NEGOTIATIONS 2003 FAQ's

DECEMBER 18, 2002

When does the current PEF Contract expire?

The NYS/PEF Contract expires at 12:01 a.m. on April 2, 2003.

When will PEF and NYS begin negotiating for a new contract?

Bargaining will likely begin in late January, 2003.

Who represents PEF at the bargaining table?

President Roger Benson appointed a 13 member contract team representing broad geographic, professional, cultural and other interests many months earlier than traditionally done so that the team would be fully prepared.   The team is supported by professional labor relations experts.

What happens if there isn’t a new contract on April 2, 2003? Will I lose any benefits?

PEF has been successful over the past several negotiations in removing many significant “sunsets” from the contract. A “sunset” provides that a particular benefit ceases with the expiration of the contract or at some other agreed upon time. Benefits that do not “sunset” must continue. This is a New York State Taylor Law protection.

At this point we anticipate that all benefits including salary, health insurance, prescription coverage, dental coverage, performance (longevity) awards for those who currently earn them, performance advances, travel reimbursements, standby/on-call pay, etc. will continue. 

            Although the State could continue the following benefits, history tells us that they will instead target these as “sunsets” and suspend them:

·        The tuition reimbursement, PSWP and PSTP programs;

·        Family Benefits Committee programs including the employer contribution to DCCAA accounts (the first impact of this “sunset” occurs in January 2004);

·        Annual vision exams and glasses for adults with medical conditions affecting vision (these individuals will then be covered by the 24 month benefit available for other adult vision plan participants);

·        Funding for reimbursement for personal property damage provided by Article 27.2 of the contract;

·        Employees who first accrue eligibility for a performance award after April 1, 2003 may not receive them (although the parties have an unresolved dispute over this).  Employees eligible for a performance award before April 1, 2003 will receive it in April 2003, and thereafter, as long as they remain eligible;

·        In addition, although the VRWS program no longer sunsets, during the last round of bargaining we did see an increase in discretionary denials of requests for new individual VRWS agreements following the expiration of the contract.

How does PEF determine its bargaining demands?

            We have surveyed our members and leaders via e-mail and The Communicator.  In addition, the contract team has met with the membership to get their input first hand at over 50 contract meetings across the State.

Is PEF prepared for these negotiations?

            PEF is the best prepared it has ever been for bargaining. We have been busy since the last contract settled. Specific actions PEF has taken that will improve our position in bargaining include:

• President Roger Benson appointed a contract team that represents broad geographic, professional, cultural and other interests many months earlier than traditionally done so that the team would be fully prepared. 

• PEF has surveyed its members via e-mail and The Communicator and the contract team has met with the membership to get their input first hand at over 50 contract meetings across the State.

• PEF’s political action program is at its strongest point in our history. For the first time in 12 years, PEF has endorsed the Governor who will be negotiating with us.  In addition, PEF successfully endorsed the victors in all three Statewide races and in over 95% of the legislative contests. The Legislative Department’s budget has been doubled and we have seen more PEF sponsored bills become law in the last five years than in the entire 20 years before, including the most significant pension improvements in history. 

• Since the last contract negotiations, PEF has created a multi-million dollar contract war chest to be used exclusively to improve our chances of obtaining a just contract.

• In the last 18 months, over half of PEF’s 227 Divisions have become fully mobilized and are now ready to more effectively assist in a contract fight. 

• Over the last two years, PEF has built its capacity to communicate with the touch of a button via e-mail and now has over 9000 home e-mail addresses in its PEFOnline database.

• As a result of PEF’s leading the fight in the last contract round, PEF earned a deserved reputation of being a formidable opponent and/or friend. This will serve us well in the upcoming bargaining.

What are PEF’s major goals in the upcoming negotiations?

            Raises in each and every year of the contract, correct the disparity between members in PEF getting 10 days of sick leave while others in both PEF and other unions get 13 day per year and successfully fend off any significant concessionary demands by the employer in the health benefits arena.

What role do PEF members like me play in contract negotiations?

