NYC Amalgamated Professional Employees
Official Site for Local 154, DC 37, AFSCME, AFL-CIO

Juan Fernandez – December 2011 Report

Presidents Report

December 1, 2011 Rally for Jobs and Economic Justice!!

The Central Labor Council, including DC 37, is calling for a rally at 4 PM on December 1st, 2011. We will march to protest current economic conditions and to stand for workers’ rights. Local 154 and other Unions mobilize to support contract negotiations.

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http://dc37.net/news/headlines/pdfs/MarchForJobs_2011.pdf

Contract Negotiations. DC 37 had its first round of bargaining with the City on November 10, 2011. The Union demands included a fair wage increase, and elimination of reduced wages for new hires. On the other hand, the City’s proposal echoed the latest NY State deals: the City offered a five year contract with 0%, 0%, 0%, 2% and 2% per year. Also, among others, the City asked for pension changes for new hires; 10% health insurance co-premium for actives and retirees; reduced welfare fund contribution of $100; and raise of the part-time threshold to 20 hours/week. DC 37′s Executive Director Lillian Roberts made strong arguments to support the rightfulness of the Union’s position. She denounced the waste of City resources when the City contracts out services that could be handled by City workers. She explained that all of that money wasted in contracts that never produced real services could have saved jobs and help the City’s budget. The Union and City expect to retrun to the table with their own counterproposals.

The Unions will continue to press City Hall on the issue of the billions being paid for contracting out. As you are aware, the Mayor insists that any contractual raises be funded by productivity savings, pension changes and health insurance modifications. At the State level, at the beginning of August, New York State CSEA workers voted to approve a deal which calls for 5-year agreement, with a no-layoffs clause, 2 years of zero increases, $1,000 bonus on the third year, 9 days of furloughs (4 of these days will refunded during the 4th year of the agreement), and increased health insurance premiums. Governor Cuomo had threatened with 9,000 layoffs if the deal was not approved.

In the City, the Mayor has insisted on a number of proposals, including changes to the pension system and changes to health benefits. Pension demands for civilians include: increasing retirement age to 65, contribution of 6% for all working years, vesting after 12 years, and removing overtime from pension calculation. Health benefits demands include: co-premiums on all basic plans, co-payments and deductibles for HIP-HMO, elimination of Medicare Part B for all retirees, and making health benefits available only at or after 20 years of service. The Mayor also wants to end the Variable Supplement Fund for uniformed forces, and wants sanitation workers to put in 25 years of service before retirement. Also, the union asked the Salary Review Panel and the City for an update on the process. As you are aware, the main point of contention on this issue is the funding for the Salary Review process. The current economic crisis and projected budget deficit has slowed down contract negotiations and salary review.

Settlement on Past Contract. After an over-two-years-waiting period and prolonged grievances and arbitrations, the City finally reached an agreement with DC 37 over Additions to the Gross (ATG) for the contract period March 3, 2008 – March 2, 2010. These additions were expected to be paid on the last day of the contract. The value of the increases for a total of 5.47% will be added to existing longevities for Human Rights Specialists, Claims Specialists, Special Consultants, and Research Assistants. The moneys will be retroactive to March 3, 2010. Payments are expected according to the following schedule:

• HHC 12/23/11 (rate and retro)
• Mayoralty (City Agencies, Comptrollers, DOE) 12/9/11 (retro and gross)
• NYCHA 12/15/11 (rate and retro)

We are discussing payment dates with TA. RIPs for titles in Clerical Contract are not being affected because they were adjusted by two 4% at the time of the contract.

Local Law 35. City Council passed Local Law 35 which the Municipal Labor Committee as part of its offensive against contracting out and privatization. The Unions lobbied City Council for this legislation. So far the Mayor has refused to sign the law. The Unions support these modifications because they protect jobs and the good delivery of services. The Intro is presented by City Council Members Mealy, Comrie, and James.

