committee. T h e S t a t e E x e c u t i v e C o m m i t t e e shall consist of t h e officers
of t h e Association, a n d one r e p r e s e n t a t i v e f r o m each S t a t e D e p a r t m e n t . T h e J u d i c i a r y ,
t h e S t a t e U n i v e r s i t y , t h e W a t e r f r o n t C o m m i s s i o n a n d s t a t e public a u t h o r i t i e s as one unit,
shall be d e e m e d S t a t e D e p a r t m e n t s . T h e F'aculty S t u d e n t Associations a n d T e a c h e r s '
R e t i r e m e n t S y s t e m shall as a u n i t be deemed a S t a t e D e p a r t m e n t . In a d d i t i o n to the
foregoing, each S t a t e D e p a r t m e n t with m o r e t h a n 3,000 m e m b e r s as of J a n u a r y 1 in t h e
y e a r of an election shall for t h e t e r m of office beginning t h e following J u l y , be entitled to
o n e r e p r e s e n t a t i v e on t h e S t a t e E x e c u t i v e C o m m i t t e e for each 3,000 m e m b e r s or m a j o r
f r a c t i o n thereof. T h e S t a t e E x e c u t i v e C o m m i t t e e shall elect f r o m its m e m b e r s h i p one
m e m b e r t o be k n o w n a s t h e C h a i r p e r s o n of t h e S t a t e E x e c u t i v e C o m m i t t e e . T h e S t a t e
E x e c u t i v e C o m m i t t e e m a y c r e a t e one or m o r e s u b c o m m i t t e e s to p e r f o r m such d u t i e s as
t h e S t a t e E x e c u t i v e C o m m i t t e e shall delegate. P]ach d e p a r t m e n t r e p r e s e n t a t i v e shall be
elected by ballot by t h e m e m b e r s in t h a t p e r s o n ' s d e p a r t m e n t in t h e m a n n e r prescribed in
t h e B y - L a w s . N o person shall be eligible for n o m i n a t i o n unless t h a t person shall h a v e been
a m e m b e r in good s t a n d i n g of t h e Association on or before J u n e 1st of t h e y e a r preceding
t h e y e a r in which t h e election is held. T h e y shall hold office for a t e r m of t w o y e a r s or until
their successors shall h a v e qualified. C o m m e n c i n g with t h e t e r m of office beginning J u l y 1,
1983 a n d each t e r m t h e r e a f t e r , t h e t e r m of office shall be t h r e e years. Vacancies in t h e
office of t h e S t a t e D e p a r t m e n t r e p r e s e n t a t i v e s including t e r m i n a t i o n of e m p l o y m e n t with
t h e D e p a r t m e n t m a y be filled for t h e r e m a i n d e r of t h e t e r m by m e m b e r s of t h e Association
e m p l o y e d in such d e p a r t m e n t a t a special election to be called by t h e Board of D i r e c t o r s
within f o u r t e e n d a y s a f t e r t h e first m e e t i n g of t h e Board s u b s e q u e n t to t h e time t h a t such
v a c a n c i e s occur u n d e r t h e rules established by t h e B o a r d ; however, where the unexpired term
of office is six ((!) months or less, the President of the As,sociation may fill such vacancy without
an election. N o s t a t e w i d e officer shall be eligible for n o m i n a t i o n to or serve as an elected
m e m b e r of t h e S t a t e E x e c u t i v e C o m m i t t e e except for t h e 1981 elections in which ca.se a
m e m b e r m a y be a c a n d i d a t e for s t a t e w i d e office (Region P r e s i d e n t ) a n d a c a n d i d a t e for
m e m b e r of t h e S t a t e E x e c u t i v e C o m m i t t e e ; however, a m e m b e r elected to both positions
shall be ineligible t o serve in b o t h c a p a c i t i e s . "
[ " S e c t i o n 2. N O M I N A T I O N S . T h e S t a t e Division m e m b e r s of t h e N o m i n a t i n g
( - o m m i t t e e selected in a c c o r d a n c e with Article 1\', Section 5 of this C o n s t i t u t i o n shall
c o n s t i t u t e t h e N o m i n a t i n g (Committee for t h e S t a t e E x e c u t i v e C o m m i t t e e . T h e y shall file
with t h e S e c r e t a r y a n d t h e E x e c u t i v e D i r e c t o r of t h e Association on or before M a r c h 1st in
t h e y e a r of t h e election a t least t w o n o m i n a t i o n s for each s e a t on t h e S t a t e E x e c u t i v e
( k ) m m i t t e e . N o m i n e e s who desire to decline shall do so no later t h a n M a r c h 20th by
n o t i f y i n g t h e S e c r e t a r y a n d t h e E x e c u t i v e D i r e c t o r of t h e Association by registered or
certified mail, r e t u r n receipt r e q u e s t e d . T h e N o m i n a t i n g C o m m i t t e e shall file with t h e
S e c r e t a r y a n d t h e E x e c u t i v e D i r e c t o r a s u b s t i t u t e n o m i n a t i o n to assure a t least two
n o m i n a t i o n s for each office no later t h a n April 1 5 t h . " ]
NoUv T h i s section is now covered u n d e r Article IV, Section 5 (b) N O M I N A T I O N S ,
paragraph 8 and the subsequent unnumbered paragraph.
