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                  Get to know your Business Agent today!  Find out how the union makes a difference on the job. |
Newsline: September 2006 Legislative Update: Local 237 Goes to Bat for Bills That Benefit Members
Retirement and Civil Service Bills Signed by the Governor: Sworn Statements – World Trade Center A.10731-A (Abbate)/S.7377-A (Golden) Signed 8/14/06 This law amends the retirement and Social Security law and the city’s administrative code in relation to requiring sworn statements for presumptive eligibility for accidental disabilities occurring as a result of the terrorist attacks on Sept. 11, 2001. It aims to clarify the original intent of Chapter 94 of the laws of 2005 that retirees covered under the law need to be registered with their retirement system with a sworn statement of their participation in the rescue and recovery efforts related to the 9/11 terrorist attacks by June 14, 2007. World Trade Center Special Accidental Death A.11255-A (Silver)/S.7885-C (Golden) Signed 8/14/06 This law recognizes that five years after the attack on the World Trade Center thousands of workers and volunteers involved in the rescue and recovery effort have died or developed life-threatening diseases and illnesses as a result of working under the toxic ash at Ground Zero, and many more 9/11 heroes will experience similar respiratory symptoms and illnesses in the future. It allows WTC responders who become sick in the future or retire from public service with a regular pension to have their retirement status later reclassified as “accidental disability.” This reclassification allows for more generous benefits to the victims and the dependents they leave behind, provided that the workers file a sworn affidavit of their participation in the clean-up operation by June 14, 2007. Workers’ Compensation Claims 9/11 First Responders S.8348 Marchi/A. 11944 Bing Signed 8/14/06 This amends the Workers’ Compensation Law to provide that any injury or illness, including future manifestations, even after retirement, for occurrences directly related to the terrorist attacks on Sept. 11, 2001, to be presumptively eligible for compensation under the Workers’ Compensation Law. Qualifying conditions include diseases of the upper and lower respiratory tract, gastroesophageal, psychological axis, diseases of the skin and new onset of disease resulting from exposure, which occurs in the future. It does not provide extra Workers’ Compensation benefits, but insures that those who become ill will be justly compensated. Vetoed Legislation: Early Retirement Incentive 25/55 S.8408 (Robach)/A.11805 Rules (Abbate) Veto #226 of 2006 This bill would have allowed only Tiers 2, 3, and 4 members who have 25 years of service and aged 55 to retire without reduction in benefits. There were two identical parts to the bill, one with a 90-day opt-in period in 2007 and the second with a 90-day opt-in period in 2008. The open period would have been determined by the mayor. Civil Service Reclassification S.6477 (Robach)/A.10274 (Abbate) Veto #280 of 2006 This bill would have amended the Civil Service Law to provide that employees may not be reassigned without their consent if the reassignment involves a change in their normal work location to a location other than in the same county or a contiguous county. If employee consent is not given and if the reassignment is deemed to be necessary, employees who hold such positions shall first be provided at least 12 months notice and the opportunity to transfer to other positions. Legislation Waiting for Action by the Governor: Accidental Disability S.7119-A (Padavan)/A.10530 (Abbate) The 6,000 peace officers working for the City of New York, Health and Hospitals Corporation, Taxi and Limousine Commission, Department of Education of the City of New York, Police Department, City University and New York City Housing Authority work under extremely difficult conditions and are in contact with many hostile individuals, frequently in volatile situations. On a daily basis these peace officers execute arrests, which often require physical contact with people who become violent when faced with arrest. Because they are unarmed they are at a heightened risk for injuries. This legislation would provide peace officers in the above titles with a 75 percent pension benefit when injured in the performance of their duties on the job. Special Accidental Death Benefits S.8364 (Maltese)/A.11930 (Abbate) This legislation amends section 208-f of the general municipal law to provide a special accidental death benefit to widows, widowers, or children of municipal sanitation members and municipal special officers, parking control specialists, school safety agents, taxi and limousine inspectors, and CUNY campus peace officers who die before the effective date of his or her retirement as the natural or proximate result of an accident. Special accidental death benefits are paid to the survivors of a variety of law enforcement and vital services personnel such as police, fire and corrections in New York City, emergency medical technicians in New York City, as well as uniformed members of county sheriff departments outside of New York City. For the survivors of those who served the public until their untimely deaths, there should be financial assistance for a life cut short in the line of duty. Health and Safety Signed Legislation: Workplace Violence Prevention S. 6441 (Spano)/A. 9691 (John) Signed; Chapter 82 of 2006 This law requires public employers to develop and implement written programs