PEF DIVISION 399


 

 

Executive Board Meeting

March 6 & 7, 2003

Quality Inn, Albany , New York

 President Benson called the meeting to order at 9:00 am on Thursday, March 6, 2003 and members joined in the Pledge of Allegiance.  

APPROVAL OF THE AGENDA

President Benson announced that a member item titled “Uniformity of Logo and Colors” would be added to the agenda under item 7(f) and item 7(a) would be moved to item 5(3).

 There was no opposition to the changes and the agenda was adopted as follows:  

  1. Call Meeting to Order
  2. Pledge Allegiance to the Flag
  3. Adoption of the Agenda
  4. Adoption of the Minutes
  5. Secretary-Treasurer’s Report

1.      Budget

2.      Resolution # 18 – Change Delegate Election Rule

To be addressed during Delegate Election Rules

3.      Division Constitution Discussion – Beagle

6.    President’s Report

        a)  Priorities Update

        b)  Contract Negotiations

        c)  Article 12.17 and Transit Chek Update – Members and Staff

      *d)  Election Rules 2003 Interpretation

      *e)  Quality Service Award – 1:00 pm Friday

             Recipient:  Ted Ricciardelli – Region 1

       Committee Reports

       d)  Convention

                   1.  Agenda

                   2.  Travel/Passports

                   3.  2005-2006 Sites

       e)  Delegate Apportionment

       f)   Delegate Election Rules   

       g)  Division Committee Appeal:  Division 275

7.    Member Items

       a)  Executive Board Member Mail Communication Opt-out – Sachs

b)  Travel Funding for Executive Board Members – Sachs

c)  Increase Penalty for Assaults Against State Employees – Goldstein

d)  Division Funding – underreported members – Goldstein

e)  PEF Retirees Membership Fee Reduction – Goldstein

f)   Uniformity of Logo and Colors

 ADOPTION OF THE MINUTES

A motion was made to approve the minutes from the November 2002 Executive Board Meeting.  It was seconded and the minutes were adopted as printed.

 SECRETARY-TREASURER’S REPORT

Budget

Secretary-Treasurer Hallum thanked the members of the Budget Advisory Committee, Bill Parolari, Alan Schulkin, Julia Leffingwell and Nithia Chatterjie for their work on the budget.  The Secretary-Treasurer then introduced Mr. Chatterjie to give the Committee report.

 Mr. Chatterjie stated that the process was difficult because budget expenditure decisions had to be made prior to the release of the State Budget and the Early Retirement Incentives.  He also noted that the Convention budget was increased, due to the rising cost of airline tickets.

 Secretary-Treasurer Hallum gave additional information about Early Retirement Incentives and stated that PEF will probably see a decrease in membership of around 3,000 members.  She also discussed the funding of several current and two proposed staff positions within the budget.

 The Secretary-Treasurer moved to adopt the budget, the motion was seconded and debate followed.

 Ronald Goldstein moved that PEF pay for the cost of membership in the PEF Retirees organization for one year for any retiree who signs a pension deduction form.  He also included that the Secretary-Treasurer shall determine where to find the funds.  The motion was seconded and debate ensued.

 President Benson moved to postpone Mr. Goldstein’s motion until the June Executive Board meeting.  The motion was seconded, debate ensued and the item was postponed.

 Secretary-Treasurer Hallum responded to several more questions regarding the proposed budget.  

Alan Schulkin moved to close all matters before the house.  The motion was seconded and carried.

 A vote was then taken to approve the proposed budget.  The motion received a second and passed.

 Resolution # 18 – Change Delegate Election Rules

Secretary-Treasurer Hallum reported that this item had been referred to the Delegate Elections Committee and would be addressed during the Delegate Election Rules report.

 Division Constitution Discussion - Beagle

Dennis Beagle requested information about how he should proceed to have the Executive Board approve the proposed changes to his Division’s Constitution.  Secretary-Treasurer Hallum recommended that Mr. Beagle bring any proposed changes to the Executive Board prior to sending them out to his membership for approval. 

 Mr. Beagle then moved that the Executive Board approve the proposed “Amendment to the Constitution of PEF Division 221.”  The Secretary-Treasurer suggested postponing the vote until after lunch to allow Bill Seamon, PEF General Counsel, time to review the proposed wording and Mr. Beagle agreed.

