PUBLIC
SECTOR
Official Publication of The Civil Service Employees Association, Local 1000,
American Federation of State, County and Municipal Employees AFL-CIO.
Vol. 9, No. 19
, «Monday, S e p t e m b e r 2 2 , 1 9 8 6
Member input
is sought on
legislative
suggestions
5
Are you aware of a problem or
situation that, realistically, could or
should be addressed a s a matter of law
by state legislators? Do you have an
idea that you believe would benefit the
union rank-and-file if only you had a
way to get your concept considered by
a lawmaker?
If so, CSEA's Statewide Legislative
and Political Action Committee would
like to hear from you. The committee is
in the process of developing CSEA's
1987 Legislative Program, and in order
to be responsive to the needs of all
CSEA members, is soliciting ideas and
suggestions for proposed legislation
from the membership.
A HOUSING SHORTAGE AT
DOWNSTATE MEDICAL
CENTER LEADS TO SLOPPY
CORRECTIVE EFFORTS
All suggestions will be considered,
although not necessarily adopted, at a
meeting of the committee later this
Fall. Each suggestion should include a
brief description of the problem
involved and an explanation of the
potential benefit to the CSEA
membership.
Members should submit ideas to:
Roemer and Featherstonhaugh, P.C.
Attn: Elizabeth K. Clyne
Capital Center
99 Pine Street, Albany, N.Y. 12207
Ideas and suggestions should be
submitted by Nov. 1, 1986.
Procedures listed for obtaining
political action rebate on dues
CSEA members and agency shop fee payers who object to the appropriation of a
portion of their dues or fees for political or ideological purposes unrelated to collective
bargaining can obtain a rebate. The CSEA political rebate amounts to $4.75 for the fiscal
year ending Sept. 30,1986.
The union's procedures call for rebate requests to be submitted by certified or
registered mail addressed to the statewide treasurer. Requests will be accepted during
the month of October.
Individual requests should be submitted; lists of members and fee payers are not
acceptable. Each request for reimbursement must include the individual's Social
Security number.
AFSCME's Constitution also includes a rebate procedure. The International
secretary-treasurer calculates the portion of per capita payment or service fee equivalent
that has been used for partisan political or ideological purposes during the fiscal year
and rebates that amount upon proper application.
Individuals asking CSEA for political action rebates are not required to file separate
requests to the International. CSEA will forward requests it receives to the AFSCME
secretary treasurer.
KUDOS FOR THE SECTOR;
DISTIN DOES IT AGAIN
4
1448
YOU'RE NEVER TOO OLD;
CSEA RETIREES LEARN THE
ROPES IN CONGRESS
DELEGATES TO
CONSIDER SOME
IMPORTANT
CHANGES TO CSEA'S
CONSTITUTION AND
BY-LAWS.
iT
Direct deposit
paychecks ahead
SPuiblic
98Ek
SECTOR
Official publication of The Civil Service
Employees Association Local 1000, AFSCME,
AFL-CIO 143 Washington Avenue, Albany,
New York 12210
AARON SHEPARD
Publisher
ROGER A. COLE
Editor
BRIAN K. BAKER . . . Associate Editor
2
T H E P U B L I C SECTOR
state employees in selected agencies
will soon be able to have their paycheck
deposited directly into their bank account.
The pilot project will eventually be offered
to all state employees.
Under the terms of the program,
employees can designate the option if their
bank is a member of the New York
Automated Clearing house. Funds must be
available to the employee within two days
of the state's deposit.
More information will be provided in the
weeks ahead.
The Public Sector (445010) is published every other Monday by The Civil Service
Employees Association, 143 Washington Avenue, Albany, New York 12210. Publication Office: 143 Washington Avenue, Albany, New York 12210. Second Class Postage paid at Post
Office, Albany, New York.
Address changes should be sent to: Civil Service Employees Association, Attn:
Membership Department, 143 Washington Avenue, Albany, New York 12210.
.
COMMUNICATION ASSOCIATES
—
—
—
SHERYL CARLIN
Region I
.RONWOFFORD
Region VI
(516) 273-2280
(716) 886-0391
LILLY GIOIA
Region II
STEVE MADARASZ
Headquarters
(212) 514-9200
(518) 434-0191
ANITA MANLEY
Region III
(914 ) 896-8180
CO(IIUI(C;(,
DAN CAMPBELL
Region IV
i> 4
(518) 489-5424
s
CHUCK McGEARY
Region V
(315) 451-6330
September 22, 1986
SYRACUSE—CSEA delegates have voted overwhelmingly to
restore full constitutional powers of President William L.
McGowan which earlier this year had been stripped under a
reorganization plan and changes in the reporting chain of
command adopted by the union's statewide Board of Directors.
In a rare special executive session convened at the Syracuse
Civil Center on Sept. 9, more than 600 delegates, armed with
proxy votes representing more than 90 percent of the delegate
body, overturned the earlier action of the Board.
Restoration of the powers of the president was one of two
resolutions adopted during the session. Delegates also approved
the appointment of John Francisco to fill the position of statewide
Treasurer.
The delegates by voice vote rescinded actions taken by the
Board in February and May of this year which had directed that
staff of the union report to the president through the executive
vice president and allowed the Board's Personnel committee to
appoint and dismiss management/confidential staff above Grade
14. The delegates annulled the Board actions with a resolution that
states, in part, "The president shall be responsible for the
organization and direction of the staff of the Association..."
Delegates also passed a resolution directing the president to
"appoint a committee of members to review the delivery of legal
services to CSEA," and to report the findings and
recommendations to the Annual Delegates Meeting which
convenes in Niagara Falls the week of Oct. 26.
The complete text of both resolutions adopted by the
delegates is printed on page 8.
Also by voice vote, the delegates approved President
McGowan's appointment of long-time union activist John
Francisco to fill the office of statewide Treasurer, replacing
Barbara Fauser, who has announced her retirement.
A N O P E N LETTER T O THE IVIEIVIBERSHIP
The ^victory' is ours
The r e c e n t S p e c i a l D e l e g a t e s
M e e t i n g in S y r a c u s e is b e i n g v i e w e d
by s o m e a s a v i c t o r y for m e , a n d a
d e f e a t for m y opponents. I s a y t h e
v i c t o r y w a s not m i n e . It w a s that of
the m e m b e r s h i p !
B y r e c l a i m i n g our c o n s i t u t i o n a l
c o m m i t m e n t w e h a v e b r o u g h t our
union out of dictatorial d a r k n e s s
into d e m o c r a t i c d e t e r m i n a t i o n .
To t h o s e w h o w o u l d c h a l l e n g e m y
m o t i v e s , let m e a s k the following
questions:
Who would b e n e f i t if the
r e o r g a n i z a t i o n p l a n continued?
Who w o u l d b e the b e n e f a c t o r of
not h a v i n g a r e v i e w of our l e g a l
services?
Who did t h e m e m b e r s h i p e l e c t a s
P r e s i d e n t of C S E A ?
T h e a n s w e r s a r e e v i d e n t . A n d just
a s e v i d e n t is the n e e d to unite a n d
g o f o r w a r d . A union d i v i d e d is a
h o u s e divided.
J o i n m e in putting our h o u s e in
order.
LJu.
Committee to review legal services
In compliance with the directive of the CSEA delegate body,
CSEA President William L. McGowan has begun formation of a
committee of members who will be empowered to review the delivery of legal services to CSEA and required to issue a full report
of its findings and recommendations to the delegates at the Annual Delegates Meeting in October in Niagara Falls.
As this issue of The Public Sector went to press the process of
considering potential committee members was still in progress and
selection was incomplete.
The names of committee members appointed to the committee will be published in the next edition.
THE RESOLUTIONS, THE APPOINTMENT - S E E PAGE 8
September 22, 1986
THE PUBLIC SECTOR
3
CSEA's SENIOR
CONGRESSIONAL
INTERNS . . . at left Al
Robinson with Rep. Stephen
Solarz; while at right,
Howard Richardson is
pictured with Rep. Frank
Horton. A picture of the
thrid participant, Louise
Reinecke with her
congressman was
unavailable.
Seniors
capitalize on internship
WASHINGTON, D.C. — For three CSE A retirees, a "handson"experience in Congress has answered a-lot of questions about
how the federal government works.
The three recently spent a week working out of their
representative's office in the bipartisan senior citizen intern
program. In addition to workshops on issues of concern to seniors,
such as health insurance and social security, the participants also
attended congressional committee meetings and learned the "nuts
and bolts" of the political process.
Says Al Robinson of New York City Retirees' Local 910: "I
gained a real understanding of how the machinery works."
Robinson added that he feels even stronger now that everyone
should take a greater interest in what goes on in Washington
because it affects us all.
Louise Reinecke of Suffolk Retirees Local 920 explains that the
program kept participants active at all times and running around
from session to session. She says the "speakers were all helpful and
answered all questions or had someone get back to you with
information." She also indicated that she plans to share what she
learned with her local.
Adds Howard Richardson of Rochester Retirees Local 911: "It
not only was helpful to me, but also to my congressman, Frank
Horton." Shortly after returning from Washington, Richardson was
asked to fill-in for Horton at a speaking engagement where he
discussed the program and other current issues.
Ironically, the three participants were sponsored by CSEA and
AFSCME because Gramm-Rudman budget cuts prevented the past
practice of sponsorship by the congressional offices.
_CSEA
Camera
CloscUps
Where asked: Dutchess
County Local 814, Region 3
What are you
most looking
forward to
about Autiimn in
the Hudson Valley
region of New
York?
4
T H E P U B L I C SECTOR
JONATHON HELLER
Probation
Dutchess County
RICHARD REXHOUSE
Public Works
Dutchess County
DEBBIE PALAZZOLO
Probation
Dutchess County
"I like the spectacular fo- "I can play golf without
liage in the rolling hills
sweating. I can do
and valleys . . .
anything without
Thanksgiving and
sweating!"
Christmas are coming up
and I'll see my
grandchildren and
family."
"1 like taking long drives
looking at the different
colors on the Taconic
Parkway. Watching
football games is also the
best part of Autumn."
"First of all, I like to go
apple picking with my
family. I also like to hike
along Lake Mohonk."
KAY VALLONE
Social Services
Dutchess County
September 22, 1986
Loppy
Subcontractor's repairs
notfitfor pigs
By Lily Gioia
CSEA Communications Associate
t's no secret there's a housing shortage in New York
City. In Brooklyn even animals housed at the Downstate
Medical Center Division of Laboratory Animals are affected now. And their living situation isn't getting any
better.
The squealing piglets and 700-pound mother pigs definitely need
more room. CSEA employees who constructed many of the original
animal enclosures for snakes, sheep, monkeys and pigs residing at
the busy hospital's research facilities, are aware of the housing
problems.
SUNY allocated in excess of $100,000 to construct additional pig
pens on the eighth floor of the huge medical complex, hiring outside
laborers to do the job. But according to one of the heads of Downstate animal research who examined the finished pens, "What we
got, after waiting for one year, is a shabby, deficient and inferior
job, which will not withstand daily wear by the animals. The work
was done by obviously unskilled people."