[ " S e c t i o n 3! I N D E P E N D E N T N O M I N A T I O N S . N o m i n a t i o n s for m e m b e r s of t h e
S t a t e E x e c u t i v e C ' o m m i t t e e m a y also be m a d e by official petition provided by t h e
E x e c u t i v e D i r e c t o r of t h e Association u p o n w r i t t e n request of a n y m e m b e r . T h e petition
m u s t be signed by n o t less t h a n ten percent (10%) of t h e m e m b e r s in the D e p a r t m e n t
m a k i n g such n o m i n a t i o n s b u t in no e v e n t will m o r e t h a n 450 valid s i g n a t u r e s be required.
T h e n a m e s of such c a n d i d a t e s shall be p r i n t e d on t h e official ballot if such n o m i n a t i o n s are
filed with t h e S e c r e t a r y a n d t h e E x e c u t i v e D i r e c t o r of t h e Association on or before April
15th."]
N o t e : T h i s section is now covered u n d e r Article I \ ' , Section (c) I N D F I P E N D E N T
N O M I N A T I O N S , second p a r a g r a p h .
Section [ 4 ] r e n u m b e r e d to Section 2 IX)CALS.
E x p l a n a t i o n : T h e s e a m e n d m e n t s r e p r e s e n t technical c h a n g e s which are necessary in
o r d e r to c o n f o r m with t h e new staggered election p r o c e d u r e c u r r e n t l y in effect. T h e
a m e n d m e n t s r e m o v e t h e o u t d a t e d p r o c e d u r e for t h e election of one n o m i n a t i n g c o m m i t t e e
t o h a n d l e n o m i n a t i o n s for S t a t e w i d e offices as well as Region offices since these elections
a r e now held in d i f f e r e n t years. T h e ( ' o m m i t t e e recomrnends a d o p t i o n of these
amendments.
(2) T h e following a m e n d m e n t to Article V I I , Section 2 was s u b m i t t e d to t h e C o m m i t t e e by t h e N o n - T e a c h i n g School District E m p l o y e e s C o m m i t t e e :
" A R T I C L E VII
COUNTY DIVISION
Section 2. L O C A L S .
(a) L O C A L S . A local m a y be f o r m e d by m e m b e r s in t h e C'ounty Division in a n y count y , or in a n y region c o n t a i n i n g one or m o r e counties, upon t h e a p p r o v a l by t h e Board of
D i r e c t o r s of t h e (Constitution a n d B y - L a w s of such local. O n e Local for n o n - t e a c h i n g
e m p l o y e e s of school d i s t r i c t s m a y be f o r m e d in each c o u n t y provided [ f i f t y p e r c e n t of t h e
eligible school d i s t r i c t u n i t s , ] that units which represent at least f i f t y percent of the school liistrict members, b u t in no e v e n t less t h a n 200 school district m e m b e r s , shall r e q u e s t formulation thereof." R E S T O F S E C T I O N R E M A I N S T H E SAME.
E x p l a n a t i o n : T h e e f f e c t of this a m e n d m e n t would p r o v i d e t h a t C o u n t y E d u c a t i o n a l
L()(!als m a y be f o r m e d in those c o u n t i e s w h e r e u n i t s which r e p r e s e n t a t least f i f t y p e r c e n t
of t h e school d i s t r i c t m e m b e r s petition to form t h e Local. U n d e r t h e c u r r e n t provision, a
Local m a y be f o r m e d u p o n t h e p e t i t i o n i n g of f i f t y percent of t h e u n i t s regardle.ss of the
n u m b e r of m e m b e r s which t h e y represent. T h e e f f e c t is t h a t u n i t s which represent a
m i n o r i t y of school d i s t r i c t e m p l o y e e m e m b e r s control w h e t h e r or not a school district local
m a y be f o r m e d . T h i s a m e n d m e n t would correct this inequity a n d t h e C o m m i t t e e
recommends adoption.