 PRESIDENT’S REPORT 

President Benson reviewed the order of items to be discussed under his report.  He noted that the Quality Service Award will be postponed until the June Board meeting because Ted Ricciardelli could not attend this meeting.

 Priorities Update/PEF Challenges

The President stated that the Governor’s budget has proposed potential closures in OMH, OMRDD at the Institute for Basic Research, the Nathan Kline Institute and the Psychiatric Institute, as well as the sale of SUNY hospitals.  He noted that PEF’s response has been threefold: public relations, grassroots mobilization, and politics.  In addition, PEF Field Representatives have been assigned to work with Regional Coordinators and Council Leaders in their fight-back activities.  He added that a Budget Work Group has been established, including Vice President Baker and several senior staff.  The committee meets on a weekly basis to assess progress, review literature, find funding, and make proposals to keep the fight-back activities moving forward.  He noted that television and newspaper ads have run statewide and will continue to do so.  In addition, Lobby Day is scheduled for March 10th and postcard campaigns are forthcoming for all affected sites.  He applauded the statewide leadership for their efforts in membership education and coalition building by holding meetings, leafleting, lobbying, and phone banking.

 The President also discussed the recent editorials against the Retirement Reform and noted that PEF has responded and will continue to respond to the negative opinions which claim the programs are too expensive. 

 President Benson then noted that PEF has recently achieved six major MOU’s or arbitration awards, in addition to obtaining Sick Leave Parity for our members.

 The President announced several Board members who will be retiring:  Cliff West, Tom Van Bramer , Michael Harrigan, Barbara Sacco, Robert Harms, Dennis Beagle, Jonathan Gittens, George Hooper, John Clark and Marion Michel.  He also presented an award of recognition to Irma Davis, who is also retiring and has been the Executive Board stenographer for twenty years.

 President Benson responded to several questions from the board on his report.

Meeting recessed at 12:05 pm .

Meeting reconvened at 1:15 pm .

 President Benson called the meeting to order. 

 Charles McAteer announced he would also be leaving his Executive Board seat to accept a position with UUP.

 The President introduced an advertisement currently running in major markets around New York State produced by the AFL-CIO regarding corporate loopholes.

 President Benson asked Vice President Baker to update the Board on the Fight-Back Campaign.

 Vice President Baker outlined the Fight-Back Campaign budget and made a motion requesting that the Executive Board approve additional funding for the campaign in the amount of $599,500.00.  The motion was seconded.  After considerable debate, Michael DelPiano called the question and debate was closed.  A vote was taken on the main motion and it passed.  

President Benson requested that the Executive Board consider the constitutional amendment for Division 221 that was postponed from the morning session.  The President presented the following amendment to PEF Division 221 Western New York Labor Department’s constitution:  “The officers of the Division shall be Council Leader, Assistant Council Leader, Secretary and Treasurer.  The Council Leader and Assistant Council Leader shall be elected by and from the Council members.  The Secretary and Treasurer shall be elected by the Council members from the membership of the Division but shall serve without vote unless having been elected as Steward.”  The amendment was moved by Dennis Beagle, seconded and carried.  After debate, Michael DelPiano called the question, received a second and debate was closed.  The amendment to the Division 221 Constitution was adopted.

 Contract Negotiations 

President Benson introduced Roger Scales, Lead Negotiator and Vice President Kenneth Brynien, Contract Chair to present their report.

 Vice President Brynien reported that negotiations started at the end of January.  He noted that they discussed ground rules for conduct during negotiations, established a schedule of meetings and exchanged conceptual proposals. 

 Mr. Scales reported that a contract web page has been created and will be updated weekly.  He added that PEF would not agree to limitations on their right to communicate with the membership and they will continue to provide in-depth updates.

 Vice President Brynien and Mr. Scales answered several questions from Board members regarding their report.

 Article 12.17 and Transit Chek Update

President Benson stated that they are continuing in negotiations with GOER regarding an arbitration settlement.  He asked Robert Carrothers, Director of Contract Administration to give an update on Transit Chek for the membership and Cliff Merchant, Director of Mobilization and Education to report on Transit Chek for staff.

