5-1-09 pef weekly mailing[1]

8/6/2019 5-1-09 PEF Weekly Mailing[1]

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" ' - 1I I t FMemo:TO: Field DirectorsDATE: April 28, 2009RE: Layoff Process

As the governor continues to press for layoffs from the state workforce the agency plans for reduction inforce (RIF)will be made public, as these plans are announced and the targets become clearer, I wouldlike Field Staff to provide as much assistance as possible to members to ensure that layoff procedures, ifnecessary, are properly implemented. Additionally, in the event that layoffs are implemented it isextremely important that the impact of the reductions in force (bumping, reassignment, layoff, etc.) bereported back to my office.During this stressful time for our members it is extremely important that we have a handle on exactlyhow agency reductions are affecting the members we represent, that we can verify that the agency isacting accordance with civil service law, regulations, and procedure, and intervene if agencies are not incompliance.In order to ensure that our members receive all the rights they are entitled to under Civil Service lawand regulations, I am directing that you assign field staff to be available to attend meetings where layoffsare being instituted, as well as have staff provide information regarding the impact of the (RIF) as soonas possible following the announcement.Thankyou.

~:L:tL~~~.42~-Kenneth Brynien,President

cc: Regional CoordinatorsExecutive Board


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FOR RELEASE: Thursday, April 30, 2009

Hundreds of state workers tell governor: "Cut the waste, not the workers"Manhattan - "Cut the Waste, Not the Workers." is what hundreds of union members from the New York StatePublic Employees Federation (PEF) shouted during a rally outside Gov. Paterson's Manhattan office today.PEF members and leaders were joined by other union's including the Civil Service Employees Association(CSEA) to protest the governor's plan to layoff 8,700 state employees."The governor's plan wi II devastate the state's economy and severely reduce state services, particularly to our1110S\ vulnerable citizens," said PEF President Ken Brynien. "We recognize these are difficult times which iswhy we are here today to once again deliver to the governor alternatives to the layoffs that would result inmore savings than the governor is hoping to achieve through his plan."PEF Vice President Pat Baker and Manhattan union leader, Vernetta Chesirnard, walked across the street fromthe rally to the governor's office delivering PEF's revenue raising and cost-cutting proposals."Reducing the state's reliance on costly consultants, cutting overtime costs by hiring employees and expandingthe voluntary reduction in work schedule program will save the state $775 million over two years," Baker said."That's almost twice what the governor hopes to save by adding thousands of state workers to theunemployment rolls.""'We are appalled the governor continues to disregard President Obarnas directive to stimulate the economy.Instead, he is planning to add to the economic downturn by putting thousands of state employees out on thestreet," Chesimard added."The governor continues to playa damaging game of politics with the state work force and their families,"said PEF Vice President Joe Fox who also attended the rally. "This has never been about achieving realsavings. If it were, the governor would not be ignoring our suggestions. The governor merely wants a poundof tlesh from state workers," Fox said."Lntil the governor has implemented our proposals, it is unconscionable for him to continue to call forconcessions from, or layoffs of the state work force," Brynien said.

-30-PO Box 12414 A lbany, NY 122 12-2414

A ffi lia ted W ith Amer ican Federat ion O f Teachers, AFL-C IO and Servi ce Emplo yees Internationa l Un ion


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CUT THE WASTE - NOT THE WORKERS

1. Reduce the state's reliance on costly consultants who are being overpaid to do the jobs state workers can do at amuch lower cost by implementing a plan to reduce consultant spending.

Two Year Savings: $315 million2. Reduce overtime costs by hiring employees, this would not only create more jobs by hiring state employees, but

reduce overtime costs.

