News
Updates
CONTRACT NEGOTIATIONS
The negotiating team is preparing to return to the table with UCS in May; all other Unions representing court employees also have negotiating dates, however not until June and July. As discussions move forward, we will keep members posted as negotiations progress.
IMPROPER PRACTICE
The Administrative Law Judge assigned to hear the Improper Practice Charges the Court Unions brought against UCS last Fall, consolidated all of the cases and hearings began on April 5th. They will continue on April 12 and 13; additional days will most likely be necessary due to the sheer volume of witnesses from the Unions and OCA respectively. The hearings began with testimony from CSEA’s witness followed by a witness from SCOA. Unlike the court system, PERB case decisions are typically not issued quickly and particularly where issues are complex, as in the Unions’ case before PERB. Again, we will keep you posted as the case progresses.
COURT CONSOLIDATION
As you may be aware, the UCS has gotten both chairs of the Senate and Assembly judicial committees to sponsor their bill to consolidate the UCS. Neither bill insures job security for non-judicial court employees, a big issue for CSEA. In addition to Court Unions objecting to the bills, several group of judges have lobbied in opposition to these bills. As always, we will keep you informed as more information becomes available.
UNVACCINATED EMPLOYEES
53 unvaccinated CSEA members received notice on 3/21/22 that if they did not become vaccinated by 4/4/22, they would receive a final termination notice shortly after 4/4/22. If you did receive a vaccination between 3/21/22 and 4/4/22 be sure to upload that information immediately using the UCS portal on your notification. If you are not planning on being vaccinated, OCA has informed CSEA that you will be receiving a final termination notice and the date of termination will be the close of business the date on the letter provided. Once you receive that final termination notification, please send a copy to your Local President and a class action grievance will be filed on your behalf. For those who are eligible to retire in lieu of being terminated, OCA has indicated that if you provided proof by cob 4/4/22 that you would be retired effective on or before 4/19/22, you would not be terminated—if you did apply by 4/4 please supply copies of your retirement application to insure a smooth transfer from Court employment to retirement. If there is a problem, please contact your Local President.
SICK LEAVE BANK
The CSEA Sick Leave Bank open Enrollment period begins March 17, 2022. If eligible and interested in enrolling, complete the attached enrollment form and scan your submit your application to your local HR department– submission of the original form is not required. Enrollment forms must be received no later than April 13, 2022. If you are already a member of the bank it is not necessary to reapply. The annual contribution charges for 2022 have been waived.
INCREMENTS / LONGEVITY and SLED PAYMENTS
CSEA has been notified that increment payments as well as SLED and Longevity payments will be reflected in the April 27th, 2022 pay advice.
IRVING FLAUMENBAUM SCHOLARSHIP
Every year, our union offers eighteen $1,000 Irving Flaumenbaum Memorial Scholarships to the dependent children of CSEA members who are graduating high school seniors, three in each of our six regions. We also have two additional college scholarship opportunities available through the same application form. You can download this year’s application form at: https://cseany.org/scholarships, where you can also download a poster to print and post around your workplaces. The deadline for submitting scholarship applications is April 15, 2022.
REGION 5 SCHOLARSHIP
Attached is the 2022 Region 5 Scholarship application and flyer to promote across your workplaces. The deadline for applications to be submitted is April 15. These will also be posted on https://cseany.org/r5 this week. You can also view more union scholarships at https://cseany.org/scholarships.
MICHAEL D. CARRAWAY SCHOLARSHIP
It is with great pleasure CSEA Judiciary Local 334 announces the 2022 Lt. Michael D. Carraway Memorial Scholarship Program. Graduating seniors who are a child or legal dependent of a court employee represented by CSEA Judiciary Local 334 and will be attending an accredited institution of higher education are eligible to apply. All applications must be received by April 15th.
*These scholarships are another member-only benefit for belonging to New York’s Leading Union.*
Updates
SICK LEAVE BANK
The CSEA Sick Leave Bank open Enrollment period begins March 17, 2022. If eligible and interested in enrolling, complete the attached enrollment form and scan your submit your application to your local HR department– submission of the original form is not required. Enrollment forms must be received no later than April 13, 2022. If you are already a member of the bank it is not necessary to reapply. The annual contribution charges for 2022 have been waived.
INCREMENTS / LONGEVITY and SLED PAYMENTS
CSEA has been notified that increment payments as well as SLED and Longevity payments will be reflected in the April 27th, 2022 pay advice.
