Region One ECOs Support Wounded Warriors
On July
25 Region One ECOs supported a fund-raiser for disabled war veterans by participating
in a 25-mile bicycle ride beginning in Babylon Town. The riders for the Wounded
Warrior Project were made up of law enforcement and emergency personnel from
Long Island and the NYC metro area. Donations to fund the ECOs' participation
were provided by Council 82's Local 1873 and the NY Conservation Officers
Association. It was a natural fit for some of the DEC participants who serve
regularly as bicycle patrol officers. Bike patrols are used by ECOs to monitor
local hunting and fishing areas, including state lands, local docks and piers,
park lands, and other open spaces.
SECURITY SUPERVISORS UNIT INTEREST ARBITRATION UPDATE 8-19-2008
Click Here (DOC)
2003-2005 Full Opinion and Award for the Security Supervisors Interest Arbitration
Click Here (PDF)
July 9, 2008 - Security Supervisors Unit - Interest Arbitration
Click Here (PDF)
ALBANY POLICE OFFICERS UNION INTEREST ARBITRATION AWARD: COURT ACTION FILED TO CONFIRM ARBITRATION AWARD
On May 13, 2008 an application to confirm the interest arbitration award between Albany Police Officers Union and the City of Albany was filed with Albany County Supreme Court. The application seeks to confirm the award which by operation of law converts the award into a judgment. If the City of Albany fails to make payment on the award in expedient fashion, steps will be taken to enforce the judgment on the award along with any other legal remedies available including interest. The matter is returnable before the court on May 23, 2008. Please note this date may change at the direction of the Court. We will keep you informed as this matter develops.
ALBANY POLICE OFFICERS INTEREST ARBITRATION AWARD ISSUED
The Panel in the interest arbitration between the City of Albany and the Albany Police Officers Union, Local 2841 of Council 82 has issued its award, which concerns the period of January 1, 2006 through December 31, 2007. Click the link below to view the award. Special meetings of the Local, at which representatives of Council 82 will be in attendance, will be held on Thursday, May 8, 2008 to discuss the award and the implementation of its terms.
Click Here (PDF)
Pending Interest Arbitration: Security Supervisors Unit
Click Here (PDF)
News Alert: Budget will keep four NYS correctional facilities open
3/31/2008
Reports indicate that four correctional facilites in New York State that were expected to be closed as a result of the 2008-2009 Executive Budget will remain open. Governor David Paterson has agreed not to close four upstate prisons including the Pharsalia and Gabriels correctional camps, the medium security Hudson Correctional Facility and Camp McGregor, the minimum security camp at Mt. McGregor Correctional Facility. Council 82 will keep you updated as more information becomes available.
Security Services Supervisors Arbitrator named
As soon as Council 82 negotiates dates, they will be posted.
Click Here (PDF)
Lieutenant Seniority List - Statewide as of 5/08
Click Here (PDF)
PERB Administrative Law Judge finds City of Albany unilaterally imposed
work rule concerning off duty consumption of alcohol in violation of the Taylor
Law; orders City to rescind work rule.
Click Here (PDF)
MEMBER IN NEED!
Click Here (PDF)
Albany Police Officers Union Local 2841 Wins Improper Practice Case at PERB
Concerning Compensatory Time Off; City Ordered to Rescind New Policies, Return
to the Prior Practice, and Make Affected Members Whole.
Click Here (PDF)
Security Supervisors' Demand for Arbitration
Click Here (PDF)
Governor Spitzer released the 2008-2009 Executive Budget on January 22,
2008.
Highlights:
Correctional Facility Closures. Reflects the previously announced closure of underutilized prison facilities including the Hudson medium security facility, Camp Pharsalia, Camp Gabriels, and the Camp at Mt. McGregor, saving $10.4 million in 2008-09, and $33.5 million on a full annual basis. Nearly $30 million in major capital construction projects are avoided as well.
