President's
We stood together on the Mall. In front of us was the United States
Congress, behind us the Washington Monument. In between there was
only a mass of humanity ~ several hundred thousand American working
people willing to go out of their way to protest against the erosion of the
social progress that unions have fought for a century to achieve.
CSEA was there. More than six thousand of us standmg shoulder to
shoulder. We had marched together from a park near an empty White
House and were proud — proud to be part of Solidarity Day. This was
the first national demonstration that our union had taken part in officially, We did a hell of a good Job. Moving 6,500 people from all over the
52,000 square miles of this state to Washfiigton, D.C. is no easy Job.
Thousands of CSEA members took their own time to sit on uncomfortable buses and ride for what seemed like «idless hours Just to be a part
of a five hour demonstration. It wasn't a Junket; it was a sacrifice. But
we weren't alone. AFSCME sent about 30,000 members from New York
to the Solidarity Day protest.
We were united on the Mall. AFSCME, the United Auto Workers, the
National Association for the Advancement of Colored People, the
National Organization of Women, senior dtizen coalitions, teachers,
truckers, old people, young people, women and men of every color and
from every walk of life. They heard powerful speakers. They withstood a
cool, damp wind. They were peaceful.
CSEA has come a long way in Just a few years. It wasn't too long ago,
that a Solidarity Day demonstration would probably have gone on
Devastating Suffolk County
budget proposed - - - page 12
without us. But our union is coming of age. It really has become a union —
a living, breathing part of the organized labor movement in America, The
6,500 CSEA demonstration at Solidarity Day proved that. I am proud of
those 6,500 people an4 you should be too.
Solidarity Day wasn't an outing. It was a sincere demonstr^^tion to our
government that we know that they are trying to do to us and we will not
forget. It won't make Ronald Reagan a friend of the working man, but it
will make some Congressional opportunists think twice about climbing
aboard the Reagan express to economic disaster for millions o| middle
class Americans.
More important, perhaps, than what we showed others,, is what
we learned outselves. We stood together on the Mall in Washington as a
united coalition of working people. It was an exhilerating experience. For
the 6,500 CSEA demonstrators, it was an opportunity to feel the strength
of unity like many of them had never felt it before. They will not forget it.
We accomplished something in Washington last week that will have
real meaning for all CSEA members. We owe our thanks to the people
who left their comfortable homes and rode the buses to make Solidarity
Day happen. They are what unions are all about and they should feel
proud.
LUjjU«^
Constitution and By-Laws
proposals . . . pages 8-11
Protest awakens old memories
WHITE PLAINS - The journey of Willie
Migneault was ''spine tingling." It rustled
memories of days gone past, of times before in the
life of the retiree who remembers making $1.10 per
day.
Solidarity Day was "awesome" the logistics,
"impressive," he says. "Something maybe only
someone who was in the military could
appreciate."
He saw young and old together, people from all
trades and walks in life. They had a special bond,
reinforced perhaps by arduous journeys.
"What made the day so impressive was what
they had to go through to get here."
He walked nearly 34 blocks to avoid the crowds
in the Metro and felt, "a great thrill to see the
mall packed with people wall to wall, as far as
one could see." And he thought back to the time,
years ago, when he worked for the Armstrong
Tire Co. and took part in a sit-down that resulted
in his hourly pay rising to 50 cents.
Just like back then, he knew he had to be in-
volved, to be in Washington, "to fight to preserve w
the programs it took unions 50 years to gain." He
knows what unions have accomplished, and
emphasizes that " (they) set precedents even for
those not organized."
He recalled that in 1969, when a janitor at the
George Washington Elementary School here, his
co-workers voted to join CSEA. He freely admits
that management "forced us into a union" and
quickly adds, "Thank God they did."
In time, he would serve as unit treasurer and
unit president, never one afraid to "stand up and
be counted." Just recently, in fact, he took over
as president of Retiree Local 921.
He saw Solidarity Day as proof "our leaders
aren't out of touch . . . they have grass roots support," and expects Congress to "sit up and take
notice." He relishes a newspaper article which
refers to President Reagan's proposed cuts in
Social Security as a "hot potato" and agrees
wholeheartedly with AFL-CIO President Land
Kirkland; "we have not forgotten how to fight."
i
ölJS^H^
Public Sector to undergo
a major change . . . page 4
HIS DAY in Washington
stirred memories for
retiree Willie Migneault.
Hard times
When nearly 300 CSEA members, officers,
board members and delegates gathered this
month at the Friar Tuck Inn in Cairo for the
CSEA Capital Region's Annual Meeting, they
heard distressing and startlingly similar
messages from the Lieutenant Governor of
V I^ ^
i
They're
the State of New York, the executive director
of a large neighboring statewide AFSCME affiliate, and the Statewide President of CSEA
itself. That message was that hard times are
not just coming, they are already here.
When times get hardp public workers
are governmenrs favorite scapegoatsp
Lt. Gov. Cuomo tells the unionists
CAIRO — "It's hard times for all, especially
for the public workers,"
Lt. Gov. Mario Cuomo declared that fact to a
capacity audience of Region IV delegates that a
Republican victory along the lines of Regan's
Presidential win in next year's state gubernatorial campaign would be a complete disaster
for all working people, organized and unorganized.
"In six short months President Reagan has
divided this nation in two. He has taken from the
LT. GOV. MARIO CUOMO tells CSEA members
"It's hard times for all, especially for the public
workers." Seated to Mr. Cuomo's left is CSEA
Statewide President William L. McGowan, who
had a similar message.
poor and middle class and given to the rich. One
third of his lavish tax cut goes to five percent of
the people — the rich,"
Cuomo explained how these supposed evenhanded Federal budget cuts are taking from the
Northeast and benefiting the South. "The cuts in
Buffalo's Social Service programs is sent to Birmingham. The funds for Albany are shipped to
Florida and the dollars earmarked for Utica
ends up in Utah. School children in Clinton
County are losing a hot lunch program and the
money is going for National Defense. I'm for
National Defense, but what is really happening is
that the national policy is strengthening the expanding, non-union, modern Sunbelt at the expense of the shrinking, unionized, antiquated,
problem riddled Northeast.
"The Reagan Administratin is finding waste in
every social oriented program from food
stamps, to welfare and child care, but the Administration hasn't found one penny of waste in
the National Defense Budget. If a hard look was
taken at the Defense Budget the amount of waste
found could be used to soften the cuts in the people o r i e n t e d p r o g r a m s of the n a t i o n a l
government. That approach has not been taken
and that's wrong," the speaker said.
"In hard time," Cuomo warned, "everyone
needs to blame s o m e o n e and the public
employees are government's favorite
scapegoat."
Being philosophical for a few seconds, Cuomo
pointed out that we live in an imperfect society
and the unions serve the needs of keeping society
aware of its imperfections." One hundred year
ago, the rich got richer at the expense of the
poor. Women died trapped in a sweat shop fire,
children labored in deep coal mines, men toiled
seven days a week to make the rich richer.
Unions fought uphill battles for building codes,
labor laws and won. Our still imperfect society
still needs unions to continue the uphill battles."
With his own political future undecided,
Cuomo, who is being touted as a viable alternative to Governor Carey, if Carey should decide
not to seek re-election, told the politically powerful audience, "Find out who is on your side Tf
you don't like the answers given by
le
individual-pass him by. When you find out wh; is
on your side — work like hell for him."
The audience roared its approval.
CSEA President William L. McGowan put it
bluntly, declaring, "Yes, it's hard times."
Capital Region President Joseph E. McDermott
is at lower left.
'Now they starve
them to death..
"In ancient times they used to bury public servants alive," CSEA President William L,
McGowan noted in his opening remarks to the
banquet audience at the Capital Region's Annual
Meeting, "Now they starve them to death!"
The audience composed of bargaining battle
veterans from the fourteen counties which make
up the Capital Region along with leaders from
State and Educational CSEA Locals, appreciated
the well-honed observation of their leader,
"Yes, it's hard times," McGowan declared
chomping down on his cigar, "I get press calls
every day asking, 'What effect will the PATCO
strike, Reagan's firing of 12,000 federal public
employees, and his unilaterial offer of a 4,8
percent raise for federal civil service workers
have on CSEA's upcoming negotiations with the
State of New York?" the union chief questioned
himself rhetorically. "I give each and every
question the same answer — NO EFFECT AT
ALL!" The audience roared its approval.
McGowan pledged to negotiate a fair and
equitable contract with the state in negotiations
beginning this year.
Public employees under deep attack rigt^t now, McEntee says
"When I review the hard times we're in, it's
good to know that New York State's largest
public employee union is on our side," Gerald
McEntee, Executive Director of AFSCME Council 13, the State of Pennsylvania equivalent of
CSEA Local 1000, said in his remarks to the participants at the CSEA Capital Region Annua!
Meeting's banquet.
McEntee launched into a litany of state and city
worker unions that are undergoing management
attacks on their contracts, their benefits and
their very existence as labor organizations.
"In one situation, management is offering six
new holidays to the workers," the executive ex-
Page 1610
plained," a well-deserved improvement in their
contract. However, they're all payless holidays,
a new gimmick to help bail out a deficit!" the
hard-talking speaker exclaimed.
"In a nearby state taxpayers have seen services cut down, cut back and cut out to the point
that they are now demonstrating to stop the cuts.
But management is not listening. And in another
city, the union members are surrendering a
much needed salary increase to prevent a third
wave of layoffs from hitting the remaining work
force. Hard times aren't coming, hard times are
here," the speaker declared.
Warning the union of things to come, the
THE PUBLIC SECTOR, Wednesday, September }6, 1981THEPUBLICSECTOR,Wednesday,September16,1981Page7
veteran leader observed, "now is the time that
union members will automatically start to
blame the union, not management, for their
problems. This means that union leaders will
have to work harder, longer and more effectively
to serve the needs of the membership in
challenging situations. The first lesson we must
teach is that unions do not make problems, unions solve problems."
The AFSCME leader concluded, "while we are
in different states I find myself a little more
relaxed knowing that the giant CSEA in
neighboring New York State is now a part of our
union, AFSCME,"
already
Business session
very productive
The business session of the Annual Meeting of
the Capital Region was filled with numerous
highlights, including:
The CSEA Capital Region officers introduced
an Anti-Apartheid resolution to protest the use of
Bleecker Stadium in the City of Albany by the
South African Rugby Team the Springboks;
Copies of a proposed reorganization of CSEA
were passed out to CSEA Capital Region Board
of Directors and Delagates to allow them to
review the nine page recommendation before
any action is taken on the reorganization
proposal;
Ramona Gallagher called for support of the
AFSCME PEOPLE Political Action Campaign
Fund and following Regional President Joseph
McDermott's suggestion, CSEA Capital Region
delegates passed the CSEA hat to raise $250 on the
spot;
Carmen Bagnola, John Francisco, Jeanne
Kelso, Elizabeth Lennon, Jeanne Lyons, Joan
Tobin, Edgar Totten, Francis Wilusz, Dann
Wood and William Zippiere were all elected to
the CSEA Capital Region Executive Committee;
Twelve Committee Chairman positions were
announced. They are, Women's CommitteeJune Scott; Political Action—W. John Francisco; Activities—Marcie Donnini; B u d g e t Joseph LaFreneire; Auditing—Ellen Mirantz;
Downtown—Carol Snyder; Education—Betty
Lennon; Non-Teaching/School Unit—Mazie
Fort; County—Jeanne Kelso; Social—Jane
Perry; Uptown—Dolores Farrell and Constitution and Bylaws—Brian Ruff.
Text by Daniel X. Campbell,
CSEA Communication Associate.
A SURPRISED Jeanne Kelso, right, accepts the
1981 CSEA Capital Region President's Award
from Region IV President Josejih E. McDermott. Jeanne Kelso, President of the Clinton
County CSEA Local, was recognized for her
dedication and contributions.
SCHENECTADY COUNTY had a large contingent at the Capital Region's Annual Meeting.
Concord Tun Run'
targeted to raise
PEOPLE money
KIAMESHA LAKE - The PEOPLE Fun Run, a
political action fundraiser, will be held Wednesday, Oct.
21 at the Concord Hotel here during CSEA's 71st Annual
Delegates Meeting.
Participants will join the jogger run at the lake on the
hotel grounds at 4:30 p.m. and race around the lake, a
distance of about three miles. To run, each person must
obtain $20 in voluntary people pledges.
The pledge money will be contributed to PEOPLE —
Public Employees Organized to Promote Legislative
Equality. PEOPLE is the political action arm of
AFSCME.
"The Fun Run is just another way to raise muchneeded money for PEOPLE, and perhaps a good way to
run off some frustration against President Reagan," said
Ramona Gallagher, statewide PEOPLE Coordinator.
Awards will be presented to the first three male and
three female finishers in the race, and the region with
the most participants will receive a special prize. All
p a r t i c i p a n t s w i l l r e c e i v e a P E O P L E Tshirt.Refreshments will be served after the run.
Those interested in the run may obtain preregistration forms by contacting the Legislative Office,
Room 2020, Twin Towers, 99 Washington Ave., Albany,
N.Y. 12210. The number is (518) 465-6211. Forms may
also be picked up in advance at each region office, or at
the PEOPLE Booth at the Concord beginning Oct. 18.