to be considered by union delegates in Syracuse
(3) T h e following is a n a m e n d m e n t t o Article V I I I D E L E G A T E S . T h e issue of Locals
s p l i t t i n g their v o t e has been d e a l t w i t h in a v a r i e t y of w a y s on t h e floor of D e l e g a t e s '
meetings. A research of t h e record indicates t h a t rulings by chairpersons h a v e been m a d e
to f)ermit t h e splitting of t h e votes a n d t o p r o h i b i t t h e splitting of t h e votes. R e c e n t l y ,
Region P r e s i d e n t G r i p p e r focused on t h i s issue in a letter to his E x e c u t i v e C o m m i t t e e , as
well as t h e S t a t e w i d e Officers a n d C o u n s e l . A review of t h e letter, as well as t h e C o m m i t t e e ' s o b s e r v a t i o n s a t Delegates' m e e t i n g s , h a s p r o m p t e d t h e C o m m i t t e e t o s u b m i t t h e
following a m e n d m e n t :
" A R T I C L E VIII
DELEGATES
M e m b e r s of each local shall elect f r o m t h e i r m e m b e r s h i p one or m o r e delegates to
r e p r e s e n t t h e m e m b e r s of t h e local a t all m e e t i n g s of t h e Association, except t h a t t h e local
p r e s i d e n t shall, by v i r t u e of t h a t office, a u t o m a t i c a l l y be d e s i g n a t e d as a delegate. P r i o r to
J u n e I s t of each y e a r , each local shall file w i t h t h e S e c r e t a r y of t h e Association a n a c c u r a t e
list c o n t a i n i n g t h e n a m e s a n d addresses of its d e l e g a t e s for t h e ensuing y e a r , a n d n a m e s i
a n d addresses of a l t e r n a t e delegates m a y be s u b m i t t e d t o t h e S e c r e t a r y t h e r e a f t e r . Such
d e l e g a t e or delegates shall h a v e one v o t e for each h u n d r e d m e m b e r s or f r a c t i o n thereof in
such local, based u p o n t h e paid m e m b e r s h i p in t h e Association on t h e first d a y of J u n e
preceding t h e meeting. T h e n u m b e r of v o t e s each local or d e p a r t m e n t is e n t i t l e d to c a s t
shall be d e t e r m i n e d by t h e M e m b e r s h i p C o m m i t t e e . M e m b e r s in t h e S t a t e Division who
a r e n o t e n t i t l e d t o r e p r e s e n t a t i o n by Local D e l e g a t e s p u r s u a n t to this section shall be
r e p r e s e n t e d a t all meetings of the Association by m e m b e r s of t h e S t a t e E x e c u t i v e C o m m i t t e e as delegates representing each of t h e S t a t e D e p a r t m e n t s , a n d each such d e l e g a t e
shall h a v e one v o t e for each one h u n d r e d m e m b e r s , or f r a c t i o n thereof, in t h e d e p a r t m e n t
f r o m which t h e delegate was elected, excluding those m e m b e r s w h o are r e p r e s e n t e d by
Local Delegates as provided in this section. All o t h e r m e m b e r s of t h e B o a r d of D i r e c t o r s
.shall h a v e all t h e rights a n d privileges of d e l e g a t e s a t m e e t i n g s of t h e delegates except t h e
r i g h t to vote. [ T h e v o t e s of each local or d e p a r t m e n t shall be c a s t as a u n i t unless t h e
delegates h a v e been i n s t r u c t e d to split s u c h v o t e s on a p a r t i c u l a r issue in a m a n n e r
prescribed by t h e m e m b e r s of such local or d e p a r t m e n t . ] Such delegates selected or a p p o i n t e d p u r s u a n t to this section shall h a v e a n d m a y exercise all t h e powers, r i g h t s a n d
privileges of m e m b e r s a t a n y m e e t i n g of t h e Association." R E S T O F A R T I C L E
R E M A I N S T H E SAME.
E x p l a n a t i o n : T h e effect of this a m e n d m e n t would p e r m i t Locals to split their v o t e s on
a n y issues which c o m e before t h e Delegates. T h e c u r r e n t c o n s t i t u t i o n a l l a n g u a g e p r o v i d e s
t h a t Locals m a y only split their v o t e s if d i r e c t e d to d o so by their m e m b e r s h i p . H o w e v e r ,
t h e C ' o m m i t t e e feels t h a t it is n o t a l w a y s possible for Locals t o a d d r e s s c o n v e n t i o n issues a t
m e m b e r s h i p m e e t i n g s and, therefore, t h i s r e q u i r e m e n t is u n d u l y b u r d e n s o m e . In a d d i t i o n ,
key issues a r e .sometimes raised a t D e l e g a t e s ' m e e t i n g s for t h e very first t i m e which, of
course, does n o t p r o v i d e for m e m b e r s h i p i n p u t . T h e C o m m i t t e e r e c o m m e n d s a d o p t i o n of
this a m e n d m e n t .
