C^EA calling for ideas for '85 legislative program ALBANY-CSEA officials are now setting tlieir sights on the upcoming legislative season. Joseph Conway, who chairs the statewide Legislative and Political Action Committee, has put out a call for ideas for the union's 1985 legislative program. Says Conway: " W e ' r e seeking ideas so that the commit- tee will have the broadest possible range to choose from. I ask the rank and file to write us today with their suggestions." Ideas for CSEA's 1985 Legislative Program should be sent, by Nov. 9, to: Joyce Dimitri, CSEA Legislative Office, 150 State St., 5th floor, Albany, N.Y. 12206. New political action coordinators, Pages 6 & 7 4 Official Publicatk)n of The Civil Service Employees Association Local 1000, American Federation of State, Coiinty and Municipal Employees AFL-CIO. I ISSN 0164 9949) Vol. 5, No. 52 Friday, October 5,1984 Victories in SuiSotk Hazard-plagued Social DEER PARK — CSEA has won the battle to get Suffolk County to move the Department of Social Services' Babylon Center to protect members and clients from enduring elevator, heating, ventilation, bug infestation and water problems. Nearly 100 CSEA members, who had done their jobs in adverse conditions at the five-story building for the last four months, have been temporarily moved to the Bay Shore Center. Within weeks, the members will be permanently assigned to the Bay Shore, Amityville, Huntington and Smithtown Centers. About a week before the county's decision to move Babylon Center, CSEA demonstrated outside the center, chanting, "Move us, don't abuse us." Working conditions at the center were horrendous," said Local 852 Acting President Lynn Martins, a social services welfare examiner. "I am very pleased the county recognized the plight of our members and corrected the situation. "We did everjrthing to force the county to move," Martins said. "We filed a grievance and a state Department of Labor complaint. We talked to the county. We lobbied the county Legislature. We demanded the county executive resolve the problem following the evacuation of the center due to carbon monoxide fumes. Finally, we demonstrated.'' The demonstrating CSEA members were joined by sympathetic members from towns and villages in Local 852, Kings Park Psychiatric Center Local 411, Central Islip Psychiatric Center Local 404, Pilgrim Psychiatric''Center Local 418 and Long Island Developmental Center Local 430. "The demonstration at Babylon Center lAYOFFS AVERIED center moved dramatically illustrated the concern and strong support of other CSEA members on Long Island for those working at Babylon Center," said Long Island Region President Danny Donohue, who also marched. "The leadership of Local 852, with the assistance of Field Representative Irwin M. Scharfeld, built such a strong case against Babylon Center that the county had no choice but to move." CSEA's efforts to get the county to move the center began on July 11 with a grievance about the inoperable elevator due to flooding. A week later, Martins informed Social Services Commissioner Anita Romano of the problems, seeking her support in resolving the situation. On July 24, CSEA filed a complaint with the state Department of Labor, pointing out numerous problems at the center. A. week later, Local 852 Grievance Representative Sue Carbone requested a third-party hearing with the county to resolve the matter. That request was the first time a health and safety grievance had gone that far. On Aug. 10, DOL issued violations and orders to comply to the county concerning Babylon Center. Carbon monoxide fumes forced the evacuation of the building two weeks later and prompted Local 852 to lobby the county Legislature to resolve the problems. Martins, Local 852 First Vice President Jim Persanti, Carbone and Field Representative Scharfeld met with high-ranking county officials to resolve the Babylon Center situation on Sept. 4. • Not satisfied with the county's action on the matter, CSEA Local 852 officers met with the membership at Babylon Center to prepare the demonstration that led to the move. HAUPPAUGE — Massive layoffs appear to have been averted in Suffolk County due, in large part, to the passage of the early retirement option. CSEA Local 852 lobbied heavily for early retirement option in Suffolk County following a major drive by the union to get the state Legislature to pass the early retirement incentive bill in June. MOVE US, DON'T ABUSE US — CSEA Region President Danny Donohue was among those who demonstrated recently outside Babylon Center, a Suffolk County social services facility plagued by problems for months. One week after the march, the county announced plans to move the center. Last week, County Executive Peter F. Cohalan submitted his proposed budget - which showed less than 10 layoffs — to the county Legislature. "CSEA will continue to work to protect our members' jobs," said Local 852 Acting President Lynn Martins. "I am concerned that some members still face layoffs, but the threat of massive layoffs has been averted." O CSEA Constitution and By-Laws, Pages 14-18 O State health awareness program begins •HIHI • Employees to receive Personal Risk Profile ^ This month, all state employees will have an opportunity to participate in an innovative health program offered by the New York State Department of Civil Service through its Employee Benefits Division. According to Civil Service Commissioner Karen Burstein, the Personal Risk Profile is the first step of the department's "Stay Healthy — It Pays" program. The profile uses family medical history, health habits and laboratory measurements to determine an individual's chances of becoming ill or staying well. Says Burstein: "It is no secret, of course, that healthy employees are more productive and have lower health care costs." The profile is provided at no cost to the employee, and free blood tests, which help measure risk of heart disease and stroke, will also be available at more than 100 work locations across the state. Every employee will have the opportunity to fill out and mail the questionnaire. Within two weeks, each participant will receive a confidential, computer-generated report of personal health risks. The questionnaire processing and report production will be done by General Health, Inc., an independent, Washington, D.C.-based firm. The profile details, in an easy-to-undertand manner, how the ways in which we choose to live affect our health — our risks of heart disease, cancer, even auto accidents. By becoming more aware of personal habits, individuals can improve their health and possibly lengthen their lives. Both the questionnaire and the report are 'completely confidential. Employers will never see any personally identifiable information without an employee's express written consent. Stay Healthy - It Pays! Board of Directors EDITOR'S NOTE: The Public Sector regularly publishes a summary of actions taken by CSEA's statewide Board of Directors at the board's official meetings. The summary is prepared by statewide Secretary Irene Carr for the information of union members. By Irene Carr CSEA Statewide Secretary ALBANY — The September meeting of CSEA's Statewide Board of Directors convened here Sept. 13. Acting on the Treasurer's Report, the Board moved to continue normal disbursements until a formal budget is approved for the 1985 fiscal year and to accept five overdue vouchers for payment. Approving motions by the Local Government Executive Committee, the Board named David Mayo to the Appeals Committee and elected Dominic Spacone a trustee of the Political Action Fund. Maximum allowances for delegates at the Lake Placid meeting were set at $31 per May for meals and $30 per day miscellaneous expenses, and the Board agreed to correct and distribute the proposed Meeting highlights Standing Convention Rules for the 1984 delegates meeting. « Regional political action committees were named, based on resolutions submitted by regional presidents. The chairpersons are: Tom Stapleton, Region I; James P. Heekin, Region II; Eleanor McDonald, Region III; W. John Francisco, Region IV; and Dorothy Penner, Region V. The Region VI Conunittee is awaiting Regional Executive Board action. A new Retiree Division Constitution was approved, giving CSEA retiree members a degree of autonomy. Changes were also made in the local and unit Constitutions, as follows: A new Section 3 of Article IX reads: "If a Local does not receive a rebate due to its failure to comply with all of the provisions of the mandated Local Constitution and the Statewide Constitution, the Local is still obligated to pay rebates to units which have complied with reporting standards, providing there are sufficient funds in the Local treasury." An amendment was also made in Article IX, Section 9 of the Region, local and unit constitutions. UNFAIR LISI regarding payment of honoraria. Under the new wording, establishment of any honorarium or changes in the amount of any existing honorarium "must be approved prior to Nov. 1 in the year preceding the election and shall not take effect until after an intervening election has occurred." Based on the Personnel Committee's recommendation, the position of conmiunications associate, grade 18, in CSEA Headquarters was reclassified to graphic artist typographer, grade 18/20. The Board authorized the president to initiate action to purchase the building at 143 Washington Ave., Albany, to serve as new CSEA Headquarters building. The Board also requested a report from the Joint Apprenticeship Committee on the current apprenticeship programs. The report should include: the number of applicants for each title, number who were refused, and names, work locations and seniority dates of selected candidates. Questions by CSEA members concerning the union's Board of Directors should be directed to that member's Board representative of the secretary's Board minutes are mailed to all Board representatives and local presidents. The Union Label and Service Trades Department, AFLrCIO has placed tion of Musicians, International Alliance of Theatrical Stage Employees, the loUowing employers on its unfair list. Please do not use their products Associated Actors and Artists of America; or services. New York Air, scheduled airline — Air Line Pilots Association; Perdue Farms, dressed chicken and chicken parts—United Food & ComMichelin Tire Corp., automobile tires — United Rubber, Cork, Linoleum mercial Workers International Union; & Plastic Workers of America; United Artists & Syufy Enterprises, motion picture theaters — Service Nevada Resort Association, 26 Las Vegas hotel-casinos — Hotel Employees and Restaurant Employees IntemationQl Union, American Federa- Employees International Union; Page 2 THE PUBLIC SECTOR. F r i d a y , O c t o b e r 5, 1984 Boncoraglio warns menial health commission's proposals 'dehumanizing' ALBANY — Metropolitan Region President George Boncoraglio says his experience as a South Beach Psychiatric Center therapy aide convinces him proposals to revamp New York's mental health system will not work. The proposals were recently unveiled by the Governor's Select Commission on the Future of the State-Local Mental Health System. The union leader, testifying at a public hearing held in conjunction with release of the commission's final draft report, said, "I speak as a worker at South Beach, an institution that has been recognized by the American ^Once down this road too late to turn back will be a tragedy mentally ill in New it will be and that for the York.' Psychiatric Association for its outstanding service." He then warned that the commission's recommendations — especially the proposal to reduce the resident population at state mental health facilities — would "dehumanize the system. "Often when a patient is released into the community that patient feels rejected. But, when a patient is released to a community-based program operated by the institution, that patient still has contact with workers he is familiar with. "As a result, the patient realizes that while the setting is different, care is being provided by the same family of workers." In addition to reducing the resident population at mental health facilities, the commission recommended establishing regional agencies to coordinate all services to the mentally ill, and spending $35 million to hire case managers. TESTIFYING - Metropolitan Region 11 President George Boncoraglio is pictured testifying at the recent public hearing concerning proposals made by the Govemor^s Select Commission on the Future of the State-Local Mental Health System. But these recommendations strike Boncoraglio as "an uncharted course" and "a radical departure from the existing system. "If this course is followed, working systems, like the one at South Beach, would be dismantled, to be replaced by an unknown. The result will be poorer care for the mentally ill. "Once down this road it will be too late to turn back and that will be a tragedy for the mentally iU in New York." Concludes Boncoraglio: "The path you (the commission) recommend is a dangerous one. Look again at the resources that already exist and make better use of them." Pay Equity Comp worth study gets underway ALBANY — Questionnaires will be distributed this month to approximately 35,000 randomly selected state employees in an attempt to find out if there is sexual or racial bias in New York state pay structures. The questionnaires are the latest phase in the * comparable worth project called for in the current contracts between CSEA and the state. CSEA represents more than 100,000 workers in the Ad- — ministrative, Institutional and Operational Services Bargaining Units. Comparable worth, also known as pay equity, goes a step beyond the "equal pay for^ual work" dictum, and asks whether the traditional salary structures underpay workers in jobs that have been held primarily by women and minorities. CSEA members who have been selected to participate in the survey are being urged to take the time to respond to the 100 multiple choice questions. Employees will require from 20 to 60 minutes to fill out the questionnaire, and time is being permitted for this during work hours. The study is being conducted by the Center for Women in Government, a unit of the State University of New York at Albany, with $500,000 in grant money. It will examine some 3,500 job titles, ineluding some which are not in CSEA bargaining units. Preliminary work on the study began in June 1983, and pilot testing was conducted in the spring of 1984. The questionnaires which go out this month are the first major phase of the research. Nationwide, the concept has been rapidly gaining credibility and acceptance. A Bureau of National Affairs report recently found that 15 states have enacted statutes requiring comparable worth systems for government employees. Your help is vital. If you are among the State workers chosen to receive a questionnaire, please take the time to respoi\d. THE PUBLIC SECTOR, F r i d a y , O c t o b e r 5, 1984 Page 3 »Pwblic- SSECTOR Official publication of The Civil Service Employees Association Local 1000, AFSCME, AFL-CIO 33 Elk Street, Albany, New York 12224 The Public Sector (445010) is published every other Friday by the Civil Service Employees Association, 33 Elk Street, Albany, New York 12224. Publication