IItFMemo:

TO:
DATE: Field Directors April 28, 2009

"'-1
RE:

Layoff Process

As the governor continues to press for layoffs from the state workforce the agency plans for reduction in force (RIF)will be made public, as these plans are announced and the targets become clearer, I would like Field Staff to provide as much assistance as possible to members to ensure that layoff procedures, if necessary, are properly implemented. Additionally, in the event that layoffs are implemented it is extremely important that the impact of the reductions in force (bumping, reassignment, layoff, etc.) be reported back to my office. During this stressful time for our members it is extremely important that we have a handle on exactly how agency reductions are affecting the members we represent, that we can verify that the agency is acting accordance with civil service law, regulations, and procedure, and intervene if agencies are not in compliance. In order to ensure that our members receive all the rights they are entitled to under Civil Service law and regulations, I am directing that you assign field staff to be available to attend meetings where layoffs are being instituted, as well as have staff provide information regarding the impact of the (RIF) as soon as possible following the announcement. Thankyou.

~:L:tL~~~.42~Kenneth Brynien, President cc: Regional Coordinators Executive Board

FOR RELEASE: Thursday,

April 30, 2009

Hundreds of state workers tell governor: "Cut the waste, not the workers"
Manhattan - "Cut the Waste, Not the Workers." is what hundreds of union members from the New York State Public Employees Federation (PEF) shouted during a rally outside Gov. Paterson's Manhattan office today. PEF members and leaders were joined by other union's including the Civil Service (CSEA) to protest the governor's plan to layoff 8,700 state employees. Employees Association

"The governor's plan wi II devastate the state's economy and severely reduce state services, particularly to our 1110S\ vulnerable citizens," said PEF President Ken Brynien. "We recognize these are difficult times which is why we are here today to once again deliver to the governor alternatives to the layoffs that would result in more savings than the governor is hoping to achieve through his plan." PEF Vice President Pat Baker and Manhattan union leader, Vernetta Chesirnard, walked across the street from the rally to the governor's office delivering PEF's revenue raising and cost-cutting proposals. "Reducing the state's reliance on costly consultants, cutting overtime costs by hiring employees and expanding the voluntary reduction in work schedule program will save the state $775 million over two years," Baker said. "That's almost twice what the governor hopes to save by adding thousands of state workers to the unemployment rolls." "'We are appalled the governor continues to disregard President Obarnas directive to stimulate the economy. Instead, he is planning to add to the economic downturn by putting thousands of state employees out on the street," Chesimard added. "The governor continues to playa damaging game of politics with the state work force and their families," said PEF Vice President Joe Fox who also attended the rally. "This has never been about achieving real savings. If it were, the governor would not be ignoring our suggestions. The governor merely wants a pound of tlesh from state workers," Fox said. "Lntil the governor has implemented our proposals, it is unconscionable concessions from, or layoffs of the state work force," Brynien said. -30PO Box 12414 Albany, NY 12212-2414 Affiliated With American Federation Of Teachers, AFL-CIO and Service Employees International Union for him to continue to call for

CUT THE WASTE - NOT THE WORKERS

1.

Reduce the state's reliance on costly consultants who are being overpaid to do the jobs state workers can do at a much lower cost by implementing a plan to reduce consultant spending.

Two Year Savings: $315 million

2. Reduce overtime costs by hiring employees, this would not only create more jobs by hiring state employees, but reduce overtime costs.

Two Year Savings: $320 million

3. Expand the Voluntary Reduction in Work Schedule (VRWS) program to allow more employees the ability to adjust their work week and pay.

Two Year Savings: $140 million

Savings without destructive cuts to state services or state layoffs.

