MVCC Professional Association

Grievance Report
by Dawson McDermott

How do bargaining unit members know when they should request a union representative be present? This has been a question debated time and time again. Below is an explanation of the Weingarten Rights Bill recently signed by Governor Spitzer:

Weingarten Rights Bill, Ch. 244, L. 2007

On 7/18/07 Governor Spitzer signed legislation codifying "Weingarten" rights for public sector employees in NYS.The new legislation amends the Taylor Law to add a new improper employer practice:"It shall be an improper practice for a public employer or its agents deliberately...to fail to permit or to refuse to afford a public employee the right, upon the employee's demand, to representation by a representative of the employee organization, or the designee of such organization, which has been certified or recognized under [the Taylor Law], when at the time of questioning by the employer of such employee it reasonably appears that he or she may be the subject of a potential disciplinary action."

Note that the employee must demand such representation, and the employer need not notify the employee of his/her right to demand representation.Also, the representative must be a representative of the employee organization (e.g., the union) or its designee.The employee cannot demand that the representative be another employee (who is not a union representative) or be a private attorney, friend, family member, spiritual advisor, or other advisor with no connection to the union.

Such representational rights, however, apply only to investigations made by employers and expressly do not apply to criminal investigations.

What is discipline action? The standard operating procedure by the College is to notify the Union of a possible discipline meeting and that a representative should be present. At that point in time, the College has determined an action towards discipline.

There have been times throughout my tenure as Grievance Chair that meetings with bargaining unit members and the College have occurred, and the College has not deemed them to be disciplinary. However, the meetings were perceived to have a disciplinary tone, or the word discipline may have been used and yet Union representation was not allowed even though a Union representative was requested. This is a serious matter.

It is in the best interest not only of a bargaining unit member, but also of the College that a Union representative is allowed to be present at such meetings when demanded. This ensures that the bargaining unit member is protected and helps avoid the heresay issues. When a Union representative is brought in, the College is also allowed to bring in its representative, the Director of Human Resources.

The Bill includes the following: “...when at the time of questioning by the employer of such employee it reasonably appears that he or she may be the subject of a potential disciplinary action."

“Reasonably appears”….this is the fine edge of the knife. What a bargaining unit member perceives can be entirely different from what the employer is trying to accomplish. This becomes a judgment for the bargaining unit member as to whether or not to request representation. In such a situation, the College does not have to notify the bargaining unit member of his/her right to demand representation. Only in situations where the College deems the action to be disciplinary will they notify the Association and the bargaining unit member of his/her rights for representation.

It is important the bargaining unit members understand their rights. This bill is very important to Unions, but to the College as well. It lays a foundation for how to handle such situations that may arise in the future.

First, an improved system was put into place to ensure that new members would know when to sign up for benefits and to encourage them to do so in a timely way. Prompt processing of changes to member information, such as adding or removing dependents, will also be easier with this new system. As a team, Database Manager Norma Chrisman, Secretary Marie Czarnecki, Treasurer Mike Donaruma, and I developed this plan in September and reported it to the rest of the Fund Trustees at our meeting in early October.

In line with that, our database costs are being analyzed. The programming and reporting of member data is done securely through our website and through special encryption software. The PA website is used jointly by the Fund and the Association, so costs will be shared proportionately once this analysis is completed.

During the weekend of October 12-14, at the Regional Leadership Conference in Alexandria Bay, the Trustees who were attending the conference met with NYSUT Benefits Fund representative Laura Calhoun to review the NYSUT-endorsed benefits being offered in the 2007-2008 plan year and discuss possible additions to the benefits offered through the PA Fund. Lower cost options such as Legal Service and Health Advocate plans were explained and considered. This information will be shared with all the Trustees at our next meeting.

Among other discounts, NYSUT Member Benefits offers an Office Max Retail Connect Card for use on in-store and online purchases. We have requested enough cards for our membership and hope to distribute them at the January luncheon.

By now, you should have received the new edition of our Benefits Fund Questions and Answers booklet. If not, please contact me and I’ll send one to you.

Way back in August, during our first full week before classes, the Political Outreach Committee got together to interview candidates for the Oneida County Board of Legislators. You know, the folks that approve our budget. We all met down at the NYSUT headquarters in New Hartford. Our presence was a gentle reminder that we are a part of an organization that contains over 500,000 members statewide and we tend to vote quite a bit. "I get by with a little help from my friends!"

Our job was to get to know these people and, as importantly, have them get to know us, our needs, and our concerns. We reminded them of the PA’s commitment to our members, the overall college, and our educational mission, which we see as vital to the future wellbeing of the entire county. Happily, each candidate shared that sentiment. I guess that was pretty smart of them since they were asking for our endorsement! But hey, the fact that they were asking does suggest we have some political "juice" when we vote as a collective body.

During the free-flowing "interview" process the prospective candidates shared their vision for the county’s future and the role they see us playing to realize it. I guess the thing that was really gratifying was that they all seemed to have a connection to MVCC in one way or another. They were grads, or their spouse was a grad, or their kids were attending, or a friend worked here, or co-workers attended—or, well, you get the picture! We have taught a whole lot of folks who help make this area go. It made me proud to be a part of the MVCCPA and all the good work we do.

When the dust settled after election day, the PA was a perfect 11 for 11, including our backing of the victorious MVCC alum Anthony Picente as County Executive. That is 11 elected officials whom we have talked with, shared ideas with, and have a rapport with. Good stuff that can only help us when decisions are being made about our college in the local government!

A big shout-out of thanks to all the members of the committee and our tireless union president. Thanks, Ellis, for never getting tired of pitching our case to whoever will listen. Thanks also to Bill Perrotti, Lew Kahler, Bill Zogby, and Dan Ianno for taking time out of really busy schedules to be available. A special thanks to Lorie Phillips for arranging all the scheduling of candidates, interviewing candidates, and running out to get food when we went from about 5:45pm to 10:00pm on a couple of nights. As for me, at the risk of appearing immodest, I did one hell of a job making sure all the pizza got eaten!

If you’ve already sent your pledge form, thank you. If you have not yet done so, I hope you will consider making a contribution this year to our local United Way. The Professional Association is joining together with the rest of the College community in support of this important annual effort.

Each year, more and more of our neighbors, family members and friends need the help that is provided by the many programs that depend upon our generosity for their very survival. The United Way of the Valley and Greater Utica makes focused investments in our community. The Community Impact Fund concentrates on addressing our area’s most challenging issues within five key solution areas:

We are solicited year round by charities and organizations that want our help with special causes and programs. But just once a year, through this workplace campaign, we have an opportunity to participate in a charitable giving program that represents the needs of a whole spectrum of charitable organizations and the men, women and children of our community that they serve.

This year a $1.00 a week step up campaign has been initiated. If every donor gives just one more dollar a week, the United Way would realize an increase of $1,000,000. What can fifty-two dollars do?

Please keep in mind the individuals and services your dollars help support, and give as much as you can.