2007 - 2009 Contract Negotiations Log
Collective Bargaining Committee/Negotiation Team
Executive Board Members:
Chris Hickey, Executive Vice President (Team)
Diane Davis, Recording Secretary (Committee)
Attorney/Consultants:
William Sheehan, SGCGJ, LLP
Michael Axelrod, Esq.
Collective Bargaining Committee Collective Bargaining Team
Peter Shanagher, Sing Sing
Glen Masner, Mohawk
Steve McKeel, Wende
Nick Kogut, Watertown
Chris Hickey, Wyoming
Courtney Nixon, Sing Sing
Tom Sawyer, Cap. Police Comm.*
Art Jolley, Bare Hill
Paul Murray, Coxsackie
Karen Terry, SSO West
Wilson Chapman, Great Meadow
Dave Viddivo, Greene*
This team preserves the spirit of the NYSCOPBA Constitution and By Laws- Article IV - Reservations of Member's Rights - "the right to negotiating teams which fairly reflect the composition of the bargaining units which they represent".
*August 2007 joined team.
2007 - 2009 Contract Negotiations Log
September 5, 2006 - Executive Board supplements Collective Bargaining Committee with Collective Bargaining Team - this creates a team with two representatives from each correction region and two from the law enforcement group.
October 2006 - Independent mailed to members containing survey from Collective Bargaining Committee to gain membership input. To be returned COB November 13, 2006.
November 14 & 15, 2006 - Collective Bargaining Committee/Team meet to begin process of categorizing survey results
November 22, 2006 - President Flanagan contacts GOER requesting to resume negotiations on behalf of Law Enforcement Group (monetary) and Corrections (non-monetary) for 2003-2007 Contract.
President Flanagan also requests to begin negotiations for the purpose of reaching agreement on a successor to the 2003-2007 interest arbitration award. GOER denies this portion of the request until the 2003/2007 contract
completed.
November 27 & 28, 2006 - Collective Bargaining Committee/Team meets to review surveys. Advice from consultants is to formulate 25 proposals - Member input is: #1 -- more money, #2 - preserving health benefits,
#3 Retirement issues (legislative).
April 5, 2007 - Executive Assembly approves the hiring of Michael Axelrod, Esq. as a consultant for the 2007-2009 negotiations.
July 2007 - The 2003 - 2007 Contract ratified (monetary for Law Enforcement Group and non- monetary for all) clearing the way to begin negotiations for 2007.
July 27, 2007 - Collective Bargaining Committee/ Negotiation Team meets with GOER (Governors Office of Employee Relations) for the first step - signing of ground rules (posted on website).
September 20, 2007 - Collective Bargaining Committee/Negotiation Team meets with GOER to exchange conceptual proposals.
September 21, 2007 - Collective Bargaining Committee/Negotiation Team meets with GOER to clarify proposals.
October 11, 2007 - Collective Bargaining Committee/Team presented proposals regarding location compensation to GOER.
GOER presented to NYSOPBA a proposal for adding CAT, PET and MRA scans to the same pre - notification process that is currently practiced for MRI'S. An in-depth presentation was made by United Health Care doctor regarding costs and future trends.
October 31, 2007 - Final proposals from each side exchanged.
November 6, 2007 - Both NYSCOPBA and GOER
clarified proposals. GOER gave overview of health care proposals and CSEA tentative agreement
November 27, 2007 - Listed below are articles not in contention or the subject of proposals by either NYSCOPBA or GOER. These were signed off on today (11/27/07).
Preamble; Articles 2 Recognition; 3 Non Discrimination; 4 Check Off;
6 Management Rights; 17 Travel Allowance; 18 Payroll Computation; 19 Credit Union Deductions; 26 No Strike; 27 Preservation of Benefits; 28 Savings; 29 Printing of Agreement; 30 Approval of Legislature; 31 Conclusion of Collective Negotiations.
Article 5 Union Rights - 5.1; 5.2; 5.3;5.4; 5.5; 5.6; 5.7; 5.8.
NYSCOPBA proposes no changes as this article furthers both parties in good labor relations.
GOER proposes significant reductions due to cost.