IRVING FLAUMENBAUM SCHOLARSHIP
Every year, our union offers eighteen $1,000 Irving Flaumenbaum Memorial Scholarships to the dependent children of CSEA members who are graduating high school seniors, three in each of our six regions. We also have two additional college scholarship opportunities available through the same application form. You can download this year’s application form at: https://cseany.org/scholarships, where you can also download a poster to print and post around your workplaces. The deadline for submitting scholarship applications is April 15, 2022.
REGION 5 SCHOLARSHIP
Attached is the 2022 Region 5 Scholarship application and flyer to promote across your workplaces. The deadline for applications to be submitted is April 15. These will also be posted on https://cseany.org/r5 this week. You can also view more union scholarships at https://cseany.org/scholarships.
MICHAEL D. CARRAWAY SCHOLARSHIP
It is with great pleasure CSEA Judiciary Local 334 announces the 2022 Lt. Michael D. Carraway Memorial Scholarship Program. Graduating seniors who are a child or legal dependent of a court employee represented by CSEA Judiciary Local 334 and will be attending an accredited institution of higher education are eligible to apply. All applications must be received by April 15th.
*These scholarships are another member-only benefit for belonging to New York’s Leading Union.*
Updates
FIX TIER 6 CAMPAIGN
CSEA’S efforts to reform Tier 6 are underway, and we need everyone to get involved. Almost 50% of CSEA members are in Tier 6 and now is the time for pension reform! We all know the challenges we face with recruitment/retention and that the pension has always been a major factor in recruiting and retaining our workforce, we need that to be true again. Our Political Action Department has set up a website for members to visit https://cseany.org/fixtier6 in order to send a message. You can also call your legislators at (844) 956-2891; after a few questions, the system will automatically connect you to your legislator’s office. Members can also send a pre-written letter with just a few clicks. CSEA leaders encourage everyone to make the call and send a letter, we need as much advocacy as possible to get this done.
IRVING FLAUMENBAUM SCHOLARSHIP
Every year, our union offers eighteen $1,000 Irving Flaumenbaum Memorial Scholarships to the dependent children of CSEA members who are graduating high school seniors, three in each of our six regions. We also have two additional college scholarship opportunities available through the same application form. You can download this year’s application form at: https://cseany.org/scholarships, where you can also download a poster to print and post around your workplaces. The deadline for submitting scholarship applications is April 15, 2022.
REGION 5 SCHOLARSHIP
Attached is the 2022 Region 5 Scholarship application and flyer to promote across your workplaces. The deadline for applications to be submitted is April 15. These will also be posted on https://cseany.org/r5 this week. You can also view more union scholarships at https://cseany.org/scholarships.
MICHAEL D. CARRAWAY SCHOLARSHIP
It is with great pleasure CSEA Judiciary Local 334 announces the 2022 Lt. Michael D. Carraway Memorial Scholarship Program. Graduating seniors who are a child or legal dependent of a court employee represented by CSEA Judiciary Local 334 and will be attending an accredited institution of higher education are eligible to apply. All applications must be received by April 15th.
*These scholarships are another member-only benefit for belonging to New York’s Leading Union.*
CSEA COMEDY NIGHT
Next Wednesday, February 23 at 7pm we’ll hold our second Zoom Comedy Hour with some brand NEW comedians joining the mix. These are some hysterical people! Registration for this FREE event is open to all CSEA members, and you can register today at: https://cseany.org/comedyhour. Join us for a night of great entertainment.
CSEA-UCS Contract Update:
As members are aware, CSEA and UCS began holding negotiations sessions in August and have since had five subsequent meetings. CSEA has offered OCA proposals on over 20 articles, covering issues ranging from salary increases to telecommuting; our proposals have included monetary and non-monetary items. Our team has continually represented itself in a professional manner, as we negotiate for all of you, at the table across from OCA.
For the period of time between August and December, OCA had not provided one proposal to CSEA. Suddenly at our most recent negotiating session, OCA provided a proposal which predicated contract negotiation settlement, on CSEA’s withdrawal of our pending Improper Practice charges regarding COVID 19 vaccination, and additional agreement that any future COVID booster mandate would not be challenged, even if not negotiated with the Union.
CSEA’s Team informed OCA that we did not find it appropriate to link the non-contractual COVID 19 mandates to contract negotiations. Our stance is both of the policies and the contract should be negotiated, but without linking one to the other.
Ultimately, OCA informed CSEA that they were no longer interested in continuing negotiations at this time, because they are too busy. OCA has provided future dates in May and June to meet for further discussions.
