Legislation, agreements reached on key PEF issues

By DARCY WELLS
More than a dozen bills supported by PEF passed both houses of the state Legislature in the final days of the 2007 session that adjourned June 21. However, a special session is planned for mid-July.

Significant progress was made on the Mandatory Overtime bill, Cost Benefit Analysis and the Berger Commission recommendation related to SUNY Upstate Medical University Hospital.

Priority Bills
The nearly decade long fight to end mandatory overtime is paying off. A bill, S.6342/A.1898B, that restricts mandatory overtime for nurses has, for the first time, made it through the Assembly — much to the dismay of hospital groups, which have strongly opposed the bill. Currently, the bill is stalled in the Senate Rules Committee.

PEF’s Go Public campaign has taken another step forward with the governor’s office agreeing to implement a cost benefit analysis through administrative action, rather than legislation. Based on that commitment, PEF has agreed to hold the bill for the remainder of the year to allow discussions with the governor’s office to move forward.

The bill requires a cost comparison before the state contracts for personal services to determine if the work can be performed at a lower cost by state employees.

Lawsuits filed by PEF and three other unions over the Berger Commission’s recommendations have been adjourned until September 28 because of new developments that will save SUNY Upstate from being privatized. A tentative settlement of the issue was reached through an agreement between SUNY Upstate and Crouse Hospital in Syracuse that provides for an affiliation of the two hospitals.

The agreement, signed by both hospitals, is awaiting the approval of the state commissioner of health. It preserves all current rights of employees of each hospital.

The Judi Scanlon bill, S.3101/A.2316 passed in the Senate. It directs that a state Office of Mental Health employee who is required to enter the residence of a person with serious mental illness can request to be accompanied by another employee for safety reasons. The bill is stuck in the Assembly Mental Health Committee.

Passed both houses:
- S.6030/A.8829 — The Retiree Health Insurance bill restricts public employers from diminishing their retirees’ health insurance benefits;

- S.4820/A.6757 — The Reassignment bill requires 12 months notice before a state employee is involuntarily relocated to another geographic location outside his or her normal work location;

- S.4393/A.1108 limits the use of Social Security numbers for identification of employees;

- S.2174/A.4466 creates a 25-year retirement plan for peace officers and police officers at the state department of Taxation and Finance;

- S.2175/A.4379 provides for performance-of-duty disability retirement of certain peace officers and police officers in the Department of Taxation and Finance who are disabled by certain infectious diseases or heart disease;

- S.4163/A.7217 allows un-remarried spouses of deceased state employees who retired prior to April 1, 1979, to pay for health insurance coverage at the same rate paid by active state employees;

- S.5779/A.8468 Narrows the open window period for challenges to employee representation rights during contract negotiations; and
- S.6376/A.8470 allows payment with pre-tax funds for previous service or military service credit contributions to the state pension fund.

On governor’s desk
The following three bills have been sent to the governor for action:

- S.1710/A.6642 — The state Workplace Injury Reports bill, amends Civil Service Law to require the state Department of Civil Service to annually report on workplace injury rates among state employees and the resulting costs to the state;

- S.1711/A.3421 — The Heart Bill would establish a presumption that a state parole officer who becomes disabled due to a heart condition is entitled to a disability pension; and

- S.1617/A.6758 — The Leave for Injured Workers bill increases from one year to 18 months the leave guaranteed to public employees who are injured on the job. This allows them to retain their civil service rights to return to their position when they recover from the injury.

Signed into law:
- S.2084A/A.5782A extends for two years certain temporary pension benefits including pension supplementation for long-term retirees; and
- S.1632/A.3870 extends agency fee deductions for public employee unions for two years.

Vetoed:
- S.1582/S.3503 would have prohibited retaliation by public employers against employees who report certain violations of law; and

- S.1301/A.4592 would have provided that public employee discipline is a mandatory subject of negotiation.

Further action on other bills is possible if the Legislature returns for a special session later in the year.

Take action
The Retirees Health Insurance Bill, S.6030/A.8829, would keep your retirement health benefits on a par with those of state employees.

Contact Gov. Eliot Spitzer and tell him how important it is to you that he sign this bill and protect the health benefits of all state retirees, now and in the future. Call him at 518 474-8390, or go to his Web site at www.ny.gov/governor and select “Contact the governor.”

Your help is also needed to impress your state senator with the urgent need to take up and pass in special session the bill to restrict mandatory overtime for nurses — S.6342/A.1898B. The Assembly has already passed it, so call your senator now. (To find out who your senator is, call 877-255-9417.)

The Communicator July/August 07

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