All pledges should be made payable to PEOPLE and
must be collected by noon on Wednesday, Oct. 21. In accordance with Federal law, the PEOPLE Committee
will accept contributions from members of AFSCME and
their families.
pledge forms for the
Please sent me
PEOPLE RUN, October 21, 1981.
NAME
ADDRESS
ZIP-
CITY, STATE
*Mail to: CSEA Legislative Office
2020 Twin Towers
99 Washington Ave.
Albany, N.Y. 12210
Or Phone: (518) 465-6211
GERALD McENTEE, right, Executive Director
of AFSCME's Council 13 in Pennsylvania, is
greeted by Greene County CSEA Local President
Richard Canniff, left.
SECRETARY'S SEMINAR was conducted for
Region IV Local and Unit secretaries by Irene
Carr, left, CSEA's Statewide Secretary.
I cannot join the RUN, but here is my contribution to PEOPLE:
.^3.00
-$5.00
THE PUBLIC SECTOR, V^ednesdpy, September 23, 1981
410.00
Page 11,
A more efficient, effective publication at less cost starts in October'
The Public Sector changing frei|uency,
size to improve union communications
SPublic—
«SECTOR
Official publication
The Civil Service Employees
33 Elk Street, Albany, New
ALBANY — The Public Sector, the official
publication of CSEA, is taking on a new look,
more pages and a change in its publication
schedule as CSEA continues improvements in
its statewide communications program.
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 AlDerstein—Associate Editor
Gwenn M. Bellcourt — Associate Editor
Deborah Cassi'dy-Staff Writer
Dawn LePore—Staff Writer
John L. M u r p h y - S t a f f Writer
Aiden D. Lawand—Graphic D e s i ^
Dennis C. Mullahy—Production Coordinator
a
• tiinJ-Vr
Published every Wednesday by Clarity Publishing, Inc. Publication
Office. 75 Champlain Street, Albany, N.Y. 12204 ( 518 ) 465-4591
"The new Public Sector will be 20 pages instead of 12 and will be published every other
week instead of the current 48 editions per
year," announced CSEA President William L.
McGowan.
"The cost of producing our publication has
been increasing dramatically in recent years
as the result of the escalating costs of
newsprint and postage. This has meant an increasing demand on our membership's dues to
finance the publication. The new changes will
make our publication more efficient, less expensive and, we 'ihink, more convenient for
our members," tüe union president said.
Under modifications to the publication
approved by CSEA's Board of Directors, the
Sector will be published every other week, but
be increased in &ize substantially. For the
first time in CSEA's history, the union will be
providing all reporting and editing services
for the publication directly. In the past, the
union has contracted with private firms to
provide some of the reporting services and all
of the editing services.
"CSEA has been coming of age in its com-
munication program for several years," commented CSEA Communications Director Gary
Fryer, who will be heading the new Public
Sector operation.
"The changes in our publication will greatly
increase the efficiency of the newspaper and
save our members more than $200,000 per
year. Most union newspapers in the country
are bi-weekly or less frequent for that very
reason. We think the new publication will
better serve the needs of its readers and save
a lot of dues money at the same time," he
said.
Editorial offices for the Sector will be
located at One Columbia Place in Albany,
effective October 1. Telephone numbers for
the new offices have not yet been finalized,
but the offices can be reached by contacting
CSEA's Communications Department at union
headquarters.
"The Public Sector plays a critical role in
our union," President McGowan said,
"because it is the most direct link between
CSEA and its membership. Improving the
readership of our publication and at the same
time being careful with our members' money
is a top priority. I think the changes that will
be taking place will help us do both."
The enlarged Public Sector, which will be
very similar in format to the current
publication, will be published in two weeks.
Member support for PATCO flying high
BUFFALO — As the Professional Air Traffic Controllers Organization
(PATCO) continued its strike, CSEA members in Region VI are showing their
support for the embattled air controllers through a variety of methods.
Following the lead of CSEA President William McGowan and Region VI
President Robert Lattimer, members are refraining from taking to the not so
"friendly skies" and using other means of transportation to take care of personal and business matters.
Region VI members have also shown their solidarity by manning the picket
lines at Buffalo and Rochester airports, along with the many other unions from
the area supporting PATCO.
"It's important that we show our concern for our fellow public employees,
because as a group we're usually the ones who get the short end of the stick,"
said Sylvia Ebersold, President of Rochester Local 012." And we just might
need the same kind of support in the not too distant future," she continued.
Florence Tripi, President of Monroe County Employees Unit, called for a
fund-raising effort to help the strikers through the financial difficulties they
are experiencing. "I'm sure any small amount we each could give would be
helpful," she said.
In urging Region VI members to continue joining striking PATCO workers
on the picket lines as much as possible, President Lattimer directed that no
meetings be held or scheduled with people who are using the airports for transportation during the PATCO strike.
His Regional directives merged with those of Statewide CSEA President
McGowan who directed that the union's 1,500 elected leaders and more than 200
professional staff not use the airlines as a symbol of solidarity with the striking
PATCO members.
From all indications, the membership is firmly in support of continued
resistance to what President McGowan called an attempt by the President of
the United States "to break an AFL-CIO union instead of negotiating to end this
strike and prevent further disruption in an industry so vital to this nation's
economic health."
Bronx, Kingsboro Local officers
petitions due by October 26
SAFETY
^HAZm/.
AT BUFFALO AIRPORT, above, CSEA Region VI Vice President Gerald
Prince and Betsy Piette of Erie County Local 815 march in inclement weather
in support of PATCO.
Page 8
THe PUBLIC SECTOR, Wednesday, September 16. 1981
Nominations are being accepted by application from Sept. 28-Oct. 13
for candidates for Bronx Psychiatric Center Local 401 and Kingsboro
Psychiatric Center Local 402.
The offices to be filled for each local are President, Vice President,
Second Vice President, Secretary and Treasurer, as well as 10 Delegates
for Local 401 and six Delegates for Local 402.
Nominations will close and the petition period will open on Oct. 13.
Final day for filing of petitions is Oct. 26.
Those interested in^seeking office for Local 401 should send their
applications to Henry Edmond. Nominating Committee Chairman, 3784
10th Ave., Apt. lOB. New York, N.Y. 10034.
Send applications for Local 402 to Nominating Committee
Chairwoman Mildred Spivey, c / o Kingsboro Psychiatric Center, Box 85,
861 Clarkson Ave., Brooklyn, N.Y. 11203.
'Just plain folks' put
together a masterpiece
protest demonstration
By Melinda Carr
Asst. Director of Communications, CSE A
It was one of the largest demonstrations in
American history, with crowd e s t i m a t e s
beginning at a quarter of a million and ranging
upward. The parade itself lasted for several
hours, and the grassy Smithsonian Mall was a
solid mass of humanity.
Some participants came from great distances
to be counted in the protest, enduring long hours
of highway travel because they honored the
picket lines of their brothers and sisters in
PATCO. And despite massive organization of
public transportation systems, thousands of
would-be marchers missed the parade because
of hours spent in traffic jams and subway lines.
It was the first great protest of the '80s, and it
was a far cry from the angry protests that
marked the '60s and '70s. "Long hairs" had been
replaced by "hard hats," college students had
been replaced by senior citizens and smoke in
the air came from ordinary tobacco.
Most of the demonstrators were just plain
folks, people who probably never before thought
of joining a protest march. They were largely
middle-aged, modest-income, hard-working men
and women. The kind of American of which
statistical averages are made, not the kind of
person who makes political waves or banner
headlines.
They gave up a much-needed day's pay or a
hard-earned day off and traveled to Washington
for a variety of reasons. They were scared by
Reaganomics, they were threatened by budget
cuts, they were concerned about the direction
the country is taking. They were worried about
their jobs and their futures. They felt they had
been silent too long, and it was time to speak out.
The hundreds of thousands of demonstrators
spoke out for many causes that sunny Saturday.
The parade was accompanied by a chorus of
chants,with participating groups representing a
variety of causes. The crowd was a coalition of
women's groups marching in support of the
ERA, senior citizen groups marching to protest
threatened Social Security cuts, Blacks and
Hispanics marching for job opportunities and
human dignity. Scattered throughout were
member of religious groups, draft registration
protestors, No-Nuke activists, and even socialist
political organizations.
But on the whole, it was Labor's show. The call
to Solidarity Day was issued by organized labor,
and it was organized labor that swelled the ranks
of the parade. The major industrial unions were
all there in force — steel workers, iron workers,
auto workers, m a c h i n i s t s and a e r o s p a c e
workers. There were mine workers and painters,
retail clerks and electrical workers. There were
striking air traffic controllers and thousands of
school teachers. Union nurses volunteered to
work at the first-aid stations.
And, of course, there were public employees,
with AFSCME literally as well as figuratively
leading the parade — some 60,000 members
strong. Our members were out in force periiaps
because as public employees we have as much or
more to lose under the current Administration
than any other union represented at Solidarity
Day.
Many s p e e c h e s w e r e made during the
afternoon on the Mall. But no words approached
the eloquence expressed by the marchers
themselves. The true message of the day was in
the numbers, the almost endless sea of faces of
ordinary men and women. They all had
something they had come to Washington to say.
And their presence expressed it in a way no mere
voices could.
Coverage of Solidarity Day activities and CSEA's involvement in the historic day in labor history
continues on pages 6 and 7.
THE PUBLIC SECTOR, Wednesday, September 30, 1981
Page 5 ,
Ml
CSEA-AfS«
M
IQ I
1000
Arse I, AFI-CIO
y.
>
It wouldn't have been a rally without speeches, and the roster of Solidarj
Day speakers was an impressive one.
Taking their turn at the microphones were such well-known figures I
United Automobile Workers President Douglas A. Fraser, NAACP Executj
Director Benjamin L. Hooks, National Organization of Women Presidtl
Eleanor Smeal and President of United Latin American Citizens Tony Bonil|
Drawing loud cheers from the crowd was Coretta Scott King, widow of
late civil rights leader Dr. Martin Luther King. Mrs. King e l o ^ e n
compared the massive Solidarity Day demonstration to the fame
Washington rally some 18 years ago at which her late husband proclaimet
the world "I have a dream." This march, she said, was actually an extensior
that historic gathering, a continuation of the struggle for the same dreams
goals.
Lane Kirkland
The prime mover of the demonstration was AFL-CIO President Li
Kirkland, who called for the protest last spring and came to the speake
platform victorious in the massive turn-out.
He told the assembly: "We are here today to reaffirm the great goals
have drawn us together, in solidarity, for a hundred years. We are •fere
answer a challenge to these goals and to all that we have gained togethei
solidarity.
"Your testimony must be heard. The future course of this nation hangs
it.
"You are the people that do the work of America. You run its factories
offices, work its farms, transport its produce, maintain its buildings, teach|
children, nurse its sick, clean its streets and fight in its defense.
"When something goes wrong in America, you feel it first, before the
politicians or the more securely placed. Something has gone wrong, and you
know it all too well.
"We have come too far, struggled too long, sacrified too much, and have
too much left to do, to allow all that we have achieved for the good of all to be
swept away without a fight.
"We are out front and we shall not fall back to hide and wait for better
political weather. But the winds are changing, as they always do. The winter's
chill is approaching, and the bloom is fading from false mandates."
Joyce Miller
Coalition of Labor Union Woman President Joyce Miller declared: "We
cannot be proud of a nation that steals from the lunch trays of school children.
We cannot be proud of a Congress that chisels the poor, the handicapped and
the old. We cannot be proud of a nation that says a little bit of cancer in the
workplace is all right if it's cost-effective. We cannot be proud of a nation that
plunges the families of 12,000 PATCO strikers into bankruptcy and despair."
Jacob dayman
Speaking for older Americans Jacob d a y m a n . President of the National
Council of Senior Citizens, said: "This was the first time since the Social
Security Act was approved 46 years ago that any President has called for
Social Security cuts to those already receiving benefits. Not Roosevelt, not
Truman, not Eisenhower, not Kennedy, not Johnson, not Nixon, not Ford, not
Carter, none, only Ronald Reagan. For shame!"
Sam Church, Jr.
United Mine Worker President Sam Church, Jr. proclaimed: "We did not
choose this battle. It was thrust upon us by President Reagan, a President who
claims to have a mandate from the people.
"Well, we are the people. And I proclaim today that if the battle must be,
let it be. We will not sacrifice the gains that our forefathers died for."
Messages from Politicians
Although no political figures were invited to speak to the demonstrators, a
number of political leaders sent messages which were read to the crowd.
Democratic National Committee Chairman Charles Manatt sent his
congratulations on the rally and urged protestors to work for Democratic
candidates who were committed to restoring social programs. He said, "No
American should stand idle while the Reagan Administration cuts, guts and
punishes the non-rich and the non-powerful."
Former Vice President Walter Mondale's message noted that Solidarity
was also the name of the federation of Polish unions challenging Communist
leaders in that country.