T H E F O L L O W I N G I T E M S A R E P R E S E N T E D TO T H E D E L E G A T E S BY T H E
C O M M I T T E E AS P R O P O S E D A M E N D M E N T S T O T H E B Y - L A W S . I F P A S S E D
AT THIS MEETING, T H E A M E N D M E N T S WILL BECOME E F F E C T I V E
IMMEDIATELY.
(1) T h e following a m e n d m e n t s to Article I I , Sections 2, 4, 5 a n d 6 are t h e result of an
a m e n d m e n t referred to C o m m i t t e e for review a n d r e c o m m e n d a t i o n by t h e S t a t e E x e c u t i v e
Committee:
" A R T I C L E II
MEETINGS
Section 2. B O A R D O F D I R E C T O R S . M e e t i n g s of t h e B o a r d of D i r e c t o r s shall be
held u p o n call of t h e P r e s i d e n t . U p o n w r i t t e n r e q u e s t of [ t e n ] twenty-five or m o r e m e m b e r s
of t h e B o a r d of Directors, t h e P r e s i d e n t shall call a special m e e t i n g of t h e B o a r d within ten
days. Such request must set forth the reason for calling the meeting and the proposed agenda.
Section 4. S T A T E E X E C U T I V E C O M M I T T E E . M e e t i n g s of t h e S t a t e E x e c u t i v e
C o m m i t t e e shall be held u p o n call of t h e P r e s i d e n t . U p o n t h e w r i t t e n r e q u e s t of [ t e n ]
fifteen or m o r e m e m b e r s of t h e S t a t e E x e c u t i v e C o m m i t t e e , t h e P r e s i d e n t shall call a
special m e e t i n g of t h e C o m m i t t e e within ten days. Such request must set forth the reason for
calling the meeting and the proposed agenda.
Section 5. C O U N T Y E X E C U T I V E C O M M I T T E E . M e e t i n g s of t h e C o u n t y E x e c u t i v e C o m m i t t e e shall be held u p o n call of t h e P r e s i d e n t . U p o n t h e w r i t t e n r e q u e s t of
Iten} fifteen or m o r e m e m b e r s of t h e C o u n t y E x e c u t i v e C o m m i t t e e , t h e P r e s i d e n t shall call
a special m e e t i n g of t h e C o m m i t t e e within ten days. Such request must set forth the reason for
calling the meeting and the proposed agenda.
Section 6. S P E C I A L M E E T I N G S .
(a) Special m e e t i n g s of t h e Association shall be held u p o n call of t h e P r e s i d e n t . U p o n
t h e w r i t t e n r e q u e s t of t w e n t y - f i v e m e m b e r s of t h e B o a r d of D i r e c t o r s , t h e P r e s i d e n t shall
call a special m e e t i n g of t h e Association w i t h i n f i f t e e n d a y s a f t e r t h e receipt of t h e w r i t t e n
r e q u e s t . Such request must set forth the reason for calling the meeting and the proposed agenda."
Explanation: After consultation with President McGowan, the Committee
r e c o m m e n d s a d o p t i o n of t h e proposed a m e n d m e n t s . T h e r e a r e c u r r e n t l y m o r e t h a n 100
v o t i n g m e m b e r s of t h e Board of Directors. C h a n g i n g t h e r e q u i r e m e n t for a special m e e t i n g
by petition f r o m 10% t o a p p r o x i m a t e l y 2 5 % of t h e m e m b e r s of t h e B o a r d is, in t h e C o m m i t t e e ' s j u d g m e n t , s o u n d . U n d e r t h e c u r r e n t provisions, it is possible for a g r o u p of ten
B o a r d m e m b e r s to petition for a special m e e t i n g . T h e a m e n d m e n t would p r o v i d e for a
b r o a d e r r e p r e s e n t a t i o n f r o m t h e B o a r d in m a k i n g t h e initial d e t e r m i n a t i o n a s t o t h e a d visability of calling for a special m e e t i n g while p r e s e r v i n g t h e ability t o call a special
m e e t i n g on serious issues since 25 s i g n a t u r e s a m o n g 100 individuals is readily o b t a i n a b l e if
t h e issue s u p p o r t s t h e calling of a special m e e t i n g . Since it is necessary for t h e P r e s i d e n t t o
locate s u i t a b l e m e e t i n g s p a c e a n d p r o v i d e t h e m e m b e r s of t h e B o a r d w i t h a n a g e n d a for
t h e special m e e t i n g , t h e proposed a m e n d m e n t s a r e reasonable. T h e s a m e a n a l o g y is
a p p l i c a b l e to t h e a m e n d m e n t s for t h e calling of m e e t i n g s for t h e S t a t e a n d C o u n t y E x e c u t i v e C o m m i t t e e s , a s well a s t h e s u b m i s s i o n of a p r o p o s e d a g e n d a for special m e e t i n g s of
t h e delegates.