office, 1 Columbia Place, Albany, New York 12207. Second Class Postage paid at Post Office, Albany, New York. MICHAEL P. MORAN — Publisher ROGER A. COLE - Editor TINA LINCER FIRST — Associate Editor BRIAN K. BAKER — Assistant Editor Address changes should be sent to Civil Service Employees Association, The Public Sector, 33 Elk Street, Albany, New York 12224. ^BOR PRESSli — C o n t r a c t N e w s New two-year contract for Ossining village employees SIGNED — Ossining Village Manager George Kupchynsky signs a two-year contract between the village and the CSEA unit. The contract provides for a 5 percent across-the-board pay increase retroactive to Jan. 1; 2 percent retroactive to July 1; 4.5 percent increase effective Jan. 1, 1985 and 3.5 percent as of July 1, 1985. CSEA Collective Bargaining Specialist Manny Vitale led the negotiations. Seated with^^^^jirn^^^J^upchynsky is Unit President Lou Araisco. y ^ ö e ^ ^ S ^ v Standing are CSEA members Dominic S a v i n o , / g ^ l l f ^ ^ S j f ö ^ Lillian Kelly and Donald Balassone. ißt^KSfiJmW^IS^ Ossining is part of County Local 860. CSEA Westchester Three-year agreements for Niagara educational units Niagara Falls schools NIAGARA FALLS — Agreement on a three-year contract has been reached by the 350-member Niagara Falls Schools Unit of Niagara County Educational Local 872. Wage increases of 6 percent in each year of the pact, plus increments in the third year, were gained by the custodial and clerical unit. Another major gain for each employee is a $10,000 life insurance policy. A joint salary study, with a report due in 1987, will recommend a new basic salary for all job titles for successor agreements. The negotiating team included Local 872 President Dominic Spacone, Unit President Russell Bettis, Eugene Perry, Florence Lennox and Robert Hughes. Chief Negotiator was Thomas B. Christy, CSEA field representative. frainingcenter offers advanced seminars in word processing Page 4 Sfarpoint STARPOINT — A new three-year agreement for the 50-member Starpoint Schools Unit of Niagara County Educational Employees Local 872 includes the CSEA Employees Benefit Fund Vision Care Plan. Wage Increases of 7 percent, 7.5 percent and 8 percent in the first, second and third year, respectively, were also gained for the school employees. Inequities in contract language regarding overtime procedures were also clarified, according to Thomas B. Christy, chief negotiator. The negotiating team also included Unit President Chester Kania, Doris Gabris, Bob Lasal and Howard Leising. ALBANY — The Information Training Processing Center, established for employees of the state's Administrative Services Unit, is offering seminars for more sophisticated application of word processing. The advanced training is for employees who operate word processors as part of their jobs. Among the seminars available are the "IBM Displaywriter Skills Sharpener," THE PUBLIC SECTOR, F r i d a y . O c t o b e r 5, 1984 schools "Xerox 860 Records Processing" and "Screen Sort." The training center is part of the Clerical and Secretarial Employee Advancement Program (CSEAP) and is administered by the Department of Civil Service. It is located in Albany and open to members statewide. There is no fee. Inquiries can be made to agency personnel offices or call Betty Kurtik, CSEAP coordinator, at (518) 473-0667. CSEA now offering new study booklet for social welfare examiner ALBANY — The study review booklet desired for members interested in taking^ the social welfare examiner series of CivU Service exams is now available through CSEA's Education Department. The booklet is the third in the study guides for Local Government Division members, along with booklets on the secretarial and typing series of exams and the custodial series. The newest study guide is entitled "Social Welfare Examiner Series: Review Work in Supervision and Administration; Interviewing; Understanding Social and Human Relations Problems." Scheduled to be available this fall is a study booklet for the case worker series. j LOCAL GOVERNMENT EXAM SERIES I I Date. The Civil Service Employees Association (COUNTIES, MUNICIPALITIES, AND NON-TEACHING SCHOOL DISTRICT PERSONNEL) Attn: CSEA Education Department 33 Elk Street Albany, N.Y. 12207 Please send me the t>ooklet(s) indicated. I understand the price is $1.50 (Includes postage) for EACH booklet ordered, and I have enclosed a check or money order for $ to cover the cost of this order. ' .SECRETARIAL AND TYPING SERIES. Review work in Supervision; Secretarial and Typing Practices; Spelling; Punctuation and Capitalization; Usage. .CUSTODIAL SERIES. Review work in Supervision; Building Cleaning; Building Operations and Maintenance; Ability to Read and Follow Written Instructions. .SOCIAL WELFARE EXAMINER SERIES. Review work in Supervision and Administration; Interviewing; Understanding Social and Human Relations Problems. Please send t)ooklet(s) to: Name Address. City. Social Security Number. .State/Zip. .CSEA LocaL Employer (518)4344191 Agenda set lor CSEA delegates convention The schedule for the CSEA 1984 Annual Delegates Meeting, to be held at the Lake Placid Olympic Center Oct. 21-26, has been finalized. The convention will kick off Sunday, Oct. 21 at 11 a.m., with Board of Directors registration beginning 11 a.m. and winding up at 12:30 p.m. A Board luncheon meeting will be held from 1 to 5 p.m., and certification and registration of delegates is scheduled from 2 to 6 p.m. Monday has been set aside for opening ceremonies and orientation from 9:30 to 10 a.m., and certification and registration of delegates from 10 a.m. to 4:30 p.m. Information tables and exhibits will be open from 10:30 a.m. to 5 p.m. Standing Committee forums will be held 11 a.m. to 12:30 p.m., and from 1 to 2:30 p.m. The committees represented include Convention, Education, Insurance, Membership, Methods and Procedures, Constitution and ByLaws, Election Procedures, Federal and State Employment Training Programs, Legal, Legislative and Political Action, and Safety and Health. Educational seminars are scheduled from 2:30 to 5 jj.m. and include "Civil Service Law: Issues for Local Government," "Local Government Workers and the Federal Budget," "Early Retirement Incentive — Impact on Local Government Members," and "Improving the Image of the Union in Your Community: Good Neighbors/Good News." Bargaining Unit meetings will be held from 2:30 to 5 p.m., and State Departmental meetings will be held at 7:30 p.m. Meetings on issues in local government will also begin at 7:30 p.m. On Tuesday, educational seminars are scheduled from 8 to 9:30 a.m. These include "Parliamentary Procedure," and "Out of Chaos . . . Establishing the Local Union Office." Certification and registration of delegates and information tables will be open from 9 a.m. to 4 p.m., and state and local government delegates meetings will be held from 9 a.m. to 12:310 p.m. A retirees delegates meeting will be held from 9 a.m. to 3 p.m. Educational seminars are scheduled from 3 to 6 p.m. They include "AntiUnion Tactics: What They Are, What We Can Do," "Health Care Cost Containment," "Getting Your Constitution to Work for You: Creating Effective By-Laws," "Making the Difference: Strategies for Successful Change," "Private Sector Labor Law — How It Affects Us As Officers," and "Making Committee Meetings Work." There will be divisional meetings from 7:30 to 8:30 p.m., including Division for Youth, Faculty Student Association, Military and Naval Affairs, Office of General Services, Parks and Recreation, Parole, and State Police. Wednesday's schedule calls for certification and registration of delegates, 9 a.m. to noon, and a general business session, from 9:30 to 3 p.m. There will be a PEOPLE run at 5 p.m. and an AFSCME reception at 6:30 p.m. General business sessions wiU be held Thursday, 9:30 a.m. to 3 p.m., and Friday, 9:30 a.m. to noon. Ready, set, go.., to PEOPLEthon Delegates should plan now to participate in the PEOPLEthon scheduled for Oct. 24 at Lake Placid. The 2.8-mile race around picturesque Mirror Lake will begin at 5 p.m. As usual, the entry fee is a minimum of $30 in pledges for PEOPLE — Public Employees Organized for Legislative Equality. Money will be used to make the union's impact felt in upcoming federal elections. Participants should begin now to sign up'pledges. In addition to the important political action goals of the race, the event will also be a fun event for participants and spectators. Awards will be presented to the top three male and female finishers, and the entrant receiving the most money in pledges will receive a special award. Pledge sheets and entry forms are available by contacting the CSEA Legislative Office in Albany at (518) 436-8622. Or stop by the PEOPLE table at the convention. CSEA STATEWIDE HEADQUARTERS 33 ELK STREET, ALBANY, N.Y. 12224 (518)4344191 ROCHESTER SATELLITE OFFICE BINGHAMTON SAfElLITE OFFICE Sulto 218, Executive Office BIdg. Blnghemton Plaza 33 W. State Street BInghamton, NY 13901 607-772-1750 CANTON SAfELUTE OFFKE P.O. Box 4 8 8 Canton, NY 13617 316-386-8131 or 8 1 3 2 MAYVILLE SATELLITE OFFICE C.M.C. Building 3 6 9 9 W. Henrietta Road Rochester, NY 14623 716-334-7140 UTICA SATELLITE OFFICE P.O. Box 226 Mayvllle, NY. 14767 716-763-6290 PLAnSBURGH SATELLITE OFFICE Broad Street Professional BIdg. 63 Broad Street Plattsburgh, NY 12901 618-663-0701 2 8 9 Genesee Street Utica, NY 13601 316-736-9272 WESTCHESTER SATELLITE OFFICE 2 2 2 Mamaroneck Avenue White Plains, NY 10601 914-946-6906 or 6 9 0 6 •r..r- »..n. r-tJ- /^-.-L-.e ion. A NEW TEAM — At recent orientation in Albany, members of CSEA's new political action team met with President William L. M c G o w a n and L e g i s l a t i v e and Political Action Director Thomas Haley. The six coordinators returned to their regions to begin work last week. First job will be voter registration of CSEA members NEW COORDINATORS TO GIVE BOOST TO POLITICAL ACTION IN CSEA'S REGIONS ALBANY — Six political action coordinators, one for each of CSEA's regions, recently assumed newly-created positions among the union's professional staff. According to Thomas Haley, director of Legislative and Political Action for CSEA, the new coordinators will fulfill a "multi-faceted role," including serving as a "valuable professional staff resource" for local and regional political action committees. The first job for the six new employees will be to increase voter registration and participation among CSEA members. The union is compiling lists of every unregistered CSEA member in the state, which will be distributed to the local shop stewards who then will try to register the members. with research information on such topics as demographics and voting trends. The coordinators also will conduct training programs for political activists and help to coordinate campaign efforts backed by political action conmiittees. "Dovetailing political action with the contract season in the school districts and political subdivisions will be an important part of their work," Haley added. He pointed out that the coordinators will be responsible for carrying out objectives of the "This will be an on-going effort," said Haley. "We're not just going to set up a table and sit there for two months. When we hit 100 percent registration, we'll be satisfied." To aid them in lobbying efforts, the new regional coordinators have been given briefing books which Haley describes as "living documents which will be continually updated." The books include a listing of every elected official in the state, as well as their voting records. They also list which governmeiTtal agencies have contracts with CSEA locals, what the contracts call for, when they expire and who negotiates for the government. ^ While other specific duties will evolve to answer the particular needs of each region, Haley said that the coordinators will provide regional officers and political action committees Page 6 THE PUBLIC SECTOR, F r i d a y , O c t o b e r 5, 1984 regional presidents and of CSEA's Political Action Fund. He emphasized also that they will support activities of the political action committees. "This is not an effort to replace the network of volunteers that already exists. The regional committees, for instance, will still decide who they want to endorse, but now they will have a paid ' staff person to help coordinate their efforts," said Haley. The six coordinators started their new jobs last week following a four-day orientation on CSEA in Albany. SIGNING UP — Susan Snyder, left, a member of Monroe County Local 828, is registered to vote by Region VI PAC Cochairwoman Florence Tripi at a recent PEOPLE rally and Picnic. Increasing voter registration and participation among CSEA members will be the first job of the new political action coordinators. WHO'S WHO 7 REGION I Notes on new coordinators REGION II REGION III Gus Nielson Lauri Cohen Doris J, Mason Gus Nielson is a former C S E A m e m b e r w h o h a s served a s 2 n d v i c e president of N a s s a u County Local 8 3 0 , president of t h e T o w n of H e m p s t e a d Unit a n d N a s s a u C o u n t y representative on t h e union's B o a r d of Directors. N i e l s o n , w h o h a s a d e g r e e in b u s i n e s s administration from N a s s a u C o m m u n i t y C o l l e g e a n d a d e g r e e in labor relations from Cornell University, r e s i d e s n o w in Long Island. Lauri C o h e n c o m e s a b o a r d C S E A following stints in c o m m u n i t y i n v o l v e m e n t including j o b s a s director of t h e B e n s o n h u r s t T e n a n t s Council a n d of t h e N e w York C o m m u n i t y Action N e t w o r k in B r o o k l y n . S h e a l s o w o r k e d a s an adjunct professor at P a c e University a n d h o l d s an M . S . in m a t h e m a t i c s . Heavily involved in politics during t h e p a s t year, C o h e n s e r v e d a s coordinator in t h e 1 0 t h C o n g r e s s i o n a l District of J e s s e J a c k s o n ' s Presidential c a m p a i g n a n d a s a d e l e g a t e t o t h e D e m o c r a t i c N a t i o n a l C o n v e n t i o n in S a n F r a n c i s c o . S h e r e s i d e s n o w in B r o o k l y n . Doris Mason, a graduate of C a s e Western Reserve University in C l e v e l a n d , O h i o , is a g r a s s r o o t s political activist, w h o in the past elections always h a s g o n e out a n d p o u n d e d t h e p a v e m e n t . S h e h a s w o r k e d on m a y o r a l a n d presidential c a m p a i g n s by c a n v a s s i n g door-to-door, organizing rallies, distributing literature, registering v o t e r s a n d w o r k i n g o n p h o n e b a n k s . M a s o n , w h o lives in W h i t e Plains, h a s d o n e p o s t g r a d u a t e s t u d i e s at t h e University of M a s s a c h u s e t t s in A m h e r s t a n d l o n a C o l l e g e in N e w Rochelle. REGION V REGION IV Edward J. LaPlante Edward LaPlante, a n o t h e r former m e m b e r of C S E A , h a s well over a d e c a d e of e x p e r i e n c e working in political a c t i o n for t h e union, including serving a s P A C c h a i r m a n for R e n s s e l a e r C o u n t y Local 8 4 2 , political a c t i o n liaison for t h e 1 0 0 t h A s s e m b l y District, a n d m e m b e r of t h e Political Action C o m m i t t e e in R e g i o n IV. LaPlante a l s o held p o s i t i