Please click on the following links for additional information:
Budget Initiatives: http://publications.budget.state.ny.us/eBudget0809/fy0809littlebook/BudgetInitiatives.html
Public Safety: http://publications.budget.state.ny.us/eBudget0809/fy0809littlebook/PublicSafety.html
State Workforce: http://publications.budget.state.ny.us/eBudget0809/0809_Workforce.html
Security Supervisors to Demand Binding Arbitration
Click Here (DOC)
ALES Contract Update 1/9/08
Click Here (PDF)
Albany Police Officers Union, Local 2841 and City of Albany Interest Arbitration.
Click Here (PDF)
Governor Spitzer Recommends Correction Facility Closings 1/11/2008
On Friday, January 11th, 2008, at about 10:55am, Council 82 President James
Lyman received a telephone call from Governor Eliot Spitzer informing him
that four correctional facilities were going to be closed. The reasons stated
for the closings were inmate population was again down, and the costly repairs
needed at these facilities. The Governor also stated that these closures would
affect 12 Council 82 members
Governor Spitzer stated that Commissioner Brian Fischer would be contacting
Council 82 to set up a meeting to debrief the proposed closings.
At about 11:00am, Commissioner Fischer contacted Council 82 and invited us
to a meeting at his office at 11:45am.
President Lyman and Kathy McCormack attended this meeting, along with the
other affected Union leaders. At this meeting, Commissioner Fischer detailed
the proposed closings and provided the attached posted written information.
On this web site, you will find the letter to me, a DOCS fact sheet, a breakdown
of the employees affected at each of the facilities to be closed, and a three
page press release that DOCS released while we were attending the meeting.
Commissioner Fischer also stated that at each of the facilities affected,
the staff was being addressed in regards to these proposed facility closings,
at the same time that we were meeting.
The Commissioner stated that an updated statewide vacancy list will be provided
as soon as possible, so individuals can make informed decisions, and to alleviate
any undue stress that this announcement may cause.
Council 82 is discussing with their legal advisers, as well as with AFSCME,
the ramifications of these proposed facility closings, and will keep you apprised
as information is developed. Local 2951 President Don Balint has been fully
briefed on this developing situation, and your Local and Council 82 will take
all appropriate measures necessary to protect your rights and interests in
this matter.

Read attached correspondence regarding
closings »
Vision Plan for Council 82 State Employees
Click Here (PDF)
**** Dated 1/3/2008
NYS Security Supervisors Unit
A mediation session was held on December 28, 2007 at the Public Employees Relations Board (PERB) both the State and Council 82 discussed their positions on resolution of this contract to the mediator (Richard Curreri) giving him an understanding of our current position. We explained our need to finalize this in a timely fashion. Our next session is scheduled for January 18, 2008 hopefully we will have more information after that session.
Richard Stevens
Staff Director
Apology to NYS Environmental Conservation Officers
While transcribing ECO to Environmental Conservation Officers in the latest issue of The Shield, I made a big mistake which I will not repeat. Sorry if I offended anyone, it was an error on my part and certainly not intentional. Kathy McCormack
Decision on Improper Practice Charge
City's Proposal Advanced to Interest Arbitration
Click Here (PDF)
Decision of Administrative Law Judge
Click Here (PDF)
Update on ALES Negotiations 12/19/2007
Click
Here (Doc)
New York State NYSHIP Prescription Info
Click here (PDF)
Dates for Payment of Uniform Allowances for ALES & Security Supervisors
Units
Click here (PDF)
Security Services Supervisors Unit - NEW CONTRACT INFORMATION
MEDIATOR NAMED
Albany Police Officers Union, Local 2841 and City of Albany
Interest Arbitration
NYS CORRECTION LIEUTENANTS - NEW CONTRACT INFORMATION
MEDIATOR NAMED - DATES FOR MEDIATION TO FOLLOW
Council 82 Strategic Plan
>> (click for more)
New York State Open Transfer Health Insurance Information for 2008
Click Here (PDF)
Clarification of Chapter 625, pension credit for police from 30 to 32 years.
Chapter 625 increased the number of years that may be used to calculate a tier 2 service retirement benefit from 30 to 32. This will increase the maximum tier 2 service benefit for those officers covered by a 20 year retirement plan from 67% of final average salary to 70%. For those in a 25 year plan, the increase is from 58.33 % to 61.66 %.