CSEA Local 646 President Bob Keeler, concerned about the safety and quality of the new animal enclosures, has severely criticized
the waste and slipshod work done by the hired laborers, calling the
finished product a "disgrace." He said the flimsy braces used will
not be able to support the weight of fully grown pigs who will lean on
them.
Calling attention to the uneven, sloppy mortaring work, cage
doors that don't close, and screwdrivers left in place to hold door
hinges together, Keeler pointed out the potential for roach and insect
infestation in the numerous crevices.
Field Representative Larry Borst said that CSEA members
have been doing construction work for years and built many of the
solidly made animal enclosures now being used. "The quality work
done by our public employees has withstood the test of time," he
added.
The State University system is permitted to hire so-called
"professional rank" employees under the U-Grade provision, allowing unskilled outside laborers to be paid more than state employees
with comparable job titles. Professional rank workers supposedly
possess superior knowledge, according to SUNY management.
"If this botched job shows superior knowledge, all I can say is
hog wash!" Keeler said.
It now appears CSEA members will be involved in repairing the
fiasco left behind by the outside laborers. According to Gary
Sullivan, Local 646 first vice president, "This type of situation where
higher paid unskilled workers must have their poor product repaired
(Continued on Page 12)
THE PUBLIC SECTOR
5
CSEAV IDEA io help
Tune into your education
TV series on high schoole^ivalenci;
prep can
help you gear up for college and promotion too
Planning to prepare for a promotional
exam?
Want to brush up on 3 R's before taking a
college-level course?
Interested in getting your GED?
Could a refresher course in basic skills
help you in your job?
Coming this fall
Programming to prepare for the high school equivalency examination will be aired on many
PBS affiliates across the state. The highly-acclaimed high school equivalency series is scheduled for
broadcasting as follows:
High School Equivalency Broadcast Schedule
If you answer any of these questions with
a yes, then a new PBS series developed for
high school equivalency preparation could
help.
The series is scheduled to air this fall.
(See schedule at right.) In math, lessons
will review fractions^ decimals, percents,
algebra and geometry; the English section
covers spelling, grammar, capitalization,
punctuation, sentence structure, organization and style; the reading skills program
includes identification of the main idea,
making inferences, drawing conclusions,
maps, charts and graphs; these skills are
then applied to science and social studies.
CSEA is making available to CSEA
members and agency shop fee payers a
program of services to supplement the
PBS broadcasting in order to encourage
participation.
To find the series useful, participants
must be capable of reading at an eighth
grade level, and three workbooks to
accompany the programming are
necessary. Each of the 43 half-hour programs has previewing and post-viewing
activities and exercises associated with
them for m a x i m u m effectiveness.
Available through CSEA's Institute for
Development, Education and Advancement (IDEA) at the union's statewide
headquarters in Albany will be:
• Pre-assessment, determining
readiness to participate in the series
• The three workbooks needed to follow
the program
• Access to a toll free number for
tutoring when needed
• Post assessment, determining
readiness to pass the high school
equivalency exam, civil service tests
and college-level courses
• Scheduling assistance to take the GED
examination if applicable
Because part of the program cost is
covered by the CSEA state contracts, cost
of these services for state workers covered
by the ASU, ISU and OSU contracts is
$15.00, all of which is refunded when the
program, including the post assessment
test, is completed and materials returned
to IDEA. For all other workers
represented by CSEA, the cost is $24.50, of
6
T H E P U B L I C SECTOR
StaUon
WNED
City
Start
Days
Time
Plattsburgh
10/28
T/F
2:00
Syracuse
10/28
T/F
2:00
Schenectady
10/30
Th
3:00
3:30
Buffalo
10/28
T/F
11:00
Repeat
Sat. 8:00 a.m.
8:30 a.m.
(11/1-4/18)
Sat. 7:30 a.m.
8:00 a.m.
(11/1 Start)
Sat. 7:00 a.m.
7:30 a.m.
(11/1-4/30)
Possible Repeat
Sat. a.m. (TBA)
2:00
10/28
T/F
10/29
W/Th
3:00
Contact Educational Services Department.
2:00
WXXI
Rochester
10/28
T/F
The program will skip the weeks of Thanksgiving, Christmas and January 1.
WNPE
WSKG
Watertown
Binghamton
which $15.00 is refunded when the program is complete and materials returned.
To receive the study packet, fill in the
coupon below and return it with a check or
money order to: CSE A/IDE A, 143
Washington Avenue, Albany, NY 12210.
To: Civil Service Employees Association
Attn.: IDEA
143 Washington Avenue
Albany, N.Y. 12210
I wish to register for the series, including pre and post assessments, accompanying workbooks,
access to a toll-free number for tutoring, and scheduling assistance for the GED if desired.
Enclosed is my check for (circle one) $24.50, or $15.00 if in ASU, ISU or OSU. I understand that
if I complete the course and post assessment and return the books in usable condition with no
marks on the inside, that I will receive a $15.00 rebate. If I keep the books and return only the
pre and post assessment, I will receive a $3.00 rebate. If my pretest indicates the program is
not appropriate for my needs, I will receive a full refund and be referred to an appropriate
educational provider.
Name
Address
State
City.
ZIP.
Agency/Employer
CSEA Local No
Work Phone
Home Phone
Check Interest:
Promotional Exam
College Preparation
Job Title
Ext..
Social Security No.
High School Equivalency
General Refresher
September 22, 1986
T h e A Team' tears 'em up
"THE A TEAM" CHECKS IN AT CHAUTAUQUA - Pictured, from
left, are: Jim Kurtz, Bill Beckerinck, Bob Lattimer, Dick Maggio, Joe
Martin, Kim McHale, Rich Burstein, Kathy Albowicz, Carol Hatfield,
Jim Corcoran, Bob Massey, Penny Bush, Mark Lawrence, Danny
Jinks, Bruce Wyngaard, Mary Murphy, and Jim Smith.
MAYVILLE — Negotiations for a new contract have begun in
Chautauqua County with a showing of the full resources of CSEA
behind a negotiating group fondly dubbed "The A Team".
"This is the first time we have done this on a local
government level," said Region VI President Robert L. Lattimer,
"but I'm sure it won't be the last. It is important to our
members, as well as to any management negotiators to realize
that when they are sitting across the table from our negotiating
team they are only seeing the tip of the iceberg."
"Behind all our negotiating committees," he added, "is the
full support of more than 200,000 fellow members and a wide
range of professional services staff."
Those words were backed by the presence of a represenative
of most CSEA department. They joined Chautauqua Unit
President Dick Maggio and his committee that included Local 807
President Jim Kurtz, past President Bill Beckerink, Jim Smith,
Mary Murphy and Carol Hatfield. CBS Danny Jinks is chief
negotiator.
Hennerty appointed
personnel
director
James HcimtTt>'
September 22, 1986
ALBANY — James Hennerty
has been appointed director of
Employee Relations and
Personnel at CSEA headquarters
by President William McGowan.
Hennerty, 37 has been a field
representative in Region V,
served as a county unit
president, and is a former
con-espondent for The Public
Sector. He replaced Dennis
Battle Sept. 17.
Other CSEA staff present for the initial session included
'Region VI Director Bob Massey; Field Representative Penny
Bush; Bruce Wyngaard, director of Collective Bargaining; Kathy
Albowicz, assistant director of Research; Rich Burstein, Region
VI counsel; Jim Corcoran, director of Occupational Safety and
Health; Mark Lawrence, research specialist; Kim McHale,
Employee Benefits specialist; Joseph Martin, political action
coordinator; and Ron Wofford, Region VI communications
associate.
PEOPLE PEOPLE — Sue
Waltz, president of
Department of Motor
Vehicles Local 674, helps a
member, Marsha
Montayne, try on a
PEOPLE windbreaker.
Montayne received the
jacket — along with a mug,
a visor, a diamond lapel
pin, a copy of Washington
Watch, and membership
in AFSCME's President's
Club — by authorizing a
two dollar bi-monthly
deduction to the PEOPLE
fund. Waltz is also
coordinator for PEOPLE
— CSEA's political action
fund — in the Capital
Region.
THE PUBLIC SECTOR
7
Delegates ok resolutions
restoring constitutional:
power to CSEA president
CSEA delegates meeting in a special executive session
in Syracuse on Sept. 9 adopted two resolutions.
Following is the complete text of those two resolutions.
•RESOLUTION -1
"BE IT RESOLVED that, pursuant to the
authority set forth in Article IV, Section 2 of
the Constitution of the Civil Service Employees
Association, Inc., this Delegate Body affirms
and reaffirms the constitutional power of the
President, elected by the rank and file
members of CSEA, as set forth in Article I,
Section 1 of the By-Laws, and directs that the
powers of the President shall not be limited or
impaired by any resolution of the Board of
Directors:
BE IT FURTHER RESOLVED that this Delegate body affirms and reaffirms that the
language contained in Article I, Section 1 of
the By-Laws stating that: THE PRESIDENT
SHALL BE RESPONSIBLE FOR THE
ORGANIZATION AND DIRECTION OF THE
STAFF OF THE ASSOCIATION means that
only the President has the authority to
organize and direct the staff, unless the
President delegates that authority, and that
the board of Directors of the Association has
no power to interfere with the chain of
command between the President and the staff
of the Association or to interfere with the
directives of the President to the staff.
BE IT FURTHER RESOLVED that this Delegate body rescinds and annuls:
(1) the motions passed by the Board of
Directors on February 27, 1986 relating to the
reorganization and reporting chain of
command of the staff of the Association;
(2) the motions passed by the Board of
directors on May 6,1986 relating to the
reorganization of staff and the reporting chain
of command, the appointments and dismissals
of Management/Confidential staff above Grade
14 and appointment of the Deputy Director of
Organizing;
(3) all resolutions and motions of the board
of Directors inconsistent with this resolution."
•RESOLUTION -2
"BE IT RESOLVED that, pursuant to the
authority set forth in Article IV, Section 2 of
the Constitution of the Civil Service Employees
Association, Inc., the Delegate Body authorizes
and directs the President of CSEA to appoint a
committee of members to review the delivery
of legal services to CSEA, and to report its
findings and recommendations to this Delegate
Body at the Annual Meeting;
BE IT FURTHER RESOLVED that this Delegate Body authorizes and directs the Comptroller and Treasurer of CSEA to pay such
funds as determined by the committee to be
necessary to carry out its responsibilities.
BE IT FURTHER RESOLVED that this Delegate Body rescinds and annuls:
(1) the motion passed by the Board of
Directors on September 9, 1976 stating that
only the board of Directors may authorize a
study of legal services of CSEA; and (2) all
resolutions and motions of the Board of
Directors inconsistent with this resolution.
Francisco named treasurer
ALBANY — CSEA's new Treasurer
John Francisco is no stranger to the
statewide membership. A senior
administrative analyst with the New York
State Thruway Authority, Francisco has
been a member since 1973 and a statewide
delegate since 1975.
In addition to serving as Thruway
Authority Professional, Technical and
Supervisory Unit Local 058 president since
1977, he has also served as the Region IV
Political Action Committee Chairman
since 1980 and on the statewide PAC for
the same period.