 Mr. Carrothers explained that an agreement was negotiated in January for a pretax transportation benefit that will be piloted in three New York City agencies (DOL, OSC, and the State Insurance Fund).  The program will no longer be referred to as “Transit Chek,” and will allow members to purchase monthly passes through payroll deduction.  He noted that the program has been designed to bypass agency personnel offices and all contact will be made directly through the provider company.  Mr. Carrothers also added that all transit passes may be purchased through payroll deduction, and although anything in excess of $100.00 will be deducted in post tax dollars, members will get the full benefit of pretax dollars.

 Mr. Carrothers responded to several questions on the benefit.  Cliff West moved the agenda and received a second.   

Mr. Merchant reported that PEF and USWA have entered into Labor/Management discussions regarding Transit Chek.  They are in the process of finalizing part of the agreement and hope to come to an agreement at their next meeting.

 Election Rules 2003 Interpretation

President Benson explained that a member of the Election Committee is retiring at the end of the month, but would like to remain active on the committee.  However, the rules defining committee membership state that you must be a “member.”  The President asked Bill Seamon, General Counsel to describe the classifications for PEF members.

 Mr. Seamon explained the various categories of membership: regular, active, and retired.  He stated that Executive Board must make a determination as to whether the term “PEF member” includes retired members.

 President Benson moved that in consultation with the Executive Council, the Board interpret the phrase, “member on the Election Committee” to mean having been a regular member at the time they were appointed and remaining as a member, either regular or retired, through the election period.  The motion was seconded.  After considerable debate, Lou Matrazzo called the question and debate was closed.  A vote was taken on the main motion and it carried.  The President referred the issue of various categories of membership to the By-Laws Committee.

 Secretary-Treasurer Hallum stated that she believes an oversight was made in the Triennial Election Rules as printed.  She noted that the intent of the committee was to include, “…received at PEF Headquarters or Regional offices.”  The Secretary-Treasurer then moved that the Executive Board interpret the Triennial Election rules to include this information for the record.  The motion received a second and carried.

 COMMITTEE REPORTS

Convention Report

Vice President Fox reported that due to the limited number of Convention sites available, the Board needed to vote on sites for the 2005 and 2006 Conventions at this meeting.  He stated that the Convention Committee has recommended Rochester as the site for the 2005 Convention and moved the Executive Board vote to approve their recommendation.  The motion was seconded and carried.

 Vice President Fox then moved that the 2006 Convention be held in Niagara Falls .  The motion received a second and debate ensued.  Tom Donahue called the question, it was seconded and debate was closed.  A vote was taken on the main motion and it was defeated.

 Bernice Jones moved that the 2006 Convention be held in Lake Placid .  The motion received a second and it carried.

 Vice President Fox reported that the cost and availability of travel to Montreal for the upcoming Convention is becoming a problem.  He stated that the price of airline tickets are increasing daily and the Amtrak schedule is not conducive to travel from Western New York .  Regarding passports, he added that although they are not required to enter Canada at this time, all delegates are strongly encouraged to obtain one if they are planning to attend.

 Vice President Fox reviewed the changes to the travel voucher and responded to questions from the Board.

 Bob Harms moved to amend the travel voucher to delete the mileage chart and add that reimbursement for Convention travel be based on actual mileage driven at a third of the federal rate, with each passenger being paid a third of the federal mileage rate, up to the full mileage rate.   The motion was seconded and debate followed.  Alan Schulkin moved to close all debate including the amendment and the motion.  The motion was seconded and debate was closed.  A vote was taken on the amendment and it passed.  Ronald Goldstein called for a Division of the House.  A count was taken and the amendment passed 51-28.  A vote was taken on the main motion as amended and it carried.

 Joyce Degenhardt moved that the agenda should be amended to end the session on Wednesday, September 17 at 11:00 am .  The motion was seconded.  Dennis Beagle then moved to amend the amendment, ending the session on Wednesday at 10:30 am .  The motion received a second and debate followed.  Al Visconti moved to close debate on the motion to end at 10:30 am .  A second was received and the amendment to the amendment failed.  A vote was then taken on the original amendment to end at 11:00 and it failed.  Vice President Fox moved to a vote on the main motion to approve the Convention agenda and it passed.