(2) T h e following a m e n d m e n t t o Article I V , Section 2 is p r e s e n t e d purely for technical
reasons to i m p l e m e n t t h a t p o r t i o n of t h e Affiliation A g r e e m e n t b e t w e e n A F S C M E a n d
C S E A a d o p t e d by t h e D e l e g a t e s a t t h e J a n u a r y 22, 1981 m e e t i n g , which p r o v i d e s t h a t
C S E A will on April 1, 1982 a d o p t t h e m i n i m u m d u e s schedule p r o v i d ^ for in t h e
A F S C M E Constitution:
" A R T I C L E IV
FINANCE
Section 2. D U E S A N D A G E N C Y S H O P F E E .
(a) (1) [ T h e a n n u a l m e m b e r s h i p d u e s a n d a g e n c y s h o p fee of t h e Association shall be
e i g h t y - f o u r dollars a n d f i f t y c e n t s ($84.50) e f f e c t i v e April 1 , 1 9 7 9 . ] E f f e c t i v e April 1,1980,
t h e a n n u a l m e m b e r s h i p d u e s a n d agency s h o p fee of t h e Association shall be n i n e t y - o n e
dollars ($91.00). E f f e c t i v e April 1, 1981, t h e a n n u a l m e m b e r s h i p d u e s a n d agency s h o p fee
of t h e Association shall be one h u n d r e d four dollars ($104.00). Effective April 1, 1982, the
annual membership dues and agency shop fee of the Association shall he equivalent to the
minimum dues for local unions established by the constitution of the Association's
international
affiliate, the American Federation of State, County and Municipal Employees. M e m b e r s h i p
d u e s a n d agency s h o p fees collected by bi-weekly payroll d e d u c t i o n shall be a t t h e r a t e of
l / 2 6 t h of t h e a n n u a l a m o u n t . M e m b e r s who elect to p a y d u e s by d i r e c t p a y m e n t m a y do
so by p a y i n g t h e a n n u a l a m o u n t of t h e d u e s t o t h e Association on or before O c t o b e r 1st of
t h e fiscal y e a r for which such d u e s a r e paid. A m e m b e r who elects t o p a y d u e s by d i r e c t
p a y m e n t m a y p a y such d u e s in t w o e q u a l s e m i - a n n u a l i n s t a l l m e n t s on O c t o b e r I s t a n d
April I s t of t h e y e a r for w h i c h such d u e s a r e p a i d . "
(3) T h e following a m e n d m e n t to Article IV, Section 3 (a) is s u b m i t t e d by t h e C o m m i t t e e primarily for technical reasons a n d to p r o v i d e a c o n t i n u i t y of e n f o r c e m e n t b e t w e e n
t h e m a n d a t e d Local C o n s t i t u t i o n a n d t h e S t a t e w i d e C o n s t i t u t i o n :
" A R T I C L E IV
FINANCE
Section 3. R E F U N D A N D R E I M B U R S E M E N T .
(a) R E F U N D T O L O C A L S . E a c h d u l y organized local of t h e Association which has
complied with all of t h e provisions of t h e m a n d a t e d M o d e l Local C o n s t i t u t i o n and this Constitution and By-Laws shall receive f r o m t h e T r e a s u r e r a n a n n u a l p a y m e n t of t w e n t y - f i v e
p e r c e n t u m (25%) of t h e m e m b e r s h i p d u e s a n d t w e n t y - f i v e p e r c e n t u m (25%) of t h e agency
s h o p fees collected f r o m t h e e m p l o y e e s in such locals a f t e r t h e n e t per c a p i t a p a y m e n t to
A F S C M E , based on t h e J u n e 1st a u d i t , has been d e d u c t e d . T h e expense of t h e delegates to
regular or special m e e t i n g s of t h e Association shall be paid by t h e local f r o m such f u n d s as
hereinafter provided."
E x p l a n a t i o n : T h e S t a t e w i d e C o n s t i t u t i o n c u r r e n t l y p r o v i d e s for t h e w i t h h o l d i n g of
r e b a t e s to Locals which h a v e n o t complied with t h e m a n d a t e d M o d e l Local C o n s t i t u t i o n .
H o w e v e r , a Local which h a s complied with t h e m a n d a t e d Local C o n s t i t u t i o n b u t n o t with
t h e S t a t e w i d e C o n s t i t u t i o n is entitled to receive t h e r e b a t e . T h i s a m e n d m e n t would clarify
thi.s p a r t i c u l a r s i t u a t i o n .