o n s a s vice president a n d president of t h e Troy Unit, H e a t t e n d e d H u d s o n Valley C o m m u n i t y C o l l e g e , Troy, a n d S o p h i a University in J a p a n w h e r e h e studied military law. H e lives in Troy n o w a n d h e s e r v e s a s c o n i m i s s i o n e r on t h e Mayor's Charter Revision C o m m i t t e e a n d local g o v e r n m e n t representative to t h e United W a y of H u d s o n Valley. REGION VI Tim Burns Joseph X. Martin Tim Burns is a former public s c h o o l t e a c h e r of 1 3 y e a r s w h o h a s h e l d e l e c t e d p o s i t i o n s in t h e R o m e T e a c h e r s A s s o c i a t i o n a n d N e w York S t a t e U n i t e d T e a c h e r s . H e a l s o w o r k e d for t h r e e y e a r s a s administrator of a private a g e n c y serving t h e blind. B u r n s h a s a d e g r e e in E n g l i s h a n d political s c i e n c e from S t . J o h n Fisher C o l l e g e in R o c h e s t e r a n d M . A . s in public relations from N e w h o u s e S c h o o l , S y r a c u s e University, a n d in e d u c a t i o n from S U N Y . Making his r e s i d e n c e n o w in R o m e , Burns h a s served for 1 4 y e a r s a s a D e m o c r a t i c c o m m i t t e e m a n a n d h a s long b e e n a c t i v e in O n e i d a County political c a m p a i g n s . J o s e p h Martin, w h o j o k e s t h a t h e w o r k e d in a "few million political c a m p a i g n s , " is a g r a d u a t e with a d e g r e e in political s c i e n c e from G e n e s e o S U C . Living n o w in Buffalo, Martin h a s s e r v e d a s e x e c u t i v e a s s i s t a n t t o t h e m a y o r of that city, o n t h e staff of a state senator and as a Democratic c o m m i t t e e m a n . THE PUBLIC SECTOR, F r i d a y , O c t o b e r 5, 1984 I uu J ) V' J Page 7 New Westchester lecal president settling inte \oh WHITE PIJVINS - A CSEA activist who says she "never had the desire to be president" is now president of the largest local in Region III. Janice McGuiness, who joined CSEA in 1967 when she was a teacher's aide in the Yonkers City School District, moved into the Westchester County Local 860 number one spot when Pat Mascioli was elected president of Region III in June. "I was delighted when he won," said McGuiness, who was Mascioli's campaign manager. Setting priorities has been the first order of business for McGuiness. Education will be emphasized, said the new president, who would like to plan monthly shop steward training sessions and an all-day leadership training workshop in November. McGuiness has already appointed a health and safety committee and a womens' committee, and plans to encourage the appointment of such committees in each of the units. Commenting on the Womens' Committee, McGuiness remarked that issues that are traditionally "womens' issues" are in fact those that affect male and female employees. Such concerns as day care, comparable worth and sexual harrassment are concerns of all workers, she said. One of McGuiness' goals in her new job is to get more members actively involved in CSEA. "I'd like to see the union expand," she said. "People think we're only here to negotiate contracts. For instance, political action is important and members should realize just how much that affects them." McGuiness said she would also like to "take her local meetings on the road" and hold monthly meetings throughout the county so that more members will attend. Certain units, such as school districts, should also meet together occasionally to discuss common problems, she says. On a personal note, McGuiness explained that CSEA has had a profound effect on other aspects of her life. It was at a CSEA convention that she met her husband, Jim. They were married in January of 1983. "Jim is very supportive," she says. "I go to his meetings and he goes to mine. He's state (with the Palisades Park Commission) and I'm local, so we've learned a lot about each other's locals." JANICE McGUINESS it's Terry, not Gerry vjonien. ft"" , T u n e j n to the stations gvf season PubUc ; on p Bggite j M « ^ . „ . e d by t h e and station. FAMOUS FERRARO FACE — Geraldine Ferraro, the outspoken vice presidential candidate from Queens, may not have met her match, yet, but she has one. Her name is Theresa D. Mercandante, a CSEA member of Tax and Finance Local 690. Mercadante, a 40-year-oId grandmother with high cheekbones and a frosted haircut in a modified wedge, is a Ferraro carbon copy and a front-runner in a contest sponsored by Ron Smith's Lookalike Agency of Los Angeles. Like Ferraro, she juggles a fulltime career with motherhood and is a registered Democrat. Mercadante is pictured above with Local 690 President Carmen Bagnoli. 3,700 DOT employees will receive training program for winter Page 8 ' THE PUBLIC SECTOR, P r i d b y , O c t o b e r ' 5 ^ 1 ^ 9 8 4 ALBANY One of the harbingers of winter this year will be a snow and ice training program for 3,700 state Department of Transportation employees. The idea, according to CSEA President William L. McGowan, is to provide "sufficient training to reduce accidents, injuries and fatalities among^DOT personnel." • Training activities include a full day of classroom instruction on general safety practices followed by hands-on shop training utilizing vehicles and equipment employees will operate during the season. The program is being partially funded by the New York State/CSEA Safety and Health Maintenance Conmiittee. ^ ^ T h e i s s u e is ti»e f u t u r e ^ ^ reasons to vote for Fritx and Get. Nov. 6 They're for a future of fairness to all Americans rather than favor to rich Americans. They're for full employment policies with teeth in them as the foundation of a strong, growing economy. They're for federal policies to encourage job-creation so all have work. They're for special jobs programs ifa slump seems imminent. They're for jobless benefits adequate in amount and duration in the event of unemployment. They're for continued special benefits for workers displaced by imports. They're for fair trade that benefits U.S. workers and industries as well as our trading partners. 8 9 14 They're for tax reform that obliges wealthy individuals. Big Oil and other corporations to pay their fair share, as workers always have. 15 They're for keeping a lid on energy costs. 16 They're for increased aid to upgrade public schools, boost teacher salaries, to provide America's children with the best possible education. 17 They're for a generous higher education loan program to help children of workers and the needy attend college. 18 They're for protection against schemes to establish sub-minimum wage for young workers. 19 They're for ERA; for strong enforcement of Voting Rights Act; for full rights for women, minorities in all aspects of economic and political life. 20 They're for construction of homes within reach of low- and middleincome families and for interest rates they can handle. 21 They're for effective restraints on hospital, doctors' charges and for improvements in Medicare, Medicaid. They're for ''content law" requiring certain portion of U.S.-made parts in foreign products sold here. They're for labor-business-govemment consultation, planning and cooperation to help save and strengthen basic U.S. industries on which the jobs of millions, and national defense, depend. They're for restoring Reagan cuts in nutrition, child care, health and housing programs. They're for stronger enforcement, broader coverage of job safety/health protections. They're for repair of needed facilities (the nation's "infrastructure") — highways, bridges, ports, transportation systems. QU They're for clear identification of, protection against, hazardous substances in the workplace. 12 They're for requiring adequate notice of plant closings to give workers, communities lead time to ease or avoid economic shock. 13 They're for strengthening labor laws to more fully protect worker rights to join a union. 24 They're for building a strong, versatile national defense within reasonable financial boundaries. 25 They're for serious, continuing talks with Russia on substantial, verifiable arms reduction and control. Vole MONDALE/FERRARO THE PUBLIC SECTOR. Friday, October 5, 1984 Page 9 X V t 1 .«a» mQ CS PARADE OF SUPPORTERS — CSEA members from the Metropolitan Region, left, turned out in force last month for the Labor Day Parade brandishing Mondale/Ferraro signs. Above, Vice Presidential running mate Geraldine Ferraro; below, Mondale at the podium at CSEA convention at the Concord last year, flanked by President William L. McGowan and Secretary Irene Carr. THE MOMDALE RECORD Making decisions is what government is all about. More than any other officeholder, the president is called upon to make decisions, and the decisions he makes directly affect the future well-being of millions of people. In picking a president, we need to know what kind of decisions he will make. To do that we need to know where a candidate's loyalties lie, since this will inevitably inhuence the decisions he will make. There is no better place to see Walter Mondale's loyalties than in his record during his 12 years in the U.S. Senate. Second only to the president, a senator makes visible decisions on a day-to-day basis that affect people's lives. Look at Fritz Mondale's record in the Senate. See who he sided with. See whose interests he fought for. And then judge whether he would be a president who would stand up for your interests. MANY FACES OF FRITZ — Mondale, frSid of labor, is shown at various labor [tings in the past year: at top left, ressing the 1983 CSEA Annual Delegates mention; above, with AFSCME President lid McEntee; left, in Plainview, with lion J President Danny Donohue and suKortCT during a sweep through Long Island fre last spring's Democratic prunary. iiwto for usl 1965-66 • Fought to change restrictive ^'right to work" measures. • Upheld one man, one vote principle in state elections. • Voted for manpower training. • Supported expansion of the DavisBacon Act. • Backed rent subsidies for low-income families. • Voted for Medicare. • Supported consumer protection in weights and packaging. 1967-68 • Opposed gerrymandering and unfair congressional districting. • Fought efforts to reduce Social Security. • Supported aid to education. • Fought for open housing legislation. • Tried to limit runaway shops. • Supported job creation programs. • Fought for Head Start program. 1969-70 • Supported Legal Services program. • Backed school lunch and child nutrition programs. Page 10 THE PUBLIC SECTOR, F r i d a y , O c t o b e r 5, 1984 • Defended Voting Rights Act. • Opposed anti-worker nominees to the Supreme Court. • Voted for expanded personal income tax deduction. • Defended COPE from right wing attack. • Fought for increased hospital construction. • Supported the rights of postal and agricultural workers. 1971 • Fought for expanded public works and jobs programs. • Backed federal meat inspection program. • Supported tax reforms to benefit individual taxpayers. • Defended COPE once again. • Fought for child care program. 1972 • Fought to raise minimum wage. • Supported community-oriented child care. • Backed strong equal opportunity enforcement measures. • Opposed weakening OSHA. • Supported no-fault insurance. 1973 • Fought to protect minimum wage from conservative attack. • Supported negotiatied pre-paid legal benefits plans. • Opposed efforts to deny strikers food stamps. • Opposed deregulation of natural gas. • Fought for simplified national voter ^registration. • Supported vocational rehabilitation. 1974 • Sought to lower oil prices. • Supported COPE activities once again. • Opposed further efforts to weaken OSHA. • Backed civil rights' measures to desegregate schools. • Backed extension of labor rights to hospital workers. • 1975 ^ • Fought for public works and job creation bills. • Supported situs picketing legislation. • Fought to close tax loopholes on foreign profits. ported continuation of oil price c<Ktrols. * 0] losed natural gas decontrol. * F ight to protect and extend Voting R [htsAct. • F ight to end "redlining" by • ii iirai^e companies. * B ;ked increased aid to education. 197( * Fl Ight for public works biUs. * Si »ported continued research in li( ilth fields. * Si ported funding for day care. * T ed to close tax loopholes b< lefiting rich. . * B »ked anti-tnist enforcement* F ighyo protect Davis-Bacon Act. F vic< a t woi ^igl' ^ouj int€ H ^ur ^Moi OCAL 1000 /brAmerica \ IN tz Mondale left the Senate for the iresidency, a different arena with ferent style. For four years he ed there, behind the scenes, [ng the same kinds of fights he had It in the Senate on behalf of the Bsts of the majority of Americans. has kept faith with us. Now it's urn to keep faith with him. Vote lalefrerraro on November 6. THE PUBLIC SECTOR, F r i d a y , O c t o b e r 5, 1984 P a a e 11 Pp HM The Reaganization of the NLRB BoonI dedsioiis cut back woihcr rights, redace union bargaining Mwcr For those who wonder whether it really makes a difference who sits in the White House, the National Labor Relations Board offers a good lesson. President Reagan has now appointed three of the NLRB's five members, with another seat vacant and awaiting a presidential appointment. Without exception, the new members of the NLRB are conservative and pro-management in orientation. NL'RB Chairman Donald Dotson once expressed his attitude towards labor unions in a letter to a legal journal, arguing that "collective bargaining frequently means labor monopoly, the destruction of individual freedom, and the destruction of the marketplace." Another appointee, Robert Hunter, is a former aide to ultra-conservative Sen. Orrin Hatch and Was a leader in the movement to block labor law reform in the late 70s. NLRB Solicitor Hugh Reilly was an attorney with the anti-union National Right to Work Legal Defense Foundation. The new leaders of the NLRB have abandoned the Board's traditional non-partisan approach towards protecting the right of workers to organize and bargain collectively. They have turned the NLRB into a management weapon. Rules and regulations that have been years in the making have been reversed by ttie new NLRB. Long established principles of fairness and proper procedure have been abandoned. • In a 'case involving a Painters'; local, the Board expanded its definition of secondary boycotts to limit the ability of a union to seek a Page 12 relief for possible contract violations and shifted the burden of proof when there is a complaint against a union. The union is now guilty until proven innocent. • In another case, the Board reversed policy by ruling an employer can refuse to reinstate C In three short years... this allimportcmt agency has been turned into a partisan tool to be used against workers and their unions. 