As information becomes available all future updates will be via these notices
In Solidarity –
Ian M. Spencer
President, Local 334
Updates
RECESS WEEK
The courts will be in recess for the four day period of December 27, 28, 29 and 30, 2021. A reminder that we have a side letter (similar to a pilot program) to our contract that states, “employees may report to work up to two (2) days and shall not be required to charge leave credits”. This gives you the option to not have to charge the four days of leave based on Article 9.2(l), rather you may work two days and only charge two days of accruals.
EXEMPTION REQUESTS
If you have been denied a Religious or Medical exemption and have received notice that you have been deemed unfit to report, please notify Local President Ian Spencer at ian@csealocal334.com. Upon receiving a denial CSEA members may file a complaint with the NYS Division of Human Rights at: https://dhr.ny.gov/complaint and the Federal EEOC at: https://www.eeoc.gov/filing-charge-discrimination.
These denials are subject to complaints being filed, due to both being protected under the Constitution. The one caveat CSEA is stressing, is that members must have filled out the initial UCS applications in full. In addition, if applicants whose applications have been returned for additional documentation, fail to complete the entire form, or fail to complete any supplemental forms (e.g. requests for additional information) those applications will be automatically denied. Should a member then attempt to file a complaint of discrimination with either the DOHR or the EEOC, it will be rejected based on the applicant not following the internal process of the employer. Please be sure to adhere to the deadline stated in the letter supplied by OCA for submission of additional information.
LIGHTS ON THE LAKE
Lights on The Lake is New York’s premier drive-through holiday light show. Every year our brothers and sisters from CSEA Local 834 proudly setup and maintain two miles of breathtaking displays for all to enjoy. Local 334 has been able to obtain a limited amount of tickets to this year’s light show. Again this year the Local felt it necessary to do something for all of you, as a result tickets will be free to our 334 members throughout the Local. This year’s tickets will be good for one time use on Mondays, Tuesdays or Wednesdays through January 5th, 2022. Get yours while they are here, they will not last long and are being distributed on a first come, first served basis. Simply RSVP to ian@csealocal334.com and include your name, member # and mailing address. One ticket per member please.
A MESSAGE FROM THE EXECUTIVE BOARD
As 2021 comes to a close and a new year comes into view, we on the Local Executive Board want to take a moment to thank all of you for your patience and perseverance throughout the course of the last year. We are honored to work alongside our Union Sisters and Brothers on a daily basis and unfortunately, are not afforded the opportunity to say that enough. Over the course of what was yet again a turbulent year in the Court system, one in which we seemingly dealt with changes on a daily basis, CSEA members once again exemplified what it is to be Union and Union Strong! So from all of us to all of you, we offer our sincerest wishes for a happy and healthy holiday season for you and your families.
In Solidarity,
The Local 334 Executive Board – Ian, Tammy, Red, Dave and Catrina
Updates
VACCINE POLICY
The vaccine mandate has been the predominant focus of work for the Union since August; while we were successful initially at obtaining the TRO, we have lost the TRO on appeal. Currently we are following through with our previously filed improper practice charges, regarding the testing and vaccine mandates (this includes the exemption process). So you all are aware, CSEA attorneys continue their work in challenging the COVID testing and Vaccine mandates; where city, county and State government entities have failed to negotiate impact and policy with the Union. To reiterate, the Courts including the US Supreme Court have not found mandatory vaccinations to be unconstitutional. Therefore, CSEA’s challenges are based on OCA violating the Taylor Law as it relates to instituting the policies, not on the basis that there is a constitutional violation.
Information regarding any new developments in the Vaccine policy or our improper practice charges will continue to be provided to the Local membership via these notices, as well as posted on our Judiciary website.
VACCINE EXEMPTIONS
If your medical or religious exemption request has been denied, you may file complaints with the NYS Division of Human Rights at: https://dhr.ny.gov/complaint and the Federal EEOC at: https://www.eeoc.gov/filing-charge-discrimination.
These denials are subject to complaints being filed because both are protected under the Constitution. The one caveat we are stressing, is that our members must have filled out the initial UCS applications in full. In addition, if applicants whose applications have been returned for additional documentation, fail to complete the entire form, or fail to complete any supplemental forms (e.g. requests for additional information) those applications will be automatically denied. Should you then attempt to file a complaint of discrimination with either the DOHR or the EEOC, it will be rejected based on the applicant not following the internal process of the employer. Please be sure to adhere to the deadline stated in the letter supplied by OCA for submission of additional information.