Francisco said he welcomes the
opportunity to serve in his new position
and points out that the primary objective
of CSEA is to supply the best
representation possible to the members.
He believes that his own assignment
will be an ongoing effort to build a strong
relationship between the the treasurer's
office and the Locals: "I want a positive
relationship. I'm always willing to provide
assistance and I'm willing to meet the
locals more than half-way if need be."
The newly-appointed treasurer adds that
there is a special responsibility in his office to provide the most accurate
information available to the members on
where their dues money goes.
Francisco holds a Bachelor of Science
degree from Washington and Lee
University, a Master of Business
Administration from Rensselaer
Polytechnic Institute, and a Master's degree in English from the College of St.
Rose.
^ NEXT I The u n i q u e p r o b l e m s
ISSUE "of Social Services
^
CSEA m e m b e r s w o r k i n g for county D e p a r t m e n t of
Social S e r v i c e s f a c e w o r k s i t e p r o b l e m s that in m a n y
c a s e s a r e unique to their jobs.
CSEA Consultant A m y D o r a n h a s b e e n w o r k i n g on a
s p e c i a l S o c i a l S e r v i c e s P r o j e c t d e s i g n e d to i d e n t i f y
s p e c i f i c m a j o r p r o b l e m a r e a s f a c e d by county S o c i a l
S e r v i c e s m e m b e r s ; d e v e l o p s t r a t e g i e s to o v e r c o m e t h o s e
p r o b l e m s ; and i m p l e m e n t the c o r r e c t i v e p r o g r a m s
initially through pilot p r o g r a m s and u l t i m a t e l y on a
statewide basis
In the n e x t edition of The P u b l i c S e c t o r , D o r a n will
report e x t e n s i v e l y on the p r o g r e s s of this p r o j e c t .
8
THE PUBLIC SECTOR
NEWLY APPOINTED TREASURER John
Francisco, right, is congratulated by CSEA
President William L. McGowaii.
Deadline is October 7
for Board seat ballots
ALBANY — Ballots were mailed Sept. 22 for the special election
to fill a pair of vacancies on CSEA's statewide Board of Directors.
Being contested are Board seats representing Tompkins County
and Mental Hygiene Region II.
Beginning Sept. 29, members eligible to vote in those two
elections who have not received their ballot may obtain a
replacement ballot by contacting Brenda Smith at the Independent
Election Corporation of America (lECA).
Call lECA collect at (516) 437-4900.
CSEA's statewide Election Procedures Committee is overseeing
the balloting, which is being conducted by lECA.
Ballots are scheduled to be counted on Tuesday, Oct. 7. The
deadline for receiving ballots is noon that day.
September 22, 1986
ANOTHER FIRST FOR DMNA . . . CSEA
President William McGowan reviews the
terms of the new Employee Assistance
Program signed into effect recently for the
state Division of Military and Naval Affairs
with General Lawrence Flynn. Flanking
McGowan and the DMNA Chief of Staff are
DMNA Local 277 President Donna Tuttle
and Neil Kennedy, President of Capital
District Armories Local 250.
The DMNA EAP is believed to be the first
program of its kind for state military civilian employees in the country.
Proven
ability
the key
to CSEADMNA win
ALBANY
It wasn't easy, but making
the strongest case is how CSEA recently
secured the right to represent Armory
Superintendents and Maintanance
Supervisors in the state Division of Military
and Naval Affairs.
A Public Employment Relations Board officer recently ruled that 75 DMNA
employees with those job titles should be
represented by CSEA a s part of the state
Operational Services bargaining unit (OSU).
In the ruling he also rejected attempts by
the Teamsters and P E F to seize the unit.
Challenges from the DMNA administration
and the other unions over representation
rights had tied up the situation in court for
several years.
In testimony before PERB, CSEA attorney
Richard Burstein and Research Analyst
Frank Abbey made a clear argument that
CSEA has the best record and ability to
serve the employees.
It was shovra that the responsibilities and
needs of the superintendents and supervisors
compared most closely with
CSEA represented OSU members.
Additionally, CSEA's recent success in
negotiating the first-ever contract for 700
other civilian employees of DMNA added
strength to the union's claim of experience
and ability in dealing with the DMNA
administration.
Says CSEA President William McGowan:
''It's a shame we had to go through a legal
hassle to show what was already clear- that
CSEA is best qualified to represent these
people. Now we'll just have to make up for
lost time in meeting their needs."
A positive association for vets
OSSINING — An organization founded
for disabled veterans 40 years ago is now
open to any disabled CSEA members and
their families.
According to Region 3 President Pat
Mascioli, the 52 Association in Ossining,
Westchester County, provides a full
recreational program for the handicapped
at no cost.
Run strictly on donations, the non-profit
organization receives grants from the
state Division of Veterans Affairs and the
United Way.
In addition to a wheelchair accessible
swimming pool, a picnic area, fishing,
boating and action sports such as
basketball, volleyball, and biking are
available. During the winter months, an
exciting ski program is open to the
handicapped.
"We emphasize that the handicapped
can do anything that an able-bodied
person can do," said Executive Director
Al Weinberg.
"Even more important," he said, "is
the opportunity for handicapped people to
interact in a relaxed setting.
Anyone wishing more information
should call (914) 941-9598 or may write to
the 52 Association, Cedar Lane, Ossining,
N.Y. 10562.
September 22, 1986
REG. Ill President Pat Mascioli is no match for Pierce Bunce, Recreational Diretor for
the Eastern Paralyzed Veteran Association, who demonstrates how wheelchair basketball
is played. Bunce, who is an amputee, says there are a number of wheelchair basketball
teams all over the U.S. The New Jersey Nets professional basketball team will play a
wheelchair team from the 52 Association in November at the Ossining facility.
THE PUBLIC SECTOR
9
q training programs
and full of fun!
I
If you're a CSE A officer, your union's Education and Train*
ing Department wants you . . . to t a k e part in our training
programs.
Our new officers' orientation is about the best training program we've ever offered to CSEA activists. Using slide presentations and charts, our trainers waste no time in covering ail the
essentials of w h a t you need to know to do a good job as a union
leader. And our training manuals are packed with information
you can t a k e back to your locals and units so you'll always know
what to do, and save time while you're doing it.
But don't just t a k e my word. Read on about w h a t other
officers have to say about the training they recently received
(at right). They're just a couple of the more than 100 activists
that j a m m e d a conference room at an orientation meeting in
Region II. That's w h a t w e like to see!
Remember, you owe it to your local or
unit—and to yourself—to do the best job
you can as a CSEA officer. When a training session c o m e s up in your area, w e
hope to see you there.
Education and Training Director
Sally Engelhardt
For shop stewards
BROOKHAVEN - Liz Puttre, president of the CSEA
Brookhaven Town White Collar Unit, recently held a shop
steward training s e m i n a r for the 26 CSEA "department h e a d s " in
her unit.
Trainers Carol Craig and Aileen Ronayne were praised for a
job well done. "Aileen and Carol are terrific trainers. I think they
are born teachers and they really know how to draw people out
during group discussions," said Puttre.
Puttre went on to explain that she wants her department
heads to feel m o r e secure so that when problems arise, they will
handle them.
"I feel that training is very valuable," said Puttre who has
scheduled another shop steward training in January for those who
were on vacation.
MARGIE O'Brien, unit president, IVIaritime
College Unit (Local 010)
"I really want to compliment the Education and
Training Department of CSEA on a job very well
done, especially on the training materials. I
learned something about my own leadership style
and how I can increase my effectiveness. I found
that I am task-oriented and I have to learn to share
some of the responsibilities with the members of
our Board and union members. This training opportunity was most welcome. Every kind of information I need to know is contained in the
Resource Book. I have been to other trainings in-
Update schedule
Officers'
training
program
*
CIFIL
SERVICE
EMPLOYEES
ASSOCIATION
O'BRIEN AND F I LRARI at officers' orientation program (above) and
applying what the; ve learned to their union business (insets).
eluding L.U.T.I. Stewards
ining, Grievance
Training, etc., but this Office s Orientation had
so much additional useful
)rmation. When I
need things, now I know the 3ht people to call,
Now when members
q s t i o ^ about The
Empire Plan, the Employee Benefit Fund or
retirement questions, I know lere to get the answers. I can't begin to e s t i m j e how much time
I have already saved by havinc urrent names and
phone numbers in the Resoufle Book to contact
when I need information."
LILLIAN FERRARI, treasurer. Maritime College Unit (Local 010)
'This was the first officers, training I attended.
Combining the films, diagrams and explanations
was very helpful to me. I appreciate how much
information is contained in both the Treasurer's
and Officer's Manuals. There was a form I needed and I found out in the manual where to obtain
it. I learned a lot and am glad I attended. I was
our union secretary for three years before I became the treasurer. I guess I like being involved."
The following is an i p d a t e on dates, t i m e and location changes to the previously
announced n e w officer o l e n t a t i o n program being conducted by CSEA's Education and
Training Departmeij|.
DATE
September
September
September
September
October 1
October 6
October 7
October 8
Octobers
October 15
October 16
October 21
/ Local 1000 AFSCME,
3 F F I C E R ORIENTATION U P D A T E
LOCATION
AREj
Marriott
Buffa
Holiday Inn
J a m e own
Steuben Inn
Bath
Holiday Inn
S a r a t Ä a Springs
SUNY
Bingh|mton
Convention Center
Buffa
Treadway Inn
tav i
Holiday Inn, Airport
Sch( ter
Our P l a c e Restaurant
Amst dam
Island Inn, Westbury
Nass
Coachman Hotel
WhiteHains
Region III office
Fishk
22
23
25
30
AFL-CIO
•
I
I
cial Security No.
To help you to fulfill your responsibility as a CSEA Union Officer, Officers'
Orientation Programs have been scheduled. We encourage you to attend this
training.
Please complete the section below, indicating which orientation you plan to
attend and return to the Region Office.
P I E A s E
P R I N T
Registration
6:30 p.m.
6:30 p.m.
6:30 p.m.
6:30 p.m.
6:00 p.m.
6:30 p.m.
6:30 p.m.
6:30 p.m.
6:30 p.m.
6:30 p.m.
6:30 p.m.
6:30 p.m.
ADDRESS
OFFICE HELD
LOCAL NAME • If
LOCATION OF T R A I N I N G SITE
DATE OF T R A I N I N G
Special training for CS A secretaries and treasurers
PAPERWORK — CSEA Brookhaven White CoUar Unit department heads
figure out problems on the worksheets at a recent shop steward training
session.
Irene Carr
10
THE PUBLIC SECTOR
In addition to the Education and Training
Department's general orientation program for CSEi
officers, the union is providing more specialized
training for secretaries and treasurers in the locals
and units.
These programs are designed to help officers
b e c o m e more skilled at tasks such a s record keepin
book keeping, and taking minutes of m e e t i n g s , a m o
a variety of other jobs they'll be called upon to do.
September
Statewide Secretary Irene Carr, with a s s i s t a n c e
from regional officers, has been conducting the
secretarial training sessions.
Treasurer training is being coordinated by the
CSEA F i n a n c e Department.