"I would remind some of our nation's highest elected officials that you
cannot support free unions in Poland and then work to weaken and cripple free
unions here at home," he said. "The point of these first mass labor rallies in 50
years is to let the Administration know it had better listen to the working
people."
And a message from Massachusetts Senator Edward M. Kennedy said the
Administration believes they have a mandate to "dismantle our Federal
Government and all it stands for.
"But we are confident that the vast majority of our people will soon
understand that the prevailing philosophy of this moment is alien to our history
and contrary to our hopes," he declared.
Diary of one protester's journey: An oideal, but well worth It
Those who volunteered to participate in
Solidarity Day didn't expect the trip to be easy.
They went to make a statement, not to take a
vacation. For an unfortunate few, the trip turned
into an "ordeal by bus." Yet despite the problems
and discomforts, participants returned home with
an almost unanimous feeling of accomplishment
and solidarity. Here's a diary of what one participant's Solidarity Day journey was like.
7:30 a.m. — I am on time at the bus rendezvous
point in downtown Albany, along with hundreds of
other CSE A participants, eager to begin the long
trip. But the buses aren't. Nervous bus captains
pace. Some of us dash off for coffee, while we discuss the possibility of hijacking a city bus.
8:45 a.m. — The buses finally pull out — an hour
late — accompanied by enthusiastic cheers.
9:15 a.m. — We don't get far. We stop at the first
service area on the New York Thruway so bus captains can be briefed, bus drivers can consult their
maps again, and we can wait for an overdue bus
from Saratoga County. Spirits rise when the box
lunches are loaded on board.
10:30 a.m. — On our way again. Our bus captain
explains our instructions for tomorrow morning.
11:00 a.m. — We devour our box lunches. There's
something about being trapped on a bus that makes
you hungry.
1 p.m. — A pit stop somewhere in New Jersey.
This toll road isn't exactly America's most scenic
route.
3 p.m. — The day is getting long. A few members
Page 6
sing; some tell jokes over the bus driver's mike. We
start a pool on our arrival time at the hotel.
4 p.m. — Problems. One bus gets pulled over for
speeding, which causes all the buses to pull over.
Then our driver takes a wrong turn and leads the
convoy toward Pennsylvania for a time.
5 p.m. — A pit stop someplace in Delaware. A line
for food, a line for restrooms, then a line to reboard
the bus — if we can just remember which one is
ours.
6:30 p.m. — It's getting dark, but at least we're in
Maryland. We cheer through the Baltimore Tunnel
and look forward to our arrival in Washington.
7:30 p.m. — Hope fades, as we seem to be taking
the w o r l d ' s m o s t unusual route through
Washington.
8 p.m. — We finally find our hotel! Our hassled
and exhausted bus captain stands in line to get our
room keys, while an AFSCME staff member give
us our third set of instructions for tomorrow
morning.
8:45 p.m. — I got a nice hotel, and if we weren't
so tired and rumpled and hungry, we'd be impressed. We find our room. My group of four (some
of us strangers) figures out where we are going to
sleep and where we can put our belongings.
10 p.m. — Dinner time — the restaurant is quiet,
the waiter pleasant, the food good, and the prices
reasonable.
Midnight — I fall into an exhausted sleep.
SATURDAY, SEPTEMBER 19
6:30 a.m — An omelette, toast and coffee cost
THE PUBLIC SECTOR, Wednesday, September 30, 1981
how much? Oh well, an army can't march on
empty stomach.
8 a.m. — The hotel lobby is full of CSEA memt
and other AFSCME members. Everyone is wearii|
green T-shirts and white and green AFSCI
visors. But captains are giving out still another s|
of instructions.
8:45 a.m. — Forget instructions. Just get on t|
buses and head for the Mall.
9:15 a.m. — The buses let us off at I#ic(
Memorial, and we walk up to the base of tl
Washington Monument to find the AFSCME stagij
area. There is music, and under the AFSCI
balloon all the green T-shirted people are armij
vr;::^!
themselves with placards, banners and signs.
11:30 a.m. — It's a long wait, but a nice day.
Thousands and thousands of people are gathering.
We begin to realize how big a thing we're part of.
We're not just CSEA, not just AFSCME. It seems
the entire labor movement is here, plus all kinds of
other groups like NOW and the NAACP. Spirits are
rising and we're ready to march.
# 1 2 : 1 5 p.m. — The parade is underway. We're
right up there at the head of it. We're proud, we're
happy and we're together. We chant slogans, cheer
and wave signs. We feel there's nothing we can't
accomplish today.
2 p.m. — We've settled into our grassy seats on
the Mall at the base of the Capitol, just in front of
the speakers' stand. We listen to the speeches,
through we really don't need speechmakers to tell
us why we're here.
3:30 p.m. — The march began hours ago, and the
speeches have been going on for a while, but the
parade still isn't over. Some unions are still back at
the assembly point by the Washington Monument.
5 p.m. — The speeches are winding down. We line
up for subways and buses. We should be tired, but
we're not. After all what's a little blister on your
foot when you've just made a piece of history?
6 p.m. — We wait in the hotel for our buses to
depart. Hundreds of us gather around television to
see what the news has to say about us. We don't
hear a word because everyone shouts and cheers as
soon as our green T-shirts fill the screen.
7 p.m. — Miraculously, our bus pulls out on
schedule. Praise be to our bus captain for not losing
one of us.
7:30 p.m. — It takes only a few minutes for a very
hungry group to wolf down the box lunches.
10 p.m. — Quiet and content. We think about the
march and hope it did some good.
Midnight — A pit stop at last. I never knew
Paramus, New Jersey, had such beautiful diners.
SUNDAY, SEPTEMBER 20
3 a.m. — Downtown Albany is a welcome sight.
We congratulate our driver on the fact that the trip
which took a dozen hours South was only eight hours
coming home.
THE PUBLIC SECTOR, Wednesday, September 30, 1981
Page 7
and By-Laws
^^tel.'AlCSB!
Changes in the Constitution and By-Laws of the Civil Service
Employees Association have a direct effect upon the day-to-day operation
of the union, and therefore upon the membership itself.
Traditionally, the largest block ol time devoted at CSEA conventions
is given over to consideration of such changes. This will undoubtedly be
true at the upcoming meeting of the union delegates.
As the official publication of CSEA, "The Public Sector" has a legal
obligation to publish proposed changes prior to delegate sessions. More
K E Y : Italics—New Material
B r a c k e t s — R e m o v a l of Old M a t e r i a l
T h e (Constitution 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 Special
Delegates M e e t i n g in M a r c h , 1981. T h e m e e t i n g d a t e s were J u l y 21, 1981 a n d
S e p t e m b e r 15, 1981.
T H E FOLLOVVINC; 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 C J A T E S F O R A
S E C O N D READINC; A N D IF PASSED, W I L L B E C O M E P A R T OF T H E CSEA
CONSTITUTION:
(1) T h e following a m e n d m e n t s to Article IV', Section 5 a n d Article VI, Section 1
were 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 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
ORGANIZATION OF T H E ASSOCIATION
Section 5. O F F I C E R S .
(b) N O M I N A T I O N S . [A N o m i n a t i n g C o m m i t t e e shall be elected as follows:] The
SUiU'wide Somimting
Committees shall he elected for a one year term as follows:
1. For those election years in which the four Statewide officers are elected, [ E ] E a c h
Region shall n o m i n a t e for [said] the Statewide Nominating
[ c ] C o m m i t t e e a t least seven
(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) years.
2. T h e ICxecutive Board of each Region shall elect t h r e e (3) m e m b e r s f r o m t h e
seven (7) nominees, [two of w h o m shall be s t a t e m e m b e r s a n d one a c o u n t y m e m b e r ] no
more than two of whom shall be a state or county member, except in t h e M e t r o p o l i t a n
Region which shall h a v e t h r e e (S) s t a t e division m e m b e r s . Such election shall be by secret
ballot.
3. [Such election 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
.sel(H't<'d by the various Regions shall Ix? filed with the Secretary and Executive Director of the
Association n o t 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 C o m m i t t e e
shall select at least t w o 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 P r e s i d e n t ,
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 C o m m i t t e e
shall al.so select a t least two nominees for e a c h position on t h e S t a t e E x e c u t i v e
C o n m i i t t e e . In all cases an i n c u m b e n t shall be o n e of said nominees if t h e i n c u m b e n t
c o n s e n t s to become a c a n d i d a t e . N o n o m i n e e shall be eligible as 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 Stateivide Nominating
Committee shall select at least two (2) nominees for the
offices of President, Executive Vice President, Secretary and Treasurer. In all cases an
incumbent, upon consent and if otherwise eligible, shall be one of said nominees. No nominee
shall be eligible as a candidate for more than one (1) statewide office.
f). For those election years in which the State Executive Committee is elected, each
Region shall rwminate for the Statewide Nominating Committee at least seven (7) slate members who have been members of CSEA for at least two (2) years.
(). The Executive Board of each Regibn shall el"ct three (3) members from the seven (7)
nominees. Such election shall be 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.
5. The Statewide Nominating Committee shall select at least two (2) nominees for each
position on 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 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 [ a n j the election Ls 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 later 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 their
iioiniiuitioii l)y certified mail, r e t u r n receipt r e q u e s t e d . N o m i n e e s w h o desire to decline
siuill do so no Inter 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
lOxecutive 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 . The 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 by a
declination or o t h e r w i s e by M a r c h 2()th of the election year shall n a m e [a] s u b s t i t u t e
iu)miii(>e,s a n d file a n d r e p o r t 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 later t h a n April ir)th of the election year. T h e new nominees shall be notified by
registered mail, r e t u r n receipt requested, on or before April 15«,h of the election year. N o
m e m b e r who agrees to serve on t h e Statewide N o m i n a t i n g C r . m m i t t e e shall be eligible
for nomiiuition or election to a n y s t a t e w i d e office or to t h e S t a t e or (bounty E x e c u t i v e
("ommittees.
(c) I N D I O 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 President, E x e c u t i v e
N'ice Presidi>nt, S e c r e t a r y a n d Trejusurer m a y also be m a d e by official petition p r o v i d e d
by t h e I'^xecutive Director of t h e Association u p o n w r i t t e n r e q u e s t of any m e m b e r . Such
p e t i t i o n s shall be signed by n o t less t h a n t w o p e r c e n t (2%) of t h e m e m b e r s of t h e
Association. 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 a r e 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 ir)th [in t h e y e a r of t h e election] on the election year.
Nominationa
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 nomiruitions but in no event will more than 450 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 löth of the election year.
(d) T h e Board of Directors shall w i t h i n r e a s o n a b l e limits a u t h o r i z e t h e reimb u r s e m e n t of travel expenses for dul^ n o m i n a t e d c a n d i d a t e s for the four statewide officers
[as herein specified] of the
Association."
" A R T I C L E VI
S T A T E D I \ ISION
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 relating to s t a t e e m p l o y e e s shall, except as provided herein, be vested
in a S t a t e E>ecutive 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 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 St.iU.t> University, 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 statue public a u t h o r i t i e s
Ci/r '
r : , \ I I- i i I r l l f ' : • :
' ' ,K
' •. i i
' i •1 —
Page 8
THE PUBLIC SECTOR, Wednesday, September 30, 1981
importantly, however, we feel an obligation to the membership to j>resent
such proposed changes for informational rather than legal purposes.
The membership has a right and a need to know what major changes
are being considered that affect them directly. Therefore, we are
publishing the report of the CSEA Constitution and By-Laws Committee
to the upcoming delegates meeting in order to (1) meet our legal
obligation, and (2) keep the membership informed of events that are important to them.
as one u n i t , 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 a c u l t y 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 . I n
a d d i t i o n t o t h e 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 term of office beginning t h e following
J u l y , be entitled to one 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 fraction 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 to be k n o w n as 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 create one or m o r e s u b c o m m i t t e e s t o
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. E a c h 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 b y 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"anner 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 u n t i l 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 b e g i n n i n g J u l y 1, 1983 a n d each t e r m t h e r e a f t e r ,
the t e r m of office shall be t h r e e y e a r s . 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 b e filled
for t h e r e m a i n d e r of t h e t e r m b y 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 b y t h e B o a r d of D i r e c t o r s w i t h i n f o u r t e e n
d a y s a f t e r t h e first meeting of t h e B o a r d s u b s e q u e n t to t h e t i m e 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 (6) months or less, the President of the Association
may fill such vacancy
without an election with the approval of the Board of Directors. 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 a n 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 w h i c h case 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 b o t h positions shall be ineligible t o serve in
both capacities."
["Section 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
C o m m i t t e e selected in a c c o r d a n c e with Article IV, 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 C o m m i t t e e 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 eleption 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 C o m m i t t e e . N o m i n e e s w h o desire t o 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 b y
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 t o assure a t
least t w o 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 . " ]
N o t e : 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.
["Section 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 p e t i t i o n p r o v i d e d b y 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 r e q u e s t of a n y m e m b e r . T h e p e t i t i o n
m u s t be signed by n o t less t h a n ten p e r c e n t (10%) of t h e m e m b e r s in t h e D e p a r t m e n t
m a k i n g such nomination'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 a r e 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 IV, Section (c)
I N D E 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 i u u n b e r e d t o Section 2 L O C A L S .
