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September 28, 2011

Statement from director of state operations Howard Glaser on PEF vote rejecting the negotiated agreement between the State and the Public Employees Federation [PEF]

Statement from director of state operations Howard Glaser on PEF vote rejecting the negotiated agreement between the State and the Public Employees Federation [PEF]

In a press release issued by the Executive Chamber on September 28, 2011, Director of State Operations Howard Glaser said:

"Today's vote [in which the membership rejected the proposed negotiated agreement] represents a failure by PEF's leadership to effectively communicate the benefits of the contract to its members as CSEA's leadership did. Layoffs could still be avoided if PEF clearly articulates to its members the benefits of the contract as well as the consequences of rejection and schedules a revote. We spent months working with PEF's leadership and reached an agreement. We now find out that they do not truly represent their membership.

”Members of the Civil Service Employees Association (CSEA), who agreed to a layoff protection as part of their ratified collective bargaining agreement, will not be subject to the approximately 3,500 layoffs that will begin today."

With respect to the ratification process of a proposed Taylor Law contract reflecting the agreements and understanding between the negotiators representing the employer and the employees in the unit, in Matter of Copaigue Union Free School District, 23 PERB 3046, PERB addressed the duty of negotiators to recommend ratification of a proposed agreement and held that "the failure of negotiators affirmatively to support an agreement is in violation of the Taylor Law unless the negotiators had advised the other party in advance that they would not give such support."

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com