9 strikers for making only verbal "threats" against strike-breakers — even if no physical action was involved. Hot words in a moment of passion on the picket line can now be used to deny workers their livelihood. • The Board ruled that an individual worker complaining about unsafe working conditions is not protected from employer retaliation unless he complains in conjunction with other employees — another reversal. • In still another case, the Board effectively wiped out contract provisions that allow workers to refuse to cross a picket line, allowing an employer to fire a sympathy striker — even though the contract stated the employee had the right to refuse to cross the picket line. • In another reversal, the Board ruled that a union cannot restrict a member from resigning during a strike and crossing a picket line and prohibited the union from imposing any fine. The list of cases decided against workers seeking the protection of the law goes on and on. It will continue to grow until there is a change at the NLRB. For almost half a century, through both Republican and Democratic administrations, the NLRB pursued an impartial course. In three short years, that course has been reversed and this all-important agency has been turned into a partisan tool to be used against workers and their unions. The NLRB takes its lead from the President. The last three years have shown us exactly what difference our choice of President can make. Last October, Walter Mondale described his vision of government for the members of the AFIXJO: "Government does not belong on your back, but it does belong on your side, and that's where it's going to be again." A vote for Mondale/Ferraro on November 6 is a vote to return to fairness in labor-management relations. Vole MONDALE/FERRARO THE PUBLIC SECTOR, Friday, October 5, 1984 STOP REAGAIVS RERUN Botfered by Reagan recession, unions nationwideffigiilingiiacic WASHINGTON — After a period of "giveback" during the long Reagan Älecession, the mood of unions facing tough bargaining battles has now changed to "fight back." The past year has been marked by long and bitter strikes by 13 unions representing copper workers against Phelps-Dodge in the Southwest; by the Amalgamated Transit Union against Greyhound; by the Carpenters and Woodworkers against Louisiana-Pacific on the West Coast; and by hotel workers, musicians and stagehands against Las Vegas resort hotels. In a pattern repeated in smaller plants and different industries, 10,000 members of 11 unions struck West Coast shipyards after employers broke a 45-year stable bargaining relationship. The shipbuilders demanded large wage and benefit cutbacks and more takeaways on seniority, craft jurisdic•tions and holidays. Even unions in highly profitable industries weren't immune. Some 600,000 members of the Communications Workers and the Brotherhood of Electrical Workers had to strike AT&T's Bell System to fend off the giant company's giveback demands as the court-ordered divesture date neared. Solidarity in union ranks helped beat back most of these give-backs and union-busting attempts. Unions also refined and strengthened the old economic weapons of national boycotts and corporate campaigns with intensive public education efforts to successfully increase their clout. The reforged weapons also were aimed against persistent labor law violators and corporations using more subtle anti-union tactics, like Litton In•dustries. General Dynamics Corp., the Coors company, and the Beverly Enterprises nursing home chain. But as the new pillars of united strength were erected, unions saw the foundations of organizing and bargaining strength being chipped away by the National Labor Relations Board. Delays caused by record backlogs of pending cases at the NLRB hurt union organizing and bargaining efforts and individual union members deeply over the past three years. But solidified control of the board by the Reaganappointed pro-business majority the past year brought a slaughter of timehonored labor law precedents. Led by Chairman Donald L. Dotson, the board handed down a decision •which severely curtailed the circumstances under which a worker can refuse unsafe work. And it reversed earlier board rulings to allow employers to move operations, even to non-union plants, without bargaining or consent from unions, even in the middle of a contract period. The board also ruled that employers may question employees who are open union supporters during an organizing effort as long as there is no blatant threat or promise. In another policy reversal, the board refused to order an employer found guilty of numerous serious labor law violations to bargain because the union did not represent a majority of the workers; first, however, the Dotson board enlarged the unit so the union became a minority. Added to this erosion of worker rights protections, the Supreme Court's •Bildisco decision in February which said even solvent companies could cancel union contracts by filing for bankruptcy stunned the labor movement. Bankruptcy was the new gun aimed at labor's head in the past year. The management of Wilson Foods used it against the Food and Commercial Workers and Continental Airlines used it against the Airline Pilots, Machinists and Flight Attendants, with bitter strikes provoked in both cases as the employers tore up union contracts. After the initial shock, however, organized labor mobilized lobbying efforts and Congress finally agreed to plug the bankruptcy law loophole. In other areas, the Republican-controlled Senate and the Democraticdominated House mostly produced stalemates. Job creation programs, •domestic auto content legislation, an attempt to cap Reagan tax cuts and a health insurance program for the unemployed died in the Senate. House and Senate Democrats managed to stanch the bleeding of most social programs caused by the Reagan administration in areas like food stamps, child nutrition and education. But they weren't able to surmount deficit worries and administration opposition to restore previous cuts, despite consistent reports showing increased hunger and misery among the poor and jobless and women and children caused by Reagan administration tax and budget cut policies. Congress did pass a $15.6 billion housing bill, which included money for ^community development and subsidized housing. The Senate rejected the administration-badfed school prayer amendment and tuition tax credits for families with children in private schools. Washington M Window Reagan's deficits — the coming crisis The federal deficit has become a hot topic of political conversation. For most people, deficits remain a distant abstraction unlike, say, unemployment or inflation. Deficits used to be something Republicans chided Democrats about. Democrats beginning with FDR countered that deficits weren't necessarily bad — that temporary deficit spending to pump prime the economy out of a recession was a good thing. Ronald Reagan often talked about the evils of deficits before he became president. He attacked President Carter for his 1980 recession-year deficit of $60 billion and promised, if elected, to balance the budget by 1983. But by 1983, the Reagan deficit had soared to a record $195 billion. In this year of "recovery," it's still running at a sky high $172 billion. These days, however. President Reagan tries to avoid talking about deficits or tells people not to be overly concerned, and that his "recovery" will take care of things. He scoffs at "doom criers." The non-partisan Congressional Budget Office (CBO) recently projected that the Reagan deficits, unless revenues are raised and spending is cut, will continue to grow for the rest of the decade, mushrooming to $263 billion by 1989. CBO Director Rudolph Penner, a conservative Republican economist, told reporters that unless action is taken to reverse the trend, "there is a severe danger that deficits would run away from us." The Reagan deficits already are taking their toll on the economy. Penner said they have kept real, inflation-adjusted interest rates at "extraordinarily" high levels. The CBO predicted that these high rates will slow economic growth for the rest of the year and to 2.8 percent in 1985, about half this year's estimated rate. Lower growth rates, of course, mean longer unemployment lines. Penner noted that the deficits were forcing huge Treasury borrowings which soak up the savings otherwise available for job-producing capital investment. The Reagan deficits are different from those in the past not only in their size but because they don't shrink as the business cycle turns up and adds revenue to the Treasury. Thus the Reagan revenue gap is a new phenomenon which Penner and other economists call "structural deficits." The main reason is that the interest which the government must pay on its borrowings to finance the deficit has been growing even faster than the deficit itself. It's a vicious cycle of high interest rates and big government borrowings feeding each other. These interest payments on the federal debt are a built-in, uncontrollable expense which this year will reach $110 billion, more than twice the 1980 level. That's more than half this year's total deficit. It's about $300 million every day of the year. \This cost of servicing the national debt could soon account for the entire federal deficit. Under Reagan, the debt has ballooned from $1 trillion to $1.5 trillion. By 1989, the CBO predicts it will rise to over $3 trillion under the current Reagan tax af!d spending program. The CBO projects interest on the debt to reach $214 billion by 1989. As Penner put it, "The mathematics are in place for an explosion, and we cannot remain on that path forever." THE PUBLIC SECTOR, F r i d a y , O c t o b e r 5, 1984 \ . I'-..-- • ' Page 13 CSEA'S CONSriTUTION AND BY-IAWS EDITOR'S NOTE: The C o n s t i t u t i o n and By-Laws of The Civil Service Employees Association are at the very heart of the union. They govern the operation of the union and therefore have a direct impact upon the membership. The Constitution and By-Laws Committee has met three times since the Annual Delegates Meeting in October, 1 9 8 3 . The meeting dates were February 15, 1 9 8 4 ; May 2 4 , 1 9 8 4 ; and August 9, 1 9 8 4 . The Constitution and By-Laws Committee has as its function the recommendations to the delegates of amendments to the CSEA Constitution and By-Laws. The Committee reviews suggestions made from individuals and Locals and acceptes referrals from the delegates and Board of Directors. Additionally, the Committee can initiate proposals which it determines to be in the Key: Italic = New Material Brackets = Removal of Old Material THE FOLLOWING ITEMS ARE PRESENTED TO THE DELEGATES FOR A SECOND READING. IF PASSED. THE AMENDMENTS WILL BECOME PART OF THE CSEA CONSTITUTION. (1) The following amendment to Article IV, Section 4 of the Constitution was submitted on behalf of the Statewide Officers by Joseph E. McDermott, Executive Vice President, by letter dated July 2 5 . 1 9 8 3 . "ARTICLE IV ORGANIZATION OF THE ASSOCIATION Section 4. DIRECTORS' COMMITTEE. The Board of Directors shall elect from its membership a Directors' Committee, to consist of not less than ten and not more than [twenty-one] twenty-two members. Such committee shall include the officers of the Association, the Chairperson of the State Executive Committee and the Chairperson of the County Executive Committee, and as many other members as the Board deems necessary not to exceed [twenty-one] twenty-two. Such Directors' Committee shall be vested with the power and authority of the Board of Directors when the Board is not in session." Explanation: The Statewide Officers are recommending that the number of members on the Directors' Committee be increased by one member. This would allow both the State and County Executive Committees, which are approximately equal in composition, to select an even number of members to be elected as their representatives. The amendment would eliminate any unfairness caused by one group designating an extra committee member which causes a problem during Board organizational planning. The Committee recommends adoption of the amendment. (2) The following amendment to Article IV, Section 5(a) of the Constitution was submitted by both Barbara Fauser, Statewide Treasurer, by letter dated March 3 0 , 1 9 8 3 , and Elizabeth Kurtik, Local 6 7 5 , by letter dated March 1, 1 9 8 3 . "ARTICLE IV ORGANIZATION OF THE ASSOCIATION Section 5. OFFICERS. (a) ELECTION. The four statewide officers of the Association shall be elected by secret ballot tri-annually (every three years) commencing with the term of office to begin on July 1, 1 9 7 9 . The six Vice Presidents of the Association shall be elected for a term of two years commencing July 1, 1 9 7 9 . Thereafter the six Vice Presidents of the Association shall be elected for a term of three years commencing with the term of office July 1, 1 9 8 1 . They shall hold office for the term for which they were elected or until their successors shall have qualified. Vacancy in the office of President shall be filled by the Executive Vice President. Vacancy in the office of Executive Vice President shall be filled by the Board of Directors by appointing any one of the six Vice Presidents, the Secretary or the Treasurer." REST OF SECTION REMAINS THE SAME. Explanation: Since all the Statewide Officers now hold fulltime positions, they should all be considered when a vacancy in the office of Executive Vice President occurs. The Committee recommends adoption of the amendment. (3) The next several pages of the Committee's Report encompass a comprehensive revision of existing language designed to update the Constitution with current practices and to eliminate inconsistencies which may exist between the Statewide Constitution and the Region, Local and Unit Constitutions, as well as inconsistencies with appropriate laws governing CSEA elections. NOTE: BECAUSE THE DELEGATES HAVE ALREADY APPROVED EACH OF THESE AMENDMENTS AT THE LAST P a g e 14 CSEA delegates will be considering a number of important changes to the C o n s t i t u t i o n and By-Laws during the 7 4 t h Annual Delegates Meeting scheduled for Oct. 2 1 - 2 6 in Lake Placid. The proposed changes are presented on pages 13-18 of this edition of The Public Sector. best interests of the Association. All recommendations made by this Committee are made to the delegates together with the reasons for the recommendations. REVISION OF THE CONSTITUTION AND BY-LAWS COMMITTEE Carmen Bagnoli, Chairperson Rita Wallace Fred Daniels ANNUAL MEETING, THE COMMITTEE WILL ASK FOR APPROVAL BY THE DELEGATES OF THESE AMENDMENTS IN ONE M O t l O N RATHER THAN ADOPTING EACH CHANGE INDIVIDUALLY. INDIVIDUALS INTERESTED IN DISCUSSING THE AMENDMENTS PRESENTED IN THIS PORTION OF THE REPORT SHOULD DO SO AT THE COMMITTEE FORUM. BY FOLLOWING THIS COURSE OF ACTION. THE COMMITTEE BELIEVES THAT A LENGTHY DISCUSSION ON THE CONVENTION FLOOR WILL PROVE UNNECESSARY. "ARTICLE I NAME This organization shall be known as THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. The headquarters of the Association shall be maintained in the City of Albany. ARTICLE II PURPOSE AND POLICY This Association is organized and exists to promote the organization of workers in general and public employees in particular, to represent its members with respect to all terms and conditions of employment, to uphold and extend the principles of merit and fitness in public employment, to maintain and promote efficiency in public service and to advance the interests of all civil service employees. It is dedicated to the principle that Government is the servant and not the master of the people, that its objectives are to be attained by truly democratic methods. ARTICLE III MEMBERSHIP NO CHANGES ARTICLE IV