All units and locals will be notified by their
regional headquarters as details of schedules b e c o m e
available.
2, 1 9 8 6
\
I
\
SHARON KATZ, Region II treasurer, has some fun with officers at the
registration table for the training sessions.
For committees
LAKE PLACID—Committees,
Region IV Education
Conmiittee Chairwoman Kathy
their operation and structure
Sargalis is pointed out that with
w a s the m a i n topic of the
all of the officer training
workshop sessions of the recent
p r o g r a m s being done by the
Annual Meeting of the Capital
education department this w a s
Region here.
the only presentation on how to
Stressing the qualities needed
use one of the m o s t important
in both conmiittee positions,
tools in a smooth-running unit or
CSEA Education and Training
local.
Director Sally Engelhardt noted
"Committees are the m a i n s t a y
that "while good c o m m i t t e e
of any properly functioning
m e m b e r s are hard to find, good
organization," Sargalis
conmiittee chairmen and w o m e n
observed.
are very, v e r y hard to find. But
they are out there."
In various sessions,
Engelhardt and Sean Turley,
education specialist,
used various
methods of show how
individual
performance often
improves with the
cooperation of other
individuals.
"The c o m m i t t e e
concept brings a lot
of talent to focus on
a project or issue.
The key to using the
c o m m i t t e e properly
is learning how to
channel its united
energies on the
mission of the
c o m m i t t e e , " he said.
With Capital
Region Committee
chairmen and
w o m e n presenting
ON THE BUTTON — Education and Training Spetheir c o m m i t t e e
cialist Sean Turley, who took part in the recent
reports, m e m b e r s
committee training, looks over education and promo
were able to question materials with Region V President Jim Moore and
t h e m on their
Region V Education Committee member Betty
different operating
Browell at one of the officers' training sessions.
styles and problems.
THE PUBLIC SECTOR
11
TV special focuses on sad
situation off women workers
»
Females still stuck in lowest-paying
In the sexual revolution of our time,
women are still coming up losers in the
battle on the job front.
That's according to a recently aired ABC
jobs
s p e c i a l p r o g r a m titled "The Sexual
Revolution" which included interviews with
several CSEA officers and rank-and-file
members from the Long Island Region.
The three-hour special dealt with the
problems women face in the workplace,
juggling personal and professional lives and
trying to make enough money to pay for
decent day care while they work. The show
also discussed changing male-female roles
and the new American family.
RITA WALLACE —
"Systematic, intentional
and
p e r v a s i v e
discrimination."
Among CSEAers interviewed for the
program were Region I President Danny
Donohue and Nassau Local 830 Executive
Vice President Rita Wallace.
Wallace spoke about the problems women
face concerning sex-based
wage
discrimination. CSEA is currently involved
in a legal battle with Nassau County in
regards to this matter.
The Nassau County Department of Police
Communications and Fire Communications
were filmed for part of the special. The
narrator pointed out that both departments
perform the s a m e function, although
e m p l o y e e s in t h e f i r e e m e r g e n c y
department — which is predominantly
staffed by men — make 13 percent more
than the employees in the police emergency
department — which is predominantly
staffed by women.
"I f e e l that t h e r e is s y s t e m a t i c ,
intentional and pervasive sex-based wage
discrimination," Wallace said. "Eighty
percent of the workforce is female and 90
percent of females are in the first three
lowest grades," she added.
ON THE AIR — Region I President Danny
Donohue talks over various women's issues with
John Fielding and Peter Bull from ABC.
Sloppy
(Continued from Page 5)
by CSEA state employees has a bad effect on the morale of the permanent employees." Local Grievance Chairman Roderick Ford
agreed, saying, "Nothing is worse than having to go in and redo a
botched-up job."
More than $100,000 in grant money is still earmarked to restore
monkey enclosures at the facility. Keeler and Local 646 officers oppose the use of outside hiring of so-called professional rank workers
12
T H E P U B L I C SECTOR
to do this job. Their reason is simple: Why provide another opportunity for waste and inefficiency using outside workers when CSEA
members have already proved they have the talent and skill to do
this work and do it well?
With enough squealing by the union and professional laboratory
staff, they hope that Downstate's management will discipline the
supervisor responsible and halt any further "monkey business" as
additional work continues under the remaining funding.
September 22, 1986
Binghamton clean-up continues
Clearing the air
is CSEA's priority
BINGHAMTON—There is still extensive rennovation to be done
t^fore the Binghamton State Office Building reopens in the Fall of
1987. But CSEA is carefully monitoring the work's progress to
ensure that the building will meet all health and safety standards
before people return to work there.
The facility has been shut down since a transformer fire in 1981
contaminated the entire structure with toxic PCBs.
Assisting the CSEA Safety and Health Department in reviewing
the state's clean-up efforts is Dr. Terry Miller, an environmental
engineer and one of the nation's leading experts on PCB fires. Miller is studying the building's ventillation plans and ongoing air
Esting to determine if the fresh air supply is acceptable.
Miller and CSEA officials recently toured the building for a
first-hand view of the situation. Of greatest concern to CSEA was
the abundance of mold on the ceilings and walls.
Because of plans for a dropped ceiling with the recirculation of
air in between, CSEA has misgivings that unless the mold is
completely removed, spores might be carried throughout the
building by the ventillation system. They could cause allergic
reactions or repiratory problems for workers.
Those questions and others are being discussed by CSEA and
• l e state with a plan of action to be developed.
"So far the engineers in the Office of General Services have
been extremely cooperative in trying to address our concerns "says
CSEA Industrial Hygienist Joanne Curtis. She adds: "This building
was devastated and there's still a long way to go before people can
return to it. That's why we're being very cautious and making sure
that we'll have all the answers when they do."
ASKING THE IMPORTANT QUESTIONS NOW...is Dr. Terry Miller, one of the nation's leading experts on toxic chemical fires and
CSEA's health and safety consultant on the Binghamton State Office
Building situation. Pictured with Miller during a recent meeting
with state officials in Albany is Tim Henehan, President of
Binghamton State Employees Local 002. The Binghamton facility is
scheduled to reopen in Fall 1987, but CSEA is making sure all safety
and health questions are answered before that happens.
SOLIDARITY-SOUTHERN
TIER STYLE. . .
Surrounded by CSEA Local
presidents and other
members from the
Binghamton-Broome County
area. Region V President
Jim Moore, center, offers a
friendly CSEA welcome to
New York State Senate
Majority leader Warren M.
Anderson, at the fourth
Annual Solidarity Picnic
held recently in
Binghamton. More than 350
private and public sector
union members, friends of
labor and guests attended
the event sponsored by the
Community Labor Coalition,
an organization designed to
rally union workers around
common causes.
September 22, 1986
THE PUBLIC SECTOR
13
TABLE O F CONTENTS
Pa|c
CONSTITUTION:
Name
purpose «nd Policy
Membership
•
OrganiMlIon of «he AsiocitUon
—Divisions
—Board of Directors
-Directors'Committee
-Officers
-Oath
Regions
Slate D i v i s i o n . . . . ^ . . .
Local Government Division
Delegates
,
,
'
,
*
^
,
5
^
,
^
Funds
in
BY-LAH'S:
Duties of Officers
—President
—Executive Vice President
—Vice President» .
—Treasurer
—Secretary
—Honoraria
Meetings
—Annual Meeting
—Board of Directors
—Directors'Committee
- S l a t e Executive Commltlee
—Local Gov't Executive Commitlee
—Special Meetings
—Notice and Quorum
-Proxies
—Order of Business
—Parliamentary Procedure
—Seraeant-at-Arms
Statewide Elections
—Election Procedure
—Election Agency
-Election Protest
Finance
Judicial Board
Commillecs
-Standing Commillees
- B o a r d Commillecs
—Ncgolialing Commillees
-Special and Ad Hoc Commillees
—Commillecs
Anicndmenls
10
Affiliation and Merger
Amendments
.f.
j»^
II
,,
,,
,2
,,
\\
^
jJ
The Constitution and By-Laws of The
Civil Service Employees Association are at
the very heart of the union. They govern the
operation of CSEA and therefore have
direct impact upon the membership. CSEA
delegates will be considering many important changes to the Constitution and ByLaws during the union's 76th Annual
Delegates Meeting scheduled for Oct, 26-31
in Niagara Falls. The proposed changes to
be considered are presented on pages 14-18
of this edition of The Public Sector.
'
4
*
^
^
^
18
"
^^
"
^^
Bold Face = new material
[brackets] = removal of old material
CSE A's Constitution
and By- Laws
iiiilÄt
The Constitution and By-Laws Committee tnas met four
times since the Annual Delegates Meeting in October,
1985. The meeting dates were February 25, 1986; April
3, 1986; June 5, 1986; and August 7, 1986. 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
accepts referrals from the delegates and Board of
Directors. Additionally, the Committee can initiate
proposals which it deems to be in the best interests of the
Association. All recommendations made by this Committee
are made to the delegates together with the reasons for
the recommendations. 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 amendments to Article IV, Section 2(a)
and Article VII, Section 1 were submitted by Mary Sullivan
on behalf of the Local Government Executive Committee
by letter dated August 27, 1984. Although two different
Articles are affected, they shall be read and voted on
together.
• ARTICLE IV
ORGANIZATION OF THE ASSOCIATION
Section 2. BOARD OF DIRECTORS,
(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,
and members of the Executive Committee of the Local
Government Division, [who represent Locals having 100 or
more members as of the preceding January 1st, and one
additional member of the Local Government Executive
14
T H E PUBLIC SECTOR
Committee, to be elected by the members of the Local
Government Executive Committee, representing Local
Government Division Locals which have membership of
less than, 100 on the preceding January 1st.)"
"ARTICLE VII
LOCAL GOVERNMENT DIVISION
S e c t i o n 1 . LOCAL GOVERNMENT 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 Local Government Executive Committee which
shall consist of the officers of the Association and one
representative from each Local Government [Division]
County Local having 100 or more members as of the
preceding January 1st, and one Local Government
Educational Local representative from each CSEA Region
elected by the Local Government Educational Local
members within each Region. One additional member of
the Local Government Executive Committee shall be
elected by the members of the Local Government
Executive Committee to represent Local Government
County Locals which have membership of less than 100
on the preceding January 1st. In addition to the
foregoing, each Local Government (Division] County Local
with more than 10,000 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."
REST OF SECTION REMAINS THE SAME.
Explanation: This proposal seeks to clarify what is now
ambiguous or confusing language in the Constitution. This
amendment simply states that for purposes of determining
members of the Board of Directors, members of the Local
September 22, 1986
CSEA's Constitution and By- Laws
Government Executive Committee shall be members of the
Board of Directors. The definition of the Local Government
Executive Committee is modified to incorporate that
provision which provides for a voting member on behalf of
those Local Government Locals which have less than 100
members. Since this is basically a "housekeeping"
amendment and has no significant impact on the
Composition of either the Board of Directors or the Local
Government Executive Committee, the Constitution and
By-Laws Committee recommends adoption of this
proposed amendment.