Explaiuition: 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 a r e necessary in
order to c o n f o r m with t h e new s t a g g e r e d 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 to 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 are now held in d i f f e r e n t y e a r s . 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
these a m e n d m e n t s .
(2) T h e following is an a m e n d m e n t t o Article V I I I D E L E C J A T E S . T h e issue of
Locals splitting their vote has been d e a l t with in a v a r i e t y of w a y s on t h e floor of
Delegates' meetings. A research of t h e record indicates t h a t rulings by c h a i r p e r s o n s h a v e
been m a d e to p e r m i t t h e splitting of t h e v o t e s a n d to p r o h i b i t t h e s p l i t t i n g of t h e votes.
F o r m e r Region P r e s i d e n t ( I r i p p e r focused on this 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 Counsel. A review of t h e l e t t e r , as well
lus 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 D e l e g a t e s ' meetings, has p r o m p t e d t h e C o m m i t t e e
to 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
DELE(;ATES
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 one or m o r e d e l e g a t e s 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, e x c e p t 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.
Prior to J u n e 1st 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
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 a d d r e s s e s of its delegates for 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 d e l e g a t e s 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 delegate 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 cast 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 are n o t e n t i t l e d to 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 m e e t i n g s of t h e 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 r e p r e s e n t i n g 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 delegate shall h a v e o n e 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 d e l e g a t e was elected, excluding t h o s e m e m bers who a r e presented by Local D e l e g a t e s as provided in this section. All o t h e r m e m bers of t h e Board 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 delegates a t
m e e t i n g s of t h e delegates e x c e p t t h e r i g h t to vote. [ T h e votes of each local or
(continued on page 9)
(lopjirtmoiit shall be ciust 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 such
votes 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«!partmeJit.J 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
and nuiy 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."
HKST OF AIRNCLIO 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 e f f e c t of this a m e n d m e n t would p e r m i t Locals to split their votes
on any issues which corne 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 language
provi(lcs that Locals m a y only split their votes if directed to do so by their m e m b e r s h i p .
However, t h e C o m m i t t e e feels t h a t it is not always possible for Locals to a d d r e s s
convention issues a t m e m b e r s h i p m e e t i n g s a n d , therefore, this 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 , ke\v issues are s o m e t i m e s 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 time which, of course, does n o t provide 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 .
RUH F ( ) I . L ( ) \ V L \ ( ; 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 C J A T E S B Y T H E
C O M M I T F 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
P R E S E N T A T I O N TO T H E DELE(JATES AT T H I S M E E T I N ( ; C O N S T I T U T E S A
F I R S T R E A D I N ( ; OF T H E S E A M E N D M E N T S .
(1) T h e following a m e n d m e n t s are s u b m i t t e d by t h e C o m m i t t e e to i m p l e m e n t a
Retirees Section within t h e ('SH)A s t r u c t u r e £is r e c o m m e n d e d by t h e S t a t e w i d e Officers,
a.s well {IS o t h e r i n f o r m a t i o n received f r o m t h e S t a t e w i d e R e t i r e e s (Committee a n d
developed by our C o m m i t t e e :
" A R T I C L E III
MEMBERSHIP
Section 3. R E T I R E D M E M B E R S . Any person who[, while a c t i v e l y e m p l o y e d , as
a meml)er or an associate m e m b e r a n d who has retired f r o m a c t i v e e m p l o y m e n t m a y
elect to be(;ome a retired m e m b e r ] receives a retirement allowance from the New York State
Employees'
Retirement
System or the New York State Policemen's
and
Firemen's
Retirement System shall he elixjible to become a retired member. R e t i r e d m e m b e r s shall h a v e
none of t h e rights or privileges of m e m b e r s h i p except t h a t t h e y shall be eligible to t h e
e x t e n t t h e insurance p r o g r a m p e r m i t s for p a r t i c i p a t i o n in i n s u r a n c e p r o g r a m s sponsored
by CSIOA, a n d t h e y shall be eligible for m e m b e r s h i p in R e t i r e d M e m b e r Locals a n d such
o t h e r rights a n d privileges a p p r o v e d by t h e Board of D i r e c t o r s . "
" A R T I C L E IV
O R G A N I Z A T I O N OF T H E A S S O C I A T I O N
Section 2. B O A R D O F D I R E C T O R S .
(b) N o n - V o t i n g M e m b e r s — T h e n o n - v o t i n g 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 be t h e C h a i r p e r s o n of all S t a n d i n g C o m m i t t e e s as e s t a b l i s h e d in Article VI,
Se(;tion 1 of t h e B y - L a w s and the Chairperson
of the Retirees Section
Executive
Committee. "
"AR RICLE X I A M E N D M E N T S to be r e n u m b e r e d t o A R T I C L E XIV'
"ARTICLE XI
RETIREES
SECTION
Section I. RETIREE
EXECUTIVE^
COMMITTEE.
The power and authority Ü)
transact business relating to retired members shall, except as provided herein, be vested in the
Retiree Executive Committee.
The Retiree Executive Committee
shall consist of one
representative from each CSEA Region elected by the Presidents of the Retiree Locals in that
Region and the retired member appointed by the President of CSEA to serve on the Statewide
Political and Legislative Action Committee. The Retiree Executive Committee shall elect from
its membership one member to be known as the Chairperson
of the Retiree
Executive
Committee, and a vice chairperson and secretary. The Retiree Executive Committee
may
create one or more subcommittees to perform such duties as the Retiree Executive
Committee
shall desigmite. Terms of office of Retiree Executive Committee members shall be coincidental
with the terms of office of members of the Board of Directors.
Section 2. DC TIES AND FUNCTIONS.
The Chairperson of the Retiree
Section
Executive Committee shall be the chief spokesperson of the Section, the Executive
Committee,
and the retired members. He/She shall be the liaison between the Retiree Section and the
Statewide Officers of the Association.
The Chairperson of the Retiree Section
Executive
Committee, by virtue of his or her office, shall be a non-voting
member of the Board of
Directors of the Association, and in said capacity shall represent the interests and concerns
of the retiree locals and their members. The Chairperson, and in his or her absence, the vice
chairperson, shall preside at all meetings of the Executive Committee of the Section and shall
perform such other duties and functions consistent with the purposes of the office and as
prescribed by the Board of Directors. The secretary of the Retiree Executive Committee shall
be responsible for the official minutes of meetings.
Section ii. LOCALS. A local may be formed by CSEA retiree members in any county
or in any contiguous group of counties in New York Stale or any other State of the U.S.A.
upon approval by the Retiree Executive Committee and the Board of Directors of the.
Association.
The Board of Directors shall approve the Constitution and By-Laws of such
local. Each such local shall make available to a duly authorized representative
of the
As,sociation. A local may be placed in trusteeship by the President of the Association
with
the consent of the Board of Directors or the Board of Directors' Committee for failure to
comply with a reguest.for an inspection of the books ami records of the local within ten days
of placing the local in trusteeship. The Board of Directors by a two-thirds vote ma]f < dissolve
a local or suspend it for a period not to exceed ninety days after such charges have been
served upon the local and it has been given an opportunity
to be heard.
Section 4. DELEGATES.
The members of the Retiree Executive Committee shall be
delegates to the annual delegates meeting of CSEA. They shall meet separately for the
purpose of discussing matters of concern to the Retiree Section ami any motions which they
pass shall be presented to the retiree body for informational purposes by the Chairperson of
the Retiree Executive
Committee.
Section 5. The President of the Association
shall appoint a retired member to the
Statewide
Political and Legislative Action Committee who shall represent the retirees'
interests on that committee and shall be a voting member thereof."
E x p l a n a t i o n : T h e proposed a m e n d m e n t s are r e c o m m e n d a t i o n s f r o m t h e S t a t e w i d e
R e t i r w s C o m m i t t e e a n d t h e S t a t e w i d e Officers. W i t h regard to t h e a m e n d m e n t to
Article III (lines 240 t h r o u g h 245), 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 is
utianimously oppo.sed to t h e r e c o m m e n d a t i o n to open m e m b e r s h i p to a n y retired public
employee since this would allow n u i n a g e m e n t / c o n f i d e n t i a l employees, t h e G o v e r n o r , etc.
to become retired m e m b e r s . T h e C'ommittee believes t h a t only f o r m e r m e m b e r s of
C S E A should be allowed retiree m e m b e r s h i p . W i t h regard to t h e o t h e r proposed
amendments, the Committee recommends adoption.
(2) T h e following language represents t h e necessary c o n s t i t u t i o n a l c h a n g e s for
i m p l e m e n t a t i o n of t h e reorganization plan reconmiended by t h e S t a t e w i d e Officers. A t
the time of t h e p r i n t i n g of this r e p o r t , t h e C o m m i t t e e did n o t h a v e s u f f i c i e n t t i m e to
re\ iew t h e rjierits of t h e plan a n d is, therefore, taking no position r e g a r d i n g t h e a d o p t i o n
of t h e plan. Since t h e a m e n d m e n t s a r e comprehensive, t h e C-ommittee did n o t use t h e
undcM-lining and b r a c k e t m e t h o d for showing changes. All of t h e p r i n t e d m a t e r i a l
c o n s t i t u t e s new languai^e even t h o u g h m u c h of it is c u r r e n t l y c o n t a i n e d in t h e
C o n s t i t u t i o n . Positive action by t h e Delegates on this proposal will require some
a m e n d m e n t s t o t h e B y - L a w s which will be presented in c o n j u n c t i o n with a second
reading of t h e C \ ) n s t i t u t i o n a l ai^iendmenta.
E f f e c t i v e J u l y 1, 1984, Article IV, Section 2, shall read a s follows:
" S e c t i o n 2. B O A R D O F D I R E C T O R S . 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 all
business of t h e Association shall, s u b j e c t to t h e power a n d a u t h o r i t y of t h e D e l e g a t e s a t
m e e t i n g s of t h e As.sociation, be vested in a Board of D i r e c t o r s which shall consist of t h e
following:
(a) V o t i n g M e m b e r s — T h e v o t i n g m e m b e r s of t h e Board of D i r e c t o r s .shall be t h e
Officers of t h e Association a n d t h e Officers of each Region jis e n u m e r a t e d in Section 5,
subdivision (a) her(H)f, a n d t h e i m m e d i a t e p a s t p r e s i d e n t of t h e A.ssociation diiring t h e
term or t e r m s of t h e i n m i e d i a t e p a s t p r e s i d e n t ' s .successor provided t h a t such p a s t
p r e s i d e n t shall be a m e m b e r of t h e Association a n d n o t a paid e m p l o y e e of t h e
A.ssociation.
(b) N o n - V o t i n g M e m b e r s — N o c h a n e e
Section 3. — N o c h a n g e
Section 4. — N o c h a n g e
Section 5. O F F K . ' E R S . T h e officers of t h e Association shall be t h e P r e s i d e n t , t h e
E x e c u t i v e \ ' i c e P r e s i d e n t , six Vice P r e s i d e n t s to be t h e six Regional Presidents, a n d t h e
Secretary/Treasurer.
(a) E L E C T I O N . T h e t h r e e s t a t e w i d e officers of t h e Association shall be elected by
secret ballot t r i n a n n u a l l y (every t h r e e y e a r s ) c o m m e n c i n g with t h e t e r m of office to
begin on J u l y 1, 1979. T h e six Vice P r e s i d e n t s of t h e Association shall be elected for a
t e r m of t w o y e a r s c o m m e n c i n g J u l y I, 1979. T h e r e a f t e r t h e six Vice P r e s i d e n t s of t h e
,\.s.sociation shall be elected for a t e r m of t h r e e y e a r s c o m m e n c i n g with t h e t e r m of office
J u l y 1, 1981. T h e y .shall hold office for t h e t e r m for which t h e y were elected or u n t i l
their successors shall h a v e qualified. V a c a n c y in t h e office of P r e s i d e n t shall be filled by
t h e E x e c u t i v e Vice P r e s i d e n t . V a c a n c y in t h e office of E x e c u t i v e Vice P r e s i d e n t shall be
filled by t h e Board of D i r e c t o r s by a p p o i n t i n g a n y one of t h e six Vice P r e s i d e n t s . A
v a c a n c y in t h e t e r m of a n y of t h e Vice P r e s i d e n t s shall be filled according t o t h e
C o n s t i t u t i o n a n d B y - L a w s of t h e respective regions. V a c a n c y in t h e office of
S e c r e t a r y / T r e a s u r e r 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 t h e B o a r d of
Directors. C'ommencing with t h e 1979 election, no s t a t e w i d e officer shall be a n officer of
a local or u n i t if s u c h officer is serving on a paid basis f r o m C S E A , exclusive of t h e
honorariimi or expenses a p p r o v e d by t h e C S E A B o a r d of Directors.