ORGANIZATION OF THE ASSOCIATION Section 1. DIVISIONS. No change. Section 2. BOARD OF DIRECTORS. The power and authority to transact all business of the Association shall, subject to the power and authority of the Delegates at meetings of the Association, be vested in a Board of Directors which shall consist of the following: (a) Voting Members — The voting members of the Board of Directors shall be the Officers of the Association, members of the Executive Committee of the State Division, members of the Executive Committee of the County Division who represent [l]Locals having 1 0 0 or more members as of the preceding January 1 st, and one additional member of the County Executive Committee, to be elected by the members of the County Executive Committee, representing County Division [IjLocals which have membership of less than 1 0 0 on the preceding January 1 st. (b) Non-Voting Members — The non-voting members of the Board of Directors shall be the Chairpersons of all Standing Committees as established in Article VI, Section [I] 1 of the By-Laws and the Chairperson or Vice Chairperson of the Retirees Section Executive Committee. Non-Voting Members of the Board of Directors shall not introduce, second, or debate any action before the Board except matters affecting the non-voting member's own Committee. The Board of Directors shall establish and appoint committees to be known as Board Committees. The Board Committees shall consist of only voting members of the Board of Directors and each committee shall elect its own Chairperson. Section 3. No member of the Board of Directors of the Association shall be a member of a competing labor organization. * No elected public officiai^who is deemed to have a conflict of interest by the Judicial Board of CSEA shall continue as a member of the Board of Directors. *[NOTE: For the purpose of this section, a] A competing labor organization shall [mean] be defined as any organization which is seeking [recognition] or has sought to represent THE PUBLIC SECTOR, F r i d a y , O c t o b e r 5, 1984 Jerry Barbour Bruce Larsen Charlotte Murray Ronald Stanton employees [certification] for purposes of collective bargaining [pursuant to the Taylor Law]. Section 4. DIRECTORS' COMMITTEE. No change except as noted in Item (1) lines 1 9 through 3 0 of this report. I Section 5. OFFICERS. The officers of the Association shall be a President, an Executive Vice President, six Vice Presidents to be the six Region[al] Presidents, the Secretary and Treasurer. (a) ELECTION. The four statewide officers of the Association shall be elected by secret ballot tri-annually (every three years), [commencing with the term of office to begin on July 1, 1 9 7 9 . The six Vice Presidents of the Association shall be elected for a term of two years commencing July 1, 1 9 7 9 . Thereafter] [t]7he six Vice Presidents of the Association shall be elected for a term of three years [commenc4 ing with the term of office July 1, 1 9 8 1 . ] , such elections to be conducted concurrent with Region elections. [They] All officers of the Association shall hold office for [the term for which they were elected] a term of three years, commencing on July 1 of the year in which they were elected, or until their successors shall have qualified. Vacancy in the office of President shall be filled by the Executive Vice President. Vacancy in the office of Executive Vice President shall be filled by the Board of Directors by [appointing] electing any one of the six Vice Presidents, the Secretary or the Treasurer. A vacancy in the term of any of the Vice Presi-^ dents shall be filled according to the Constitution and ByLaws of the respective [r]ffegions. Vacancies in the office of Secretary and Treasurer may be filled for the remainder of the term by the Board of Directors. [Commencing with the 1 9 7 9 election,] [n]No statewide officer shall be an officer of a [l]Local or [u]C/nit. [if such officer is serving on a paid basis from CSEA, exclusive of the honorarium or expenses approved by the CSEA Board of Directors.] (b) NOMINATIONS. No member who agrees to serve on the Statewide Nominating Committee shall be eligible for nomination or election to any statewide office or to the Sfafe" or County Executive Committees. The Statewide Nominating Committee shall serve from January 15th of the election year in which they were appointed until a successor committee has been constituted. They shall be responsible for filling all vacancies in statewide office or on the State Executive Committee during their term of office. The Statewide Nominating Committee[s] shall be elected [for a one year term] as follows: 1. For those election years in which the four [S]statewide officers are elected, each Region shall nominate for t h e ' Statewide Nominating Committee at least seven (7) members who have been members in good standing of CSEA for at least two (2) years prior to January 1 of the election year. 2. Executive Board of each Region shall elect three (3) members from the seven (7) nominees, no more than two of whom shall be a state or county member, except in the Metropolitan Region which shall have three state division members. Such election shall be by secret ballot. 3. The names of the committee members selected by the various Regions shall be filed with the Secretary and E x - ' ecutive Director of the Association not later than January [1st] ) 5 of the election year. 4. The Statewide Nominating Committee shall make a good faith effort to 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] to be a candidate for more than one (1) statewide office. 5. For those election years in which the State Executive^ (Continued on following page) csEA's coNsnninoN AND BY-IAWS Committee is elected, each Region shall nominate for the Statewide Nominating Committee at least seven (7) state members who have been members in good standing of CSE A for at least two (2) years prior to January 1 of the election year. A 6. The Executive Board of each Region shall elect 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] 15 of the election year. 8. The Statewide Nomihating Committee shall mal<e a good faith effort to select at least two (2) nominees for each position on the State Executive Committee. (In all cases an incv.jmbent, upon consent and if otherwise eligible, shall be ^ n e of said nominees.] No person shall be eligible for nomination unless that person shall have been a member in good standing of [the Association] CSEA since June 1 [st] of the year preceding [the year in which] the election [is held]. The Statewide Nominating Committee shall file its report with the Secretary and Executive Director of the Association no later than March 1 [st] of the election year and shall simultaneously notify all candidates of their nomination by certified mail, return receipt requested. Nominees who desire to decline shall do so [no later than March 20th of the election year] by notifying the S e c r e t a r y and the Executive Director of the Association by registered or certified mail, return receipt requested, no.la^er than the date published in the election schedule. The Statewide Nominating Committee, in the event of a vacancy created by a declination or otherwise, [by March 20th of the election year] shall [name substitute nominees] reconvene and make a good faith effort to select another qualified candidate if necessary, and shall file [and report said] the names of those nominees to the Secretary and the Executive Director no later than April 15[th] of the election year. The new nominees shall be notified by registered mail, return •"eceipt requested, on or before April 15[th] of the election year. [No member who agrees to serve on the Statewide Nominating Committee shall be eligible for nomination or election to any statewide office or to the State or County Executive Committees.] (c) INDEPENDENT NOMINATIONS. Nominations for President, Executive Vice President, Secretary and Treasurer may also be made by official petition provided by the Executive Director of the Association upon written request of any member. Such petitions shall be signed by not less than two percent (2%) of the members of the Association eligi^ble to vote in the election. The names of such candidates shall be printed on the official ballot if such nominations are filed with the Secretary and the Executive Director of the Association on or before April 15[th] of the election year. Nominations for members of the State Executive Committee may also be made by official petition provided by the Executive Director of the Association upon written request of any member. The petition must be signed by not less than ten percent (10%) of the members in the Department [making such nominations] or Agency eligible to vote in the election, but in no event will more than 4 5 0 valid signatures be •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 15[th] of the election year. (d) No change Section 6. OATH. No change ARTICLE V REGIONS For purposes of internal organization of [t] The Civil Service Employees Association, Inc., the state shall be divided into six [r]/?egions as follows: D 1. No change 2. No change 3. No change 4. No change 5. No change 6. No change All [l]Locals shall be members of the [r]/?eglon in which the [I]Local headquarters is located. (a) Each [r]Region shall be under the direction of a Region[al] President, and shall have a minimum of three Vice Presidents, a Treasurer and a Secretary, who shall be elect' ed by the members [assigned to their] in the respective [r]flegions. (b) Each [r]Region shall have a [r]flegion[al] [e]Executive [b]Soard which shall consist of the elected officers, the [\]Local presidents, and shall reflect, where applicable, representation of the state departments, county division, school districts, judiciary, authorities and community of interest which may be deemed necessary within the [r]ffegipn. ARTICLE VI STATE DIVISION Section 1. STATE EXECUTIVE COMMITTEE. The power and authority to transact business relating to state employees shall, except as provided herein, be vested in a State Executive Committee. The State Executive Committee shall consist of the officers of the Association, and one representative from each State Department. The Judiciary, the State University, the Waterfront Commission and state public authorities as one unit, shall be deemed State Departments. The Faculty Student Associations-and Teachers' Retirement System shall as a unit be deemed a State Department. [In addition to the foregoing,] [e]Each State Department with more than 3 , 0 0 0 members as of January 1 [in the year of an election] of the election year shall, for the term of office beginning the following July, be entitled to one representative on the State Executive Committee for each 3 , 0 0 0 members or major fraction thereof. The members of the Department of Mental Hygiene shall be elected by Region. In all other departments entitled to more than one representative on the Board of Directors, members shall be elected from the departments on an at-large basis. The State Executive Committee shall elect from its membership one member to be known as the Chairperson of the State Executive Committee. The State Executive Committee may create one or more subcommittees to perform such duties as the State Executive Committee shall delegate. Each department representative shall be elected by ballot by the members in" that person's department in the manner prescribed in the By-Laws. No person shall be eligible for nomination unless that person shall have been a member in good standing of CSEA [the Association] [on or before] since June 1 [st] of the year preceding the [year in which the] election [is held]. They shall hold office for a term of [two] three (3) years or until their successors shall have qualified. [Commencing with the term of office beginning July t , 1 9 8 3 and each term thereafter, the term of office shall be three years.] Vacancies in the office of the State Department representative including termination of employment with the Department may be filled for the remainder of the term by members of the Association employed in such department at a special election to be called by the Board of Directors within fourteen days after the first meeting of the Board subsequent to the time that such vacancies occur under rules established by the Board; 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. No statewide officer shall be eligible [for nomination to or serve as an elected member of] to be a candidate for any . pos'ition on the State Executive Committee, [except for the 1 9 8 1 elections in which case a member may be a candidate for statewide office (Region President) and a candidate for member of the State Executive Committee; however, a member elected to both positions shall be ineligible to serve in both capacities.] Section 2. LOCALS. A [I]Local may be formed by the members in the State Division in any department or locality upon the approval by the Board of Directors of the Constitution and By-Laws of such [l]Local. In the event that a [u]ühit of state government is transferred to the government of a political subdivision and provided that the employees of such government [u]Uni\ transferred would not be eligible for membership in another [l]Local, such [u]L/hit may be affiliated with the [l]Local to which the employees of such government [u]Un\l belonged prior to becoming employees of the political subdivision. Each such [l]Local shall make available to the duly authorized representative of the Association at the request of the President or the Board of Directors at reasonable internals, all [I]Local records for inspection by the Association. It shall be discretionary for each [I]Local to establish [u]L/nits within its [IjLocals where more effective representation of its members would be thereby accomplished. A [l]Local may be placed in trusteeship by the President of the Association with the approval of the Board of Directors or the Board of Directors' Committee for failure to comply with a request for an inspection of the books and records of the [IjLocal within ten days of such request. A [I]Local may be placed in trusteeship for any reason deemed good and sufficient by the President of the Association provided a hearing is afforded before the Board of Directors and written charges are served within ten days of placing the [l]Local in trusteeship. The Board of Directors by a two-thirds vote may dissolve the [IjLocal or suspend it for a period not to exceed ninety days after such charges have been served upon the [IjLocal and it has been given an opportunity to be heard. ARTICLE VII COUNTY DIVISION Section 1. COUNTY EXECUTIVE COMMITTEE. The power and authority to transact business relating to employees of the political subdivisions of the state shall, except as otherwise provided herein, be vested in a County Executive Committee which shall consist of the officers of the Association and one representative from each County Division Local, and one County Educational Local representative from each CSEA Region elected by the County Educational Local members within each [r]f?egion. In addition to the foregoing, each County Division Local with more than 1 0 , 0 0 0 members as of January 1 in the year of an election shall, for the term of office beginning