(2) These proposed amendments are submitted to the
Delegates by the Committee as a result of the Committee's
indepth analysis and discussion of the subjects with Mary
Sullivan, Chairperson of the Local Government Executive
Committee, Jerome P. Donahue, President of Nassau
Local, and Joseph E. McDermott, Executive Vice
President.
"ARTICLE IV
• ORGANIZATION OF THE ASSOCIATION
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 Local Government Division who represent Locals having 100 or more
members as of the preceding January 1st, and one
• d d i t i o n a l member , of the Local Government Executive
Committee, to be elected by the members of the Local
Government Executive Committee, representing Local
Government Division Locals which have membership of
less than 100 on the preceding January 1 st. Each Officer
of the Association shall have one vote and each
member of the State and Local Government Executive
Committees shall have the same number of votes to
which they are entitled to at meetings of the State and
Local Government Executive Committees."
Section 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. Each State Department with more than
3 . 0 0 0 members as of January 1 of the election year shall,
C r 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. Each member of the
State Executive Committee shall be entitled to one vote
for each 100 members or major fraction threof that he or
she represents. Where more than one member of the
State Executive Committee is elected from a single
frepartment, those members shall be entitled to a pro
rata share of the votes from their respective constituencies. The Officers of the Association shall each be
entitled to one vote."
REST OF SECTION REMAINS THE SAME.
Section 2. LOCALS. REMAINS THE SAME.
"ARTICLE VII
LOCAL GOVERNMENT DIVISION
Section 1 . LOCAL GOVERNMENT
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
C s t e d in a Local Government Executive Committee which
shall consist of the officers of the Association and one
representative from each Local Government Division
Local, and one Local Government Educational Local representative from each CSEA Region elected by the Local
Government Educational Local members within each
Region. In addition to the foregoing, each Local
Government Division Local with more than 10,000
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. Each member of
September 22, 1986
the Local Government Executive Committee shall be
entitled to one vote for each 100 members or major
fraction thereof in the Local which he or she
represents. Where there is more than one representative from a particular Local, the voting strength of
that Local shall be divided on a pro rata basis between
the elected representatives from that Local. The
Officers of the Assocation shall each be entitled to one
vote." REST OF SECTION REMAINS THE SAME.
"Section 2. LOCALS. (Removal of existing first two
sentences)
(a) LOCALS A Local may be formed by the members
in the Local Government Division in any jurisdiction
where CSEA is the recognized or certified bargaining
agent, upon the approval by the Board of Directors of
the Constitution and By-Laws of such Local. There shall
exist only one Local in each county which shall be
made up of members from more than one political
subdivision wherein CSEA is the recognized or duly
certified collective bargaining agent. One Local for nonteaching employees of school districts may be formed
in each county provided fifty percent (50%) of the
eligible school district Units, but in no event less than
200 school district members, shall request formulation
thereof." REST OF SECTION 2(a) REMAINS THE SAME.
Section 2(b) LOCALS. REMAINS THE SAME.
Section 2(c) LOCALS. REMAINS THE SAME.
Explanation. Because the Delegates have rejected
comprehensive reorganization plans in the past, the
Committee feels that some interim measures must be
taken in order to provide for a more equitable voting
distribution on the Board of Directors and the ability to
create additional Locals in the Local Government Division.
The first amendment provides for a formula very similar to
the one used to determine voting strength by Locals at this
Delegate Meeting. Each member of the Board of Directors
(by virtue of their membership on the State Executive
Committee or Local Government Executive Committee)
would be entitled to one vote for each 100 members or
major fraction thereof which he or she represents. Under
this proposal, no Local, even the smallest ones in the Local
Government Division, lose their representation on the
Board of Directors. This was one of the factors which led
to the defeat of previous Board reorganization proposals.
Another significant feature of this proposal is that the State
Division Board members would be given their
proportionate share of voting strength since under the
current Board organization, while the State Division Board
reps represent more than one-half of the membership in
the Association, they have approximately 35% of the
voting strength on the Board of Directors.
The second feature of this proposed amendment would
allow the Board of Directors to create additional Locals in
the Local Government Division similar to the current ability
to create new Locals in the State Division. The Committee
believes, as supported by the input from Ms. Sullivan, Mr.
Donahue and Mr. McDermott, that it is absolutely essential
for the Board to have the ability to create additional Locals
if CSEA is to continue to deliver high quality services to
Local Government employees. Under our current
procedures. Locals comprising as few as 2 0 0 members
can be created in the State Division but the Board's hands
are tied if a Unit of 2 , 0 0 0 members in the Local
Government Division can justify the creation of a Local.
The Committee believes that the adoption of these
proposed amendments is critical if CSEA is to continue as
a progressive, democratic union.
(3) The following amendment is submitted to the
Delegates by the Constitution and By-Laws Committee. At
the Delegates Meeting held in October,
1985,
amendments deleting all references to "registered" mail
contained in the By-Laws, leaving or substituting the term
"certified" mail, were passed. The changes to the By-Laws
were not made, however, pending this second reading and
passage of the Constitutional amendment.
"ARTICLE IV
ORGANIZATION OF THE ASSOCIATION
Section 5. OFFICERS.
(b) 8. The Statewide Nominating Committee shall make a
good faith effort to select at least two (2) nominees for
each position on the State Executive Committee.
No person shall be eligible for nomination unless tha
person shall have been a member in good standing of
CSEA since June 1 of the year preceding the election. The
Statewide Nominating Committee shall file its report with
the Secretary and Executive Director of the Association no
later than March 1 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 by notifying the Secretary and
the Executive Director of the Association by [registered or]
certified mail, return receipt requested, no later than the
date published in the election schedule. The Statewide
Nominating Committee, in the event of a vacancy created
by a declination or otherwise, shall reconvene and make a
good faith effort to select another qualified candidate if
necessary, and shall file the names of those nominees to
the Secretary and the Executive Director no later than April
15 of the election year. The new nominees shall be
notified by [registered] certified mail, return receipt
requested, on or before April 1 5 of the election year."
Explanation: Information received from the U.S. Post
Office indicates the following. Registered mail is a service
for value. Whatever is sent registered mail literally goes
under lock and key. It is also a slowed down process due
to the special handling and delivery required. The cost for
registered mail is approximately three times the cost of
certified mail. Certified mail is designed to show proof of
delivery to whom, where and when. The post office also
indicated that ten or fifteen years ago there was no certified
mail and everything was sent registered mail. Now, most
mail is sent certified and does not require an individual to
go to the post office for mailing as does registered mail.
The Committee recommends adoption of this amendment.
(4) The following amendment is submitted to the
Delegates by the Constitution and By-Laws Committee.
"ARTICLE IV
ORGANIZATION OF THE ASSOCIATION
Section 6. OATH. All officers of the Association and the
Board of Directors shall be required to take an oath of
office as prescribed by the Board of Directors prior to
assuming the duties of their respective offices. The text of
the Official Oath of Office is as follows:
"I, (blank), do solemnly swear to uphold the
Constitution of The Civil Service Employees
Association, Inc., and to perform faithfully and
impartially the duties of the office that I hereby assume.
I further swear that I shall not engage in any act or
actions detrimental to this union or fail to act to defend
this union to the best of my ability. And I will deliver to
my successor in office all books, papers and other
property of this union which are in my possession at the
close of my official term."
Explanation: The Committee believes that including the
above text in the Constitution will not only provide an easy
reference place for administering the oath to new officers
but will also serve as a remainder to officers of the
responsibilities they have assumed. The Committee
recommends adoption of the amendment.
(5) The following amendments to Article VI, Section 2
and Article VII, Section 2 were submitted by Irene Carr,
Statewide Secretary, by letter dated August 28, 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.]" REST OF
SECTION REMAINS THE SAME.
"ARTICLE VII
LOCAL GOVERNMENT DIVISION
Section 2. LOCALS.
(a) LOCALS. A Local may be formed by members in the
Local Government 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.]" REST OF SECTION REMAINS THE SAME.
Explanation: Since the Board of Directors actually
approves the application of a Local to become chartered
without consideration of the Constitution and By-Laws of
such Local which is mandated, the language being deleted
from the above two Sections is unnecessary and should be
omitted. The Committee recommends adoption of the
amendments.
(6) 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 to remove language which is no longer utilized
by the Association. Although two different Articles are
affected, they shall be read and voted on together.
"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 a
Unit of state government is transferred to the government
of a political subdivision and provided that tlie employees
of such government Unit transferred would not be eligible
for membership in another Local, such Unit may be
THE PUBLIC SECTOR
15
CSEA's Constitution and By- Laws
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 in trusteeship by
the President of the Assocation 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 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
such charges have been served upon the Local and it has
been given an opportunity to be heard.]"
ARTICLE VII
LOCAL GOVERNMENT DIVISION
Section 2. LOCALS.
(a) LOCALS. A Local may be formed by members in the
Local Government 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 may be formed in each county provided fifty
percent (50°ö) 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. [A Local may be placed in trusteeship by the
President of the Association with the consent of the Board
of Directors or the Board of Directors' Committee for failure
to comply with a 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 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 such 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 of a
Local into trusteeship is no longer necessary or desired 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.
THE FOLLOWING ITEMS ARE PRESENTED TO THE
DELEGATES BY THE COMMITTEE AS PROPOSED
A M E N D M E N T S TO THE C O N S T I T U T I O N .
THE
PRESENTATION TO THE DELEGATES AT THIS MEETING
CONSTITUTES A FIRST READING OF THESE
AMENDMENTS.
(1)The following amendment to Article IV, Section 3
was submitted by Janice McGuiness, President of Local
860, by letter dated February 25, 1986.
"ARTICLE IV
ORGANIZATION OF THE ASSOCIATION
Section 3. No member of the Board of Directors of the
Association shall be a member of a competing labor
organization. * No elected or appointed public official 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. "
Explanation: The Committee agrees with the justification
provided by Ms. McGuiness which is to preclude CSEA
members who are appointed public officials from holding
elected or appointed positions in CSEA. There are
instances where such employees, although excluded from
CSEA contracts by mutual consent in the Recognition
clauses, still maintain full CSEA membership, all rights to
vote and run for office, etc. in CSEA because no
managerial confidential designation has ever been sought
by the administration from PERB and such appointed
public official is therefore not precluded from maintaining
such full CSEA membership. It is believed that such
appointed public official should have limitations placed on
16
THE PUBLIC SECTOR
his/her CSEA rights as does an elected public official. The
Committee recommends adoption of this amendment.
(2) The following amendments to Article VIII were
submitted by Statewide Secretary Irene Carr by letter
dated July 16, 1985.
"ARTICLE VIII
DELEGATES
Members of each Local shall elect from their
membership one or more delegates and/or alternates to
represent the members of the Local at all meetings of the
Association, except that the Local President, Vice
Presidents in ranking order. Secretary and Treasurer,
shall, by virtue of their offices, automatically be designated
as delegates and/or alternate delegates. Prior to July 1 5 of
each year, each 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. Such delegate or delegates shall have one
vote for each one hundred (100) members or fraction
thereof in such Local, based upon the paid membership in
the Association on the first day of June preceding the
meeting. The number of votes each Local or Department is
entitled to cast shall be determined by the Membership
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
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.]" REST OF ARTICLE
REMAINS THE SAME.