(b) N O M I N A T I O N S . T h e S t a t e w i d e N o m i n a t i n g C o m m i t t e e s shall be elected for
a one y e a r t e r m as follows:
1. F o r t h o s e election y e a r s in which t h e t h r e e S t a t e w i d e officers a r e elected, e a c h
Region shall n o m i n a t e for t h e S t a t e w i d e N o m i n a t i n g C o m m i t t e e a t least seven (7)
m e m b e r s w h o 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 B o a r d of each Region shall elect t h r e e (3) m e m b e r s f r o m t h e
seven (7) nominees, no m o r e t h a n t w o of w h o m shall be a s t a t e or c o u n t y m e m b e r ,
e x c e p t in t h e M e t r o p o l i t a n Region which shall h a v e t h r e e (3) s t a t e division m e m b e r s .
Such election shall be b y secret ballot.
3. 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
filed with t h e S e c r e t a r y / T r e a s u r e r 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 n o t l a t e r
t h a n J a n u a r y 1st of t h e election y e a r .
4. T h e S t a t e w i d e N o m i n a t i n g C o m m i t t e e shall select a t least t w o (2) n o m i n e e s 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 P r e s i d e n t , a n d S e c r e t a r y / T r e a s u r e r . I n all cases
an in<;umbent, u p o n c o n s e n t a n d if o t h e r w i s e eligible, shall be one of said nominees. N o
nominee shall be eligible as a c a n d i d a t e for m o r e t h a n o n e (1) s t a t e w i d e office.
"No 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 b e e n a
m e m b e r in good s t a n d i n g of t h e Association on or b e f o r e 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 y e a r in which t h e election is held. T h e S t a t e w i d e N o m i n a t i n g C o m m i t t e e shall file
its r e p o r t with t h e S e c r e t a r y / T r e a s u r e r 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
later t h a n M a r c h 1st of t h e election y e a r , 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 their n o m i n a t i o n by certified mail, r e t u r n receipt r e q u e s t e d . N o m i n e e s w h o desire to
decline shall d o so no later t h a n M a r c h 2 0 t h of t h e election y e a r by n o t i f y i n g t h e
S e c r e t a r y / T r e a s u r e r 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 S t a t e w i d e 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 by a declination or o t h e r w i s e by M a r c h 2 0 t h of t h e election
y e a r shall n a m e s u b s t i t u t e nominees a n d file a n d r e p o r t said nominees t o t h e
Se(!retar)/rrea8urer a n d the Executive Director no later t h a n April 15th of the election
y e a r . T h e new n o m i n e e s shall be notified b y registered mail, r e t u r n receipt r e q u e s t e d , on
or before April 15th of t h e election y e a r . N o m e m b e r w h o agrees to serve on t h e
S t a t e w i d e N o m i n a t i n g C o m m i t t e e shall be eligible for n o m i n a t i o n or election t o a n y
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 , E x e c u t i v e
Vice P r e s i d e n t , a n d S e c r e t a r y / 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 Association 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 shall be i^igned by n o t less t h a n t w o p e r c e n t (2%) of t h e m e m b e r s of t h e
Association. 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 s u c h
n o m i n a t i o n s a r e filed with t h e S e c r e t a r y / T r e a s u r e r 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
As.sociation on or before April 15th of t h e election y e a r .
(d) T h e B o a r d of D i r e c t o r s shall within r e a s o n a b l e limits a u t h o r i z e t h e reimb 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 t h e t h r e e s t a t e w i d e
officers of t h e Association.
Section 6. O A T H . N o c h a n g e
ARTICLE V
RE(}IONS
F o r p u r p o s e s of i n t e r n a l o r g a n i z a t i o n of t h e Civil Service E m p l o y e e s Association,
Inc., t h e s t a t e shall be divided into six regions as follows:
1. Long I s l a n d Region: N o c h a n g e
2. M e t r o p o l i t a n Region: N o c h a n g e
3. S o u t h e r n Region: N o c h a n g e
4. C a p i t a l Region: N o c h a n g e
5. C^Mitral Region: N o c h a n g e
(3. W e s t e r n Region: N o c h a n g e
All locals shall be m e m b e r s of t h e region in which t h e local h e a d q u a r t e r s is located.
(a) E a c h region shall h a v e as its officers a P r e s i d e n t , a S e c r e t a r y / T r e a s u r e r , a n d
six \'ice P r e s i d e n t s as follows: an A d m i n i s t r a t i v e Services U n i t Vice P r e s i d e n t ; a n d
I n s t i t u t i o n a l Services U n i t Vice P r e s i d e n t ; an O p e r a t i o n a l Services U n i t Vice P r e s i d e n t ;
a C o u n t y E m p l o y e e \'ice P r e s i d e n t ; a School D i s t r i c t E m p l o y e e Vice P r e s i d e n t ; a n d a
Vice P r e s i d e n t to r e p r e s e n t all o t h e r m e m b e r s within t h e Region. Region 2 shall h a v e
f o u r \'ice P r e s i d e n t s as follows: A d m i n i s t r a t i v e Services U n i t Vice P r e s i d e n t ;
I n s t i t u t i o n a l Services U n i t Vice P r e s i d e n t ; O p e r a t i o n a l Services U n i t Vice P r e s i d e n t ;
a n d \ ' i c e P r e s i d e n t for all o t h e r m e m b e r s within t h e Region.
T h e Region P r e s i d e n t a n d S e c r e t a r y / T r e a s u r e r shall be elected by all of t h e m e m bers lussigiuHl to each region. T h e Vice P r e s i d e n t s of each region shall be elected b y t h e
m e m b e r s in t h a t region as follows:
(1) T h e A d m i n i s t r a t i v e Services U n i t Vice P r e s i d e n t shall be elected f r o m t h o s e
m e m b e r s tussigned to t h e A d m i n i s t r a t i v e Services U n i t of t h e S t a t e of N e w Y o r k for
collective b a r g a i n i n g purposes.
(2) T h e I n s t i t u t i o n a l Services U n i t Vice P r e s i d e n t shall be elected f r o m t h o s e
(continued on page 10)
THE PUBLIC SECTOR, Wednesday, September 30, 1981
Page 9,
m r n i h c r s assign' I (o tho I n s t i t u t i o n a l Sorvicos U n i t of t h e S t a t « of New York for
colIcctivc harRi. in^ purposes.
(3) T h e O p e r a t i o n a l Serviees I'riit Viee P r e s i d e n t shall he elected from those menil)(Ts {issi)j;rH'd to t h e O p e r a t i o n a l Services Unit of t h e S t a t e of New York for collective
har^aininK {)urj)oses.
(4) T h e C o u n t y ICitiployee Vice P r e s i d e n t shall be elected from those m e m b e r s who
a r e assigned to a collective b a r g a i n i n g u n i t certified to r e p r e s e n t c o u n t y employees.
(5) T h e \ ice P r e s i d e n t for School D i s t r i c t E m p l o y e e s shall t)e elected by those
m e m b e r s assigned to a collective b a r g a i n i n g u n i t certified to represent school d i s t r i c t
employees.
(()) T h e \'ice I'resident for all o t h e r m e m b e r s shall be elected by all o t h e r m e m b e r s
w h o a r e assigned to a collective b a r g a i n i n g u n i t which does not specifically fall in t h e
jurisdiction of t h e o t h e r e n t i m e r a t e d vice presidential categories (for example, N e w York
S t a t e J u d i c i a l lOmployees, employees of cities, towns, villages, etc.).
(b) lOach region shall h a v e a regional e x e c u t i v e board which shall consist of t h e
elected officers, irnnuMÜate pfist p r e s i d e n t , a n d t h e local p r e s i d e n t s f r o m t h a t region.
A H T I C L K 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 t o
t r a n s a c t business relating to s t a t e e m p l o y e e s shall, except as provided herein, be vested
in a S t a t e E x e c u t i v e ( - 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 shall consist of t h e
officers of t h e Association and those m e m b e r s of t h e Board of D i r e c t o r s w h o h a v e as
p a r t of their c o n s t i t u e n c y m e m b e r s assigned to t h e S t a t e Division. 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 o n e m e m b e r to be k n o w n as 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 .
Section 2 L O C A L S . A local m a y be f o r m e d b y t h e m e m b e r s in t h e S t a t e Division
in a n y d e p a r t m e n t or locality u p o n 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
( " o n s t i t u t i o n a n d B y - L a w s of such local. In d e t e r m i n i n g t h e a p p l i c a t i o n to g r a n t new
locals or (;onsoli(iate existing locals, t h e B o a r d of D i r e c t o r s shall accord s u b s t a n t i a l
w e i g h t to t h e e f f e c t i v e a d m i n i s t r a t i o n of t h e collective bargaining a g r e e m e n t or
a g r e e m e n t s for t h e m e m b e r s of such local. Locals shall consist of a t least one h u n d r e d
(100) m e m b e r s , e x c e p t t h a t a local of fewer m e m b e r s m a y be f o r m e d for good a n d
s u f f i c i e n t rcfuson u p o n a t h r e e - f o u r t h s v o t e of t h e B o a r d of Directors. E a c h such local
shall m a k e available to t h e duly a u t h o r i z e d r e p r e s e n t a t i v e of t h e Association a t t h e
re(juest of t h e P r e s i d e n t or t h e B o a r d of D i r e c t o r s , all local records for inspection b y t h e
Association. In locals w h e r e t h e m e m b e r s h i p is divided b e t w e e n m o r e t h a n o n e collective
b a r g a i n i n g a g r e e m e n t , Vice President« shall be elected f r o m t h e m e m b e r s a f f e c t e d b y
t h e a p p l i c a t i o n of t h e v a r i o u s collective b a r g a i n i n g a g r e e m e n t s . A local m a y be placed in
t r u s t e e s h i p by t h e P r e s i d e n t of t h e Association with t h e a p p r o v a l of t h e B o a r d of
D i r e c t o r s or t h e B o a r d of D i r e c t o r s ' C o m m i t t e e for failure to c o m p l y with a r e q u e s t for
an inspection of t h e books a n d records of t h e local within ten d a y s of such r e q u e s t . A
local m a y be placed in t r u s t e e s h i p for a n y reason d e e m e d good a n d sufficient b y t h e
P r e s i d e n t of t h e Association p r o v i d e d a h e a r i n g is a f f o r d e d before t h e B o a r d of
D i r e c t o r s a n d w r i t t e n c h a r g e s a r e served w i t h i n t e n d a y s of placing t h e local in
t r u s t e e s h i p . T h e B o a r d of D i r e c t o r s b y a t w o - t h i r d s v o t e m a y dissolve t h e local or
s u s p e n d it for a period n o t to exceed n i n e t y d a y s a f t e r such charges h a v e been served
u p o n t h e local a n d it has been given a n o p p o r t u n i t y t o be h e a r d .
A R T I C L E VII
COUNTY DIVISION
Section L ( X ) 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 power a n d a u t h o r i t y to
t r a n s a c t business relating to e m p l o y e e s of t h e political subdivisions of t h e s t a t e shall,
e x c e p t a s o t h e r w i s e provided herein, be vested in a C o u n t y E x e c u t i v e C o m m i t t e e w h i c h
shall consist of t h e officers of t h e Association a n d each m e m b e r of t h e B o a r d of
D i r e c t o r s whose c o n s t i t u e n c y includes m e m b e r s assigned to t h e C o u n t y Division. 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 elect f r o m its m e m b e r s h i p one m e m b e r to be k n o w n
a s t h e ( ' h a i r p e r s o n 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 .
Section 2. LOC^ALS. Locals shall be f o r m e d in each c o u n t y c o n s i s t e n t with t h e
following criteria:
(1) A local of c o u n t y e m p l o y e e s in each c o u n t y w h e r e C S E A is t h e certified or
recognized collective b a r g a i n i n g a g e n t .
(2) A c o u n t y w i d e local for all school d i s t r i c t e m p l o y e e s for each school d i s t r i c t
(payroll source) w h e r e CJSEA is t h e certified or recognized collective b a r g a i n i n g a g e n t
a n d t h e n u m b e r of m e m b e r s in each u n i t is fewer t h a n one h u n d r e d (100).
(3) A s e p a r a t e local for each u n i t of school d i s t r i c t employees (payroll source)
w h e r e C'SEA is t h e certified or recognized collective b a r g a i n i n g a g e n t a n d t h e n u m b e r of
m e m b e r s is one h u n d r e d (100) or more.
(4) A c o u n t y w i d e local of all o t h e r political subdivision m e m b e r s wherein C S E A is
t h e certified or recognized collective b a r g a i n i n g a g e n t a n d t h e n u m b e r of m e m b e r s in
each b a r g a i n i n g u n i t is fewer t h a n one h u n d r e d (100).
(5) A s e p a r a t e local for each political subdivision collective b a r g a i n i n g u n i t (payroll
source) r e p r e s e n t e d by C S E A wherein t h e n u m b e r of m e m b e r s e q u a l s or exceeds one
h u n d r e d (100).
(0) All school d i s t r i c t e m p l o y e e s m u s t b e m e m b e r s of a school d i s t r i c t local.
(7) Locals m a y be f o r m e d u p o n t h e a p p r o v a l of t h e B o a r d of D i r e c t o r s by d i s t i n c t
b a r g a i n i n g u n i t s of an overall e m p l o y e r (such as c o m m u n i t y colleges) w h e r e t h e n u m b e r
of m e m b e r s in t h e b a r g a i n i n g u n i t is a p p r o x i m a t e l y one h u n d r e d (100).
