Mood:  on fire

Net,

Today I received a letter from Davis, aka Bitch, at NYSCOPBA advising that they have declared impasse. 

Diane notes that her buddies at the state bargained in good faith, there is a quantum leap right over a cliff there.  Must be Diane's payback to Seidel for the delay she cause in regards to picking the neutral for the last round of arbitration.  The proper statement for Diane's number one is the parties negotiated to impasse, faith, good or bad should not have been mentioned.

What happens at impasse, come on it is justification for delaying the process until the bonds the state invested in at the end of the last arbitration reach maturity.

What happens when impasse fails, either party may petition PERB for arbitration to justify further delay so that the bonds can mature and again we pay for our own raise which will summarily be taxed back to the State.

NOTE: regarding Diane's claim that issues are limited to compensation, i.e. salary , stipends, location pay and insurance benefits. REMEMBER, "CALL IN PROCEDURES", OR WHAT ABOUT THE STATUTORY 2 YR LIMITATION ON THE AWARD ITSELF?  OBVIOUSLY THE PANEL WILL HAVE NO PARAMETERS AND THE LEGISLATURE WILL MAKE SURE OF IT.

Why go to binding arbitration?  Well, If you have Hinman / Straub friend Amy McCarthy prepare the comparisons, salary, stipends and insurance, SHE WILL COMPARE US TO THE NYS TROOPAERS AGAIN AND GET HER ASS KICKED, AGAIN, LEAVING LARRY AND DIANE TO ONCE AGAIN MAKE A SECRET DEAL WITH THE STATE FOUR YEARS LATE and the Panel will swear to it. OH AND THE LAWYERS WILL PULL THE STRINGS FOR THIS. LOL

AND GET A LOAD OF THE NEGOTIATING TEAM PICTURE, the happy faces make me nervous, how about you? Natilie is smiling for the payday, what about the others?

NYSCOPBA AWARD, "THREE MORE YEARS."  HELL, YOU COULD INSTALL A NEW UNION RUN BY MEMBERS, NOT ATTORNEYS, IN TWO.

Dan Stuart

Mood:  don't ask

THE BITCH HAS BEEN BAD THE

INDEPENDENT IS JUST A RAG. 

THIS MAKES US MAD ESPECIALLY

VINNYCAUSE HE HAS BEEN HAD!

This is the Union you get when you

 vote for three of your four EB Heros

 who didn't care enough to go to E-

board meetings.  And, conspired

with Maureen Seidel to stall the

picking of arbitrators and slow

the arbitration process in

general, this would be Davis

vote her in again.

Dan Stuart

NYSCOPBA CONSTITUTION

ARTICLE IV

ARTICLE IV RESERVATIONS OF MEMBERS’ RIGHTS

                  The rights reserved to active members of the Association shall include, but are not limited to, the right to ratify any and all collective bargaining agreements for bargaining units in which the members are employed; the right to negotiating teams which fairly reflect the composition of the bargaining units which they represent; the right to ratify any and all amendments to this Constitution and Bylaws before such amendments become effective; the right to vote in the election of officers and officials so the Association, pursuant to the procedures contained in this Constitution and Bylaws; and the right to be polled prior to endorsement by the Associate of the candidates for political office.

MOTION WHICH COULD NOT HAVE BEEN UNCONSTITUTIONAL OR OUR OF ORDER:

January 22, 2008

No hacknet mail today. Anyone know what is going on?