to prevent workplace violence. Workplace violence is an increasingly visible element in today’s workplaces. This bill would assist both employers and employees in ensuring a safe work environment. Workplace violence is now one of the leading causes of death on the job in the United States and the leading cause of workplace fatalities for women. Taylor Law Vetoed Legislation: Independent Hearing Officers – Disciplinary Actions S.7903 (Spano)/A.10082 (Lentol) Veto #285 of 2006 This bill would provide that an independent hearing officer shall preside over disciplinary hearings involving public employees who are facing dismissal and are represented by a recognized employee organization pursuant to the Taylor Law. Under current law, the appointing authority both brings charges and renders decisions in disciplinary proceedings.This creates a conflict of interest and creates a situation inherently unfair to employees. This bill would have corrected this situation by providing for the appointment of an independent and neutral hearing officer who will hear charges and render a decision on behalf of the employer. Right to Representation: S.4508 (Robach)/A.8556 (Abbate) Veto #278 of 2006 This bill would amend the Civil Service Law to make it an improper practice for an employer to deny a public employee the right to representation by an attorney or other representative of the certified or recognized employee organization representing the employee when the employee is being questioned by the employer and it reasonably appears that the employee may be the subject of a potential disciplinary action. Under the bill, if representation is requested, a reasonable period of time shall be afforded to the employee to obtain such representation. A.5397 Abbate/S. 7441 Robach Veto #252 of 2006 This bill would amend §209-a.4(a), (b), and (d) and §209-a.5(a), (b), and (d) of the Civil Service Law to simplify and broaden the grounds upon which injunctive relief could be granted in the event that there is reasonable cause to believe that an improper practice has occurred. The amendment applies the standard presently applicable to arbitration proceeding pursuant to Article 75 CPLR to improper practice proceedings. Legislation Waiting for Action by the Governor: S. 7503-A Golden/A. 11088-A Abbate This bill amends §201-a of the Civil Service Law (CSL) to make public employee discipline a mandatorily-negotiable term and condition of employment. The bill would also amend §204-a of the CSL to ensure that any provisions pertaining to discipline contained within agreement or interest arbitration awards between public employers and public employee organizations are valid and enforceable. It would restore the Legislature’s original intent to have matters pertaining to the discipline of any public employees, including police officers and fire fighters, be mandatorily- negotiable terms and conditions of employment. The express public policy of this state recognizes collective bargaining to be a fair and effective mechanism for the establishment of all terms and conditions of employment, including discipline, that is of vital importance to employers and employees alike. There is no incompatibility between employers and unions having to bargain discipline and having an efficient and effective disciplinary system. Negotiated disciplinary systems exist throughout the state for all types of public employees and the existence of such negotiated systems has not compromised the delivery of public services. The bill would also produce uniformity of result and fairness by ensuring that all public employees and employers, not just some, are able to negotiate and agree upon matters relating to discipline. S. 7842 Robach/A. 11261-A Abbate This bill amends section 209-a 4 and 5 of the Civil Service Law to clarify and modify the standards governing the issuance of injunctive relief incidental to improper practice charges filed with the Public Employment Relations Board (PERB) pursuant to section 209-a of the Civil Service Law and those improper practice charges filed with the New York City Office of Collective Bargaining (OCB). S. 3178 (Robach)/A. 6222 (Abbate) This bill establishes procedures for determining whether an employer has failed to bargain in good faith and to provide that if the Public Employment Relations Board (PERB) determines that such a failure exists and the collective bargaining agreement has expired, PERB is to order an immediate salary increase of 1 percent. A mediator is also appointed who reports to PERB every three months on any progress. If the employer still refuses to bargain, an additional .5 percent increase is imposed every three months. Penalty wage payments cannot be used as offsets in subsequent bargaining. The bill further provides that the penalty for an alleged employee violation which occurs during a period when PERB has found the employer has failed to bargain in good faith will be the loss of no more than the daily rate of pay for each day or part thereof of violation. Further, there will be no loss of dues checkoff or of Triborough rights for any such period. |
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Whether it is to secure accidental disability benefits for 9/11 first responders if they become sick as a result of their heroic rescue and recovery efforts at Ground Zero, or win early retirement benefits for members who work in dangerous or physically taxing jobs, Local 237’s legislative department has been active in City Hall and Albany in an effort to gain support for legislation that would benefit members.