(8) T h e m e m b e r s of a c o u n t y sheriffs d e p a r t m e n t b a r g a i n i n g u n i t shall be g r a n t e d
a local w h e r e a m a j o r i t y of t h e m e m b e r s in t h e u n i t r e q u e s t such local or in t h e opinion
of t h e Board of Directors, t h e creation of such a local would b e t t e r serve t h e i n t e r e s t s of
the affectcd members.
(9) A d d i t i o n a l locals of one h u n d r e d (100) m e m b e r s or m o r e m a y be f o r m e d f r o m
t h e m e m b e r s h i p of t h e c o u n t y w i d e locals c r e a t e d by subsections (2) a n d (4) hereof
w h e r e t h e Board of D i r e c t o r s d e t e r m i n e s t h a t for geographical reasons t h e interests of
t h e m e m b e r s h i p would be b e t t e r served.
(10) E a c h collective b a r g a i n i n g u n i t w i t h i n t h e c o u n t y w i d e locals c r e a t e d by
s u b s e c t i o n s (2) a n d (4) hereof shall be g r a n t e d " u n i t " s t a t u s within such local. E a c h
such u n i t shall receive a r e b a t e of dues f r o m t h e local e q u a l to f i f t y p e r c e n t (50%) of t h e
d u e s t h e local receives on behalf of each of t h e u n i t ' s m e m b e r s .
A local m a y be placed in t r u s t e e s h i p by t h e P r e s i d e n t of t h e Association with t h e
a p p r o v a l of t h e Board of D i r e c t o r s or t h e B o a r d of D i r e c t o r s ' C o m m i t t e e for failure toc o m p l y with a r e q u e s t for an inspection of t h e b o o k s a n d records of t h e local w i t h i n ten
d a y s of such retjuest. A local m a y be placed in t r u s t e e s h i p for a n y reason d e e m e d good
a n d s u f f i c i e n t by t h e P r e s i d e n t of t h e Association p r o v i d e d a hearing is a f f o i d e d before
t h e B o a r d of D i r e c t o r s a n d w r i t t e n c h a r g e s a r e served within ten d a y s of placing t h e
local in t r u s t e e s h i p . T h e B o a r d of D i r e c t o r s by a t w o - t h i r d s v o t e m a y dissolve t h e lo(!al
or s u s p e n d it for a period n o t to exceed n i n e t y d a y s a f t e r such charges h a v e been served
u p o n t h e local a n d it has been given a n o p p o r t u n i t y to be h e a r d .
A R T I C L E VIII
DELEtJATES
M e m l ) e r s of each local shall elect f r o m their 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 ^f t h e Association, e x c e p t 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.
Page 10. ..
THE PUBLIC SeCTQR, W e d ^ . a y , S e p t ^ b e r 30, 1981
Prior to J u l y 15th of each y e a r , each local shall file with t h e S e c r e t a r y / T r e a s u r e r 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 and addresses of its delegates for t h e
ensuing 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 to t h e
S e c r e t a r y / T r e a s u r e r t h e r e a f t e r . Such delegate 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 upon t h e paid m e m b e r s h i p in
t h e A.sscK'iation 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 votes
each local or d e p a r t m e n t is entitled 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 n m i i t t e e . Memln^rs of t h e B o a r d of Directors shall h a v e all t h e rights a n d privileges
of delegates a t meetings of t h e delegates except t h e right to vote. T h e votes of each local
or d c i ) a r t m e n t shall be c a s t as a u n i t unless t h e delegates have been i n s t r u c t e d to split
such votes 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
and m a y exercise all t h e powers, rights 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.
When S t a t e a n d / o r C o u n t y Division Delegates m e e t in official session, t h e m o t i o n s
passed with regard to i t e m s a f f e c t i n g solely their respective divisions a n d n o t t h e
Association general policy shall be p r e s e n t e d to t h e delegate b o d y by t h e respective
C h a i r p e r s o n s for i n f o r m a t i o n a l p u r p o s e s o n l y . "
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 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 B Y - L A W S . I F P A S S E D
AT T H I S M E E T I N G , T H E A M E N D M E N T S WILL B E C O M E
EFFECTIVE
IMMEDIATELY.
(1) T h e following a m e n d m e n t to Article I I , Section 6(c), w a s s u b m i t t e d to t h e
C b m m i t t e e by t h e S t a t e w i d e Officers by letter d a t e d M a y 25, 1981:
" [ ( c ) 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 each y e a r
between J a n u a r y 1 a n d J u n e 1.]"
E x p l a n a t i o n : In view of t h e e x p a n d e d S t a t e a n d C o u n t y W o r k s h o p s , t h e S t a t e w i d e
Officers r e c o m m e n d e d t h a t t h e a b o v e l a n g u a g e be deleted with t h e u n d e r s t a n d i n g t h a t
t h e P r e s i d e n t m a y call a special m e e t i n g of t h e Association a t a n y time. T h e C o m m i t t e e
c o n c u r s with t h e Officers a n d 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 .
(2) T h e following a m e n d m e n t s which c o n s t i t u t e a n entirely new Article V a r e
s u b m i t t e d by t h e C o m m i t t e e with a positive r e c o m m e n d a t i o n for a d o p t i o n . Once again,
since t h e a m e n d m e n t s a r e c o m p r e h e n s i v e , t h e C o m m i t t e e did n o t use t h e u n d e r l i n i n g
a n d b r a c k e t m e t h o d for showing changes.
"ARTICLE V
JUDICIAL BOARD
Section 1. M E M B E R S .
A. T h e J u d i c i a l B o a r d shall be comprised of eight m e m b e r s . E a c h Regional
P r e s i d e n t shall a p p o i n t one m e m b e r a n d t h e P r e s i d e n t of t h e Association shall a p p o i n t
t w o m e m b e r s . F r o m these eight m e m b e r s , t h e P r e s i d e n t of t h e Association shall a p p o i n t
t h e C h a i r p e r s o n a n d t h e Vice C h a i r p e r s o n of t h e C o m m i t t e e .
B. In order to be eligible to serve on t h e Judicial B o a r d , a person m u s t h a v e been a
m e n i b e r in good s t a n d i n g of C S E A for a c o n t i n u o u s period of five y e a r s preceding
a p p o i n t m e n t a n d m u s t h a v e held or be c u r r e n t l y holding an elected office. N o S t a t e w i d e
Officer shall be a p p o i n t e d to t h e J u d i c i a l B o a r d .
C . E a c h Judicial B o a r d m e m b e r shall serve for a t e r m coincident with t h e t e r m of
t h e officer a p p o i n t i n g t h a t m e m b e r .
D . A v a c a n c y on t h e J u d i c i a l B o a r d shall be filled b y t h e officer m a k i n g t h e initial
a p p o i n t m e n t . ( E x c e p t , only t h e P r e s i d e n t can select t h e C h a i r p e r s o n a n d Vice
(^hairperson.)
E. N o m e m b e r of t h e J u d i c i a l B o a r d m a y serve as a H e a r i n g Officer or m a y v o t e
on a d e t e r m i n a t i o n of t h e J u d i c i a l B o a r d involving a m e m b e r . Local or U n i t f r o m t h a t
m e m b e r ' s Region. Any m e m b e r of t h e J u d i c i a l Board who is also on t h e Board of
Directors of C S E A -may n o t t a k e p a r t in a n y a p p e l l a t e p r o c e d u r e before t h e B o a r d of
Directors.
F. Any m e m b e r of t h e J u d i c i a l B o a r d w h o is n o t eligible for paid release t i m e a n d
who m u s t c h a r g e his or her o w n leave a c c r u a l s for t i m e s p e n t a t J u d i c i a l B o a r d hearings
will be c o m p e n s a t e d a t t h e s a m e per diem r a t e as is a m e m b e r of t h e B o a r d of D i r e c t o r s
of C S E A .
Section 2. J U R I S D I C T I O N .
A. T h e J u d i c i a l Board herein c r e a t e d shall h a v e t h e power to hear, investigate,
d e t e r m i n e , a n d all powers incidental t h e r e t o , as well as t h e power to p r o m u l g a t e
procedures concerning:
(1) all charges a g a i n s t m e m b e r s ;
(2) trusteeships;
(3) election q u e s t i o n s concerning c o n t r a c t r a t i f i c a t i o n .
B. T h e J u d i c i a l B o a r d shall h a v e t h e power u p o n t h e c o n s e n t of all t h e p a r t i e s
h e r e t o to m u t u a l l y waive a n y of t h e t i m e limits c o n t a i n e d in this article.
Section 3. P R O C E D U R E .
A. C h a r g e s a g a i n s t i n d i v i d u a l m e m b e r s .
(1) A n y m e m b e r m a y file a c h a r g e a g a i n s t a n y m e m b e r or officer of C S E A . A n y
E x e c u t i v e C o m m i t t e e of a Unit, Local, or Region m a y file a charge a g a i n s t a n y m e m b e r
or officer of C S E A .
(2) E a c h c h a r g e m u s t be filed with t h e Judicial Board, 33 Elk S t r e e t , A l b a n y ,
N e w York 12224, by registered or certified mail, r e t u r n receipt l e q u e s t e d a n d a copy of
t h e c h a r g e m u s t be served on t h e person a g a i n s t w h o m t h e c h a r g e is m a d e by certified
mail, r e t u r n receipt r e q u e s t e d .
(3) E a c h c h a r g e m u s t c o n t a i n t h e n a m e , address, social security n u m b e r , a n d
Local of t h e m e m b e r m a k i n g t h e c h a r g e a n d t h e n a m e , address, a n d Local of t h e p a r t y
against w h o m t h e charge is m a d e . E a c h c h a r g e m u s t set f o r t h a clear, concise s t a t e m e n t
of t h e alleged w r o n g f u l c o n d u c t t o g e t h e r with t h e d a t e s a n d places w h e r e t h e c o n d u c t
took place, a n d t h e n a m e s , a d d r e s s e s a n d t e l e p h o n e n u m b e r s of a n y witnesses to t h e
alleged wrongful c o n d u c t . If a violation of a n y C S E A c o n s t i t u t i o n is alleged, t h e specific
article a n d section of t h a t c o n s t i t u t i o n m u s t be included; if t h e c h a r g e alleges a violation
of a m a n d a t e of t h e C S E A B o a r d of Directors, t h e specific m a n d a t e m u s t be s t a t e d .
E a c h c h a r g e shall be a c c o m p a n i e d by d o c u m e n t a t i o n a n d / o r a s t a t e m e n t signed by t h e
m e m b e r which s u p p o r t s t h e charges. E a c h c h a r g e m u s t also c o n t a i n a s t a t e m e n t by t h e
m e m b e r m a k i n g t h e c h a r g e t h a t t h e person who is being charged with m i s c o n d u c t has
been given a copy of t h e charge.
(4) T h e following shall c o n s t i t u t e t h e basis for charges a g a i n s t a n y m e m b e r or
officer of C S E A :
(a) A violation of a n y provision of t h e S t a t e w i d e , Regional, Local, or U n i t
(Constitution.
(b) M i s a p p r o p r i a t i o n , e m b e z z l e m e n t , i m p r o p e r or illegal use of union f u n d s .
(c) Any c o n d u c t which aids or s u p p o r t s or is intended to aid or s u p p o r t a
c o m p e t i n g labor o r g a n i z a t i o n .
(d) R e f u s a l or failure t o c a r r y o u t legally a u t h o r i z e d m a n d a t e s a n d decisions of
t h e P r e s i d e n t of t h e Association, t h e B o a r d of D i r e c t o r s of t h e Association, t h e d e l e g a t e
body or t h e J u d i c i a l Board,
(e) Using t h e n a m e of t h e Association, or a n y Region, Local, or U n i t thereof,
in an u n a u t h o r i z e d m a n n e r or for a n u n a u t h o r i z e d purpose, including publicizing
(continued on page 11)
t h r o u g h t h e m e d i a a n y political e n d o r s e m e n t c o n t r a r y to t h e e n d o r s e m e n t s a n d
positions a p p r o v e d by t h e S t a t e w i d e a n d / o r Regional Political Action C o m m i t t e e s .
(f) I n t e r f e r i n g w i t h a n y elected official of C S E A in t h e discharge of t h a t
official's lawful d u t i e s .
(g) Solicitation or a c c e p t a n c e of a n y m o n e y or t h e a c c e p t a n c e of a n y g i f t or
more t h a n n o m i n a l value f r o m a n y e m p l o y e r , m e m b e r , g r o u p of m e m b e r s , or e m p l o y e e
of t h e union, or f r o m a n y person or f i r m which has or which is seeking to establish a
business relationship with t h e Association or a n y subdivision thereof.
(h) (.'onviction of a crime, t h e n a t u r e of which is such as to bring t h e union as
a n o r g a n i z a t i o n into d i s r e p u t e .
(i) K n o w i n g l y s u b m i t t i n g a false financial s t a t e m e n t or a u d i t r e p o r t t o t h e
Association or a n y subdivision thereof.
(j) A n y o t h e r 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 C S E A .