Two Year Savings: $320 million3. Expand the Voluntary Reduction in Work Schedule (VRWS) program to allow more employees the ability to adjust

their work week and pay.Two Year Savings: $140 million

Savings without destructive cuts to stateservices or state layoffs. Total Two Year Savings: $775 million


4/13

New York StatePUBLIC EMPLOYEESFEDERATION AFL-CIO1168-70 Troy-Schenectady RoadP.O. Box 12414Albany, NY 12212-2414

(518) 785-1900(800) 342-4306

Fax (518) 785-1814

OFFICERS:

Kenneth BrynienPresident

Mea Gabe IgoeSecretary- TreasurerPal ricia BakerJoe FoxLouis MatrazzoVice PresidentsREGIONAL COOROINATORS:Kevin HintzRegion 1Daniel ConnorsRegion 2Frank BesserRegion 3

Donald KehoskieRegion 4Mary TwitchellRegion 5Robert VaranoRegion 6William CrottyRegion 7

Thomas ComanzoRegion 8Neila CardusRegion 9Vemet1a ChesimardRegion 10Jemma Marie-HansonRegion 11Doris DodsonRegion 12

TRUSTEES:

Julio MunozRobert ReynoldsOlubrvi Sehindemi

"C>

April 30, 2009

Governor David A. PatersonExecutive ChamberState CapitolAlbany, New York 12224Dear Governor Paterson:I am writing again to ask that you consider other options aside from cuts in pay andbenefits, or layoffs, to address your need for an additional $481 million in cost cuts from thestate workforce. I am disappointed that you continue to claim that these are your onlychoices: There are other options available to you that provide greater cost savings withoutdamaging cuts and concessions, options that will place the state on a more sound fiscalfooting by making state government more efficient and cost-effective.

1. Reduce the state's reliance on costly consultants who are being overpaid to do thejobs state workers can do at a much lower cost. Currently the state spends almost $3billion annually for consultant services. The state could save $315 million over thenext two years by implementing a readily achievable plan to reduce the state's useof consultants.2. Reduce overtime costs. The state spent $485.7 million on overtime costs in fiscalyear 2007-08. Hiring employees, instead of paying overtime, would not onlygenerate $320 million in potential savings over the next two years, but provide theadded benefit of creating additional jobs.3. Expand the Voluntary Reduction in Work Schedule (VRWS) program to allow moreemployees the ability to adjust their work week and pay. Currently, many agencieslimit the ability of employees to voluntarily reduce their work schedules. Expandingthe program would save $140 million over the next two years.

I believe as you do that we must make every effort to avoid layoffs and other serious cuts inState services. The impact of laying off 8,700 employees will have a devastating effect onthe State's economy. The ripple effect due to job loss and salary cuts could put as many as70,000 private sector jobs at risk, negating the impact of President Obama's economicstimulus package in New York.

Affiliated with the American Federation of Teachers. AFLCIO and Service Employees International Union


5/13

Re-opening any contract, even in the face of a fiscal crisis, establishes a precedent that invites thepotential abuse of the collective bargaining process; particularly due to the fact that the stateroutinely faces budget deficits. For the typical PEF member, your proposals to eliminate pay raisesand lag pay would take away about $2,800 of income in 2009 alone.PEF recognizes these are difficult times. We recognize that people are facing hard times and jobsare being lost all across this great state. We do not take our decision lightly. We would rather workwith you to find better ways to save the State $481 million than engage in a public dispute that isnot productive for anyone.

Sincerely,~ \

Kenneth Bry~President

Attachment


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New York StatePUBLIC EMPLOYEESFEDERATION AFl-CIO1168-70 Troy-Schenectady RoadP.O. Box 12414Albany, NY 12212-2414

(518) 785-1900(800) 342-4306

Fax (518) 785-1814

OFFICERS:

Kenn@th Bry~eoP,~sldenrArtea Gabe IgooSr~f~ryTreJsurerPamc.a BakerJoe Foxl.OUIS MalrazzoVJ~ Pre,ldents

RcalONAL COORDINATORS:K9V1n HintzRegion 1

Daniel ConnorsRegion 2Frank BesserReg ion 3Donald KehoskleRegion 4Mary TwllchellRegion 5RODe" VaranoRegion 6Wilham CronyRegion 7Thomas CoreanroRegion 8Neira CarduSReg;on 9venena ChesnnardRegion 10Jemma Mane-HansonRegion 11Dons DodsonRegion 12

Julio MUJlOZRObe" Aeyno+rt5Otubl'f' Sehindeml

. . c E ". . . .~ . .