Dan

Thursday, January 17, 2008

Bill Summary   -   A04870 Back | New York State Bill Search | Assembly Home See Bill Text A04870 Summary: BILL NO    A04870C   SAME AS    Same as S 333-B   SPONSOR    Aubry   COSPNSR    Weisenberg, Colton, Rivera P, Lupardo, Millman, Schroeder, Wright,            Kavanagh   MLTSPNSR   Boyland, Brook-Krasny, Diaz L, Latimer, Lentol, Lifton, McEneny,            Weinstein   Amd SS2, 137, 401 & 500-k, add S401-a, Cor L; amd S45.07, Ment Hyg L   Provides for residential mental health treatment programs for the purpose of providing treatment and rehabilitation for inmates; provides for assessment of inmates subjected to confinement for a period in excess of twenty-four hours; establishes oversight responsibilities of the New York state commission on quality care and advocacy for people with disabilities and authorizes such commission to monitor the quality of care in residential mental health treatment programs. A04870 Actions: BILL NO    A04870C   02/08/2007 referred to correction 03/13/2007 reported referred to ways and means 03/14/2007 amend and recommit to ways and means 03/14/2007 print number 4870a 03/29/2007 amend and recommit to ways and means 03/29/2007 print number 4870b 06/11/2007 amend (t) and recommit to ways and means 06/11/2007 print number 4870c 06/19/2007 reported referred to rules 06/21/2007 reported 06/21/2007 rules report cal.726 06/21/2007 substituted by s333b            S00333B AMEND=  NOZZOLIO            01/03/2007 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION            03/27/2007 AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION            03/27/2007 PRINT NUMBER 333A            04/24/2007 REPORTED AND COMMITTED TO FINANCE            05/22/2007 1ST REPORT CAL.1346            05/29/2007 2ND REPORT CAL.            05/30/2007 ADVANCED TO THIRD READING            06/07/2007 PASSED SENATE            06/07/2007 DELIVERED TO ASSEMBLY            06/07/2007 referred to ways and means            06/11/2007 RECALLED FROM ASSEMBLY            06/11/2007 returned to senate            06/11/2007 VOTE RECONSIDERED - RESTORED TO THIRD READING            06/11/2007 AMENDED ON THIRD READING (T) 333B            06/20/2007 REPASSED SENATE            06/20/2007 RETURNED TO ASSEMBLY            06/20/2007 referred to ways and means            06/21/2007 substituted for a4870c            06/21/2007 ordered to third reading rules cal.726            06/21/2007 passed assembly            06/21/2007 returned to senate            12/31/2007 DELIVERED TO GOVERNOR A04870 Votes: A04870 Memo: BILL NUMBER:A4870C   TITLE OF BILL:  An act to amend the correction law and the mental hygiene law, in relation to confinement conditions and treatment of convicted persons with mental illness   PURPOSE OR GENERAL IDEA OF BILL: To establish residential treatment programs that provide for the treatment and confinement of inmates with serious mental illness in a manner that is consistent with both the mental health treatment needs of such inmates and the safety and securi- ty of the facility.   SUMMARY OF SPECIFIC PROVISIONS:  Section 1 amends section 2 of the correction law by adding new subdivisions 21, 22and 23. Subdivision 21 defines residential mental health treatment programs. This program will be jointly operated by the office of mental health and the department of correctional services and will provide medically appropriate custodial care, supervision, treatment and, where appropriate, discipline, for inmates with serious mental illness. Subdivision 22 defines mental health clinicians to include psychiatrists, psychologists, and clinical social workers.  Subdivision 23 defines "Case Management Committees."   Section 2 amends subdivision 6 of section 137 of the correction law to exclude inmates with serious mental illness from isolated confinement related to inmate discipline or maintenance of order.   Section 3 amends subdivision 6 of section 137 of the correction law to provide for the assessment of inmates by mental health clinicians where such inmates are subject to isolated confinement related to discipline or maintenance of order. Where such inmates meet the criteria for seri- ous mental illness, they shall be removed and placed in a residential mental health treatment program or any other clinically appropriate program. A new paragraph (e) is added to this subdivision to specify the criteria that would require such removal. In addition, the superinten- dent is required to report to the commissioner on the mental health treatment or confinement of such inmates.   Section 4 amends correction law section 401 by requiring that residen- tial mental health treatment programs be established by the commission- er. These programs will provide clinically appropriate treatment for inmates while maintaining the safety and security of the facility. In addition, the department shall conduct forty hours of initial training for all correctional staff working in such residential mental health treatment programs. Eight hours of annual training shall also be given to all correctional staff department-wide.   Section 5 amends the correction law by adding section 401-b to provide for oversight of treatment and confinement of inmates with serious mental illness in all correctional facilities as defined in subdivision 4 of section 2 of this chapter by the New York state commission on qual- ity of care and advocacy for people with disabilities. The commission is directed to appoint a committee on psychiatric correctional care which   shall monitor compliance with this legislation.  The committee shall produce an annual report to the legislature describing the department`s compliance.   Section 6 provides that this legislation does not apply to local correc- tional facilities.   Section 7 makes a conforming change to the mental hygiene law.   Section 8 provides that this legislation shall take effect eighteen months after it shall have become law.   JUSTIFICATION: The incidence of serious mental illness among inmates within the state prison system has increased significantly in recent years. Currently, approximately 12 percent of the prison population, (approximately 8,000 inmates) is affected by serious mental illness. In addition, studies have shown that when this population is disciplined using solitary confinement, inmates engage in acts of self-mutilation and commit suicide at a rate three times higher than inmates in the general prison population. Furthermore, inmates with serious mental illness often experience a continuing cycle of mental deterioration in general population or when in solitary confinement, followed by periods of in-patient care in a psychiatric hospital, and are often returned to population or to solitary confinement. One correctional officer described inmates who experience this phenomenon as being "like a ping pong ball, bouncing between punitive segregation and Central New York Psychiatric Facility."   Other states have recognized the substantial psychological damage caused by isolation and have acted to restrict or exclude prisoners with seri- ous mental illness from the harsh and deleterious effects of punitive segregation. Passage of this proposed legislation would be meritorious on several levels. First, New York will join the ranks of other states that recognize the inhumanity and counterproductive nature of certain forms of punishment for inmates with serious mental illness.  Second, this bill will help ensure lower rates of recidivism and relapse when such prisoners are released from prison. Finally, this legislation will make our prisons easier to manage and safer for staff and inmates.   PRIOR LEGISLATIVE HISTORY: A8849 of 2003 and 2004, reported to ways and means; and passed Assembly, respectively. A.3926-A of 2006 passed assem- bly and senate and delivered to governor on 08/04/06. Vetoed on 08/16/06.   FISCAL IMPLICATIONS: The development of such facilities will require hiring additional treatment staff, require training for department staff and require retrofitting existing correctional facilities.   EFFECTIVE DATE: This legislation will take effect eighteen months after it shall have become law.