the following July, be entitled to one additional representative. The County Executive Committee may create one or more subcommittees to perform such duties as the County Executive Committee shall delegate. The representatives of a County Local shall be elected by such [IjLocal for a [two] three (3) year term of office to be coincident with the term of office for members of the State Executive Committee. [Commencing with the term of office beginning July 1, 1 9 8 3 and each term thereafter, the term of office shall be three years.] The County Executive Committee shall elect from its membership one member to be known as the Chairperson of the County Executive Committee. No statewide officer shall be eligible [for nomination to or serve as an elected member of] to be a candidate for any-position on the County Executive Committee, [except for the 1 9 8 1 elections in which case a member may be a candidate for statewide office (Region President) and a candidate for member of the County Executive Committee; however, a member elected to both positions shall be ineligible to serve in both capacities.] Section 2. LOCALS. (a) A [IjLocal may be formed by members in the County Division in any county, or in any [r]Region containing one or more counties, upon the approval by the Board of Directors of the Constitution and By-Laws of such [IjLocal. One Local for non-teaching employees of school districts may be formed in each county provided fifty (50%) percent of the eligible school district [ujL/nits, but in no event less than 2 0 0 school district members, shall request formulation thereof. Each such [IjLocal shall make available to the duly authorized representative of the Association at the request of the President or the Board of Directors at reasonable intervals, all [IjLocal records for inspection by the Association. A [IjLocal 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 tq comply with a request for an inspection of the books and records of the (IjLocal within ten days of such request. A [IjLocal may be placed in trusteeship for any reason deemed good and sufficient by the President of the Association provided a hearing is afforded before the Board of Directors and written charges are served within ten days of placing the [IjLocal in trusteeship. The Board of Directors by a two-thirds vote may dissolve the [IjLocal or suspend it for a period not to exceed ninety days after such charges have been served upon the [IjLocal and it has been given an opportunity to be heard. (b) The members employed in each political subdivision in a [IjLocal shall be entitled, if they have 2 0 0 members or fifty (50%) percent of the employees within the division as members, whichever is smaller, with a minimum of 7 5 members, to the formation of a [ujL/nit. Other [ujL/nits may be organized as the Board of Directors or Executive [Council] Boardoi the [IjLocal may determine is in the best interests of the members involved. Each [ujL/nit shall be entitled to elect its own [ujL/nit officers and to establish its own progress. (c) It shall be discretionary for each County Local to provide for the granting of [sjSections within the [ujL/hits of the [IjLocal, each of which shall be empowered to elect its own officers. (Continued on following page) THE PUBLIC SECTOR, F r i d a y , O c t o b e r 5, 1984 P a g e 15 CSEA'S CONSTITUTIOH AND BY-LAWS (Continued from page 15) ARTICLE VIII DELEGATES Members of each [l]/-ocal shall elect from their membership one or more delegates and/or alternates to represent the members of the [I]Local at all meetings of the Association, except that the [l]Local [p]President, Vice Presidents in ranl<ing order, Secretary and Treasurer, shall, by virtue of [that] their offices, automatically be designated as [a] delegates and/or alternate delegates. Prior to July 15[th] of each year, each [I]Local shall file with the Secretary of the Association an accurate list containing the names and addresses of its delegates and alternate delegates for the ensuing year[, and names and addresses of alternate delegates may be submitted to the Secretary thereafter]. Such delegate or delegates shall have one vote for each one hundred (100) members or fraction thereof in such [l]Local , based upon the paid membership in the Association on the first day of June preceding the meeting. The number of votes each [l]Local or [d]Department is entitled to cast shall be determined by the N/lembershIp Committee. Members in the State Division who are not entitled to representation by Local Delegates pursuant to this section shall be represented at all meetings of the Association by members of the State Executive Committee as delegates representing each of the State Departments, and each such delegate shall have one vote for each one hundred (100) members, or fraction thereof, in the [d]Department from which the delegate was elected, excluding those members who are represented by Local Delegates as provided in this section. All other members of the Board of Directors shall have all the rights and privileges of delegates at meetings of the delegates except the right to vote. Such delegates selected or appointed pursuant to this section shall have and may exercise all the powers, rights and privileges of members at any meeting of the Association. When State and/or County Division Delegates meet in official session, the motions passed with regard to items affecting solely their respective divisions and not the Association general policy shall be presented to the delegate body by the respective Chairpersons for informational purposes only. Region[al] IO]officers not in the capacity of Local [d]Delegates shall be delegates at all delegate meetings of the Association. They shall have all the rights and privileges of delegates at meetings except the right to vote. Allowed expenses may be paid by the [r]Region. ARTICLE IX FUNDS Section 1. No change. Section 2. Any funds appropriated by a [I]Local to contribute jointly to any cause with any other employee organization must be approved by the Board of Directors of the Association before such funds may be expended or any obligation for such expenditure may be incurred. ARTICLE X AFFILIATION AND MERGER No Change ARTICLE XI RETIREES SECTION Section 1. RETIREE EXECUTIVE COMMITTEE. The power and authority to 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 [v]l/ice [c]Chairperson and a [s]Secfetary. The Retiree Executive Committee may create one or more subcommittees to perform such duties as the Retiree Executive Committee shall delegate. Terms of office of Retiree Executive Committee members shall be coincidental with the terms of office of members of the Bogrd of Directors. Section 2. DUTIES 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] The Chairperson shall be the liaison between the Retiree Section and the [S]statewide (0]officers of the Association. The Chairperson or the Vice Chairperson of the Retiree Section Executive Committee, by virtue of [his or her].the office sflfell be Page 16 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 [l]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 3. LOCALS. A [l]Local may be formed by CSEA retiree members in any county or in any contiguous group of counties in New York State or any other State of the U.S.A. upon approval of 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 [I]Local. Each such [I]Local shall make available to a duly authorized representative of the Association at the request of the President or the Board of Directors at reasonable intervals all [I]Local records for inspection by the Association. A [l]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 request for an inspection of the books and records of the [l]Local within ten days of such request. A [I]Local may be placed in trusteeship for any reason deemed good and sufficient by the President of the Association provided a hearing is afforded before the Board of Directors and written charges are served within ten days of placing the [l]Local in trusteeship. The Board of Directors by a two-thirds vote may dissolve a [I]Local or suspend it for a period not to exceed ninety days after such charges have been served upon the [I]Local and it has been given an opportunity to be heard. Section 4. No change Section 5. The [p]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. ARTICLE XII AMENDMENTS" No Change THE FOLLOWING ITEMS ARE PRESENTED TO THE DELEGATES BY THE COMMITTEE AS PROPOSED AMENDMENTS TO THE CONSTITUTION. THE PRESENTATION TO THE DELEGATES AT THIS MEETING CONSTITUTES A FIRST READING OF THESE AMENDMENTS. (1) The following amendment to Article IV, Section 5 is submitted to the Delegates by the Constitution and By-Laws Committee. "ARTICLE IV ORGANIZATION OF THE ASSOCIATION Section 5. OFFICERS. (c) INDEPENDENT NOMINATIONS. Nominations for President, Executive Vice President, Secretary and Treasurer may also be made by official petition provided by the Executive Director of the Association upon written request of any member. Such petitions shall be signed by not less than [two percent (2%) of the] 1,500 members of the Association. The names of such candidates shall be printed on the official ballot if such nominations are filed with the Secretary and the Executive Director of the Association on or before April 15th of the election year." Explanation: The election of statewide officers is under the jurisdiction of the LMRDA (Labor Management Reporting and Disclosure Act). The United States Department of Labor, which is charged with enforcing the LMRDA, has informally indicated that the current provisions of the Constitution which require almost 4 , 0 0 0 signatures are probably not in conformance with the LMRDA in that they constitute an unreasonable burden upon persons seeking to become a candidate for statewide office by using the petition method. After consultation with Counsel on the matter, the Committee believes that an absolute number of 1 , 5 0 0 signatures will satisfy the requirements of the LMRDA and the internal necessities of CSEA which require that a candidate for statewide office demonstrate a reasonable basis of support. The Committee recommends adopbon of the amendment. (2) The following amendments to Article VI, Section 2 and Article VII, Section 2 of the Constitution are submitted to the Delegates by the Constitution and By-Laws Committee. Although two different Articles are affected, they shall be read and voted on together. THE PUBLIC SECTOR, F r i d a y , O c t o b e r 5, 1984 "ARTICLE VI STATE DIVISION Section 2. LOCALS. A local may be formed by the members in the State Division in any department or locality upon the approval by the Board of Directors of the Constitution and By-Laws of such local. In the event that ä unit of state government is transferred to the government of a political subdivision and provided that the employees of such goveriv ment unit transferred would not be eligible for membershp in another local, such unit may be affiliated with the local to which the employees of such government unit belonged prior to becoming employees of the political subdivision. Each such local shall make available to the duly authorized representative of the Association at the request of the President or the Board of Directors-at reasonable intervals, all local records for inspection by the Association. It shall be discretionary for each local to establish units within its locals where more effective representation of its members would be thereby accomplished. [A local may be placed u^ trusteeship by the President of the Association with the a ^ proval of the Board of Directors or the Board of Directors' Committee for failure to comply with a request for an inspection of the books and records of the local within ten days of such request. A local may be placed in trusteeship for any reason deemed good and sufficient by the President of the Association provided a hearing is afforded before the Board of Directors and written charges are served within ten days of placing the local in trusteeship. The Board of Directors by a two-thirds vote may dissolve the local or suspend it for a period not to exceed ninety days after sue charges have been served upon the local and it has bee given an opportunity to be heard.]" I "ARTICLE VII COUNTY DIVISION Section 2. LOCALS. (a) LOCALS. A local may be formed by members in the County Division in any county, or in any region containing one or more counties, upon the approval by the Board of Directors of the Constitution and By-Laws of such local. One Local for non-teaching employees of school districts m a ^ be formed in each county provided fifty percent of the eligible school district units, but in no event less than 2 0 0 school district members, shall request formulation thereof. Each such local shall make available to the duly authorized representative of the Association at the request of the President or the Board of Directors at reasonable intervals, all local records for inspection by the Association. [Alocal 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 requestfor an inspection of the books and records of the local w i | | thin ten days of such request. A local may be placed in trusteeship for any reason deemed good and sufficient by the President of the Association provided a hearing is afforded before the Board of Directors and written charges served within ten days of placing the local in trusteeship. The Board of Directors by a two-thirds vote may dissolve a local or suspend it for a period not to exceed ninety days after Quch charges have been served upon the local and it has been given the opportunity to be heard.]" Explanation: The Committee believes that the language contained in these two Articles concerning the placing o ^ a Local into trusteeship is no longer necessary or desirecr in view of the language contained in Article V of the By-Laws dealing with the Judicial Board. The Committee recommends adoption of these amendments. (3) The following amendment to Article XII of the Constitution is submitted to the Delegates by the Constitution and By-Laws Committee and is the result of recommendations made by Statewide Secretary Irene Carr by letter dated December 12, 1 9 8 3 . "ARTICLE XII AMENDMENTS ^ Delete entire Article; insert the following new language: This Constitution may be amended as follows: (a) A proposed amendment must be submitted in writing to the Secretary of the Association at least ninety (90) days prior to the opening of the delegate meeting at which it is to be presented, and (b) A majority of the delegates present and voting at the meeting must approve the proposed amendment or a substantially similar amendment and order that it be published in the official newspaper of CSEA at least ten (10) days prior to the next meeting of the Association, and 0 (Continued on following page) CSEA'S CONSTITUTION AND BY-LAWS (Continued from page 16) (c) The proposed amendment as published is approved by a two-thirds vote of the delegates at the next meeting of the Association." Explanation: The Committee concurs with Secretary Carr that amendments must be submitted at least 9 0 days prior to the opening of the Delegates Meeting in order to provide P l o u g h time for the Committee to meet and make a recommendation within 3 0 days and submit its report within