City Layoffs. Mayor Bloomberg continues to lay off workers at City Agencies and other Departments. In October, 750 Teachers Aide, Crossing Guards and Parent Coordinators represented by Local 372 were laid off by the Department of Education. The Union responded with hearings at City Council, rallies in front of City Hall and other protests. The mayor and DOE refused to any agreement on the layoffs. DC 37 and Local 372 initiated legal action in response to the layoffs. The feeling is that the Mayor laid people off at DOE due to the Union’s refusal to allow him to take $600 millions from the Stabilization Fund. On June, the City of New York and the City Council Speaker proposed that the Municipal Labor Committee (MLC) authorize the use of 260 Millions from the Stabilization Fund ($500 millions) to stop layoffs of 6,000 teachers and the closing of fire department houses. DC 37 and several other unions opposed the use of these funds for these purposes because it would have depleted a fund created to support our health care. Also, two years ago the Unions generated 120 Millions in health cost savings to stop a number of layoffs only to have the City laying-off the same workers off three months later. MLC’s counterproposal would add funds to the welfare funds but the City rejected the idea.

In October, 2011 Mayor Bloomberg requested from City agencies an additional $600 million in budget cuts for the current FY 2011. Although the Mayor has a $3.7 Billion surplus, he is projecting new deficit. Every year the Mayor has projected deficits but they never occurred.

Pension Proposal developed by Comptroller Liu. Comptroller Liu presented a proposal to create an umbrella entity that will combine the investments for all 5 systems. This is not a merger of the 5 pension systems as reported by some media. The proposal is expected to save 1 Billion per year to the City.

Snow Day December 2010. As you are aware, the Union filed grievances to credit workers for this snow day. The arbitration hearing is scheduled for February 2012. Some of our brothers and sisters will testify at these hearings.

Retirement of AFSCME President Gerald McEntee. Pres. McEntee announced that he will retire and won’t seek re-election to AFSCME presidency after 31 years of leadership. Our best wishes to Pres. McEntee. Working America will honor Pres. McEntee at an event in Washington on December 7, 2011.

Human Rights Chapter. Our Chapter Chair Alonso Myers is retiring. He resigned from his position as Chapter Chair. We will hold a Chapter election in December 2011.

NO to Cuomonomics!! We oppose Gov. Cuomo’s Tier VI Pension Bill. Governor Andrew Cuomo introduced pension reform legislation that would create Tier VI in Albany. The same bill includes, at the request of Mayor Bloomberg, a separate pension reform proposal for New York City. Tier VI will include, among other: Raise retirement age to 65; end early retirement; employees to contribute 6% of their salary during their whole career; provide a single pension multiplier of 1.67%; vesting after 12 years instead of 10; excluding overtime from final average salary. According to the bill, these changes will impact new hires of the State and Local government, including New York City.

Civil Service: Local 154 and DC 37 Education organize workshops for members.

Claims Specialist Test: An Education and Experience open competitive test for Claims Specialist is taking place from October 5-25, 2011. Local 154 and DC 37 Education organized workshop which was attended by 30 members. The workshop was held on Monday October 17.

Public Records Aide Examination: The PRA Education and Experience examination filing period was completed on June 1-21, 2011. A total of 30 members, attended the workshops organized by DC 37 Education Department, in conjunction with Local 154.

Research Assistant Test: It took place on January 22, 2011. Over twenty Local 154 and other DC 37 members received preparation materials from our Local. These materials were put together by DC 37′s Education Department and Local 154. On July, DCAS Test Validation Board met to review questions protests submitted to DCAS.

Due Process for Provisionals. After long negotiations, the City and DC 37 agreed to establish due process for provisional workers who have served for two or more years in the same or similar title in the same agency. As you might remember, the State Appeals Court’s Long Beach decision eliminated tenure rights for all provisional workers. This agreement restores due process for provisional workers in City Agencies. Authorities would need to negotiate a separate agreement to put these provisions into effect.

NYCHA Contract Negotiations. The Union and NYCHA re-started contract bargaining on September 19, 2010. The Unit Contract covers working conditions at NYCHA. Also the Union and NYCHA agreed on some points on Telecommuting and Compressed time Pilot Program. The Union and NYCHA agreed on starting a pilot program for telecommuting and compressed time. The telecommuting would allow employees to work from home as the compressed time would allow staff to work longer hours per day in order to have a 4-day per week schedule. Once the pilot is completed and evaluated, the Union and NYCHA will discuss its possible implementation throughout the Authority.

AFIS workers at Local 154. We met with Empire Consulting, the company with the AFIS contract, on November 15, 2011. We discussed disciplinary processes and administrative procedures. We welcome Automated Fingerprint Imaging System (AFIS) operators, a private sector group of workers, to Local 154. During the month of July we started providing representation services to AFIS workers at Food Stamp and Job Training Centers.