(4) T h e following a m e n d m e n t t o Article V, Section 1 is s u b m i t t e d by t h e C o m m i t t e e
for technical reasons a n d to p r o v i d e c o n t i n u i t y b e t w e e n t h e m a n d a t e d Model Local,
Region a n d U n i t C o n s t i t u t i o n s with t h e S t a t e w i d e C o n s t i t u t i o n :
"ARTICLE V
EXPULSION OF M E M B E R S
Section 1. Officers or m e m b e r s m a y be served with charges by registered or certified
mail by t h e Local P r e s i d e n t u p o n a p p r o v a l of t h e Local E x e c u t i v e C o m m i t t e e , or by t h e
Regional P r e s i d e n t , or by t h e P r e s i d e n t of t h e Association for c o n d u c t d e t r i m e n t a l to t h e
best interests of t h e Association. All charges should be a p p r o v e d as t o f o r m a n d c o n t e n t by
t h e Association Counsel. A Local P r e s i d e n t m a y be served w i t h charges by registered or
certified mail by a d e s i g n a t e d c o m m i t t e e of t h e Local E x e c u t i v e C o m m i t t e e u p o n a p p r o v a l
by t h e Local E x e c u t i v e C o m m i t t e e . T h e specific a c t s for which discipline is being imposed
a n d t h e p e n a l t y proposed shall be specified in t h e charges. T h e c h a r g e s shall be accompanied by a w r i t t e n s t a t e m e n t t h a t t h e individual c h a r g e d has a r i g h t to o b j e c t b y filing an
answer by registered or certified mail to t h e Region P r e s i d e n t w i t h i n ten (10) d a y s ; a n d
t h a t t h e proposed p e n a l t y shall t a k e effect if t h e individual does n o t file a n answer within
ten (10) d a y s . W i t h i n t h i r t y (30) d a y s of receipt of t h e answer, t h e Regional P r e s i d e n t
shall a p p o i n t a n d c o n v e n e a Regional T r i a l B o a r d which shall be composed of five
m e m b e r s of t h e Regional E x e c u t i v e B o a r d e x c e p t no m e m b e r of t h e s u b j e c t m e m b e r ' s local
shall be a p p o i n t e d to t h e T r i a l B o a r d . If t h e Region P r e s i d e n t is t h e s u b j e c t of t h e c h a r g e s
by t h e Region P r e s i d e n t ' s local, t h e n t h e Regional E x e c u t i v e C o m m i t t e e shall elect its own
c o m m i t t e e of five m e m b e r s t o serve as Regional T r i a l B o a r d . A h e a r i n g will be held before
t h e T r i a l Board a t which t i m e e i t h e r p a r t y m a y be r e p r e s e n t e d by a n a t t o r n e y o t h e r t h a n
t h e regional a t t o r n e y . [ V e r b a t i m m i n u t e s shall be k e p t a n d paid for by t h e c h a r g i n g local
or region.] If t h e charges, or a n y p a r t of t h e m , a r e s u s t a i n e d , t h e T r i a l B o a r d m a y impose
a n y of t h e following penalties: r e p r i m a n d , censure, p r o b a t i o n or suspension f r o m local or
regional m e m b e r s h i p n o t exceeding one y e a r , w i t h d r a w a l of t h e right t o hold office or
w i t h d r a w a l of m e m b e r s h i p . " R E S T O F S E C T I O N R E M A I N S T H E S A M E .
E x p l a n a t i o n : T h e r e q u i r e m e n t for v e r b a t i m m i n u t e s h a s been deleted f r o m t h e model
c o n s t i t u t i o n s . Since this is a costly item a n d usually lends n o t h i n g t o t h e proceedings, t h e
a m e n d m e n t is reasonable. If desired, t h e T r i a l B o a r d can choose t o h a v e a t r a n s c r i p t . T h e
C o m m i t t e e r e c o m m e n d s a d o p t i o n of t h e a m e n d m e n t .
(5) T h e following a m e n d m e n t t o Article V I , Section 4 is t h e result of a m o t i o n by
F e l t o n K i n g m a d e a t t h e D e l e g a t e s M e e t i n g in S e p t e m b e r / O c t o b e r , 1980. M r . K i n g ' s
m o t i o n r e c o m m e n d e d t h a t t h e a d hoc W o m e n ' s C o m m i t t e e be m a d e a S t a n d i n g C o m m i t t e e of t h e Association. T h e C o m m i t t e e , a f t e r c o n s u l t a t i o n w i t h t h e W o m e n ' s C o m m i t t e e , proposes t h e following:
" A R T I C L E VI
COMMITTEES
Section 4. S P E C I A L A N D A D H O C C O M M I T T E E S . T h e S p w i a l C o m m i t t e e s of
t h e Association shall be as follows: A r m o r y , A u d i t i n g , M e m b e r s h i p , H u m a n R i g h t s ,
M e m o r i a l Scholarship F u n d , P l a q u e , Civil Service, Social Services, P r o b a t i o n , 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 , Special A u t h o r i t i e s , Women's Committee, a n d such
o t h e r c o m m i t t e e s d e s i g n a t e d by t h e P r e s i d e n t of t h e A s s o c i a t i o n . " R E S T O F S E C T I O N
REMAINS T H E SAME.