Total Two Year Savings: $775 million

New York State

PUBLIC EMPLOYEES FEDERATION AFL-CIO

1168-70 Troy-Schenectady P.O. Box 12414 Albany, NY 12212-2414 Road (518) 785-1900 (800) 342-4306

Fax (518) 785-1814

OFFICERS:

April 30, 2009

Kenneth Brynien President Mea Gabe Igoe Secretary- Treasurer Pal ricia Baker Joe Fox Louis Matrazzo

Governor David A. Paterson Executive Chamber State Capitol Albany, New York 12224 Dear Governor Paterson: I am writing again to ask that you consider other options aside from cuts in pay and benefits, or layoffs, to address your need for an additional $481 million in cost cuts from the state workforce. I am disappointed that you continue to claim that these are your only choices: There are other options available to you that provide greater cost savings without damaging cuts and concessions, options that will place the state on a more sound fiscal footing by making state government more efficient and cost-effective. 1. Reduce the state's reliance on costly consultants who are being overpaid to do the jobs state workers can do at a much lower cost. Currently the state spends almost $3 billion annually for consultant services. The state could save $315 million over the next two years by implementing a readily achievable plan to reduce the state's use of consultants. Reduce overtime costs. The state spent $485.7 million on overtime costs in fiscal year 2007-08. Hiring employees, instead of paying overtime, would not only generate $320 million in potential savings over the next two years, but provide the added benefit of creating additional jobs. Expand the Voluntary Reduction in Work Schedule (VRWS) program to allow more employees the ability to adjust their work week and pay. Currently, many agencies limit the ability of employees to voluntarily reduce their work schedules. Expanding the program would save $140 million over the next two years.

Vice Presidents
REGIONAL COOROINATORS:

Kevin Hintz Region 1 Daniel Connors Region 2 F rank Besser Region 3 Donald Kehoskie Region 4 Mary Twitchell Region 5 Robert Varano Region 6 William Crotty Region 7 Thomas Comanzo Region 8 Neila Cardus Region 9 Vemet1a Chesimard Region 10 Jemma Marie-Hanson Region 11 Doris Dodson Region 12

2.

TRUSTEES:

Julio Munoz Robert Reynolds Olubrvi Sehindemi

3.

"C>

I believe as you do that we must make every effort to avoid layoffs and other serious cuts in State services. The impact of laying off 8,700 employees will have a devastating effect on the State's economy. The ripple effect due to job loss and salary cuts could put as many as 70,000 private sector jobs at risk, negating the impact of President Obama's economic stimulus package in New York.

Affiliated with the American

Federation

of Teachers.

AFLCIO and Service Employees

International

Union

Re-opening any contract, even in the face of a fiscal crisis, establishes a precedent that invites the potential abuse of the collective bargaining process; particularly due to the fact that the state routinely faces budget deficits. For the typical PEF member, your proposals to eliminate pay raises and lag pay would take away about $2,800 of income in 2009 alone. PEF recognizes these are difficult times. We recognize that people are facing hard times and jobs are being lost all across this great state. We do not take our decision lightly. We would rather work with you to find better ways to save the State $481 million than engage in a public dispute that is not productive for anyone. Sincerely, ~ Kenneth Bry~ President Attachment
\

New York State

PUBLIC EMPLOYEES FEDERATION AFl-CIO

1168-70 Troy-Schenectady Road P.O. Box 12414 Albany, NY 12212-2414

(518) 785-1900 (800) 342-4306 Fax (518) 785-1814

April 22, 2009

OFFICERS: Kenn@th Bry~eo

P,~sldenr Artea Gabe Igoo

Sr~f~ry reJsurer T
Pamc.a Baker Joe Fox l.OUIS Malrazzo VJ~ Pre,ldents

RcalONAL COORDINATORS:
K9V1n

Blaine Ryan-Lynch Director Division of Staffing Services NYS Department of Civil Service Alfred E. Smith State Office Building 80 South Swan Street Albany, New York 12239 Dear Ms. Ryan-Lynch: I am writing on behalf of the Public Employees Federation in regard to the layoff process within the Department of Correctional Services (DOCS). We are very concerned that DOCS management has made some decisions that appear to violate the Section 78 of the Civil Service Law, Reduction in Force Guidelines published by the Department of Civil Service, Sections 2300 and 2350 of the State Personnel Management Manual (SPMM), and SPMM Policy Bulletin 04-01. Late last week we were informed by DOCS' Director of Human Resources that they were going to administer horizontal reassignments of employees targeted for layoff by facility first and layoff unit second. As you are aware that this would violate the Department of Civil Service's Guidelines for the Administration of Reductions in Force regarding reductions in force in layoff units within multiple geographic locations (P 23) which state: Generally all agencies (except see below) must apply the basic concepts of retention rights and seniority to all employees in the affected title in the county first, then to a/l employees in the title within the layoff unit to determine which employees will retain their current positions, which must be offered horizontal reassignment to a position elsewhere in the layoff unit and which will be suspended (and offered displacement, if available) . NOTE: This "county first, layoff unit second" principle applies only to the horizontal reassignment process. By law and rule displacement must occur to the position held by the least senior in the entire layoff unit (emphasis added). We forwarded this section of the Guidelines for the Administration of Reductions In Force to DOCS' Director of Human Resources and ask that DOCS comply with these guidelines when administering the horizontal reassignment process.