Article 11.7 Locational Compensation
NYSCOPBA has proposed increases in both location and supplemental location for all members in Orange, Putnam and Dutchess Counties, New York City and Counties of Nassau, Suffolk, Westchester and Rockland. NYSCOPBA also proposing the addition of Ulster County.
GOER - Non Committal response at this time.
Article 11.8 Pre-Shift Briefings - NYSCOPBA is proposing to change method of payment for the current practice of 15 minute line up - proposal is to increase the basic work week to 41.25 hours - additional time shall be rolled into base at overtime rate of pay at each step of the salary schedule. Hours beyond 41.25 will receive overtime at the rate of time and one-half. No change is proposed in the present practice regarding assembling for pre-shift briefing. 8 hours of accruals (sick, vacation, personal) will be sufficient for one days absence at full pay.
(Example: This equates to an average of 65.18 hours a year overtime multiplied by your overtime rate - equals proposed increase to base.)
Increase the minimum daily payment.
GOER proposals - Only those who actually stand line up will be paid pre- shift briefing. Eliminate minimum daily payment. GOER will need to prepare comprehensive cost factors.
December 6, 2007 - Presentation by the administrator of the prescription drug component of health insurance. Centered on plan strategies for keeping costs down for plan and to enrollees.
Established NYSCOPBA members of sub committee for Article 12: Sharon Smith, Health Benefits Coordinator; Wilson Chapman, Great Meadow; Art Jolley, Bare Hill; Steve McKeel, Wende; Courtney Nixon, Sing Sing.
January 7 and 8, 2008 confirmed as future meeting dates.
December 19, 2007 - Lou Raffaele and Bob Megna of Division of Budget gave a lengthy overview of the State Financial Plan Briefing which included the economic forecast for New York State over the next several years (in some categories until 2010). Surprisingly, the forecast was not all doom and gloom, but predicted moderate growth over the period.
January 7, 2008 - We (NYSCOPBA) discussed and justified our Article 8 proposals. Included in this presentation were our arguments in support of renewing the now-expired expedited disciplinary proceeding. Among other things, we reviewed the history of the expedited arbitration pilot program and showed how early and prompt resolution of non-criminal suspension cases benefits both sides. The parties have agreed to continue the discussions on this issue, and an Article 8 subcommittee comprised of representatives from both sides is being formed for that purpose.
January 8, 2008- AM session we discussed, explained and justified our compensation proposals, supported by statistics and documents that included, for example, current data regarding the Consumer Price Index as a measure of cost-of-living increases.
In the afternoon, the State addressed the Workers Compensation Leave provisions of the agreement, arguing that not all injuries currently covered under Article 14.9 should be entitled to the six-month paid leave benefit. The State said it would supply documentation demonstrating what it believes are abuses of this benefit in certain cases.
No agreements on any of these issues were reached, and further discussions will occur in subsequent bargaining sessions. Our next meetings with the State are scheduled for February 5th, 6th and 15th.
February 5, 2008 - NYSCOPBA presented its arguments for the following proposals (orally and with documentation) to GOER. Agreement was not reached at this time. GOER will present its position on these issues at a future meeting. (Items in italics are for information purposes only.)
Bill of Rights - NYSCOPBA presented its justification for including probationary employee entitlement to representation for any interrogation and/or interview.
Article 7.2 - Contract Grievances - NYSCOPBA proposes the elimination of Step 3.
Article 10 - Review of Personal History Folder - NYSCOPBA proposes removal of NOD and accompanying documents after two years without additional disciplinary actions during period.
Article 13 - Education & Training - NYSCOPBA Proposes increases in 13.1, 13.5, 13.5 (b), 13.6 - with the elimination of the sunset of these issues.
NYSCOPBA presented arguments that show that these types of programs are beneficial to both employees and employers.
(NYSCOPBA is currently working under an MOU which extends these articles from 2007 to March 31, 2008.)
Article 14 (Attendance and Leave)
14.1(e) Accumulated Vacation Credits
Permit employees at retirement to elect to use some or all of their accumulated vacation credits (up to 30 days) to pay for health insurance in retirement, as is now permitted for accumulated sick leave credits pursuant to Article 14.4.
