E-mail access newest contract battleground PEF charges state Ed broke Taylor Law when it cut off steward's e-mail accessist
By
SHERRY HALBROOK
The state is violating the Taylor Law by interfering with a
union official's ability to communicate with his
constituents, according to an improper-labor-practice charge
lodged in June by PEF. But the state's real motives may be to
throw a monkey wrench into the union's contract campaign.
"Our members have a legal right to communicate with
their elected representatives and those union representatives
have a right and a duty to communicate with them," said
PEF President Roger Benson.
"We filed charges with the state Public Employment
Relations Board (PERB) alleging that the state Education
Department has interfered with that right by disconnecting
PEF steward Mike Darcy's access to the agency's
electronic-mail system. We must and will fight to protect
this vital right to union participation," Benson said.
However, Benson and Darcy both said they believe the
Governor's Office of Employee Relations actually is trying to
impede PEF's Member Mobilization Program by intimidating
union members into not using e-mail to mobilize quickly for
rallies and other contract actions.
"It's a sure sign our actions are working," Darcy
said.
"They wouldn't bother with this if our efforts weren't
getting under the governor's skin," Benson said.
Unplugged
Darcy is a supervisor of educational programs at the state
Education Department in Albany. The agency disconnected his
e-mail access on May 25, saying that he had violated a recent
state prohibition on using its e-mail system for union
communications.
PEF is also preparing to file a contract grievance asserting
that the department's actions amount to disciplining Darcy
without allowing his due-process rights under the PS&T
contract.
PEF previously filed charges with PERB in early May
contending that state Director of Employee Relations Linda
Angello violated the Taylor Law when she issued the
prohibition against union use of e-mail on April 22 without
meeting the law's requirement to negotiate with the unions
such a significant change in the terms and conditions of
employment for state employees.
So far, Darcy is the only PEF steward to lose his e-mail access, even though others at the Education Department and other agencies continue to use the system to communicate with members on union business.
PEF: E-mail
cutoff discriminates
In its improper-labor-practice charge, PEF contends the state
is discriminating against Darcy and his constituents by
interfering with their right to participate in union
activities.
The union also accuses the Education Department of taking the
action in retaliation for Darcy's union activism and that
loss of e-mail access could make it difficult for him to
perform his state duties and leave him vulnerable for further
discipline.
PEF is asking PERB to order the employer to rescind its
disciplinary memo notifying Darcy of the disconnection and to
restore his e-mail access.