PEF’s arguments prevail; union gets preliminary injunction
Court blocks plans to close psych centers, merge research

By SHERRY HALBROOK
PEF’s legal efforts to protect state Office of Mental Health research facilities and psychiatric centers threatened by catastrophic funding cuts got a big boost in late April when state Supreme Court Judge Joseph Teresi granted PEF’s request for a preliminary injunction against closing them.

“We are pleased that Judge Teresi has granted PEF’s request for a preliminary injunction to stop the state’s misguided and illegal plan to close and consolidate New York’s psychiatric hospitals and research centers without proper notice,” said PEF President Roger Benson. “This decision ensures that the state’s most vulnerable citizens won’t be thrown to the wolves, when it comes to their treatment.”

State not above the law
Benson praised the court for affirming “the state must abide by the state law that requires at least 12 months prior notice to the employees, local governments and community organizations before making significant service reductions at psychiatric facilities.”

The closures of the Elmira, Middletown and Hutchings Psychiatric Centers and Nathan S. Kline Institute, and the consolidation of parts of Nathan Kline with the NYS Psychiatric Institute were announced in February for completion by late June 2003. Many of the employees were given preliminary layoff notices in March.

PEF had obtained a temporary restraining order from the court in March, which blocked the closings and layoffs until the court could have time to review arguments from PEF and the state and decide whether to issue the preliminary injunction.

Teresi enjoined the state from moving forward with the closings and transfers because PEF was able to show the state was violating the 12-month notice requirement in the state Mental Hygiene Law and because the union proved irreparable harm would be done to its members if the state were allowed to go forward with its plan.

State’s case ‘without merit’
The state’s claims that the immediate closings and mergers were justified by the state’s deficit and fiscal crisis, and that the layoff notices were merely preparatory are “wholly without merit,” Teresi said.

“Nor is the court impressed with the argument proffered (by the state) that the dove of peace may fly in the window of the state Capitol and a law may be passed which may change the current status of (the Mental Hygiene Law) and retroactively approve the defendant’s illegal actions,” Teresi wrote in his opinion.

According to PEF General Counsel William Seamon, unless the state successfully appeals it, the preliminary injunction will continue until the underlying case relating to the violation of the Mental Hygiene Law is decided — something that could take many months.

Work with us on this
To comply with the law, the state Office of Mental Health would have to wait at least a year before reducing the services.

During that time OMH would need to meet requirements that it work with PEF, other employee and community organizations, other state agencies and local governments to minimize the negative effects of the proposed service reductions.

“This injunction,” Benson said, “gives breathing room, so that decisions affecting the well being of thousands of New Yorkers with mental illness can be made in a thoughtful way, with more than the ‘bottom line’ to determine treatment options.”

Seamon urged PEF members to help their union enforce the injunction against any “significant service reductions” by notifying their PEF council leader and field representative immediately of any possible violations.

COMMUNICATOR HOMEPAGE
Inside This Issue:
Features
PEF pushes to plug corporate tax loopholes
Members fight proposal to merge NYSPI
PEF leads demonstration to protect patients, RNs
Annual lobbying pays off for PEF nurses
Union gets preliminary injunction

Departments
President's Message: PEF is major player
You Said It: Member's letters this month
Member Mobilization: Training with rallies
Nurses' Station: PEF acts to protect nurses
Legislative Update: PEF gets record restorations
Health Benefits: Empire Plan Update
Legal Issues: Members win grievance at DOL
PS&T Contract Update: Talks continuing
Member Highlights
Retirees In Action: Huge health hikes threaten
PEF Membership Benefits Program & Travel Corp

Union Matters
PEF RNs deliver quality care at Elmira PC
Full mobilization creates union power in Reg. 5
PEF wins Article 78
Members bring Benson team back for 3rd term
PEF Election Guide: Download Supplement

Other Links
Professional Directory
Members' Classified
Member Communicator Feedback
Do You Prefer The Online Edition?
How To Advertise Here
PEF Pride Store
The Communicator Staff

Questions on this site? Email the comwebmaster.
Register here on the PEF Member Network.

Click Here email notice when next issue is online

Site Map    What's New    Search