            Responding to the PEF Negotiations Team “call to action” is the primary role of each PEF member. 

Bargaining success (i.e., a fair and just settlement) is the result of a partnership between the negotiators and its membership. As we saw in the last round of bargaining, a success at the bargaining table results from actions away from the table.

            Competently arguing proposals, keeping the membership informed, leading the fight where necessary and responding to “calls to action” issued by the PEF leadership are significant components of this partnership.

How bad is the New York State economy?

            The New York State economy is in its worst condition since the depression (i.e., $8– $10 billion deficit likely in 2003-2004).  The success of our negotiations and the maintenance of our members’ job security are directly related to our getting more money into the State coffers.

            All members and leaders need to understand the PEF platform on raising revenues and with this information convince their respective NYS legislators to implement the needed two-year .007% tax surcharge on adjusted gross income over $100,000 legislation. 

PEF has made as one of its priorities a raise in each and every year of the contract. Is this reasonable in the context of the economic climate?

            Since 9/11/01, significant raises have been negotiated for most employees in the New York State public sector including firefighters, teachers, health care workers, police, college professors, school district employees, county and city employees, etc. Most recently, the Federal government announced a 3.1% raise for its employees in 2003.  Just

as these working people deserved at least a cost of living raise, so do PEF members and other New York State employees.  We reject the $1,000 first year bonus recently accepted by the New York City Transit Workers Union as a zero and will negotiate more patiently to achieve no zeros.

Our dental plan is terrible. What are the negotiators going to do about it?

            There was one issue heard in virtually all of the contract meetings--the inadequacies of the dental program.  Lack of providers coupled with insufficient reimbursements for using non-providers were the central problems raised.  Your negotiators have heard you and will bring these matters to the bargaining table.  

What about “pay equity”?

            Depending upon their title and work location, PEF members point to differences in pay with other similarly situated employees. Common comparison groups that the team heard in the regional contract meetings included the prison guards, Thruway Authority engineers, CSEA members, contractors, consultants, and similarly graded State employees who work in regions of New York State where the cost of living difference is significant (i.e., upstate vs. downstate).

            The contract team is committed to explore resolution of these differences in the upcoming bargaining with New York State.

What is the “pattern” and why is it so important?

            PEF is one of more than a half dozen unions negotiating with the State of New York for employees of the State. The largest union negotiating with the State is CSEA representing 77,000 employees. A wage pattern set by CSEA, if ratified by their membership, will result in the pattern being set and “applied” to PEF represented employees. The reason is simple. A wage pattern accepted by a large number of employees is used as the foundation by the State before the public, and ultimately the legislature, to paint as “unreasonable” demands of other State employees for a greater across the board raise.    

How do we prevent a poor pattern from being established?

            In a significant change of philosophy, PEF will formally fight the establishment of a bad pattern. We will do this by using our resources to educate the members of the union that is attempting to create a bad pattern and encourage them to vote the bad deal down.

The prison guards have a right to go to binding arbitration. Could an arbitrator’s decision for the guards be a “pattern” that affects us?

            Yes. NYSCOPBA represents about 25,000 New York State employees. Like CSEA, they are a potential pattern setter. Since the last round of negotiations, NYSCOPBA has been provided the right to go to binding arbitration. This change in the State/Union negotiating dynamic is significant.

            If PEF believes that the arbitrator for NYSCOPBA would set a better pattern than the State is offering to us in negotiations, we will wait for the NYSCOPBA/NYS arbitration result and then fight for the pattern set by the arbitrator. This wait may require extreme patience and we must all be ready to do what it takes to achieve a just contract. 

I want to stay informed throughout negotiations. What is the best way?  

            Regular updates on the bargaining process will be posted on the PEF website (www.PEF.org), e-mailed to those on the PEFOnline@pef.org distribution list and posted in the monthly Communicator.

If you do not currently get PEF’s weekly AIM (Active Informed Member) updates, sign up today by sending your home e-mail address and name to PEFOnline@pef.org.