Hintz Region 1

Daniel Connors Region 2 Frank Besser Region 3 Donald Kehoskle Region 4

Mary Twllchell

Region 5
RODe" Varano

Region 6 Wilham Crony Region 7 Thomas Coreanro Region 8 Neira CarduS Reg;on 9

venena Chesnnard
Region 10 Jemma Mane-Hanson Region 11 Dons Dodson Region 12

Julio MUJlOZ RObe" Aeyno+rt5

Otubl'f' Sehindeml

.. cE"....~ ..

Atfiliated with the American Federalion 01Teachers. AFLCIO and Service Employees International Union

Blaine Ryan-Lynch April 22, 2008 We were told that these guidelines do not apply to statewide layoff units such as DOCS. We believe this is clearly inaccurate as most State agencies are statewide layoff units and no such exception appears in the Guidelines for the Administration of Reductions in Force. In addition, DOCS claims that the Guidelines for the Administration of Reductions In Force are just guidelines and not Department of Civil Service policy. We respectfully disagree. The State Personnel Management Manual (SPMM) contains the Department of Civil Service policies in relation to their enforcement of Civil Service Law, Rules and Regulations. Section 2300 of the SPMM contains the department's policies on "Reductions in Force" and states "See the "Guidelines for Administration of Reductions in Force". Section 2350 of the SPMM contains the department's policies on "Layoffs in the Competitive Class and states: "2350 LAYOFFS IN THE COMPETITIVE CLASS [This material was issued in 1987. While still relevant, you are referred to the "Guidelines for the Administration of Reductions in Force" for accurate and more complete information.] It is our position that by referencing the Guidelines for the Administration of Reductions in Force in the SPMM policy on Reductions in Force those guidelines are official Department of Civil Service policy. Therefore DOCS must follow the policies set forth in the Guidelines for the Administration of Reductions in Force. We ask that you direct DOCS to follow the Department of Civil Service's policies regarding reductions in force in layoff units within multiple geographic locations and administer horizontal reassignments for DOCS employees in the county first, and then within the layoff unit. In addition, in our discussions with DOCS' Commissioner and Director of Human Resources we were told that DOCS does not intend to allow its permanent and contingent permanent competitive class employees serving in titles which may be affected by a reduction in force and who are serving in the county where the reduction in force will occur to fill out blue cards and participate in the "Agency Reduction Transfer List" process set out in Section 78 of the Civil Service Law and SPMM Policy Bulletin 04-01. DOCS' position is that they do not have to participate in the "Agency Reduction Transfer List" process because all State agencies are engaged in layoffs and that no position vacancies are likely to exist. Section 78 of the Civil Service Law and SPMM Policy Bulletin 04-01 sets out a process that all State agencies must follow to allow transfer of personnel upon the abolition of their positions in State civil service. Neither the law nor policy allow State agencies to refuse to participate in this process during any reduction in force. CSL Section 78 gives employees impacted by a reduction in force special transfer rights to the same or comparable positions in all State agencies and in most circumstances requires all State agencies to hire employees on Agency Reduction Transfer Lists established pursuant to Section 78 of the Civil
2