April 22, 2009Blaine Ryan-LynchDirectorDivision of Staffing ServicesNYS Department of Civil ServiceAlfred E. Smith State Office Building80 South Swan StreetAlbany, New York 12239Dear Ms. Ryan-Lynch:I am writing on behalf of the Public Employees Federation in regard to the layoffprocess within the Department of Correctional Services (DOCS). We are veryconcerned that DOCS management has made some decisions that appear toviolate the Section 78 of the Civil Service Law, Reduction in Force Guidelinespublished by the Department of Civil Service, Sections 2300 and 2350 of theState Personnel Management Manual (SPMM), and SPMM Policy Bulletin 04-01.Late last week we were informed by DOCS' Director of Human Resources thatthey were going to administer horizontal reassignments of employees targetedfor layoff by facility first and layoff unit second. As you are aware that this wouldviolate the Department of Civil Service's Guidelines for the Administration ofReductions in Force regarding reductions in force in layoff units within multiplegeographic locations (P 23) which state:

Generally all agencies (except see below) must apply the basicconcepts of retention rights and seniority to all employees in theaffected title in the county first, then to a/l employees in the titlewithin the layoff unit to determine which employees will retain theircurrent positions, which must be offered horizontal reassignment to aposition elsewhere in the layoff unit and which will be suspended (andoffered displacement, if available) .NOTE: This "county first, layoff unit second" principle applies only tothe horizontal reassignment process. By law and rule displacementmust occur to the position held by the least senior in the entire layoffunit (emphasis added).

We forwarded this section of the Guidelines for the Administration of ReductionsIn Force to DOCS' Director of Human Resources and ask that DOCS complywith these guidelines when administering the horizontal reassignment process.

Atfiliated with the American Federalion 01Teachers. AFLCIO and Service Employees International Union


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Blaine Ryan-LynchApril 22, 2008We were told that these guidelines do not apply to statewide layoff units such asDOCS. We believe this is clearly inaccurate as most State agencies arestatewide layoff units and no such exception appears in the Guidelines for theAdministration of Reductions in Force.In addition, DOCS claims that the Guidelines for the Administration of ReductionsIn Force are just guidelines and not Department of Civil Service policy. Werespectfully disagree. The State Personnel Management Manual (SPMM)contains the Department of Civil Service policies in relation to their enforcementof Civil Service Law, Rules and Regulations. Section 2300 of the SPMMcontains the department's policies on "Reductions in Force" and states "See the"Guidelines for Administration of Reductions in Force". Section 2350 of theSPMM contains the department's policies on "Layoffs in the Competitive Classand states:

"2350 LAYOFFS IN THE COMPETITIVE CLASS[This material was issued in 1987.While still relevant, you are referredto the "Guidelines for the Administration of Reductions in Force" foraccurate and more complete information.]

It is our position that by referencing the Guidelines for the Administration ofReductions in Force in the SPMM policy on Reductions in Force those guidelinesare official Department of Civil Service policy. Therefore DOCS must follow thepolicies set forth in the Guidelines for the Administration of Reductions in Force.We ask that you direct DOCS to follow the Department of Civil Service's policiesregarding reductions in force in layoff units within multiple geographic locationsand administer horizontal reassignments for DOCS employees in the county first,and then within the layoff unit.In addition, in our discussions with DOCS' Commissioner and Director of HumanResources we were told that DOCS does not intend to allow its permanent andcontingent permanent competitive class employees serving in titles which may beaffected by a reduction in force and who are serving in the county where thereduction in force will occur to fill out blue cards and participate in the "AgencyReduction Transfer List" process set out in Section 78 of the Civil Service Lawand SPMM Policy Bulletin 04-01. DOCS' position is that they do not have toparticipate in the "Agency Reduction Transfer List" process because all Stateagencies are engaged in layoffs and that no position vacancies are likely to exist.Section 78 of the Civil Service Law and SPMM Policy Bulletin 04-01 sets out aprocess that all State agencies must follow to allow transfer of personnel uponthe abolition of their positions in State civil service. Neither the law nor policyallow State agencies to refuse to participate in this process during any reductionin force. CSL Section 78 gives employees impacted by a reduction in forcespecial transfer rights to the same or comparable positions in all State agenciesand in most circumstances requires all State agencies to hire employees onAgency Reduction Transfer Lists established pursuant to Section 78 of the Civil