Unit employees with at least 80 hours of accrued vacation credits as of April 1 in each year may elect to convert some or all of the hours in excess thereof to cash to be applied towards the employee's share of the premium cost of health insurance under the Empire Plan or a participating HMO, as provided in Article 12.6.
14.2 Personal Leave
Permit an employee to convert unused personal leave days to either a per diem cash equivalent or vacation days at his/her option on his/her anniversary date.
14.4 Sick Leave Accumulation
Eliminate the caps of 225 days and 200 days, respectively.
Employees at retirement may elect, in lieu of using all sick leave credits for retirement service credit or to pay for health insurance in retirement, to convert any number of such accumulated sick leave credits to cash or to cash toward deferred compensation, in any combination.
Unit employees with at least 80 hours of accrued sick leave as of April 1 in each year may elect to convert some or all of the hours in excess thereof to cash to be applied towards the employee's share of the premium cost of health insurance under the Empire Plan or a participating HMO, as provided in Article 12.6.
14.9 Workers' Compensation Leave
Extend the length of compensatory leave with pay from six months to 12 months. (NYSCOPBA provided legal justifications)
Article 15 (Overtime, Recall and Scheduling)
15.1 Overtime
(f) An employee skipped or denied the opportunity to work overtime (more than once) shall be compensated as if he or she had worked the denied or skipped opportunity at the overtime rate.
15.4 Overtime Meal Allowance
Increase allowance from $5 to $15
Article 12 - Sub committee for Health Benefits met during the afternoon.
For NYSCOPBA, Ed Greene, Sheehan Greene, LLP, Sharon Smith, Health Benefits Coordinator; Wilson Chapman, Great Meadow; Art Jolley, Bare Hill; Steve McKeel, Wende; Courtney Nixon, Sing Sing.
For GOER Priscilla Feinburg, Gary Simpson, Linda Bettner, Stephanie Zoufaly, and Louise Symansky.
The sub committee will report back to the negotiation teams in the near future.
February 6, 2008
Article 16 (Holiday Pay)
16.1 Option
Provide employees who are required to work on a holiday with eight hours of vacation accruals on the books in addition to their premium pay. (Eliminates the either/or which currently exists)
16.5 Definition
Include a new holiday "Law Enforcement Recognition Day" during the month of May. - NEW
Article 22 (Safe Working Conditions)
Delete Article 22.5, thereby permitting grievances arising under Article 22 to be subject to arbitration pursuant to Article 7.1(a) with the exception of those grievances which challenge staffing and/or post closings.
Article 23 (Reimbursement for Property Damage)
Delete all references to "subdivision 12 of Section 8 of the State
Finance Law" and any explanation of its provisions for coverage and
provide for reimbursement of replacement value of property involved out of
other than local funds.
Article 24 (Seniority)
24.3
Add new sentence which provides each local the ability to establish daily job selection processes.
(NYSCOPBA provided GOER with informal survey of facilities illustrating that a majority of facilities already practice in some form.)
Delete the last sentence, which precludes grievances arising under this section from being processed to arbitration.
Article 25 (Labor/Management Committees)
25.4 -Labor/Management Committee Meetings
On the last sentence replace "paragraph 7.1(b)" with "paragraph 7.1(a). (Allows arbitration)
25.6 - Quality of Work Life Funds
Increase the current amount effective April 1, 2008.
25.7(a) Survivors's Benefit
Increase current amount effective April 1, 2008. ($50,000 to $100,000)
25.9 - Employee Benefit Fund
Add language specifying that the benefit fund does not "sunset" with the expiration of the agreement.
Increase the amount of the annual benefit, from $30 to $100 effective April 1, 2008. (This article enables union to fund such items as the $15,000 death benefit.)
Replace "March 1" with "July 1" in second paragraph. (Payable at same time - picks up seasonal employees)
25.10 -Family Benefits
Increase the current funding, effective April 1, 2008. (Dependent Care Advantage Account (DCAA)
Appendix "B" (Training Notices)
Change "15 days" to "30 days" and delete "whenever practical" in first sentence. Add new sentence which states that agency level training programs will be announced at line - up.
Appendix "C" (Counseling)
Amend the first sentence by providing that the items in this Appendix are reviewable pursuant to Article 7.1(a) of the agreement, and thus subject to arbitration.