Mood:  irritated

The issue of of authorizing a four-year binding arbitration award is to be sent to the members for their vote as required by Article IV of the NYSCOPBA Constitution.  Before the leadership makes such agreement it has no authority to make under the constitution for the members.

**************************************************************************

Clearly the members kept for themselves the final word regarding any and all collective bargaining agreements, and it requires an agreement to authorize the arbitration panel to issue a four- year award. 

Section 209 of Article 14 the Arbitration statute in relevant part: Note: we are (f)

    where the parties to a public arbitration are those

 anticipated by the provisions of  [paragraph]  

paragraphs  (e) and  (f)  of  this  subdivision  [as 

established by chapter four hundred thirty-two of the 

laws of nineteen hundred ninety-five,] the  state  

and such  parties  may  agree  to confer authority to 

the public arbitration panel to issue a final and 

binding determination for a period up to and including 

four years.

TITLE I -- BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS

Bill of Rights

(29 U.S.C. 411)

SEC. 101. (a)(1) EQUAL RIGHTS.-- Every member of a labor organization shall have equal rights and privileges within such organization to nominate candidates, to vote in elections or referendums of the labor organization, to attend membership meetings and to participate in the deliberations and voting upon the business of such meetings, subject to reasonable rules and regulations in such organization's constitution and bylaws.

(2) FREEDOM OF SPEECH AND ASSEMBLY.-- Every member of any labor organization shall have the right to meet and assemble freely with other members; and to express any views, arguments, or opinions; and to express at meetings of the labor organization his views, upon candidates in an election of the labor organization or upon any business properly before the meeting, subject to the organization's established and reasonable rules pertaining to the conduct of meetings: Provided, That nothing herein shall be construed to impair the right of a labor organization to adopt and enforce reasonable rules as to the responsibility of every member toward the organization as an institution and to his refraining from conduct that would interfere with its performance of its legal or contractual obligations.

In relevant part:

N.L.R.B. v. JONES & LAUGHLIN STEEL CORP., 301 U.S. 1 (1937) 301 U.S. 1

Mr. Chief Justice HUGHES delivered the opinion of the Court.

Second. The Unfair Labor Practices in Question.-The unfair labor practices found by the Board are those defined in section 8, subdivisions ( 1) and (3). These provide:

'Sec. 8. It shall be an unfair labor practice for an employer-

'(1) To interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7 (section 157 of this title). ...

'(3) By discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization.' 4 [301 U.S. 1, 33] Section 8, subdivision (1), refers to section 7, which is as follows:

