| GOER’s
about-face follows union fight-back campaign State backs off on clock-watching rules By DENYCE DUNCAN LACY The Governor’s Office of Employee Relations (GOER) has changed its official policy on time-keeping rules for PS&T bargaining-unit members. PEF members and leaders had strongly opposed the GOER proposals through grievances and workplace protests. This revision gives agencies with facilities the discretion to relax their policies on exact recording of lunch breaks. The policy change affects PEF members in the state Offices of Mental Health, Mental Retardation and Developmental Disabilities, Alcohol and Substance Abuse Services, and Children and Family Services, as well as the Departments of Correctional Services and Health, and the State University of New York. They felt the heat In a February 16 memo GOER states its policy amendment is a reaction to the “express concern regarding difficulties experienced with signing in/signing out for unpaid meal periods at several agencies.” PEF leaders say the about-face took place because members lit fires of protest under their agencies. “The agencies, no doubt, were reacting because overtime-eligible employees have been recording the fact that they have been working through their lunch periods,” says PEF Labor Relations Director Roger Scales. “By doing this, they have created a federally-mandated cash/overtime liability for the agencies whose employees worked more than 40 hours. Overtime-eligible employees must be paid in cash and be paid at the time-and-a-half rate,” Scales explains. “Add this cost factor to the intense pressure brought to bear on facility managers by PEF’s high-level overtime-ineligible employees, along with our grievances, confrontations, meetings with management, ‘stop clock-watching’ campaigns, rallies, pickets, and other bold actions, and it’s clear why they retreated.” PEF enforces contract “Our members were incensed over GOER’s blatant attempt to circumvent the outcome of our contract negotiations on time-keeping rules,” adds PEF President Roger Benson. “The PS&T contract clearly states that our members do not punch time clocks or record their attendance with a timekeeper, but since GOER couldn’t get its way at the bargaining table it tried to get it administratively. What they didn’t count on was our resolve to enforce our contract and demand to be treated as professionals,” Benson said. And Scales says the State Insurance Fund, Office of the State Comptroller, Transportation Department, and the Offices of Mental Health, Mental Retardation and Developmental Disabilities, and Alcohol and Substance Abuse Services have all implemented changes in time-keeping practices which violate Article 12.17 of the PS&T contract. The union has filed grievances in those agencies, and the first of those grievances — in DOT — has been scheduled for arbitration in early May. In the meantime, the union’s battle over illegal time keeping will continue, PEF’s president says. “Although the state has eased up on the restrictions, our fight is not yet over,” Benson says. “We must continue to fight until all our members are treated in a respectful and professional manner.” |