Blaine Ryan-Lynch April 22, 2008 Service law when there is a vacancy in those titles. Even though there is a hiring freeze we are aware that some State agencies are still filling positions. The failure of DOCS to allow its employees to fill out blue cards and participate in the "Agency Reduction Transfer List" process deprives them of their right to be considered for appointment to vacant positions that State agencies may be filling. This is a blatant violation of Section 78 of the Civil Service Law and SPMM Policy Bulletin 04-01. We ask that you direct DOCS to follow Section 78 of the Civil Service Law and SPMM Policy Bulletin 04-01 and work with the Career Mobility Office to distribute blue cards to their permanent and contingent permanent competitive class employees serving in titles which may be affected by a reduction in force and who are serving in the county where the reduction in force will occur. It is important that the Department take action immediately as DOCS employees will be adversely affected by DOCS' failure to comply with the Reduction In Force Guidelines, Sections 2300 and 2350 of the SPMM, SPMM Policy Bulletin 04-01, and Section 78 of the Civil Service Law. Failure to act quickly will deprive DOCS employees of their rights under these laws and policies. Thank you for your prompt attention to our concerns.

Sincerely,

~~~6
Thomas E. Cetrino Director of Civil Service Enforcement Cc. Commissioner Brian Fischer Daniel F Martuscello Thomas Donahue

memo
TO:
DATE: Executive Board Members, Council Leaders, and Health and Safety Chairs May 1,2009

RE:

Swine Influenza A (HINl)

The recent headlines about the spread of the HIN1 influenza (swine flu) have increased public awareness and concern among PEF members. I have attached to this memo a fact sheet developed by the PEF Health and Safety Department to help you gain a basic understanding of Swine Influenza A. This fact sheet is also available on the PEF web site at www.pef.or~. by clicking on Health and Safety. The CDC has determined that this swine influenza A (HINI) virus is contagious and is spreading from human to human. However, as of April 2009, it is not known how easily the virus spreads between people. Swine influenza A (HINI) is thought to spread from person to person through coughing or sneezing of people with the virus. Persons may also become infected by touching something, such as a desk or door knob, contaminated with flu viruses and then touching their eyes, nose, or mouth. You should take the following precautions to protect yourself from the flu viruses and other germs:

Cover your nose and mouth with tissue when you cough or sneeze. Dispose of the tissue after you use it. If tissue is not available, cough or sneeze into your upper sleeve and not your hands. Wash your hands often with soap and water, especially after you cough or sneeze. Alcohol-based hand sanitizers may also be used. Try to avoid close contact with sick people. If you get sick with influenza, the CDC recommends school and limit contact with others. that you stay home from work or

If you have any questions, please contact the PEF Health and Safety Department by calling or emailing the PEF Health & Safety Department: 800-342-5406, ext. 254 or Kwillbrant@pef.org

~ , Kenneth Bry~ President

cc:

Secretary Treasurer Arlea Igoe Regional Coordinators Jonathan Rosen - Director of PEF Health and Safety Roger Scales - Director of Labor Relations

What I. swine Influenza

Swine flu is a respiratory among pigs disease outbreaks constantly. viruses are common. and create

A (H~Nl)?
of pigs caused by type A influenza viruses, swine viruses. Swine flu Like all influenza by avian intluenza new viruses flu viruses viruses. avian, change These

Pigs can also be infected

and human influenza

can swap genes

that are a mix of swine, variations

and human There are and

influenza viruses.

As a result. there are many different A subtypes

of swine flu viruses.

four main influenza

that have been isolated

from pigs: HI N 1. HI N2, H3N2. is HI N 1.

H3N l. The subtype identified

in the 2009 swine flu outbreak

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People usually do not get swine flu, but infections normally occur in persons with direct exposure transmissions United States. was limited and not sustained to pigs.

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can and do occur among humans. From December

Infections 2005 through

In the past, person to person swine flu

beyond three people.

February 2009. the CDC received reports of 12 cases of human infection with swine t1u in the

Is this .wln. flu vlru.cOntaglous?

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The CDC has determined spreading

that this swine influenza However.

A (H I N 1) virus is contagious

and is

from human to human.

as of April 2009, it is not known how easily the

virus spreads between people.

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As of April 2009, the swine influenza has been relatively