the required 6 0 days. The remaining language contained in this amendment is merely a more orderly and logical rewording of the current language. The Committee recommends adoption of this amendment. THE FOLLOWING ITEMS ARE PRESENTED TO THE DELEGATES BY THE COMMITTEE AS PROPOSED AMENDMENTS TO THE BY-LAWS. IF PASSED AT THIS MEETING, THE AMENDMENTS WILL BECOME EFFECTIVE IMMEDIATELY. • (1) The following amendment to Article II, Section 1 of the By-Laws is submitted to the Delegates by the Constitution and By-Laws Committee at the recommendation of Executive Vice President Joseph E. McDermott as a result of input from the Delegates at the last Annual Meeting' where discussion took place regarding a more orderly method for presenting proposed resolutions (motions) to the delegate body. After reviewing the proposal submitted by Mr. McDermott, the Committee made certain adjustments which it felt would aid in providing the Delegates with as much advance information regarding proposed resolutions as possible given ^ h e size of our organization and our delegate body. "ARTICLE II MEETINGS Section 1. ANNUAL MEETING. Remains the same. New language under Section 1 to read: Any resolutions which are to be submitted for action by the delegate body concerning any subject matter must be submitted to the Secretary of the Association at least sixty (60) days prior to the beginning of the Annual Meeting at which the resolution will be considered. The Secretary will forward the resolution to the Resolutions Committee for study and recommendation to the delegate body. The Resolutions Committee will publish the resolutions together with its recommendations in the official newspaper of CSEA at least fifteen (15) days prior to the beginning of the Annual Meeting at which the resolutions will be considered. Any resolution which does not comply with this provision'can be presented for action to the delegate body only upon the affirmative vote of three-quarters of the delegates present at the delegate meeting. The Resolutions Committee will be appointed on or before July 15 in each year as follows: One delegate to the convention from each region to be appointed by the President of CSEA, and one delegate to the convention from each region to be appointed by the respective Region Presidents. The Committee will review all resolutions submitted in accordance with the procedure described herein and will make the necessary recommendations to the delegate body regarding the action to be taken on the proposed resolutions. The Committee should use appropriate resources within CSEA so that it is fully knowledgeable of the issues regarding each proposed resolution and ^can make an informed decision and recommendation to the delegate body." Explanation: The proposed amendment would provide for the establishment of a Resolutions Committee whose sole function would be to receive proposed resolutions from individual delegates or groups of delegates sufficiently in advance of a delegate meeting to allow for proper research and evaluation of the proposed resolutions. The Resolutions Committee would then file a report with the delegates setting forth the proposed resolutions, the Committee's recom^ m e n d a t i o n , and the reasons or justification for the recommendation. The Constitution and By-Laws Committee has spent a considerable amount of time working with this proposal and enthusiastically recommends its adoption to the delegate body. An important feature of the proposal is that proposed resolutions which are not submitted in accordance with the timetable provided may still be acted upon by the delegate body if a sufficient number of delegates believe that the issue is important enough to act upon outside the norrnal procedure and if the explanation given by the proponent or proponents as to why it was not submitted to 0 the Resolutions Committee in accordance with the procedure is sufficient. The Committee recommends adoption of the amendment. (2) The following amendment was submitted on he floor of the 1 9 8 3 Annual Meeting by then Region President Raymond O'Connor. The delegates referred the motion to the Constitution and By-Laws Committee for further study. The amendment provides that only members of CSEA in bargaining units represented by CSEA shall be eligible to hold office in CSEA. Jerome Donahue, President of the Nassau Local, had submitted a'similar amendment which was referred to the Committee but has since indicated to the Committee that he wishes to withdraw his proposal. "ARTICLE III STATEWIDE ELECTIONS Section 1. ELECTION PROCEDURE. Remains the same New paragraph under Section 1 to read: Candidates for Statewide Office, Region Office, Local Office, and Unit Office must be members in good standing of a bargaining unit for which CSEA has been recognized or certified as the bargaining agent pursuant to the law." Explanation: This proposed amendment would have serious negative aspects which would greatly hamper CSEA in its potential organizing capabilities. It is not uncommon when attempting to organize groups of employees who are not yet organized to create a local or unit for those employees prior to winning 9 collective bargaining election. The creation of a focal point in the organizing process is extremely important and an essential ingredient to winning the ultimate collective bargaining election. While CSEA has recently won a lawsuit with the State of New York over the ability to bargain collectively for employees of the Division of Military and Naval Affairs, we have for the last decade allowed these individuals to be members and have had Locals in many of the armories around the State. If this amendment were adopted, it would exclude Armory employees from being able to hold Local office which, In effect, would abolish the Locals and lead to a significant loss of membership. In addition, the Committee has inquired as to. whether or not there are any problems created by not having this amendment in the Constitution, such as, members of CSEA who are not in bargaining units represented by CSEA being elected to office and leading Locals which bargain collectively with an employer. There appears to be no such situation existing within CSEA at this time and it is not anticipated that such an occurrence is at all likely in the future. For the foregoing reasons, the Committee strongly recommends defeat of the amendment. (3) The following amendment to Article IV, Section 2(d) was recommended to the Committee by the Statewide Officers of CSEA to provide the necessary language in the By-Laws to conform with existing CSEA policy. • "ARTICLE IV FINANCE Section 2. DUES AND AGENCY SHOP FEE. (d) DISABLED MEMBERS. A member in good standing who becomes [totally] incapacitated by accident, [or] illness, or maternity and, as a result of such [accident or illness] incapacity, is placed on a leave without pay, upon proper notification to the Membership Records Department of CSEA, will be granted a gratuitous membership for the duration of that member's leave without pay, not to exceed one year." Explanation: The amendment provides for a gratuitous membership for persons who are on a maternity leave, as well as the currently enumerated reasons for such a membership. The amendment also provides that the gratuitous membership will not exceed one year. This amendment conforms with existing CSEA policy regarding maternity and the length of gratuitous memberships. The Committee recommends adoption of the amendment. (4) The following amendment to Article V, Section 3(a) (4) (g) is submitted to the Delegates by the Constitution and By-Laws Committee to conform with existing CSEA policy. "ARTICLE V JUDICIAL BOARD Section 3. PROCEDURE, (a) Charges against individual members. (4) The following shall constitute the basis for charges against any member or officer of CSEA: (g) Solicitation or acceptance of any money or the acceptance of any gift of more than nominal value from any employer, [member, group of members, or] employee of the union, or from any person or firm which has or which is seeking to establish a business relationshlF^with the statewide Association or any subdivision thereof." Explanation: Currently, the By-Laws provide that acceptance of campaign contributions from individual members of CSEA or groups of individual members is a prohibited trans- action for candidates running for office. In practice, however, all candidates have been notified, wherever possible, that the union has no control over contributions from individual members and, therefore, the provision is basically unenforceable. The proposed amendment would simply remove that portion of the By-Laws which is inconsistent with CSEA practice and policy. The Committee recommends adoption of the amendment. (5) The following amendment to Article V, Section 3(a) (4) is submitted to the Delegates by the Constitution and ByLaws Committee at the recommendation of the Statewide Officers of CSEA. The amendment clarifies additional acts which would constitute a chargeable offense under the Judicial Board process. "ARTICLE V JUDICIAL BOARD Section 3. PROCEDURE, (a) Charges against individual members. . (4) The following shall constitute the basis for charges against any member or officer of CSEA: (a) through (i) remains the .same (j) A violation of any provision of the Financial Standards Code. (k) A violation of the oath of office of any officer. (I) Any other conduct detrimental to the best interests of CSEA. (Subsection (1) is not new language; merely a relettering.) Explanation: Currently, any officer in CSEA is obligated to follow the provisions of the Financial Standards Code and to uphold their oath of office. A violation of either the Financial Standards Code or the oath of office is currently a chargeable offense within the Judicial Board process and this amendment simply clarifies that practice. The Committee recommends adoption of the amendment. .(6) The following amendment to Article V, Section 3(a) (9) is submitted to the Delegates by the Constitution and ByLaws Committee as a result of a referral for clarification by the Board of Directors made at its meeting held in December, 1 9 8 3 . "ARTICLE V JUDICIAL BOARD Section 3. PROCEDURE, (a) Charges against individual members. (9) Where a hearing is held, the Judicial Board shall issue a decision within sixty ( 6 0 ) days after the close of the hearing. All determinations of the Judicial Board shall be made by a majority vote of at least five (5) members [present]." Explanation: Currently, the language in the By-Laws relative to a decision by the Judicial Board requires action by at least five members of the Judicial Board. The language implies that all of the five members must be "present" at a meeting; whereas in practice, on a few occasions due to inclement weather, illness, etc., while five members have concurred on the disposition of a particular case, they have not all been present in the same room at the same time. Given the fact that the Judicial Board must issue a decision within 6 0 days after the close of the hearing, it must have the latitude to allow for the concurrence of five members of the Judicial Board on a particular decision who are not necessarily all physically present at the time they indicate their disposition of a particular matter. The Committee recommends adoption of the amendment. (7) The following amendment to Article V, Section 5 was referred to the Committee by the Delegates at the October, • 1 9 8 3 Annual Meeting. "ARTICLE V JUDICIAL BOARD Section 5. APPEALS. (c) Each member shall have the right to appeal to the delegate body in convention if they continue to feel aggrieved by the findings of the Appeals Committee of the Board of Directors of CSEA. A special appeals panel made up of three (3) members from each region shall be elected by the regional delegates on the first day of the convention at regional caucuses. No regional officers or members of the Board of Directors of CSEA shall be eligible to serve on this panel. The panel shall report its findings to the entire delegate body with its recommendations for a vote by the delegate body." Explanation: The current Judicial Board procedure provides for an aggrieved individual to appeal a decision of the Judicial Board to the Board of Directors. The Board must act upon the appeal no later than two Board meetings after the submission of the appeal. This procedure provides for (Continued on following page) THE PUBLIC SECTOR, F r i d a y , O c t o b e r 5, 1984 P a g e 17 CSEA'S CONSTirUflON AND BY-LAWS (Continued from page 17) a timely resolution of any Judicial Board action and allows the aggrieved member to proceed to Court on a timely basis. The proposed amendment would add an additional appellate leveJ within CSEA to provide for a review of the Judicial Board decision by an appeals committee made up of representatives from each Region. The Committee would then recommend to the delegates in convention relative to the disposition of a Judicial Board matter on appeal. The Committee urges defeat of the proposed amendment for two primary reasons. First, there has been no demonstration whatsoever that the current procedure is either inequitable or unfair and, in fact, to the contrary, it is the Committee's judgment that the system works fairly and expeditiously. Second, the proposed amendment would have the effect of prolonging the internal CSEA appeal process for up to one year which is not a needed or desirable result. The Committee recommends defeat of the amendment. (8) The following amendment to Article VI, Section 4 of the By-Laws is made necessary by the reorganization of the Political and Legislative Action Committee process to provide for the endorsement of local candidates by Region Political Action Committees. "ARTICLE VI Section 4. SPECIAL AND AD HOC COMMITTEES. The Special Committees of the Association shall be as follows: Armory, Auditing, Human Rights and Minorities, Memorial Scholarship Fund, Plaque, Civil Service, Social Services, Probation, School Employees Committee, Special Authorities, Women's Committee, and such other committees designated by the President of the Association. Members of these committees shall be appointed by the President of the Association for the duration of the President's term of office or until successor appointments have been made. Special Committees shall meet at least once a year and review matters pertinent to the committee assignment and/or upon call of the Association's President. The membership of these committees shall not be less than seven, nor more than eleven, and the makeup of such committees shall include representation from each Region and proportional representation for the County Division on such committees that affecfCounty problems. The membership of the Region Political and Legislative Action Committee(s) shall not be less than seven, nor more thah twenty-two." Explanation: Pursuant to the Not-for-Profit Corporation Law, it is necessary that these committees be committees of the organization, as well as committees of the Region in order to effectively make political endorsements and expenditures in the name of CSEA. The Committee recommends adoption of the amendment. ing the substitution of the word "County" with the words 'local government" in ever appropriate instance. 