Workers’ Right victory in Ohio. On November 8, 2011 voters in Ohio gave a big show of support to Workers’ Rights by defeating a proposal designed to squash Collective Bargaining rights. AFSCME with Pres. Gerry McEntee and Secretary Lee Saunders played a major leadership role with over 2,000 activists on the streets, and sending important resources to stop the threat.

Labor and Workers’ Rights under attack! Using the budgetary crisis as an excuse, conservative politicians, including Republicans, Tea Party and some Democrats have launched extensive attacks against collective bargaining, pensions, social security, Medicaid, civil service and others. They have proposed legislation to restrict and or eliminate collective bargaining in 12 states across the nation. AFSCME is one of the Unions who have been at the forefront of the fight against the conservative offensive. In New York, there is intense action against civil service and contractual rights of public employees. In the State, Governor Cuomo put intense pressure and threats of layoffs on workers to obtain concessions. In the City, Mayor Bloomberg have demanded end of seniority for teachers, changes to the pension system, and ending Medicare Part B for retirees, among others. Also, Mayor Bloomberg has lobbied Albany for extensive reforms to collective bargaining, including repeal of the Triborough Amendment (or Doctrine) (Bills A3569 sponsored by Assemblyman Pretlow from Westchester and A1329 sponsored by Hawley and Rabbit). The Unions are acting and taking steps to counteract these actions. We need action and we need unity.

We Oppose the Mayor’s Workforce Reform Task Report & Recommendations. This report issued on January 7, 2011 proposes major restructuring of the existing City’s workforce by changing the Civil Service law’s jurisdiction and proposing extensive reforms to the same. Among others, it proposes to remove the City from under state civil service commission jurisdiction; allowing TA and TB&TA their own civil service administration; hiring flexibility by reducing the number of titles that require tests; increasing number of non-competitive titles; broadbanding and consolidation of titles; using more E&E test for competitive titles; adopting band-scoring methodology; giving credit toward civil service for evaluations during provisional service; increase selective certification; eliminate and or reform the test review and challenge process; extending length of temporary appointments; removing seniority; redefining managerial titles; and, to provide incentives such as merit increases, awards and promotions based on evaluations. Many of the civil service system reforms contained in this report were previously presented as part of the City’s DCAS plan. On March 11, 2011, the Municipal Labor Committee (MLC) released a report with a detailed response to the Workforce Reform Report. The Unions reject the Mayor’s report and recommendations because they ignore the need for a merit and fitness system, which is required to avoid cronyism and political patronage; second, the Mayor seeks to have unregulated control over hiring and discipline, at the expenses of due process for workers and without the proper check and balances as provided in the State Civil Service system. The current Civil Service System was created to remove problems of patronage and corruption associated with the City government in the 1890′s. We need to keep and improve the current Civil Service system. We don’t need to destroy it as proposed by the Mayor. Local 154 and several other sister Unions have consistently presented testimony and evidence at State and City Council hearings convened to discuss past City’s proposals regarding the Civil Service system. You can read Local 154 testimonies by visiting our website www.local154.org

Workplace Violence Program: Since the Labor Department’s regulations from 2009 requires all public employers to develop and implement a Workplace Violence Prevention Plan, the Union has been making sure that such plans are developed with Union participation. Several Unions, including Local 154, filed complaints with the State Department of Labor and PESH for lack of a Workplace Violence Prevention Program and/or lack of Union participation at several agencies including DOH-MH, DOT, Fire Department and others. Also, we met with the Human Rights Commission to discuss the development of a workplace violence program.

What is Workplace Violence? NYCRR Part 800.6 defines workplace violence as “Any physical assault or acts of aggressive behavior occurring where the public employee performs any work-related duty in the course of his or her employment”.

Shop Steward Classes: If you would like to attend shop steward classes, register now by calling DC 37 Education Dept. at 212-815-1700.

Local 154 Scholarship Program. We are accepting applications for 2012. Two winners were randomly chosen at the Sept. 21, 2011 membership meeting.

Local 154 Holiday Celebration on Monday December 19, 2011. Secretary Sheera Glass will coordinate the event.

If you have topics or questions about any labor issues, please send them to Secretary Sheera Glass or President Juan Fernandez at L154AFSCME@AOL.COM