A (H 1N 1) has caused a number of deaths in Mexico, but The cause for the discrepancy has not been determined.

mild in the United States and other countries.

in the severity of the cases between Mexico and other countries

PEF Health and Safety Department

(800) 342-4306

x254 or (518) 785-1900

x254

Page 1

The symptoms of swine flu in people include fever, cough, sore throat, body aches, headaches, chills and fatigue. Severe illnesses, such as pneumonia and respiratory failure, and deaths have been reported with swine infection in people. These are similar to symptoms and outcomes of seasonal human flu. Persons with swine flu have also reported diarrhea and vomiting. Both swine flu and seasonal human flu may cause a worsening of underlying chronic medical conditions. If you experience symptoms, you should contact your healthcare provider.

So far. most swine flu cases have been mild. However, if you experience any of the following warning signs, seek emergency medical care. For children: Fast breathing or trouble breathing Bluish skin color Not drinking enough fluids Not waking up or not interacting Being so irritable that the child does not want to be held Flu-like symptoms that improve but then return with fever and worse cough Fever with a rash

For Adults: Difficulty breathing or shortness of breath Pain or pressure in the chest or abdomen Sudden dizziness Severe or persistent vomiting

Ho,t~".'~iI!'~!!i.~"~j;fi:;~,;::tEj:'-;~~~!Y;:~:f>j:;.t"
Swine influenza A (H 1N 1) is thought to spread from person to person through coughing or sneezing of people with the virus. Persons may also become infected by touching something, such as a desk or door knob, contaminated with flu viruses and then touching their eyes, nose, or mouth.

PEF Health and Safety Department

(800) 342-4306

x254 or (518) 785-1900

x254

Page 2

Can I get swine flu from adng

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."

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No. Swine flu viruses are not spread by food. You cannot get swine flu from eating pork or pork products. Eating properly handled and cooked pork products is safe.

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People with swine tlu should be considered contagious as long as they have symptoms and up to 7 days following the onset of illness. Children. especially younger children, might be contagious for longer periods.

The CDC recommends the antiviral drugs TAMIFLU (oseltamivir) or RELENZA (zanamivir) for treatment and/or prevention of infection with the swine flu virus. These antiviral medications work by keeping flu viruses from reproducing in your body and can make your illness milder or help you recover faster. They may also prevent serious flu complications. Antiviral drugs work best if started within 2 days of symptoms. Antiviral drugs are prescription medicines.

As of April 2009, a vaccine is not available to protect against swine influenza A (H 1N 1). The following steps may protect you from the flu viruses and other germs: Cover your nose and mouth with tissue when you cough or sneeze. Throw tissue in the trash after you use it. If tissue is not available, cough or sneeze into your upper sleeve and not your hands. Wash your hands often with soap and water, especially after you cough or sneeze. Alcohol-based hand cleaners may also be used. Try to avoid close contact with sick people. If you get sick with influenza, the CDC recommends that you stay home from work or school and limit contact with others.

PEF Health and Safety Department

(800) 342-4306 x254 or (518) 785-1900 x254

Page 3

Masks may reduce the amount of contagion an infected person releases into the air, but they are not designed to prevent people from inhaling germs that are spread via airborne or droplet transmission. Respirators filter the air and may offer some protection against swine influenza A (H 1N 1). If exposure concern is related to your employment, your employer is required by OSHAIPESH to implement a respiratory protection program before issuing respirators. This includes a written respiratory protection program, risk assessment, medical evaluation, fit testing and fit checking. Most PEF members who did not use respirators before the 2009 swine flu outbreak are not likely to need respirators to perform their duties during the outbreak.

http://vvww .cdc. gov/swi netlu! http://www.health.state.nv.us/discases/comm unica ble/in flucnza/ seasonallswi ne t1ul

New York State Swine Flu (HIN1) hotline: 1-800-808-1987 New York City Residents call 311

Upon request, the PEF Health & Safety Department will provide factsheets. standards, regulations, and other resources. Contact us at 518-785-1900, ext. 254 or 1-8UO-342-4306. ext. 254. Also, visit our webpage at
www.pe{org.

Funded in part by a grant from the NYS Department of Labor Hazard Abatement Board Produced by the New York State Public Employees Federation Kenneth Brynien President Arlea Igoe Secretary-Treasurer

PEF Health and Safety Department

(800) 342-4306

x254 or (518) 785-1900

x254

Page 4