E x p l a n a t i o n : T h e W o m e n ' s C o m m i t t e e believes t h a t it would be a f f o r d e d t h e
recognition a n d p e r m a n e n c y it seeks if it were a Special C o m m i t t e e of t h e Association. O u r
C o m m i t t e e readily a c k n o w l e d g e s t h e excellent work d o n e b y t h e W o m e n ' s C o m m i t t e e a n d
r e c o m m e n d s a d o p t i o n of this a m e n d m e n t .
MISCELLANEOUS ITEMS:
T h e following a r e o p e n i t e m s on t h e C o m m i t t e e ' s a g e n d a a n d require f u r t h e r investigation a n d c o n s i d e r a t i o n :
(a) R e t i r e e Division
(b) (bounty Division r e a l i g n m e n t
Submitted by,
REVISION OF THE CONSTITUTION AND BY-LAWS
COMMITTEE
Mary Aan Bentham, Chairperson
Kiit Scott
Marie Romanelli
Carol Craig
John Francisco
Amelia Clay
Edward Ocfaenkoski
Nick Cimino
Nicholas Dellisanti
Raymond O'Connor
THE PUBLtC S £ a O R ; Wedimdoy, March H , 19B1
J..
Page 11
From politics to mothorhood...'
QWYN CLARKE
A woman of
extraordinary talent
By Richard Chernela
CSEA Communications Associate
BROOKLYN — Gwyn Clarke — telephone operator, union activist,
politician, student, t e a c h e r and m o t h e r — has established herself a s a force
to be reckoned with in Brooklyn.
Political Action Chairwoman at D o w n s t a t e Medical Center, w h e r e she
works nights a s a telephone operator, she is president of the E a s t F l a t b u s h
Citizens for C o m m u n i t y I m p r o v e m e n t , a m e m b e r of Community Planning
Board No. 17, and the first black person e v e r elected to the E a s t F l a t b u s h / C a n a r s i e C o m m u n i t y School Board.
And while building her c a r e e r in public service, she also has been
successful at juggling two jobs, raising two children, and putting t h e m and
herself through school.
" E v e r y t h i n g I ' v e worked for I've a c h i e v e d , " said Clarke, with her usual
confidence and bright smile.
Clarke f i r s t b e c a m e involved in politics in 1976 a f t e r learning the s t a t e
Division for Youth w a s going to open a group h o m e on her block. The h o m e
was to s e r v e a s a residence for adolescents who had gotten into trouble with
the law and needed a s t r u c t u r e d and highly disciplined environment.
C o m m u n i t y group homes serve an i m p o r t a n t f u n c t i o n , " said Clarke.
" B u t the c o m m u n i t y had not been i n f o r m e d of the plans to establish the
home, nor had the State gotten any input f r o m the c o m m u n i t y before making the decision."
She did s o m e r e s e a r c h and found t h a t E a s t F l a t b u s h a l r e a d y had 17
group homes, f a r m o r e than any other c o m m u n i t y in New York City. Then
she brought the issue to the local Community Planning Board, which is
responsible for monitoring the delivery of g o v e r n m e n t services to the community.
"Although we lost that battle and the group h o m e was built, the State
placed an i n f o r m a l m o r a t o r i u m on additional group h o m e s in E a s t F l a t b u s h , " Clarke said.
Gwyn C l a r k e ' s fight was worthwhile for other i m p o r t a n t reasons. "I
'Everyone told me that a
minority person could
never be elected . . . but
I felt that the real
issues affecting the
quality of education for
our children would be
more Important than
any racial Issues'
learned how g o v e r n m e n t agencies get things done, and I learned a very important lesson in politics — you have to be constantly in touch with the people in p o w e r , " she said.
H e r fight also e a r n e d her respect in her c o m m u n i t y and resulted in her
1978 a p p o i n t m e n t to the Community Planning Board serving E a s t F l a t b u s h ,
F l a t b u s h and Brownsville. She is c u r r e n t l y c h a i r w o m a n of the b o a r d ' s Housing C o m m i t t e e and t a k e s g r e a t pride in a p a r t m e n t building rehabilitation
projects.
Last y e a r , she took another plunge into politics.
N E W Q T Y — " I t w a s a hard fight
to r e t a i n w h a t we a l r e a d y h a v e , " said
Unit P r e s i d e n t Charles Maneri, " b u t
w e w e r e able to keep existing benefits
and ultimately achieve a f a i r and
equita ble s e t t l e m e n t . ' '
I t e m s retained in the new t h r e e
y e a r Town of Clarkstown c o n t r a c t included longevity, Group Health Dental I n s u r a n c e " P l a n M , " six annual
. personal d a y s and vacation leave of 30
days a f t e r five y e a r s and 35 days a f t e r
twenty y e a r s .