Side Letter (Outside Police Agreement)
As amended, insert the provisions of this letter under the "Bill of Rights" and delete the side letter.
Leave Donation Program
The current program will be modified to allow qualified members to donate accumulated sick leave credits as well as vacation credits.
Pre-Tax Transportation Benefit (NEW)
The State and NYSCOPBA will jointly study the feasibility of implementing a pilot pre-tax salary reduction program for transportation and related expenses (such as mileage, parking, tolls and transit fees) that would meet the requirement of Section 132 of the Internal Revenue Code.
Hazardous Duty Pay (NEW)
The State and NYSCOPBA will conduct a joint study to determine whether, and to what extent, any positions and titles in the bargaining unit are appropriate for Hazardous Duty Pay differentials under Section 130.9 of the Civil Service Law, and the parties shall authorize appropriate differentials for any position so identified, subject to any necessary approval of the Department of Civil Service and/or the Division of the Budget. (This pertains primarily to certain Law Enforcement titles.)
Compensation Time (NEW)
Employees with normal workweeks of less than 40 hours, who receive compensation time for hours worked beyond the normal workweek not in excess of 40, may elect, at the end of each fiscal year, to convert any unused compensation time to cash at per diem rates of pay, or to apply the value of the compensation time towards the employees' share of the premium cost of health insurance under the Empire Plan or a participating HOM, as provided by Article 12.6. (This pertains primarily to certain Law Enforcement titles.)
February 15, 2008
Health Benefits Sub committee met for second time. GOER has withdrawn several initial proposals.
NYSCOPBA New subparagraph 13.7 – Physical Fitness Promotion Program – Employees will be reimbursed annually (up to $500) for receipted membership in a gym, athletic program or club. Participation in a program shall be completely voluntary.
NYSCOPBA Wellness Incentive Pilot Program – New – The parties will jointly develop a pilot program that will offer monetary and other incentives for voluntary lifestyle behaviors that tend to promote and increase physical and mental health (such as non-smoking, exercise, weight control etc.).
NYSCOPBA presented supporting documents substantiating such programs are beneficial to both employers and employees.
March 4, 2008
At the recommendation of the Negotiating Committee/Team, the Executive Board unanimously retained Mr.. Kevin Decker, Decker Economics and Dr. Amy McCarthy, McCarthy, McCarthy Consulting. Dr. McCarthy will conduct a compensation analysis of the states contiguous to New York. Mr. Decker will provide an ability to pay analysis and will evaluate and verify the State's cost estimates. (Motion requires support of Executive Assembly and will be on April 8 & 9, 2008 agenda. Estimated cost per consultant $17,500 to $22,500 range.)
March 6,2008
GOER gave a presentation on the approximate cost and percentage of payroll for some, but not all NYSCOPBA proposals.
(Example: Article 11.8 - Pre shift briefing -$29.4 Million is 2.57% of payroll.) Mr. Decker joined us for this meeting and will be involved in a sub-committee to review all data provided.
March 7, 2008
GOER presented their Worker's Compensation proposal -included was the Comptroller's Study and Recommendations to curb non inmate related injury claims. There was no agreement on this issue.
March 26, 2008
At the negotiation session held on 3/26/08, your Negotiation Team unanimously agreed to file a Declaration of Impasse with PERB, the necessary documents will be filed within the next few days.
In the very near future, we will be sending a membership mailing which will contain more details.
April 2, 2008
Impasse letter sent to membership
April 11, 2008
Declaration of Impasse
July 15, 2008 - Executive Board meeting - Chris Hickey, Executive Vice President officially assumes the Negotiating Team Executive Board position held by outgoing President Larry Flanagan.
July 15, 2008- GOER files deficient IP challenging three NYSCOPBA Arbitration Petition proposals.
July 18, 2008 - GOER files response to NYSCOPBA Petition to Arbitration listing its proposals and designating John V. Currier, Deputy Director of GOER as the State panel member.
July 21, 2008 - NYSCOPBA requests list from PERB for the purpose of selecting a public panel member. Advises PERB that Michael Axelrod will be NYSCOPBA panel member.
July 23, 2008 – NYSCOPBA challenges two proposals in GOER’s July 18, 2008 response.
Note: Challenges do not stop the process from moving forward.
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