 Delegate Apportionment

Secretary-Treasurer Hallum gave some background information on delegate apportionment.  She stated that the file will be frozen on March 7 and the actual number of delegate seats will be determined at that time.  The Secretary-Treasurer introduced Mary Mahoney to give the Committee report.

 Mary Mahoney reported that the Committee received one request for revision in writing.  Executive Board member Barbara Posner, Workers’ Compensation requested that 239 and 374 be combined into a single constituency.  Ms. Mahoney moved that the Board support this request.  The motion was seconded and debated.  A vote was taken and the motion carried.

 Ronald Goldstein pointed out editorial changes in Seat 251 and requested that the document be amended to reflect those changes.  There were no objections from the Board and Ms. Mahoney stated the document would be amended.

 Bill Sachs stated in Seat 222, State Education Department, there should be four seats instead of three.  Ms. Mahoney responded that the change would be made if the list showed an additional seat should be added.

 Ms. Mahoney moved that Seat 367 and 368 in OASAS be combined and a second was received.  After some debate, a vote was taken and the motion passed.

 Ms. Mahoney then moved that the Election Rules be adopted.  The motion received a second and carried.

 The meeting recessed at 4:46 pm .

 The meeting reconvened at 9:00 am on March 7, 2003 .

 President Benson called the meeting to order and members joined in the Pledge of Allegiance.

 Division 275 Appeal

The President reviewed the agenda and introduced David Stallone to outline the Division 275 appeal.  Mr. Stallone reported that a Council meeting was held at which only three of the five members were invited and officers were elected.  He noted that based on the information received from the PEF Legal Department and their review of the provisions, the Committee denied the grievance.

 President Benson asked the Board to vote on whether or not they would hear the appeal and if they would allow oral arguments.  The Board voted to hear the appeal.

Ronald Goldstein moved that oral arguments for the appeal be limited to ten minutes each.  The motion was seconded and carried.

 David Stallone, Chair of the Division Committee gave the committee’s rationale for their decision not to conduct another election for the PEF Division 275 Steward Council.  Lou Matrazzo spoke on behalf of the appellant, Priscilla Sweet.

 President Benson moved that the Board vote to uphold or overturn the Division Committee’s recommendation.  The motion was seconded and debate ensued. 

 Beverley Tomani moved to close debate on the issue, it was seconded and debate was closed.

 The Board then voted to overturn the Committee’s decision.

 President Benson moved that the remedy for overturning the decision be that, “The election be held null and void and that two weeks notification be made to all duly elected members of the Stewards Council for any future election.”  The motion received a second and passed.

 MEMBER ITEMS

Executive Board Member Mail Communications – Opt-out – Sachs

President Benson stated that he consulted with the Secretary-Treasurer and they have agreed to make the material sent out in Executive Board packets available as an e-mail to any Board member that requests it.  He asked Bill Sachs, the maker of the item if that solution was satisfactory and he agreed.

 Travel Funding for Executive Board Members – Sachs

Bill Sachs requested that his item be tabled until the June Board meeting to allow the Secretary-Treasurer time to review funding requirements.

 Increase Penalty for Assaults against State Employees - Goldstein

Ronald Goldstein requested that PEF pursue legislation that would increase penalties for assaults against state employees.  President Benson responded that PEF issued a support memo on February 18, sponsored by Senator Volker and Assemblywoman Delmonte (S. 1387 and A. 3290) regarding this issue.

 Uniformity of Logo and Colors - Edwards

June Edwards moved that PEF adopt uniformity of logo and colors in union wear when representing the union.  The motion received a second.  After some debate, President Benson moved to table the motion until the June Executive Board meeting to allow the administration to consult with the elected leaders and bring back a proposal.  The motion received a second and Ms. Edwards agreed to the proposal.  After some debate, the Board voted to defer the item until the June meeting.

 Bob Harms moved to adjourn the meeting and the motion was seconded.

 The meeting adjourned at 10:40 am , as the agenda was complete.

   Respectfully submitted,

Jane Hallum

Secretary-Treasurer

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