T h e p a c t c o v e r s n e a r l y 200
employees and w a s overwhelmingly
New City
contract
wins new,
keeps old
benefits
Page 12
THE PUBLIC SECTOR, Wednesday, February 12, 1981
" E v e r y o n e told m e that a minority person could never be elected to the
E a s t F l a t b u s h / C a n a r s i e School B o a r d , " she said. " B u t I felt that real issues
a f f e c t i n g the quality of education for our children would be m o r e i m p o r t a n t
than any racial i s s u e s . "
She w a s elected easily, becoming the first minority person ever elected
to the Board.
A CSEA m e m b e r since coming to Downstate in 1966, Clarke b e c a m e the
chairperson of the political action c o m m i t t e e of CSEA Local 646 last y e a r .
C l a r k ' s pet p r o j e c t within the Local has been voter registration.
" O n e can never o v e r s t r e s s the power of the v o t e , " she said. " B u t individual political activity shouldn't stop a f t e r you vote. E v e r y c h a n c e you
get you m u s t m e e t with your elected r e p r e s e n t a t i v e s to let t h e m know how
you feel on issues.
"If you don't, you'll be forced to a c c e p t g o v e r n m e n t actions you m a y not
a g r e e with — some that m a y greatly a f f e c t your own life. I t ' s vitally important to express yourself before the g o v e r n m e n t m a k e s its decisions."
Clarke sees organized labor a s a powerful a d v o c a t e of the political int e r e s t s of workers.
"In general, organized labor has done a good job of r e p r e s e n t i n g
w o r k e r s in the political a r e n a , " she said. " B u t with the c u r r e n t political
c l i m a t e , labor m u s t b e c o m e m o r e cohesive. CSEA m u s t also b e c o m e involved with other labor unions and unite with t h e m on issues which a f f e c t working people."
Gwyn C l a r k e ' s political a c h i e v e m e n t s a r e impressive. But equally impressive is that while working a t D o w n s t a t e as a telephone o p e r a t o r on the
midnight-to-8 a . m . shift, she has e a r n e d an Associate of Arts d e g r e e f r o m
New York City Community College, a Bachelor of Arts d e g r e e f r o m
Brooklyn College, and a M a s t e r s d e g r e e in Education f r o m Adelphi University.
Although an eight-hour workday is usually enough for anyone, Gwyn
Clarke doesn't just go h o m e and sleep a f t e r her night-long shift. She often
works a s a per d i e m substitute t e a c h e r by day.
She took a break f r o m this hectic schedule in 1979 to s e r v e as executive
director of the Learning P o s t , a sheltered workshop for mentally r e t a r d e d
teenagers.
And a s if that w e r e n ' t enough, her c o m m u n i t y service activities include
m e m b e r s h i p in the New York U r b a n League, the National Council of Negro
Women, and the alumni c h a p t e r of the Brooklyn Delta Sigma Theta community service sorority.
She also tutors people planning to take civil service e x a m s and has
played an active role in the Episcopal Charities Appeal.
Her two children a r e now attending college. Vincent is m a j o r i n g in
business administration, and Veronica, a New York State R e g e n t s
Scholarship winner, is a 16-year-old sophomore at John J a y College of
Criminal J u s t i c e .
What's ahead for the active, accomplished Gwyn Clarke? " W e ' l l see
w h a t ' s n e x t , " she says.
Given her energy, e n t h u s i a s m and record of a c h i e v e m e n t , i t ' s bound to
be something big.
r a t i f i e d , a c c o r d i n g to C o l l e c t i v e
Bargaining Specialist Ron Mazzola,
who described other m a j o r f e a t u r e s
as:
* a n n u a l w a g e h i k e s of s e v e n
percent, plus i n c r e m e n t s ;
* upgrading highway d e p a r t m e n t
e m p l o y e e s and police
radio
operators;
* establishing " s a l a r y review comm i t t e e " to investigate alleged inequities of s a l a r y plan;
* guaranteeing four hours rest
period a f t e r 16 h o u r s c o n t i n u o u s
work;
* allowing tiiree days b e r e a v e m e n t
leave for death in i m m e d i a t e f a m i l y ;
* c r e a t i n g joint l a b o r - m a n a g e m e n t
s a f e t y c o m m i t t e e , and
* settling g r i e v a n c e s by binding arbitration through the A m e r i c a n Arbitration Association.
The unit's negotiating t e a m , in addition to Maneri and Mazzola, included L o r r a i n e W e i g o l d , R o b e r t
Hollander and H a r r i e t R o t h e r m e i .
F r a n c i s X. Mascola was the town's
chief negotiator and he was cited for
h i s " p r o f e s s i o n a l i s m " by u n i o n
representatives.