New York Point & Insurance Reduction Program
Defensive Driving Course 8/6 Program Instructed by James Teller
APD (retiree)
New York Point & Insurance Reduction Program
Click here for more info >>
NEW YORK STATE NON-NETWORK SCHEDULE - EFFECTIVE 1/1/08
Click Here - (PDF)
Council 82 has agreed with the State of NY to a Memorandum of Understanding concerning Public Officers Law # 63.
Council 82 has agreed with the State of NY to a Memorandum of Understanding concerning Public Officers Law # 63. This memo gives veterans an option to receive pay or time for Memorial, Veterans and Independence only. Because of the time constraints involved it will hopefully be applicable on July 4, 2007.
See MOU (Doc)
Voluntary Life Insurance
LAW ENFORCEMENT OFFICERS UNION COUNCIL 82 & DN INSURANCE AGENCY LLC DEVELOP VOLUNTARY LIFE PLAN FOR MEMBERS AND THEIR FAMILIES
Understaffing Real Concern to State Park Police
The union representing New York State Park Police Officers, Local 2796, Council
82, AFSCME, AFL-CIO are extremely concerned with a decline in patrol coverage
in our state parks...
Download full press release
(Word Doc)
New Military Leave Policy
Click
Here (PDF)
Correction Sergeants Who Became Lieutenants-RECALCULATION OF SALARY WHEN
THERE IS MOVEMENT BETWEEN BARGAINING UNITS WITH DIFFERENT RAISES
When an employee has movement between bargaining units in a fiscal year where
the percentage increases differ, the salary in the new position is recalculated,
exclusive of any performance advance already paid during the fiscal year,
to reflect the general salary increase that the employee would have received
had they been in the new unit at the beginning of the fiscal year.
PERB Decision on Fragmentation of Non-Binding Arbitration Titles from
NYSCOBPA
Download Memo - click here (PDF)
Health Insurance
MOU for SSU dated 10-24-06 - click here
New Military Leave Policy
Click Here (PDF)
NYSCOPBA Fails to Negotiate Contract For Non-Binding Arbitration Titles; Larry Flanagan tries to blame other unions; Council 82 Responds
Letter from Flanagan (PDF)
Response by President Lyman
(PDF)
July 20, 2006 - NEW YORK STATE HEALTH INSURANCE UPDATE
Click Here to view letter (PDF)
The recent increases for Health Insurance were not supposed to affect ALES or Security Supervisors. G.O.E.R. has sent the attached letter which should stop the additional payments. We will be working with them in order to get any additional payments returned to the member. Council 82 will inform you of the dates for implementation of any increases for health insurance when they are negotiated with the state.
Important Recall Decision for State Units
We recently litigated and won a very important case on the issue of recall and court time. The following is a synopsis of the history of the issue, the facts of the case and the ruling by the arbitrator.
In 1994 Council 82 won an arbitration wherein the Arbitrator ruled that unit
members who attend court appearances outside of their regularly scheduled
shift, even those known and scheduled in advance, were entitled to recall
pay in accordance with Article 15.2 of the Agreement. In 2004 University Police
Officer Michael Mabee was told that in order to receive his full four hours
of recall, he would have to remain and work the entire four hours; if he chose
not to stay, he would be paid only for actual overtime worked. He thereafter
filed a grievance.
At the arbitration hearing, the State tried to relitigate the issue of whether
or not scheduled court appearances should be paid as recall. The Union argued
that the matter had already been decided in 1994 and that the State should
be precluded from trying to relitigate the issue. The State further asserted
that they had the right to make work for the balance of the four
hours, while the Union argued that that was never the intent of the provision,
nor has it been the practice. Since the parties never bargained a make-work
provision, the State could not now impose it.
The arbitrator agreed with the Union on all counts, and sustained the grievance.
In essence, the rules regarding court overtime and recall are as follows:
1. Court appearances that are scheduled for off-duty hours (except those that
occur contiguously with the regular shift hours) are to be paid at a minimum
of four hours at the overtime rate.
2. The employer CANNOT require an employee to work the entire four hours in order to receive recall pay.
I am attaching a copy of the Mabee decision for your review. If you have any
questions, please do not hesitate to call.