Explanation: Since all members are now assigned to and
represented by a Local, this language is obsolete and
should be removed. The Committee recommends adoption
of these amendments.
THE FOLLOWING ITEMS ARE PRESENTED TO THE
DELEGATES BY THE COMMITTEE AS PROPOSED
AMENDMENTS TO THE BY-LAWS. IF PASSED AT THIS
MEETING, THE A M E N D M E N T S WILL BECOME
EFFECTIVE IMMEDIATELY.
(1) The following amendment to Article II, Section 1 is
submitted to the Delegates by the Constitution and ByLaws committee as a result of a recommendation received
by Statewide Secretary Irene Carr by letter dated October
28, 1985.
"ARTICLE II
MEETINGS
Section 1. ANNUAL MEETING. The Annual Meeting of
the Association shall be held on call of the President
between the 1 5th day of September and the 1 5th day of
November in each year. The President shall give notice of
the date of such meeting to the President of each Local,
Region and members of the Board of Directors before April
1 5th in each year. Each year the Annual Meeting [shall]
may last [for] up to five days." REST OF SECTION
REMAINS THE SAME.
Explanation: The current language in the By-Laws
mandates that the Annual Meeting must last five days.
Secretary Carr and other officers of the Association
believe that some flexibility in the By-Laws is necessary in
the event there is simply not enough business of the
Association to conduct which would warrant a five day
meeting or the necessary accommodations to hold a five
day meeting are not readily available. If the amendment is
adopted, the By-Laws would still require that the Annual
Meeting be held; however, the duration of the meeting
would not have to be five days as is currently mandated.
The Committee recommends adoption of the amendment.
(2) The following amendment to Article II, Section 3 was
submitted by Thomas Jefferson, Local 694, by motion
dated July 8, 1986,
• ARTICLE II
MEETINGS
Section 3. DIRECTORS' COMMITTEE. Meetings of the
Directors' Committee shall be held upon call of the
President. Upon the written request of one-third of the
members of the Directors' Committee, the President shall
call a special meeting of the Committee within ten days.
Such request must set forth the reason for calling the
meeting and the proposed agenda A copy of the
proposed agenda is to be mailed, concurrent with the
call for a Directors' Committee meeting, to all members
of the Statewide Board of Directors."
Explanation: This proposed amendment would provide
that the entire Board of Directors receive a copy of the
proposed agenda for any meetings of the Directors'
Committee which have been duly called. This a m e n d m e i ^
would, therefore, keep the Board of Directors informed as
to what business the Directors' Committee might be
conducting since, in effect, they are conducting business
of the Board when they act. The Committee believes that
the adoption of this amendment will provide for a better
informed Board of Directors when and if the Directors'
Committee is called into session. The Committee
recommends adoption of the amendment,
(3) The following amendment to Article III, Section 1 was
submitted by Statewide Secretary Irene Carr by letter
dated June 2, 1986.
"ARTICLE III
A
STATEWIDE ELECTIONS
Section 1, ELECTION PROCEDURE. The Standing
Election Procedures Committee shall have the
responsibility for supervising elections of the officers of
the Association [and], members of the State Executive
Committee and members of the Local Government
Executive Committee who shall be elected by secret
ballot." REST OF SECTION REMAINS THE SAME.
Explanation: The Committee agrees with Ms. Carr that
since the Election Procedures Committee is now
overseeing the election of the members of the Local
Government Executive Committee, language to that e f f e r ^
should be included in this Section. The Committee
recommends adoption of the amendment.
(4) The following amendment to Article IV, Section 2 is
submitted by the Constitution and By-Laws Committee as a
result of recommendations made by Executive Vice
President Joseph E. McDermott and Statewide Treasurer
Barbara Fauser by letters dated May 28, 1985 and
February 10, 1986.
"ARTICLE IV
FINANCE
Section 2. DUES AND AGENCY SHOP FEE.
(a)(1) Effective April 1, 1980, the annual membership
dues and agency shop fee of the Association shall be
ninety-one dollars ($91.00). Effective April 1, 1981, the
annual membership dues and agency shop fee of the
Association shall be one hundred four dollars ($104.00).
Effective April 1, 1982, the annual membership dues and
agency shop fee of the Association shall be equivalent to
the minimum dues for local unions established by the
constitution of the Association's international affiliate, the
American Federation of State, County and Municipal
Employees. Membership dues and agency shop fees
collected by bi-weekly payroll deduction shall be at the
rate of 1 /26th of the annual amount. Members who elect
pay dues by direct payment may do so by paying the
annual amount of the dues to the Association on or before
October 1st of the fiscal year for which such dues are
paid. A member who elects to pay dues by direct payment
may pay such dues in two equal semi-annual installments
on October 1st and April 1st of the year for which such
dues are paid. No Local, Unit or Region has the right to
assess additional dues from members."
Explanation: The Committee is recommending the
insertion of this prohibitive language as a result of
discussions with Mr. McDermott and Ms. Fauser. Years
ago, the CSEA Constitution contained a section w h i c ^
specifically allowed Locals/Units to assess their
membership above and beyond the CSEA, Inc. set dues
structure. The language was subsequently removed by the
Delegates. In the recent past, there have been at least two
cases where assessments were levied and being paid by
the membership to lower level jurisdictions. While the
language was removed allowing additional dues
assessments, there was no prohibitive language put in its
place. The Statewide Officers concur that the language
should be placed in the Constitution prohibiting this
practice and clarifying the existing policy and procedure.
The Committee recommends adoption of the a m e n d m e n t
(5) The following amendment to "Article IV, Section 3
was submitted by James V. Kurtz on behalf of the Region
VI Officers by letter dated March 12, 1986.
• ARTICLE IV
FINANCE
Section 3. REFUND AND REIMBURSEMENT.
(c) REFUNDS TO REGIONS. Each Region of the
Association shall receive from the Treasurer an annual
payment of twenty-five cents of the membership dues and
September 22, 1 9 8 6 ^
J
CSEA's Constitution and By- Laws
agency shop fees collected from eachi of the employees in
such Region. In the event that a Region adopts a plan for
assessing the Local within its Region, the State Treasurer
[may] shall, upon notification Dy the Region Treasurer that
a Local is delinquent in its Regional assessments, deduct
that assessment from the Local's direct rebate from the
^Association and transmit [, upon approval of the Board of
Directors,] the assessment to the Region Treasurer. "
Explanation: The proposed amendment modifies the By
Laws to provide that in the event that a Region adopts a
plan for assessing the Locals within the Region and a Local
does not pay its share of the assessment, then upon
proper notification to the Statewide Treasurer, the
assessment will be deducted from the rebate made by the
Statewide Association to the Local. The current procedure
gives the Statewide Treasurer some discretion regarding
this deduction and also mandates that approval for the
deduction in each and every case must come from the
^ o a r d of Directors. As long as the Region has duly
adopted the assessment plan and a Local is delinquent in
paying its fair share, there does not seem to be any reason
why the deduction from its rebate should not be automatic.
The Committee recommends adoption of the amendment.
(6) The following amendment to Article V, Section 1 is
submitted by the Constitution and By-Laws Committee as a
result of discussions with Florence Tripi, Chair of the
Judicial Board.
"ARTICLE V
JUDICIAL BOARD
Section 1. MEMBERS
0 (e) [No member of the Judicial Board shall serve as a
Hearing Officer or may vote on a determination of the
Judicial Board which involves a member, Local or Unit from
that member's Region.] No member of the Judicial Board
shall serve as a sole Hearing Officer at hearings which
involve charges against members, Locals or Units from
that member's Region. No member of the Judicial
Board may vote on a determination of the Judicial Board
which involves a member or a Unit from that member's
Local. No member of the Judicial Board may vote on a
determination of the Judicial Board which invovles that
member's Local. Any member of the Judicial Board who is
^ I s o on the Board of Directors of the statewide Association
may be present during the presentation of an appeal to the
Board of Directors, but may not vote on the disposition of
that appeal."
Explanation: The proposed amendment changes the
existing procedure regarding eligibility of Judicial Board
members to participate in Judicial Board matters which
relate to the respective Judicial Board member's Region.
The current language provides that no Judicial Board
member may serve as any part of a hearing panel in
matters involving that member's Local, Unit or Region. In
addition, that same Judicial Board member may not vote on
0Tiatters that involve that member's Local, Unit or Region.
Given the fact that Section 3(a)(9) requires that a decision
of the Judicial Board must be made by a majority of five
voting members present, the Judicial Board has found it
difficult to comply with this section, particularly where two
Judicial Board members come from the Region where the
particular matter before the Board emanated from. A
variety of amendments to deal with this problem have been
proposed to the Committee and the delegate body in the
past: however, the Committee believes and the Judicial
Board concurs that the proposed amendment would allow
the Board to conduct its business in a more business like
fashion.
Simply put, the proposed amendment would not allow a
Judicial Board member to sit as a sole hearing officer at
hearings which involve charges against members. Locals
or Units from that Judicial Board member's Region. The
Judicial Board member could, however, sit with other
members of the Judicial Board or the entire Judicial Board
at the time the charges are heard. The Judicial Board
member could vote on matters which involve the Region or
Locals from the Region but could not vote on matters
which involve his her own Local or which involve members
from that Judicial Board member's Local or Units of that
^Judicial Board member's Local. The amendment would
permit a Judicial Board member the opportunity to vote on
matters involving all other Locals in the Judicial Board
member's Region. The Committee recommends adoption
of the amendment.
(7) The following amendment to Article V, Section 2 is
submitted by the Committee as a result of a
recommendation made by Janice McGuiness, Local 8 6 0
President, by letter dated July 18, 1 986. This amendment
directly relates to Item 1, Line 3 5 4 , Page 11 of this
Report.
September 22, 1986
"ARTICLE V
JUDICIAL BOARD
Section 2. JURISDICTION.
(a) The Judicial Board herein created shall have the
power to hear, investigate, determine, and all powers
incidental thereto, as well as the power to promulgate
procedures concerning:
(1) all complaints and charges against members;
(2) trusteeships:
(3) election questions concerning contract ratification;
(4) whether elected or appointed public officials who
are members of CSEA are deemed to have a conflict of
interest."
Explanation: Article IV, Section 3 provides that the
Judicial Board shall determine whether elected or
appointed public officials have a conflict of interest. There
is nothing in Article V of the By-Laws governing the
jurisdiction of the Judicial Board which gives them this
responsibility. The Committee, therefore, recommends the
inclusion of this amendment so that Article V of the ByLaws will be consistent with Article IV, Section 3 of the
Constitution. The Committee recommends adoption of the
amendment.
(8) The following amendment to Article V, Section 3 is
submitted by the Constitution and By-Laws Committee.
This amendment directly relates to Item 6, Lines 2 8 1 - 3 4 2 ,
Pages 9-11 of this Report.
"ARTICLE V
JUDICIAL BOARD
Section 3. PROCEDURE.
(b) Trusteeships.