4. Amendment to AVticle XII of the Constitution and Article VII of the By-Laws submitted by Treasurer Fauser by letter dated August 15, 1 9 8 4 . 5. Motion submitted by Alan Siegel, Local 6 8 8 , dated July 1 7 , 1 9 8 4 , pertaining to references in the Constitution and By-Laws of "registered" and "certified" mail. (9) The following amendment to Article VII of the By-Laws is submitted to the Delegates by the Constitution and ByLaws Committee and is the result of recommendations made by Statewide Secretary Irene Carr by letter dated December 12, 1 9 8 3 . "ARTICLE VII These By-Laws may be amended by a majority vote at any meeting of the Delegates of the Association provided [printed copy of such amendment is mailed to each Local and to the Board of Directors by the Association] the proposed amendment has been submitted in writing to the Secretary of the Association at least ninety (90) days prior to the opening of the delegate meeting at which it is to be presented and a copy of the proposed amendment is published in the official newspaper not less than ten days before the meeting at which the proposed amendment is voted upon[, or by a two-thirds vote at such meeting if the printed copy of the proposed amendment is not so furnished in advance]. ADDENDUM TO REPORT OF THE REVISION OF T H ? CONSTITUTION AND BY-LAWS COMMITTEE #1. The Chairperson of the County Executive Committee, Mary Sullivan, by letter dated August 2 7 , 1 9 8 4 , has asked the Committee to make the necessary recommendation to the Delegates to correct the Constitution and By-Laws by inserting the phrase "Local Government" wherever the word "County" appears in the Constitution and By-Laws. The reasons abvanced for this proposed change are that the "County Division" within CSEA encompasses significantly more than the political entity known as a County and o v e ^ time the County Division has been referred to more and more as the Local Government Division. It is time that CSEA make this essentially cosmetic change in order to more accurately reflect the correct makeup of the "County" Division. The Committee unanimously recommends the adoption of this change and proposes that it be done in one motion by the Delegates approving the change. The changes in the Constitution will require a second reading and the Committee recommends that the By-Laws changes not be physically made until such time as the second reading to amend the Constitution has passed. ^ Explanation: The Committee concurs with Secretary Carr that amendments must be submitted at least 9 0 days prior to the opening of the Delegates Meeting in order to provide enough time for the Committee to meet and make a recommendation within 3 0 days and submit its report within the required 6 0 days. The Committee recommends adoption of the amendment. MISCELLANEOUS ITEMS: The following are open items on the Committee's agenda and require further investigation and consideration: 1. Letter submitted by Joseph E. McDermott dated May 2 1 , 1 9 8 4 , regarding the issue of providing startup financial aid to newly created Locals. 2. Letter submitted by Joseph E. McDermott dated May 2 1 , 1 9 8 4 , regarding a proposed Code of Ethics submitted by Board member Kurtz. 3. Letter dated May 2 3 , 1 9 8 4 , submitted by Mary Sullivan on behalf of the County Executive Committee regard- 23 YEARS HONORED — Gerald Boehlert, second from right, proudly displays his CSEA Certificate of IVlerit for 23 years service. On hand for the presentation at a recent Oneida County Local 833 outing were, left to right. Statewide Executive Vice President Joe JVIcDermott; Dorothy Penner, Local 833 president; Region V President Jim Moore; Joanne Page 18 THE PUBLIC SECTOR, F r i d a y , O c t o b e r 5, 1984 #2. On September 13, 1 9 8 4 , the Board of Directors of CSEA adopted a Constitution for the Retirees of CSEA. This Constitution contains all of the benefits of Article XI of the Statewide Constitution plus many additional items which the Retiree Section through the Retiree Executive Committee has requested. Given the fact that the governing document for the Retirees Section is the new Retirees Constitution, it is no longer necessary and is perhaps confusing to continue Article XI of the CSEA Constitution entitled "Retirees Section." The Committee recommends the adoption of a motion deleting Article XI in its entirety. If adopted, this woul(||> constitute a first reading and it would be necessary for approval at the next regular Delegate Meeting before the deletion becomes effective. IVIelisko, unit president, IVIohawk Valley Community College. During his career as a CSEA activist, Boehlert served nine^ears as president of the Oneida County Office Building Unit as well as on a number of unportant committees, including Constitution & By-Laws, Audit and Negotiations. rX BETTER LETTERS — RCPC stands for Rockland Children's Psychiatric Center. These whimsical letters were painted on the wall by children at the> center. Sprucing up a children's center ORANGEBURG — When the employees and youngsters of the Rockland Children's Psychiatric Center here walk through their facility these days, they do so with special pride. That's because the center was recently redecorated — and the decorators were none other than the children themselves. With help from CSEA members of Local 421, toe children made murals, painted walls and ceilings, hung plants and put in other efforts to brighten their cottages. Adding to the fun of this Cottage Beautification Project was the excitement of a contest. "We wanted to do something for the children, and decided to run a contest," explained Jean Kelly, director of Volunteer Services at the center. Prizes of cash were given to the cottages that won, Kelly noted, and funds were to be used for a special treat, such as pizza or ice cream, or an activity for all the children. "The contest would not have gotten off the ground without CSEA members," said Kelly, noting that the combined effort by all was what made the project a success. "It spruced everj^hing up," she said. "Even the adolescent boys brought their cottage from dismal to sparkling. It was good for the staff as well as the children." According to Local 421 President Glenda Davis, employee involvement is nothing new at the Rockland Psychiatric Children's Center. "It's not unusual for staff members to completely throw themselves into a project," she said. "Staff people get very possessive of their worksites. Even with all the problems — like job burnout and stress — people can't help but become involved." Said Kelly: "This staff cares for the children like their own." ADMIRING MURAL - RCPC Local 421 President Glenda Davis admires the new handiwork during a recent tour of the building. UNIQUE UNICORN—CSEA member John Thomason and one of his ch^ges look over a unicorn painted by the children as part of the Cottage Beautification Project at the Rockland facility. CSEA wins reinstaflement for Massena Hospital trio MASSENA — The circumstances of each case were different, but Laurel Brothers, Tim Kirkey and Jean Grinstead now have something in common. They have all been reinstated to their jobs at Massena Memorial Hospital through the efforts of CSEA and its Legal Assistance Program. Brothers, a parttime housekeeping maid, was terminated for refusing to work a scheduled workday in February and for not reporting to work one day in March. The hospital charged she had taken excessive time off without proper and timely notification. CSEA, in its argument before the arbitrator, claimed there were extenuating circumstances involving her child's sickness and the inability to provide adequate care for a specified day when the child could not be taken out in sub-zero weather. At the arbitration, CSEA cited that on at least one occasion Brothers had called in to the hospital more than two hours before her shift started. Although it was noted that Brothers had formerly received a short suspension for her absences, the arbitrator could "find nothing in the post-disciplinary suspension events that would justify termination..." and ruled immediate reinstatement with full back pay from her March 9 discharge. Tim Kirkey, a nurse's aide, was terminated by the hospital Jan. 20 for incidents that occurred Jan. 8 and Jan. 11. Hospital authorities charged him with reporting to work Jan. 8 with a soiled uniform and other disciplinary infractions. Although the hospital argued Kirkey was "no stranger" to discipline, CSEA presented convincing testimony that he was a good worker, easy to supervise, and the hospital had failed to communicate proper codes for his alleged violations. In his decision the arbitrator specified: "If Kirkey had been properly supervised and told that certain types of behavior could lead to termination, his actual termination could have been upheld. However, in this case the termination is not supportable and the grievant (Kirkey) should be returned to work on a last chance basis, with seniority intact." In late July, Jean Grinstead, a licensed practical nurse at Massena Hospital, was charged with a number of unspecific infractions and terminated. She immediately filed a grievance according to the contract clauning the charges stemmed from a personality conflict with a charge nurse. The grievance proceeded to a second step hearing with the administrator where CSEA argued thiat the hospital had made no effort to rectify the differences between grievant and the charge nurse. The case was resolved at the second step and Grinstead was reinstated Aug. 29. Steve Ragan, CSEA field representative, was involved in eacTi case and, in addition to the effort of CSEA legal services, acknowledged the work of Unit President Sandra Luman; grievance chairwoman Penny O'Brien; and Steward Charlene Summerfield in handling the cases. Pubiislier's note In the Sept. 21 edition of The Public Sector there were two typographical errors in the candidate statement of Treasurer Barbara Fauser. These were errors in the typesetting of the publication. THE PUBLIC SECTOR, Friday, October 5, 1984 Page 19 nj Ln ilMfffi] a S Ä M ? Grappling with problems in the workplace HIGHLIGHTS R I S By Anita Manley CSEA Commimicatioiis Associate FISHKILL — An official of the New York State Bureau of Toxic Substances, speaking at a seminar held here recently, cautioned CSEA members about the serious dangers of exposure to asbestos. Samuel Syrotynski, chief of the Indoor Air Quality Section of the bureau, addressed nearly 60 union members at the workshop. It was sponsored by the Region III Health and Safety Committee to address the concern of employees in schools and state hospitals where asbestos has been discovered. Syrotynski warned members that even brief exposure to asbestos fibers can cause serious disease, although illness and their symptoms miay not show up for a number of years. Unfortunately, he said, there are at present no uniform standards of exposure levels in the state. While New York state health laws do not address asbestos, school districts must comply with the School Asbestos Safety Act of 1979 which requires school districts to survey all public school buildings for asbestos and to submit a plan for removal or containment. Syrotynski pointed out that those standards which do exist are applicable only to industrial workers, and, he adds, "I don't agree with them." Finding a better way to deal with the problem is a priority for his agency, says Syrotynski. He noted that Manhattan Senator Martin Connors has been conducting hearings throughout the state to determine what kind of legislation is needed. For example, a few states require a special license for construction companies who remove asbestos. Syrotynski would like to see regulations like that put in place in New York State. Many school districts have closed school buildings recently to remove asbestos. Just how safe they are afterward is not easy to determine. "They come to me to open them," said S3rrotynski. "I ask them, 'How clean is clean?' 'What procedures did you use?' It's not so simple." Especially the testing, he says. Air samples may show nothing, even if the asbestos is obviously crumbling and hazardous because the dangerous asbestos fibers cannot be seen with the naked eye. According to Syrotynski, the microscopic needle-like fibers are easily inhaled and even a brief exposure can lodge a few fibers in the lung where they can cause cancer, asbestosis (a severe lung disease) or Mesothelioma, a cancer which attacks the membranes of the lungs or abdominal cavity. Also, statistics have shown that asbestos workers who smoke are 60-90 times more likely to die of lung cancer than non-smoking/non-asbestos workers. Exposure to asbestos can also come from an indirect source. Syrotynski pointed out that most old apartments contain asbestos. Those who work with asbestos may bring the fibers home on their clothes to their families. In fact, studies have shown that Mesotholioma occurs in persons who live in the households of asbestos workers and in the vicinity of factories that use asbestos in the manufacture of certain products. NEW WORRY — Samuel Syrotynski, right, speaks with Ron Chomiw, chairman of the Westchester County Unit Health and Safety Committee, about the recent discovery of asbestos at Westchester Community College. •J'V . ^ THE PUBLIC SECTOR. F r i d a y , O c t o b e r 19, 1984 fOUR >»0^ ,. SIGN OF THE TIMES — Posted at worksite in Westchester County during cleanup two years ago. How to handle What action should be taken if asbestos is discovered? Syrotynski emphasized that not all asbestos should removed. "In some cases, removal can cause more problems," he says. Encapsulating or containing the asbestos is more practical in cases where the area will not be disturbed by maintenance crews or is contained in "dead air space." The use of the area, should also be considered. For instance, the removal of asbestos from a dormitory or classroom should take priority over removal from a storage room. How does one test for asbestos fibers? Syrotynski recommends the following procedure: • Spray material to be tested with water before sampling. • Use a small, wide-mouth glass jar with a screw-on lid. • Gently twist the open end onto the material (or use a knife to cut or scrape). A pea size sample is adequate. • Tightly close lid, wipe exterior with a dapp paper towel. • Tape lid to prevent opening during handling or shippmg. • Label the container. • Record data for sample site. • TAKE PRECAUTIONS! Minimize personal exposure. Use an approved respirator and disposable clothing coveralls. Exercise care in removing ceiling panels. Hold sample container away from the face. Don't disturb surface anymore than necessary. Inspect and sample only when area is not in use. Spills or leaks should be cleaned with a wet-mop or a high efficiency vacuum cleaner. Avoid blowing, dry brushing or dry mopping, all of which may raise dust levels. For storing asbestos waste, use heavy gauge impervious plastic bags. For final disposal, contact the regional office of the New York State Department of Environmental Conservation. Samples can be tested at private labs throughout the state. For a list of approved labs, contact the New York State Health Department in Albany. i' U'tlMblRt^dittU KJMIÜl -dujCjsesKSfnwan P a g e 20 DUSt H A I A ^ I .VOID BftEl^W'WO