2


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Blaine Ryan-LynchApril 22, 2008Service law when there is a vacancy in those titles. Even though there is a hiringfreeze we are aware that some State agencies are still filling positions. Thefailure of DOCS to allow its employees to fill out blue cards and participate in the"Agency Reduction Transfer List" process deprives them of their right to beconsidered for appointment to vacant positions that State agencies may be filling.This is a blatant violation of Section 78 of the Civil Service Law and SPMM PolicyBulletin 04-01.We ask that you direct DOCS to follow Section 78 of the Civil Service Law andSPMM Policy Bulletin 04-01 and work with the Career Mobility Office to distributeblue cards to their permanent and contingent permanent competitive classemployees serving in titles which may be affected by a reduction in force andwho are serving in the county where the reduction in force will occur.It is important that the Department take action immediately as DOCS employeeswill be adversely affected by DOCS' failure to comply with the Reduction In ForceGuidelines, Sections 2300 and 2350 of the SPMM, SPMM Policy Bulletin 04-01,and Section 78 of the Civil Service Law. Failure to act quickly will deprive DOCSemployees of their rights under these laws and policies. Thank you for yourprompt attention to our concerns.

Sincerely,~~~6Thomas E. CetrinoDirector of Civil Service Enforcement

Cc. Commissioner Brian FischerDaniel F MartuscelloThomas Donahue

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9/13

memoTO: Executive Board Members, Council Leaders, and Health and Safety ChairsDATE: May 1,2009RE: Swine Influenza A (HINl)The recent headlines about the spread of the HIN1 influenza (swine flu) have increased publicawareness and concern among PEF members. I have attached to this memo a fact sheet developed bythe PEF Health and Safety Department to help you gain a basic understanding of Swine Influenza A. Thisfact sheet is also available on the PEF web site at www.pef.or~. by clicking on Health and Safety.The CDChas determined that this swine influenza A (HINI) virus is contagious and is spreading fromhuman to human. However, as of April 2009, it is not known how easily the virus spreads betweenpeople. Swine influenza A (HINI) is thought to spread from person to person through coughing orsneezing of people with the virus. Persons may also become infected by touching something, such as adesk or door knob, contaminated with flu viruses and then touching their eyes, nose, or mouth.You should take the following precautions to protect yourself from the flu viruses and other germs:

Cover your nose and mouth with tissue when you cough or sneeze. Dispose of the tissueafter you use it. If t issue is not available, cough or sneeze into your upper sleeve and notyour hands.

Wash your hands often with soap and water, especially after you cough or sneeze.Alcohol-based hand sanitizers may also be used. Try to avoid close contact with sick people. If you get sick with influenza, the CDC recommends that you stay home from work or

school and limit contact with others.If you have any questions, please contact the PEF Health and Safety Department by calling or emailingthe PEF Health & Safety Department: 800-342-5406, ext. 254 or [email protected]

~ \, Kenneth Bry~

Presidentcc: Secretary Treasurer Arlea IgoeRegional CoordinatorsJonathan Rosen - Director of PEF Health and SafetyRoger Scales - Director of Labor Relations


10/13

What I. swine Influenza A (H~Nl)?Swine flu is a respiratory disease of pigs caused by type A influenza viruses. Swine fluoutbreaks among pigs are common. Like all influenza viruses, swine flu viruses changeconstantly. Pigs can also be infected by avian intluenza and human influenza viruses. Theseviruses can swap genes and create new viruses that are a mix of swine, avian, and humaninfluenza viruses. As a result. there are many different variations of swine flu viruses. There arefour main influenza A subtypes that have been isolated from pigs: HI N 1. HI N2, H3N2. andH3N l. The subtype identified in the 2009 swine flu outbreak is HI N 1.Canhm ca tCh .wl". ,",,' ..

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People usually do not get swine flu, but infections can and do occur among humans. Infectionsnormally occur in persons with direct exposure to pigs. In the past, person to person swine flutransmissions was limited and not sustained beyond three people. From December 2005 throughFebruary 2009. the CDC received reports of 12 cases of human infection with swine t1u in theUnited States.Isthis .wln. flu vlru.cOntaglous?

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The CDC has determined that this swine influenza A (H IN 1) virus is contagious and isspreading from human to human. However. as of April 2009, it is not known how easily thevirus spreads between people.Howd.ng.ro_].th.wI~..n~

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