(1) Any Local or Unit may be placed in trusteeship for
any reason deemed good and sufficient by the President
or by the Board of Directors of the statewide Association.
Charges against any Local or Unit may also be deemed
charges against the individual officers of the Local or Unit.
In such case, all charges will be heard together before the
Judicial Board. The President or the Board of Directors of
the statewide Association must serve the Local, Unit,
and/or officers thereof with charges by [registered]
certified mail, return receipt requested, with a copy to the
Judicial Board within ten (10) days of placing the Local
or Unit in trusteeship." REST OF SECTION REMAINS
THE SAME.
Explanation: The current Judicial Board jurisdiction
includes hearing charges against Locals which have been
placed in trusteeship. Moving the language from Article VI,
Section 2 and Article VII, Section 2 of the Constitution to
Article V of the By-Laws is intended to consolidate all
references to Locals placed in trusteeship and make the
entire procedure less confusing by referencing it only in
one section. The Committee recommends adoption of the
amendment.
(9) The following amendment to Article VI, Section 4 is
submitted by the Constitution and By-Laws Committee as a
result of a recommendation by Executive Vice President
Joseph McDermott by letter dated June 3, 1986.
"ARTICLE VI
COMMITTEES
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, 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] as
required and review matters pertinent to the committee
assignment and'or upon call of the Association's
President." REST OF SECTION REMAINS THE SAME.
Explanation: Under the current language, Special
Committees must meet at least once a year even if the
Committee has no business to conduct. In addition,
another factor involved in a strict interpretation of the
requirement to meet on an annual basis is that CSEA must
now, under its current State contracts, begin to reimburse
the State of New York for EOL usage above 7 5 0 days. It
has been pointed out to the Committee that during the
1985-86 contract year, CSEA utilized 7 2 0 days in a
program which started late as far as record keeping. The
amendment would give more flexibility to how often Special
Committees should meet. The Committee recommends
adoption of the amendment.
(10) The following amendment was submitted by
Executive Vice President Joseph McDermott by letter
dated June 3, 1 986.
"ARTICLE VI
COMMITTEES
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,] and such other committees designated by the
President of the Association." REST OF SECTION
REMAINS THE SAME.
Explanation: The amendment would remove Special
Authorities as a Special Committee of the Association.
Since the Special Authorities Committee has not been in
existence for a number of years, the removal of this
language is appropriate. The Committee recommends
adoption of the amendment.
(11) The following amendment to Article VI, Section 4
was submitted by Doris W. Williams, Chair of the Special
Human Rights and Minorities Committee, by letter dated
May 29, 1986.
"ARTICLE VI
COMMITTEES
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, and such other committees designated by the
President of the Association." REST OF SECTION
REMAINS THE SAME.
Explanation: The Human Rights and Minorities
Committee has recommended to our Committee that the
name of the Committee be changed from Human Rights
and Minorities to Human Rights, As justification for their
recommendation the Human Rights and Minorities
Committee cites:
(a) " . . committee deals with all human rights concerns,
not just a few."
(b) "The word Minorities turns members of CSEA off
because the first thing that comes to mind is Black. The
Committee is not supposed to be All Black."
(c) "The support and attendance at our workshops
would pick up because it would be for all members."
Our Committee takes no position on this proposed
amendment but simply reports it to the Delegates with the
rationale provided by the Human Rights and Minorities
Committee.
(12) The Board of Directors has submitted the following
package of proposed amendments to the Committee for
presentation to the Delegates. The package contains
proposed amendments to both the Constitution and the
By-Laws as they relate to the Election Procedure for the
four Statewide Officers, members of the State Executive
Committee, and members of the Local Government
Executive Committee. The basic intent of these proposed
amendments is to modify the current language in the
Constitution and By-Laws which relates to the use of a
Nominating Committee in the election process. The new
proposed language provides for nomination by petition
which is the only valid method which CSEA can utilize for
elections under the jurisdiction of the U.S. Department of
Labor, The recently run elections for State Executive
Committee and Local Government Executive Committee
both utilized the nominating petition process even though
this language did not yet appear in the Constitution and or
By-Laws. CSEA really has no alternative but to adopt the
language so that the Constitution and By-laws reflect the
legally permissible method for members to be nominated to
either the four Statewide offices, the State Executive
Committee or the Local Government
Executive
Committee. The following are Constitutional changes:
"ARTICLE IV
ORGANIZATION OF THE ASSOCIATION
Section 5. OFFICERS. The Officers of the Association
shall be a President, an Executive Vice President, six Vice
Presidents to be the six Region Presidents, the Secretary
and Treasurer.
(a) ELECTION. The [four statewide officers] President,
Executive Vice President, Secretary and Treasurer of
the Association shall be elected by secret ballot triannually (every three years). The six Vice Presidents of the
Association shall be elected for a term of three years, such
elections to be conducted concurrent with Region
elections. All officers of the Association shall hold office for
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
THE PUBLIC SECTOR
17
CSEA's Constitution and By- Laws \
Board of Directors by electing any one of the six Vice
Presidents, the Secretary or the Treasurer. A vacancy in
the term of any of the Vice Presidents shall be filled
according to the Constitution and By-Laws of the
respective Regions. Vacancies in the office of Secretary
and Treasurer may be filled for the remainder of the term
by the Board of Directors. No statewide officer shall be an
officer of a Local or Unit."
DELETE ENTIRE CURRENT LANGUAGE UNDER
SECTION (b) NOMINATIONS.
(b) NOMINATIONS. Nominations for the offices of
President, Executive Vice President, Secretary and
Treasurer shall be made by official petition. Upon the
written request of any member, official petition forms
shall be provided by the Executive Director or other
responsible employee of the Association so
designated. When nominating petitions are given out,
the name of the candidate and the office that candidate
is seeking must be typed or clearly printed at the top of
the petition. A record must be kept of all petitions
disbursed. A member who is otherwise eligible may
qualify as a candidate for office by submitting a
nominating petition carrying the signatures and social
security numbers of not less than 1,000 members in
good standing eligible to vote in the election. Any
member submitting the required number of valid
signatures to the statewide Election Committee at
CSEA Headquarters in a timely manner shall be placed
on the ballot as a candidate for office. Write-in votes are
prohibited.
DELETE ENTIRE CURRENT LANGUAGE UNDER
SECTION (c) INDEPENDENT NOMINATIONS. .
(c) ELIGIBILITY. In order to be eligible to seek office,
a candidate must be at least 18 years of age, a member
in good standing of the Association since June 1 of the
year preceding the election, shall not have been a
member of a competing labor association or union
since June 1 of the year preceding the election, and
shall not currently be serving a disciplinary penalty
imposed by the Judicial Board of CSEA.
"(d) The Board of Directors shall within reasonable limits
authorize the reimbursement of travel expenses for duly
nominated candidates for the four statewide officers of the
Association."
"ARTICLE VI
STATE DIVISION
Section 1. STATE EXECUTIVE COMMITTEE. REMAINS
THE SAME.
(Section 2. LOCALS.] Renumbered to Section 3.
[
Section 2.
(a) NOMINATIONS. Nominations for members of the
State Executive Committee shall be made by official
petition. Upon the written request of any member,
official petition forms shall be provided by the
Executive Director or other responsible employee of the
Association so designated. When nominating petitions
are given out, the name of the candidate and the office
that candidate is seeking must be typed or clearly
printed at the top of the petition. A record must be kept
of all petitions disbursed. A member who Is otherwise
eligible may qualify as a candidate for the State
Executive Committee by submitting a nominating
petition carrying the signatures and social security
numbers of not less than ten percent (10%) of the
members in good standing eligible to vote in the
election provided, however, that in no event will more
than 450 valid signatures and social security numbers
be required. Any member submitting the required
number of valid signatures to the Statewide Election
Committee at CSEA Headquarters in a timely manner
shall be placed on the ballot as a candidate for the
State Executive Committee. Write-in votes are
prohibited.
(b) ELIGIBILITY. In order to be eligible to seek office,
a candidate must be at least 18 years of age, a member
in good standing of the Department since June 1 of the
year preceding the election, shall not have been a
member of a competing labor association or union
since June 1 of the year preceding the election, and
shall not currently be serving a disciplinary penalty
imposed by the Judicial Board of CSEA."
Section 3. LOCALS. LANGUAGE REMAINS THE
SAME,
"ARTICLE VII
LOCAL GOVERNMENT DIVISION
Section 1 . LOCAL GOVERNMENT
EXECUTIVE
COMMITTEE. REMAINS THE SAME.
[Section 2. LOCALS.] Renumbered to Section 3.
18
THE PUBLIC SECTOR
Section 2.
(a) NOMINATIONS. Nominations for members of the
Local Government Executive Committee shall be made
by official petition. Upon the written request of any
member, official petition forms shall be provided by the
Executive Director or other responsible employee of the
Association so designated. When nominating petitions
are given out, the name of the candidate and the office
that candidate is seeking must be typed or clearly
printed at the top of the petition. A record must be kept
of all petitions disbursed. A member who is otherwise
eligible may qualify as a candidate for the Local
Government Executive Committee by submitting a
nominating petition carrying the signatures and social
security numbers of not less than ten percent (10%) of
the members in good standing eligible to vote in the
election provided, however, that in no event will more
than 450 valid signatures and social security numbers
be required. Any member submitting the required
number of valid signatures to the Statewide Election
Committee at CSEA Headquarters in a timely manner
shall be placed on the ballot as a candidate for the
Local Government Executive.Committee. Write-in votes
are prohibited.
(b) ELIGIBILITY. In order to be eligible to seek office,
a candidate must be at least 18 years of age, a member
in good standing of the Local or in the case of
Educational Representatives of the Region since June 1
of the year preceding the election, shall not have been
a member of a competing labor association or union
since June 1 of the year preceding the election, and
shall not currently be serving a disciplinary penalty
imposed by the Judicial Board of CSEA.
Section 3. LOCALS. LANGUAGE REMAINS THE SAME.
The following are By-Laws changes:
• ARTICLE I
OFFICERS
Section 1. PRESIDENT. The President shall be the
responsible and chief administrative officer of the
Association and shall preside at all Board of Directors and
Delegate meetings of the Association. The President shall
serve on a full-time basis. If the President is unable to
obtain a paid leave of absence from the employer, the
Association shall, pursuant to law, obtain a paid leave of
absence for the President and the Association shall
reimburse the employer for the cost of such leave. The
President's signature shall be required on all contracts and
on all orders drawn upon the Treasurer that have been
approved by the Association or the Board of Directors. The
President shall be a member ex officio of all committees
except the [Nominating and] Election Committee[s] and
shall initiate and effectuate plans which, in the President's
judgment, are in the best interest of the Association."
REST OF SECTION REMAINS THE SAME.
"ARTICLE III
STATEWIDE ELECTIONS
Section 1. ELECTION PROCEDURE. The [Standing]
Election [Procedures] Committee shall have the
responsibility for supervising elections of the officers of
the Association [and], members of the State Executive
Committee and members of the Local Government
Executive Committee who shall be elected by secret
ballot. The Election [Procedures] Committee shall
supervise the distribution, receipt, and verification of
nominating petitions, and the drafting, distribution,
verification and counting of the ballots. The ballot must
clearly recite the date, place and time for the return of
ballots and must be accompanied by instructions as to how
a secret ballot may be cast. The names of the candidates
shall appear on the ballot in the order in which they were
drawn by lot. Such drawing shall be conducted by the
Election [Procedures] Committee upon notice to all
candidates. Balloting is to be conducted for all elective
offices between May 1 5 and June 15 of the election year.