That is a fundamental right. Employees have as clear a right to organize and select their representatives for lawful purposes as the respondent has to organize its business and select its own officers and agents. Discrimination and coercion to prevent the free exercise of the right of employees to self-organization and representation is a proper subject for condemnation by competent legislative authority. Long ago we stated the reason for labor organizations. We said that they were organized out of the necessities of the situation; that a single employee was helpless in dealing with an employer; that he was dependent ordinarily on his daily wage for the maintenance of himself and family; that, if the employer refused to pay him the wages that he thought fair, he was nevertheless unable to leave the employ and resist arbitrary and unfair treatment; that union was essential to give laborers opportunity to deal on an equality with their employer. American Steel Foundries v. Tri-City Central Trades Council, 257 U.S. 184, 209 , 42 S.Ct. 72, 78, 27 A.L.R. 360. We reiterated these views when we had under consideration the Railway Labor Act of 1926, 44 Stat. 577. Fully recognizing the legality of collective action on the part of employees in [301 U.S. 1, 34] order to safeguard their proper interests, we said that Congress was not required to ignore this right but could safeguard it. Congress could seek to make appropriate collective action of employees an instrument of peace rather than of strife. We said that such collective action would be a mockery if representation were made futile by interference with freedom of choice. Hence the prohibition by Congress of interference with the selection of representatives for the purpose of negotiation and conference between employers and employees, 'instead of being an invasion of the constitutional right of either, was based on the recognition of the rights of both.' Texas & N.O.R. Co. v. Railway & S.S. Clerks, supra. We have reasserted the same principle in sustaining the application of the Railway Labor Act as amended in 1934 (45 U.S.C.A. 151 et seq.). Virginian Railway Co. v. System Federation, No. 40, supra.

New York Civil Service Law:

  Article 14, Section 202 Right of organization:  Public employees shall have the right to form, join and participate in, or to refrain from forming, joining, or participation in, any employee organization of their own choosing.

Summary:

The members absolutly have a right to vote to authorize a 4 year award, directly, not by assumed or self declared delegate(s). 

NYSCOPBA President threatens members at convention

            At their recent convention, held in Syracuse, N.Y. on December 12, 2007, the President of the New York State Correction Officers P.B.A. (NYSCOPBA) threatened a chief Sector Steward who represents Great Meadow Correctional Facility located in Comstock, N. Y. both physically and by withholding needed union representation.

            The Chief Steward made the mistake of questioning the President earlier in the day during the convention, which is discouraged under the current regime.  An unidentified source stated, “I thought that was what these conventions were for, to ask question sand gain information for our members.”  Maybe other Unions’ conduct their conventions as a way to gather information and ask questions, but not NYSCOPBA.  It has bee learned that this President does not like his authority questioned in any way and becomes quite revengeful to anyone who doesn’t agree with him or his cronies.  The President was aware that the Chief Steward along with a dozen officers from Great Meadow C. F. have pending charges and need the Unions’ assistance in protecting their jobs.

            Later in the evening/ reportedly with the help of generous amounts of liquor, the President approached the Chief Steward and made a slurring comment concerning the upcoming chares pending against him an his members.  The President went on to remind the Chief Steward that no union help would be available to him or his members on their current interdepartmental charges unless he stops asking questions at the microphone, Witnesses have stated that the Chief Steward stood his ground and was more concerned about his members losing their jobs than his own.  The President then staggered towards a much younger and larger man who did not cower from the President’s extended pointing finger.  The President, who is reportedly used to his members being intimidated in his stoic persona and voting the way he tells them, was not sure what do next.  Having not had a Chief Steward question his authority he reportedly reverted to physically intimidate his much stockier foe, who immediately accepted the President Challenge to step outside.

            With hands raised and adrenalin pumping, both men were ready to go.  The old President seemed to have some life breathed into him with the cold Syracuse air entering his lungs, but that moment was short lived.  Within three seconds the President’s lack of physical confrontations going this far was clearly evident.  The past six years of not working in a correctional facility and parting wit the attorneys had eroded the aggressiveness he once displayed in his younger years.  The slow cocking movement of the President’s right arm recoiling was all he could muster in preparation to receive his penance.  Many thought’s entered the President’s mind in that spit moment.  He reportedly yelled, “Where are the attorneys to protect me?” just as an explosive overhead right snapped his head backward.  His three-year reign by total control now lay on the snow covered parking lot of the Holiday Inn wit no one to protect him or help him up.

`           The cheering by the others attendees was venting three years in the making and a clear sign that there will be a new President in six months after the upcoming elections.  A single blow from a young Chief Steward, not yet tainted, who was standing up for the men and women he represents ended a bully’ attempt to end their careers.  That one knockout punch seemed t be symbolic for all NYSCOPBA members who for three years have been ruled under “Larry the recording secretary and lawyers who govern through intimidation, NYSCOPBA’s regime of ruling by fear is now over.  This young man from Great Meadow demonstrated to all Chief Stewards that they need not fear questioning their tyrant executive board.  It’s not only their right to question, but it’s their duty.