(5) A c h a r g e m a y be a m e n d e d a t a n y t i m e with p r o p e r notice t o all parties.
(6) U p o n receiving a charge, t h e J u d i c i a l Hoard m a y dismiss t h e c h a r g e if it a p pears t o be frivolous in n a t u r e or totally lacking in s u b s t a n t i a t i o n . If t h e J u d i c i a l B o a r d
d e t e r m i n e s t h a t t h e r e is p r o b a b l e cause to believe t h a t t h e charge, if p r o v e n , would
s u s t a i n a finding of mi.sconduct, t h e J u d i c i a l Board shall t h e n issue f o r m a l charges
a g a i n s t t h e m e m b e r or officer s e t t i n g f o r t h t h e specific a c t s of m i s c o n d u c t a n d t h e
penalties which m a y be imposed. T h e s e charges shall be a c c o m p a n i e d 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 i n d i v i d u a l charged h a s a right to o b j e c t by filing a n answer by
registered or certified mail t o t h e J u d i c i a l Board within ten d a y s of receipt of t h e
charges. T h e J u d i c i a l B o a r d shall n o t i f y t h e P r e s i d e n t of C S E A w h o shall d e t e r m i n e t h e
e x t e n t t o which t h e Association shall p a r t i c i p a t e in t h e p r o s e c u t i o n of t h e charge. In
those instances w h e r e t h e P r e s i d e n t of C S E A is charged with m i s c o n d u e t , t h e J u d i c i a l
Board shall n o t i f y t h e B o a r d of D i r e c t o r s of C S E A w h o shall m a k e this d e t e r m i n a t i o n .
(7) W i t h i n t h i r t y d a y s of receipt of an answer d e n y i n g t h e charges, t h e J u d i c i a l
Board shall a p p o i n t o n e m e m b e r to hold a hearing on t h e charges unless, in t h e opinion
of t h e Board, a full B o a r d h e a r i n g is required. T h e hearing shall be c o n d u c t e d according
t o rules of p r o c e d u r e p r o m u l g a t e d b y t h e J u d i c i a l B o a r d . E a c h p a r t y m a y be
represented b y a n a t t o r n e y a n d shall be given t h e right to p r e s e n t witnesses a n d o t h e r
evidence in his or her o w n behalf a n d t o cross-examine witnesses p r e s e n t e d by t h e o t h e r
p a r t y . A v e r b a t i m record shall n o t be required; however, a n y p a r t y to t h e proceedings
m a y r e q u e s t a s t e n o g r a p h i c t r a n s c r i p t of t h e proceedings p r o v i d e d t h a t t h e p a r t y
r e q u e s t i n g a t r a n s c r i p t b e a r t h e cost of such record a n d f u r n i s h copies to t h e J u d i c i a l
Board a n d to t h e o t h e r p a r t y .
(8) If no answer is s e r v e d to t h e f o r m a l charges of t h e J u d i c i a l B o a r d , or if t h e r e
is no a p p e a r a n c e b y a- p a r t y a t a scheduled hearing, t h e J u d i c i a l B o a r d m a y m a k e a
d e t e r m i n a t i o n on t h e e v i d e n c e t h e n before it, or m a y hold a h e a r i n g w i t h o u t
p a r t i c i p a t i o n by t h e a b s e n t p a r t y .
(9) W h e r e a h e a r i n g is held, t h e J u d i c i a l Board shall issue a decision within sixty
d a y s a f t e r t h e close of t h e hearing. All d e t e r m i n a t i o n s of t h e J u d i c i a l B o a r d shall be
m a d e by a m a j o r i t y v o t e of a t least five m e m b e r s p r e s e n t .
(10) N o t h i n g herein shall p r e c l u d e s e t t l e m e n t of t h e c h a r g e s a t a n y s t a g e of this
procedure.
(11) A n y m e m b e r or officer m a y be s u s p e n d e d f r o m elected office, p e n d i n g a
hearing a n d d e t e r m i n a t i o n b y t h e J u d i c i a l B o a r d , by t h e P r e s i d e n t of C S E A or b y t h e
E x e c u t i v e Board of a n y Region, Local or U n i t of C S E A .
B. T r u s t e e s h i p s .
(1) A n y Local or U n i t m a y be placed in t r u s t e e s h i p for a n y reason d e e m e d good
a n d sufficient by t h e P r e s i d e n t of t h e Association or b y t h e B o a r d of D i r e c t o r s of t h e
Association. C h a r g e s a g a i n s t a n y Region or U n i t m a y also be d e e m e d charges a g a i n s t
t h e individual officers of t h e Lo{;al or U n i t . In such case, all c h a r g e s will be heard tog e t h e r before t h e J u d i c i a l B o a r d . T h e P r e s i d e n t of t h e Association or t h e B o a r d of
D i r e c t o r s of t h e Association m u s t serve t h e Local, Unit, a n d / o r officers thereof with
charges by registered mail, r e t u r n receipt r e q u e s t e d , with a copy to t h e J u d i c i a l B o a r d .
Such c h a r g e s m u s t c o n t a i n a clear a n d concise s t a t e m e n t of f a c t s c o n s t i t u t i n g t h e basis
for placing t h e Local or U n i t in t r u s t e e s h i p a n d m u s t be a c c o m p a n i e d b y a w r i t t e n
s t a t e m e n t t h a t t h e Local, U n i t or i n d i v i d u a l officers charged h a v e a right to o b j e c t by
filing a n a n s w e r by registered or certified mail t o t h e J u d i c i a l B o a r d within ten d a y s
a f t e r receipt of t h e charges. If no a n s w e r is received, t h e charges shall be d e e m e d
admitted.
(2) T h e P r e s i d e n t of t h e Association or B o a r d of D i r e c t o r s of t h e Association
shall a p p o i n t o n e or m o r e t r u s t e e s to a c t in all m a t t e r s concerning t h e Local a n d / o r
U n i t p e n d i n g a hearing a n d d e t e r m i n a t i o n by t h e J u d i c i a l B o a r d of t h e charges.
(3) T h e J u d i c i a l B o a r d shall hold a h e a r i n g within t h i r t y d a y s a f t e r receiving an
answer from t h e Local a n d / o r i n d i v i d u a l officers. T h e hearing shall be c o n d u c t e d aa
s t a t e d a b o v e u n d e r A.
C. C o n t r a c t r a t i f i c a t i o n procedures.
(1) Any m e m b e r of a Local or U n i t m a y file a r e q u e s t for review of t h e
p r o c e d u r e s utilized in c o n d u c t i n g a r a t i f i c a t i o n v o t e of a d u l y n e g o t i a t e d collective
b a r g a i n i n g a g r e e m e n t c o v e r i n g t h a t m e m b e r ' s Local or U n i t . S u c h r e q u e s t for review
m u s t be filed w i t h i n five d a y s a f t e r t h e results of t h e r a t i f i c a t i o n v o t e h a v e been m a d e
public.
(2) T h e J u d i c i a l B o a r d m a y m a k e such investigation as it d e e m s necessary a n d
shall issue a w r i t t e n r e p o r t a n d decision within t h i r t y d a y s a f t e r receiving t h e r e q u e s t
for review.
(3) S u c h d e t e r m i n a t i o n of t h e J u d i c i a l Board shall be final a n d b i n d i n g on t h e
m e m b e r s of t h e Local or U n i t a f f e c t e d by t h e r a t i f i c a t i o n v o t e .
Section 4. P E N A L T I E S .
A. If t h e c h a r g e s 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 a g a i n s t a n y m e m b e r , t h e
J u d i c i a l B o a r d m a y impose a n y one or m o r e of t h e following penalties:
(1) a f o r m a l r e p r i m a n d ;
(2) full or p a r t i a l r e s t i t u t i o n w h e r e t h e consequences of t h e offense can be
m e a s u r e d in m a t e r i a l t e r m s ;
(3) r e m o v a l f r o m a n y elected o r a p p o i n t e d office or position;
(4) suspension of t h e r i g h t to hold or seek a n y elected or a p p o i n t e d office or
position for a period n o t t o exceed five y e a r s ;
(5) suspension f r o m m e m b e r s h i p for a specified period of t i m e n o t to exceed
three years;
(6) expulsion f r o m m e m b e r s h i p .
B. If t h e c h a r g e s or a n y p a r t of t h e m a r e n o t s u s t a m e d , a n d t h e J u d i c i a l Board is
convinced t h a t t h e c h a r g e s were n o t b r o u g h t in good f a i t h or were i n s t i g a t e d by malice,
t h e J u d i c i a l B o a r d m a y i m p o s e such p e n a l t y on t h e c h a r g i n g p a r t y a s in its j u d g m e n t is
d e e m e d p r o p e r u n d e r t h e c i r c u m s t a n c e s , including t h e imposition of all costs a n d
expenses incurred b y t h e d e f e n d i n g p a r t y a n d t h e J u d i c i a l B o a r d in p r o s e c u t i n g a n d
d e f e n d i n g t h e charges.
C. If t h e c h a r g e s or a n y p a r t of t h e charges a g a i n s t a Local concerning a
t r u s t e e s h i p a r e s u s t a i n e d , t h e J u d i c i a l B o a r d m a y impose (in a d d i t i o n to t h e penalties in
p a r a g r a p h A a b o v e which m a y be imposed a g a i n s t o f h c e r s or m e m b e r s of t h e Local) a n y
one or m o r e of t h e following penalties:
(1) f o r m a l r e p r i m a n d ;
(2) full or p a r t i a l r e s t i t u t i o n w h e r e t h e c o n s e q u e n c e s of t h e offense can be
measured in m a t e r i a l t e r m s ;
(3) t h e c o n t i n u a t i o n of t h e t r u s t e e s h i p for a period of t i m e until elections can be
held a n d officers installed;
(4) t h e c o n t i n u a t i o n of t h e t r u s t e e s h i p for a period n o t t o exceed t h r e e years.
Section 5. A P P E A L S .
A. Any person or e n t i t y believing himself/herself aggrieved b y a d e t e r m i n a t i o n of t h e
Judicial Board (except as it relates to q u e s t i o n s c o n c e r n i n g c o n t r a c t ratifications) m a y
ap|)eal said d e t e r m i n a t i o n by filing an objection to t h e B o a r d of D i r e c t o r s of C S E A within
fifteen d a y s of t h e receipt of t h e d e t e r m i n a t i o n of t h e J u d i c i a l B o a r d . Said o b j e c t i o n s m u s t
be s e n t registered or certified mail, r e t u r n receipt r e q u e s t e d to t h e C S E A Board of Directors, 33 Elk S t r e e t , A l b a n y , New York 12224. T h e a p p e a l m u s t s t a t e with specificity, all
jK)rtions of t h e d e t e r m i n a t i o n of t h e J u d i c i a l B o a r d to which exception is t a k e n , including
t h e specific q u e s t i o n s of procedure, fact, law or policy which exceptions a r e t a k e n a n d t h e
reasons t h e r e f o r .
B. T h e Board of D i r e c t o r s of C S E A shall consider a n y a p p e a l s which h a v e been d u l y
filed a n d issue a d e t e r m i n a t i o n no later t h a n t h e second B o a r d of D i r e c t o r s ' m e e t i n g
following receipt of t h e a p p e a l . "
E x p l a n a t i o n : T h e c u r r e n t procedure for imposing discipline u p o n m e m b e r s or Locals
has t w o m a j o r d e f e c t s which will be corrected by t h e a d o p t i o n of t h e proposed plan. First,
t h e r e c u r r e n t l y exists within CSE^A six s e p a r a t e trial b o a r d s w i t h i n each region a p p o i n t e d
by t h e Region P r e s i d e n t . T h e new p r o c e d u r e proposes o n e s t a t e w i d e judicial board comprised of one m e m b e r f r o m each region a p p o i n t e d by t h e Region P r e s i d e n t a n d t w o
m e m b e r s a p p o i n t e d by t h e P r e s i d e n t of C S E A . A single judicial b o a r d which hears all
cases t h r o u g h o u t t h e S t a t e will result in a p r o c e d u r e t h a t is fair a n d e v e n h a n d e d a n d will
e l i m i n a t e t h e possibility of trial b o a r d s being a p p o i n t e d for politically m o t i v a t e d reasons.
T h e p r o c e d u r e c o n t e m p l a t e s t h a t no judicial b o a r d m e m b e r f r o m t h e region in which t h e
disciplined m e m b e r or disciplined local is located will be allowed to p a r t i c i p a t e in t h e
proceeding a f f e c t i n g t h a t individual or Local. In t h e C o m m i t t e e ' s opinion, this proceclure
will e n s u r e a m o r e i m p a r t i a l hearing a n d m o r e c o n s i s t e n t decisions a n d penalties. Second,
t h e c u r r e n t p r o c e d u r e provides t h a t Locals placed in t r u s t e e s h i p s h d l be d e a l t with by t h e
Board of D i r e c t o r s of C S E A . In practice, a c o m m i t t e e of t h e B o a r d is a p p o i n t e d to h e a r
a n d d e t e r m i n e t h e m e r i t s of t h e trusteeship. A full r e p o r t is t h e n given to t h e Board of
D i r e c t o r s a n d a c t e d u p o n . If individual officers of t h e Local a r e t o be charged in connection with t h e t r u s t e e s h i p , their hearings a r e c o n d u c t e d before t h e a p p r o p r i a t e regional
trial b o a r d . T h i s p r o c e d u r e is costly a n d results in a d u p l i c a t i o n of e f f o r t since t w o b o a r d s
or panels a r e h e a r i n g t h e s a m e issue. I t also provides for t h e possibility t h a t these t w o
b o a r d s will r e n d e r d i f f e r e n t decisions a n d / o r penalties, a p r e d i c a m e n t which would be em^
barrassing for C S E A a n d p r o b a b l y result in neither decision being enforceable. 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 new Article.