The distribution of ballots and the return of completed
ballots shall be accomplished in a manner which will assure
each member in good standing a fair opportunity to vote.
Only CSEA members in good standing as of April 1 of the
election year will be eligible to vote in the election. All
candidates may be present during the counting of the
ballots. The member receiving the greater number of votes
for the office shall be declared elected. The Board of
Directors of the Association shall establish rules and
regulations concerning the conduct of the election. Such
rules and regulations shall be adopted by a simple majority
of the Board of Directors and may be amended thereafter.
Printed copies of the rules and regulations shall be mailed
to all candidates and Local Presidents on or before May 1
of the election year Write-in votes are prohibited.
Section 2. ELECTION AGENCY. REMAINS THE SAME.
Section 3. ELECTION PROTEST. Any member believing
himself or herself aggrieved by any aspect of the
nomination or election process may file a written protest
with the statewide Election [Procedures] Committee, Civil
Service Employees Association, Inc., 143 Washington
Avenue, Albany, New York 12210, by [registered or]
certified mail, return receipt requested. Such w r i t t e i #
protests must be [postmarked] received within ten (10)
calendar days after the member first knew or should have
known of the act or omission complained of. Notice of such
protest must also be sent by [registered or] certified mail,
return receipt requested, to all other candidates. The
protest must include the member's signed statement,
supported by necessary documentary proof, containing a
short and plain statement of the facts upon which the
member relies to show that he or she has been aggrieved.
Each election protest must contain the name, address and
telephone number of the member protesting the election
and a statement that all other candidates have b e e ! #
notified of the protest.
If the statewide Election Committee determines that
the signed statement and supporting proof establish
that the member has been aggrieved by an aspect of
the election process, it shall sustain the protest and
take any other action which it deems appropriate in
order to remedy the situation. If the statewide Election
Committee determines that the signed statement and
supporting proof fails to establish a violation of any of
the election procedures, it shall dismiss the protest and
so notify the member. If the statewide Election
Committee determines that the signed statement anct^
supporting proof raises a question of fact which, if
resolved in favor of the member, would establish that
there has been a violation of the election procedures, it
shall hold a hearing to determine whether in fact the
protest is valid.
At the hearing, the protestor shall bear the burden of
proof. The statewide Election Committee may also
invite other interested parties to appear and present
evidence. All interested parties will be entitled to bring
witnesses and present evidence in support of their
positions. All expenses incurred relative to the hearing
must be borne by the individuals involved. No member||
of the statewide Election Committee will be permitted
to vote on a protest which involves his or her own
Department or Local.
If the statewide Election Committee determines that
the protestor has failed to establish a violation of the
election procedures, the Committee shall so notify the
protestor. If the statewide Election Committee sustains
the protest, the Committee shall notify the protestor
and all affected candidates. The statewide Election
Committee may take any action it deems appropriate in
order to remedy the situation."
'ARTICLE VI
#
COMMITTEES
Section 1. STANDING COMMITTEES. The Standing
Committees of the Association shall be as follows:
Insurance Committee, Legal Committee, Revision of the
Constitution and By-Laws Committee, Convention
Committee, Political and Legislative Action Committee,
Committee for Methods and Procedures, Education and
Training Committee, Election [Procedures] Committee,
Federal and State Employment and Training Programs
Committee, Membership Committee, Statewide Safety and
Health Committee, and Women's Committee." REST OF
SECTION REMAINS THE SAME. The Committee#
recommends adoption of the amendments.
All correspondence with resolutions and/or proposed
amendments received by the Committee as of the date of
its last meeting (August 7, 1986) have been reviewed.
Appropriate responses have been directed to the
individuals involved.
Submitted by,
REVISION OF THE CONSTITUTION AND B Y #
LAWS COMMITTEE
Carmen Bagnoli, Chair
Rita Wallace
Fred Daniels
Enrico Paradiso
Bruce Larsen
Maureen Malone
Terrence Melvin
September 22, 1986 ^
'Public Sectors staffers
honored for excellence
Ralph Distin
Stephen Madarasz
This,
that
AND THE OTHER THING
The Public Sector and two CSEA staff members have earned prestigious awards in
the 1986 International Labor Communications Association (ILCA) Journalistic Awards
Contest in direct competition against 160 of the best labor publications in the United
States and Canada. The Public Sector has been a multiple-awards winner every year it
has entered the international competition for journaUsm excellence.
Ralph Distin, a graphics arts specialist in CSEA's Communication Department, won
first place in the 'best original cartoon' category for his cartoon which appeared in the
June 14, 1985 issue of The Public Sector. The judges called Distin's winning entry "An
excellent composition of the waste and manipulations of the Reagan Administration in
its defense expenditures. An education in itself." Distin, who draws all Public Sector
editorial cartoons, has won the top award several times in previous competitions
against the best cartoonists in the U.S. and Canada.
Stephen Madarasz, a conmiunications associate working out of CSEA's
headquarters in Albany and formerly Metropolitan Region communication specialist,
authored the article "At DMV, Story is Always the Same . . . Lines, Lines, Lines!",
which won the second place award for the best feature story' category. Said the judges
of Madarasz's story, "Actually, the story is far more than lines — it is a litany of
abuses that AFSCME members must bear while performing their jobs at New York
City's Department of Motor Vehicles."
A record 160 union pubhcations submitted nearly 1,100 entries in the contest, which
covered the 1985 calendar year.
PERSISTENCE PAYS
Purse snatcher snatched
Persistence paid off for a pair of White Plains Parking Authority
CSEA members who chased down an alleged purse snatcher in a city
garage not once, but twice, and then had to relocate the victim so
police could file charges.
Carmela Becerra, a 3-year employee, was about to leave work
for the day when a woman nearby screamed "Stop this man!",
shouting he had stolen her purse. "The guy ran right by me," said
Becerra. "I chased him and had him cornered. I told him to drop the
lady's bag and he did, and then he started running again."
Meanwhile, coworker John DeFate called police, then joined
Becerra in chasing the man a second time. They caught him and
brought him back to the garage office to wait for police. Only one
thing was wrong — the victim had disappeared by this time. Becerra
went searching for the woman, found her, and convinced her to talk
with police about the incident.
Actually, employees are advised not to confront criminals but
rather to be watchful and call police if required. But in this instance
J
/
CARMELA BECERRA and JOHN DEFATE — a good deed done.
the two, members of Westchester Local 860, took action themselves
which resulted in the apprehension of an alleged criminal and the
restoration of the pocketbook to the victim. Congratulations to both.
TAKE ME OUT TO THE BALLGAME
Patients at the Orange County Infirmary got a big thrill recently when they
were taken to a New York Yankee baseball game, compliments of CSEA and CSEA
members who work at the county infirmary. CSEA paid for the bus for the trip,
and union members served as escorts for the patients.
Included in the outing was a "Yankees Welcome" message on the centerfield
scoreboard to help cheer up the infirmary patients who were cheering on the home
team.
September 22, 1986
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19
slash exposure limit,
demand tighter controls
By Ron Wo^ford
CSEA CommunicaLons Associate
BUFFALO—New standards on asbestos
exposure are now out and it looks like
they could save lives.
According to Region VI Occupational
Safety and Health Representative John
Bieger, just back from an Environmental
Protection Agency conference, stricter
engineering controls and work practices
demanded in newly-revised OSHA
regulations will reduce occupational
asbestos exposure to one-tenth of the
previously permitted limit. And that is
expected to have a dramatic result on the
safety of certain workplaces where
asbestos is a problem.
"The new standards should reduce
asbestos-related cancer and asbestosis by
90 percent," Bieger observed.
Along with other private and public
sector safety reps from around the nation.
Bieger recently completed training in
asbestos removal at a national conference
sponsored by the EPA. He will be passing
the information along to fellow OSH reps
and to regional and local safety
committees.
Bieger pointed out that there are two
asbestos standards, one for general
industry and another for the construction
industry.
"Of course, our members are covered
by the state's Public Employee Safety and
Health (PESH) law that CSEA had
pushed, "he noted. "But the distinction
between the construction and general
industry standards might be helpful in
determining that an action level had been
reached at a worksite."
The new permissible exposure limit
(PEL) is 0.2 fibers per cubic centimeter
of air ( f / c c ) averaged over an eight-hour
day. The "action level" for airborne
BIEGER wearing
respirator.
asbestos is 0.1 f / c c . When this level is
reached or is expected to occur, an
employer must follow a series of
directives under the new standards. These
include:
• measuring air samples in the work
zone;
• training workers before job
assignment and annually thereafter
about the health effects of asbestos,
where and how exposure can occur,
engineering controls available to limit
exposure, and the purpose, proper use
and limits of respirators.
• monitoring employees' health,
including providing preplacement
physicals and annual medical
examinations thereafter. (Initial
examinations must determine whether
the employee can wear a respirator.
Employees who cannot must be
assigned to a different job without
loss of pay or benefits if such a job is
available.)
Some facts about asbestos
Asbestos was widely used from World
War II through the early 1970s to
fireproof ceilings and b e a m s and to
insulate pipes and boilers. It is still
used in brakes, clutch linings and pads
of automobiles. Asbestos f i l e r s are
released into the air as building
materials deteriorate, or whem
adequate precautions are not taken
20
T H E P U B L I C SECTOR
during building renovation or brake and
clutch repairs.
If breathed in, asbestos fibers lodge
in the lungs and can cause lung cancer,
cancer of the lung linings
(mesothelioma), asbestosis (irreversible scarring of the lungs), and cancer
of digestive and other organs.
If control methods cannot reduce
exposure below the PEL, the employer
must carry out other measures. Among
these are: creating restricted posted
areas; use of engineering practices such
as exhaust ventilation and wetting
asbestos-containing materials; supplying
protective clothing for the entire body
(and laundering if not disposable); and
setting up changing rooms, showers and a
separate lunchroom.
Employers also must provide
respirators if controls don't reduce
exposure levels below 0.2 f / c c . Disposable
masks are not acceptable, and employees
who are to wear respirators must be
tested to make certain they form a
protective seal against the face.
CSEA Director of Occupational Safety
and Health James Corcoran expressed
some satisfaction with the improvement
in the OSHA standard but also had a word
of warning.
"This is a move forward in protecting
workers against asbestos dangers, but it's
not where we need to be," he said. The
level is a lot lower but still high enough
where we're still going to have people
dying. The only safe asbestos exposure is
zero.
The "real rip-off," asserted Corcoran, is
that "asbestos kills you not when you're
working with it, but 20 years later.
"What people have to know is that you
can breath it without knowing it. You can
continue to work with it day in and day
out, but then when you retire and think
you can enjoy your life and family, you
find out you're dying from cancer."
September 22, 1986 ^