PEF wins
OT pay for 9/11 emergency work
By DENYCE DUNCAN LACY
A state Supreme Court judge has ruled in PEF’s favor
in the union’s lawsuit against the state, for
capping the amount of overtime five members could be
paid, after they worked virtually around the clock
immediately following the September 11 attack that
destroyed the World Trade Center.
The members work for the Division of Military and Naval
Affairs State Emergency Management Office as disaster
preparedness experts in salary grades 23 and 25, and
would not normally be eligible for overtime. They put in
an average of 358 hours of OT in response to the attack,
as directed by their agency.
Because the governor had declared New York to be in a
state of emergency, agencies were authorized to pay
overtime to all employees in grades 27 and below. But
after the five PEF members had earned the overtime, the
state Division of Budget (DOB) limited the amount they
would be paid, basing it’s decision on a section of
Civil Service Law (§134(5)) which caps the overtime pay
to 12 percent of the overtime-ineligible employees’
basic salary.
PEF argued, and Albany County Supreme Court Judge Bernard
Malone agreed, that another section of the Civil Service
Law regarding overtime pay during “extreme
emergencies,” supercedes the provisions of section
134(5). In a sharply worded written decision, Judge
Malone said the DOB’s action was arbitrary and
capricious, and ruled the agency did not have the
authority under the law to set a cap on the overtime
earned in extreme emergencies.
“Respondents have pointed to no statutory or implied
authority giving DOB the power to set aside the
Legislature’s decision that there is to be no cap on
overtime earned in extreme emergencies, and this court is
not inclined to invent such authority to deprive state
workers of overtime pay they earned when ordered by
respondents to serve the citizens of this state in a time
of the most extreme peril,” Malone wrote.
PEF Associate Counsel Edward Aluck handled the litigation
for the members at SEMO, and said the judge’s ruling
means they will be paid for the overtime they earned.
“This decision represents not only a vindication of
our members’ clear legal rights under the Civil
Service Law, but also a just outcome for those who worked
extensive hours to help our state through an extreme
disaster,” Aluck said.
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The Communicator
September 2002
The Official Online Edition of
The New York State Public Employees
Federation
Inside This
Issue:
Features
PEF backs Pataki re-election
bid
PEF Board votes to back
candidates in ’02 races
PEF joins fight against
soaring Rx costs
Early retirement windows
opening
Q&A on 25/55, ERI
9/11; One Year Later:
‘Everything is different’ since 9/11
PEF fights for counseling
Victims’ families
grateful for PEF’s help
Contributions of PEF
activists missed
PEF to dedicate memorial
Departments
President's Message:
Endorsements and Loyalty
You Said It: Member's
letters this month
Member Mobilization: 8 steps
to success
Legislative Action:
Retirement, whistleblower laws
Nurses' Station: Help make
new future for nursing
Retirees In Action: Lucky to
get 1% COLA
PEF Membership Benefits
Program & Travel Corp
Union Matters
2002 Convention Preview
PEF researcher’s
discovery offers hope
Members show interest in
PS&T negotiations
Division 236 at Parole fully
mobilized
Members at Labor Dept. win
back rights
PEF fights big chemo bills
PEF vets keep wagering safe
bet
PEF wins OT pay
Highlights of PEF Exec
Board’s meeting
Member’s kids wins
scholarships
Support true charities, job
security
GET OUT THE VOTE!
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