(3) T h e following a m e n d m e n t to Article VI, Section 1, w a s .submitted to t h e ( b m m i t t e e by t h e C o m m i t t e e for M e t h o d s a n d P r o c e d u r e s by letter d a t e d J u l y 6, 1981:
A R T I C L E VI
COMMITTEES
" S e c t i o n I. S T A N D I N G C O M M I T T E E S . T h e S t a n d i n g C o m m i t t e e s of t h e
Association shall be as follows: I n s u r a n c e C o m m i t t e e , Legal C o m m i t t e e , Revision of (k)nstitution a n d B y - L a w s C o m m i t t e e , Retirees C o m m i t t e e , C o n v e n t i o n C o m m i t t e e , Political
a n d Legislative Action C o m m i t t e e , [ G r i e v a n c e C o m m i t t e e , ] Pension C o m m i t t e e , C o m m i t t e e for M e t h o d s a n d Procedures, E d u c a t i o n a n d T r a i n i n g C o m m i t t e e , Election
Proctxlures C o m m i t t e e a n d C o m m i t t e e to Oversee t h e C o m p r e h e n s i v e E m p l o y m e n t a n d
Training Act." 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 C o m m i t t e e for M e t h o d s a n d P r o c e d u r e s r e c o m m e n d s deletion of
the G r i e v a n c e (Committee since t h e f u n c t i o n of t h a t c o m m i t t e e h a s been n e g a t e d in view of
t h e f a c t t h a t g r i e v a n c e procedures are now negotiable. O u r C o m m i t t e e c o n c u r s a n d
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 .
(4) T h e following a m e n d m e n t to Article VI, Section 1, w a s s u b m i t t e d to t h e C'omm i t t e e by t h e - C ' o m m i t t e e for M e t h o d s a n d P r o c e d u r e s b y l e t t e r d a t e d J u l y 6, 1981:
A R T I C L E VI
COMMITTEES
" S e c t i o n 1. S T A N D I N G C O M M I T T E E S . T h e S t a n d i n g C o m m i t t e e s of t h e
Association shall be as follows: I n s u r a n c e C o m m i t t e e , Legal C o m m i t t e e , Revision of 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 , Retirees C o m m i t t e e , C o n v e n t i o n C o m m i t t e e , Political
a n d Legislative Action C o m m i t t e e , G r i e v a n c e C o m m i t t e e , [Pension C o m m i t t e e , ] C o m m i t t e e for M e t h o d s a n d Procedures, ?]ducation a n d T r a i n i n g C o m m i t t e e , Election
Procedures C o m m i t t e e a n d C o m m i t t e e to Oversee t h e C o m p r e h e n s i v e E m p l o y m e n t a n d
Training Act." 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 C o m m i t t e e for M e t h o d s a n d P r o c e d u r e s r e c o m m e n d s deletion of
t h e Pension C o m m i t t e e since t h e f u n c t i o n of t h a t c o m m i t t e e h a s been n e g a t e d in view of
t h e f a c t t h a t t h e legislative p r o g r a m now e n c o m p a s s e s t h e pension p r o g r a m s . O u r C o m m i t t e e c o n c u r s a n d 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 to Article VI, Section 4, w a s s u b m i t t e d to t h e C\)mm i t t e e by t h e C o m m i t t e e for M e t h o d s a n d P r o c e d u r e s b y letter d a t e d J u l y 6, 1981:
A R T I C L E VI
COMMITTEES
" S e c t i o n 4. S P E C I A L A N D A D H O C C O M M I T F E E S . T h e Special C o m m i t t e e s of
t h e Association shall be aa 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 , W o m e n ' s C o m m i t t e e , 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 Association. M e m b e r s of these c o m m i t t e e s shall be a p p o i n t e d by t h e P r e s i d e n t of t h e Association for t h e d u r a t i o n of t h e
P r e s i d e n t ' s t e r m of office or until successor a p p o i n t m e n t s h a v e been m a d e . Special (Comm i t t e e s [ s h o u l d ] shall m e e t a t least [ t h r e e t i m e s ] once a y e a r a n d review m a t t e r s p e r t i n e n t
to t h e c o m m i t t e e a s s i g n m e n t a n d / o r u p o n call of t h e Association's P r e s i d e n t . T h e
m e m b e r s h i p of these c o m m i t t e e s shall n o t be less t h a n seven, nor m o r e t h a n eleven, a n d
t h e m a k e u p of such c o m m i t t e e s shall include r e p r e s e n t a t i o n f r o m each Region a n d p r o p o r tional r e p r e s e n t a t i o n for t h e C o u n t y Division on s u c h c o m m i t t e e s t h a t a f f e c t C o u n t y
problems."
E x p l a n a t i o n : T h e C o m m i t t e e for M e t h o d s a n d P r o c e d u r e s r e c o m m e n d s t h e a b o v e
a m e n d m e n t based on t h e f a c t t h a t m a n y of t h e s e c o m m i t t e e s a r e c r e a t e d to a d d r e s s
specific issues a n d it is a p p a r e n t t h a t such f u n c t i o n s m a y be p e r f o r m e d in less t h a n t h r e e
meetings. R e m o v a l of this m a n d a t e would allow thiese c o m m i t t e e s to r e m a i n a n d to m e e t
as m a n y t i m e s as necessary. O u r C o m m i t t e e c o n c u r s a n d r e c o m m e n d s a d o p t i o n of t h e
amendment.
MISCELLANEOUS ITEMS:
T h e following a r e open 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 r e q u i r e 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) P r o p o s e d a m e n d m e n t t o Article V I I , Section 1 of t h e C o n s t i t u t i o n as passed b y
t h e C o u n t y Division a t its w o r k s h o p in J u n e , 1981, a n d t r a n s m i t t e d to o u r C o m m i t t e e b y
letter d a t e d A u g u s t 24, 1981, by Nicholas Abbatiello.
(b) P r o p o s e d a m e n d m e n t to Article IV, Section 2 ( a ) (3) of t h e B y - L a w s s u b m i t t e d
by D o m i n i c Spacone, J r . d a t e d J u l y 23, 1981.
(c) P r o p o s e d a m e n d m e n t to Article V l l , Section 2 of t h e C o n s t i t u t i o n s u b m i t t e d by
J e r o m e D o n a h u e by letter d a t e d O c t o b e r 14, 1980.
THE PUBLIC SECtÖR, Wednesday, September 30, T981
•
Page 11
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HAUPPAUGE — If Suffolk County's proposed 1982 budget is any indication, Reaganomics is coming to New York State with a vengence.
Claiming that the Reagan election "set the nation on a new course, one
calling for less government involvement, less government spending and lower
taxes, " Suffolk County Executive Peter F. Cohalan announced his proposed
county budget which calls for the elimination of 736 county jobs and deep cuts
in a variety of health and social programs and other services to taxpayers.
In addition, Mr. Cohalan proposed a general fund tax rate hike of 54 cents,
more than half of which will be used to pay for an interest-free loan for the
scandal-plagued Southwest Sewer District.
"I would point out to Mr. Cohalan, that his proposed budget is just that — a
proposal. We intend to fight for our jobs and for continued services to the
citizens of Suffolk County," said Charles Novo, Suffolk County Local 852
president. The budget, to become final, must be approved by two-thirds of the
18-member Suffolk County Legislature.
Mr. Novo is heading a CSEA campaign to oppose the layoffs. The budget is
being analyzed by the AFSCME budget office in Washington, he said, and Local
852 is working with CSEA headquarters in Albany and local Suffolk Community
Action groups to find hidden fat in the budget. In addition, the CSEA Region
One Political Action Committee has been geared up and is already contacting
legislators and other political leaders to lobby against the cuts.
Mr. Novo also urged all CSEA members to work closely with their unit
presidents and to organize petition drives to keep their various departments
and services.
A target of the lobbying effort is the proposed $3 million loan by the County
to the Southwest Sewer District to pay for deficits on the more than one billion
dollar public works project. The loan would amount to 29 cents of the 54 cents
tax increased that Mr. Cohalan is proposing.
"Because of the cutbacks in federal funding we are so far facing a small
number of proposed layoffs in Nassau County while Suffolk County is proposing
massive cuts. We have to attribute the situation in Suffolk to the enormous cost
overruns, crime and general mismanagement of the Southwest Sewer District.
It is unjust that employees should be fired and taxpayers penalized with loss of
services because of gross incompetency of management," said Danny
Donohue, Region One president. Mr. Donohue said that he had committed the
Region to the fight to restore jobs and services in Suffolk County.
Mr. Novo said that he felt the Suffolk Legislature would reject the loan and
that the CSEA would press legislators to use the money to restore jobs and
programs.
"We think we can stop many of the layoffs if we all work together in a
steady campaign," Mr. Novo said, "but if anyone is to be laid off, we will insist
that the County abide by the New York State Civil Service Laws, the County
Civil Service Rules and Regulations and the CSEA contract.
The Suffolk County budget, released on Sept. 14, is believed to be among
the first budget proposals to be announced in New York State this year. It calls
for the elimination of more than 1,300 positions, of which 736 are filled and the
rest are vacant. The Suffolk County Legislature has scheduled budget hearings
for Oct. 6 and 13 and Mr. Novo said that CSEA plans demonstrations and will
schedule a number of speakers at the hearings.
Octolier annual Insuranca transfar month
Employees who wish to change their health insurance coverage options under the State Health Insurance Program may do so throughout
October, the annual insurance transfer period.
The options available in the State Health Insurance Program are the
Statewide Plan, the GHI Plan and 13 Health Maintenance Organizations
(HMO) located throughout the state.
During the transfer period, GHI will be offering a Comprehensive
Benefit Package (CBP) rider designed to augment the basic GHI benefits
available through the State Health Insurance Program.
The CBP rider, available to active employees only, will provide for
an approximately 100 percent increase in GHI's basic payment for surgery, anesthesiology, radiology and in-hospital medical care charges:
The total added cost for the additional coverage under the rider will be
borne by the employee, but premiums will be collected through payroll
deduction.
Employees should note there may be significant differences beween
the HMO and the Statewide and GHI options in the areas of Medicare
eligibility, student dependents and prescription drugs.
. Employees who wish to change insurance enrollment options must
submit an application form to their personnel office sometime in October. For more information, contact the Employee Insurance Section of
the Civil Service Department at (518 ) 457-5754.
Paul Burch appointed union's
director of field services
Will direct the
field staff and
oversee the six
regional offices
ALBANY - Paul T. Burch, a CSEA Collective
Bargaining Specialist, has been appointed the union's new Director of Field Services. He
succeeds Patrick G. Rogers, who retired in
August after 22 years.
In his new position, Burch will be responsible
for directing the field staff, including the
regional directors, the field representatives and
the assistant field representatives throughout
the state, who assist CSEA in all levels of
government. He will also oversee the general
operation of the union's six region offices.
Paul Burch
Page 12
Burch, a native of Albany, joined CSEA as a
Collective Bargaining Specialist in 1968. He
handled negotiations with the Office of Court Administration, the Thruway Professional Unit and
various state agencies, including SUNY, the
Department of Labor, the Office of Mental
Health and the Department of Social Services.
THE PUBLIC SECTOR, Wednesday, September 30, 1981
Judiciary employees
are urged to provide
negotiation demands
ALBANY — CSEA judicary employees are about
to return to the bargaining table with the state Office of Court Administration and CSEA President
William L. McGowan would like their views on contract demands.
Any judiciary employees wishing to express an
opinion on items to be included in the upcoming
CSEA-OCA contracts should send their demands,
with examples to support their position, to CSEA
President William L. McGowan, 33 Elk Street,
Albany, NY, 12207.
The demands will be provided to the judiciary
negotiating teams for consideration in establishing
overall contract demands in the bargaining units.
Members are asked to send copies of their
demands to their CSEA Regional President.
Union backs PERB
ALBANY — CSEA has intervened by stipulation in
an Article 78 proceeding on behalf of the Public
Employment Relations Board (PERB).
The proceeding, brought against P E R B by
Herbert B. Evans, Chief Administrative Judge of
the Courts of the State Unified Court System, concerns a July 9 decision by PERB that law clerks and
law assistants to judges in New York State should
not be classified as managerial or confidential.
Evans alleges that the ruling is "arbitrary,
capricious and illegal."
The determination insured that the more than 750
law clerks and law assistants in the state would continue to enjoy union representation of their jobs.