Seniority rules over rank in Utica parking battle
Members win grievance at DOL

Retirement prospects are much brighter now for more than 100 PEF members who took the Part A Early Retirement Incentive (ERI) in March, and who would have qualified for longevity awards for the first time on March 31.

The union has been able to resolve some confusion with the state over eligibility for these awards, which arose because ordinarily you must be on the state payroll on March 31 to qualify for the awards.

However, the ERI legislation specifically exempted employees taking the Part A incentive from this requirement.

As a result of PEF’s intervention, these new retirees will receive their longevity payments, and their pensions will be recalculated if last year was included in their final average salary.

“I want to thank the PEF local leaders who brought this issue to our attention on behalf of their recently retired colleagues,” said PEF President Roger Benson, “and I’m pleased we could correct the problem so quickly.”

As reported in the March issue of The Communicator, the longevity awards are not available to members who retired under Part B (25/55) of the Early Retirement Incentive, because they had to retire before March 31 and the law did not exempt them from the requirement to be on the payroll on that date to qualify for the longevity payment.
— Sherry Halbrook

PEF wins Article 78
Court proceeding for injured member

By DEBORAH A. MILES
PEF won an Article 78 proceeding in April that may allow an intensive case manager at Pilgrim Psychiatric Center to keep her job.

Agnes Hamel was terminated in July 2002, after falling on the job and injuring her back, causing her to miss work for more than five months. She fell on an ice-covered porch while leaving a client’s home.

Civil Service Law, Sections 71 and 73, allows a person to be terminated after being out of work for more than a year due to a single injury.

Management combined her absences with an injury she sustained in 1998, when Hamel was out for seven months after falling on broken stairs in the office building at Valley Stream. She was terminated in July 2002.

“The employer concluded Hamel was out for a cumulative year,” said PEF associate counsel Jeffrey Plant, the attorney who handled the case. “Both injuries, although separate, were regarded as one by the employer in deciding to terminate Ms Hamel.”

A hearing is required to determine if Hamel’s termination under Civil Service Law is appropriate.

“The employer refused to provide a hearing, so PEF filed an Article 78 proceeding,” Plant said. ”The issue was whether she was deprived of her rights to due process.”

The court concluded that both substantive and procedural due process require that Hamel be afforded a hearing and opportunity to submit evidence that her absence in 2002 was not a result of her previous occupational injury.

“As well as granting a hearing, the court annulled the termination and restored her benefits,” Plant said. However, the implementation of the order is on hold as the state appealed the decision.

“I expect the principle of due process will be upheld on appeal,” he said. “This decision shows an employer can’t make a unilateral decision on one’s employment without a due process hearing in accord with Civil Service Law in regards to a medical disability.”

“PEF’s been great helping me,” said Hamel. “Members need support and we’re often up against a bureaucracy that has no feelings. I really just want to go back to work.”

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

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