UNIFORM &EQUIPMENT/BLAZER ALLOWANCE
UCS has informed CSEA that these payments will be made to eligible employees on December 22nd, 2021.
CONTRACT NEGOTIATIONS
In late August, CSEA and OCA representatives exchanged and signed the Ground Rules for negotiations. The respective negotiating teams met twice in October to begin exchanging proposals. These proposals were formulated from issues that the Local Presidents have come across, along with suggestions from members and the member surveys that were returned. We have two dates scheduled in December to meet. We will update the membership via these notices as we move further along in the process.
Updates
TESTING/VACCINATION POLICIES
As I’m sure most of you are aware, the temporary restraining order that CSEA had won on September 27 was reversed, initially by Judge Silverman on October 15, and then on appeal of that reversal on October 29. CSEA received the Appellate Division’s decision denying our appeal over the State Supreme Court Judge’s decision to lift the Temporary Restraining Order (TRO), that we initially won to prevent the Unified Court System from implementing their unilateral vaccine mandate. We had filed our initial Improper Practice (IP) Charge and sought the TRO in order to protect the bargaining rights of all Courts workers, and to require UCS administration to negotiate the implementation of the mandate pursuant to the Taylor Law.
At this point, both mandates have gone into effect. CSEA along with the other court unions, continue to pursue our previously filed Improper Practice charges. Those charges argue that the OCA acted unilaterally in implementing COVID testing and mandated vaccinations and the respective impact of those two policies. The improper practice charges have been consolidated by the Public Employment Relations Board, Director of Public Employment Practices, into one case which is going forward even though the temporary restraining order is no longer in effect. The ALJ hearing the case has set a tentative hearing date of November 29, 2021.
BONE MARROW DRIVE
Oftentimes being part of a larger group affords us the opportunity to create a lasting impact. Jack Fadeley, a western New York toddler from West Seneca is in desperate need of a bone marrow transplant. A bone marrow drive is scheduled for this Saturday November 6th at The wings meeting place, 3964 California Rd. in Orchard Park. Those individuals age 40 and under, who are interested, please take a moment to follow this link https://my.bethematch.org/Luv4Jack and consider assisting one of your Union Brothers in helping a family in need, by joining the national bone marrow registry. Potential donors can also text Luv4Jack to 61474. They will then receive a text with the above URL to register. You can choose a live event or a swab kit can be mailed to you by choosing “I need a kit mailed to me.” The text to join code is NOT case sensitive. Another option is to scan the QR code , this will also take you to the site to register. This code can also be used at a live and in-person drive. The text to join code is: Luv4Jack
Bone marrow donation is referenced in the contract under:
9.5(e) Leaves required by law
An employee shall be entitled to such other leaves of absence with pay as are required by law, including military leave, breast cancer screening, prostate cancer screening and bone marrow screening and donation.
If a potential donor has an issue while registering or wants to know if they are already on the registry, they can call 1-800-MARROW-2 (1-800-627-7692) and a representative will assist them. If a donor is under 18 years of age and would like to join the pre-registry, they may use any of the above methods to get to the registration site. However, once there, they will choose the “under 18” option and will be taken to a different site. They MUST input the code Luv4Jack when asked for the promo code.
To read the full article regarding Jack please click the link below:
CSEA OSH CONFERENCE
Bi-annually CSEA hosts a statewide conference on Occupational Safety and Health. It’s always one of our most popular events, with so many union members interested in learning how they can make their workplaces safer and healthier.
Especially now, during a global pandemic, CSEA wants to open attendance to as many members as possible. That’s why we are inviting all CSEA members to attend. This year CSEA is looking into offering a hybrid conference, held both virtually and in-person, if safe to do so. This virtual aspect will afford Local 334 members the opportunity to attend this very informative conference. To help make this happen, if you’re interested in attending we’re asking you to answer a brief survey that will help us plan for next year’s event.
Please take the time to answer our survey today. We will stop accepting responses as of 5pm on Friday, November 12.
To receive updates about the upcoming Conference, and workplace safety and health issues in general, please subscribe to our monthly safety newsletter, the CSEA Safety Net.
Updates
TRO HEARING UPDATE
As you all are aware the State Supreme Court has granted CSEA a Temporary Restraining Order (TRO) prohibiting the implementation of the vaccine mandate for non-judicial Court employees.
Judiciary Local Presidents have been advised that as of 3:40 p.m. today all oral arguments from parties to the TRO case in front of the State Supreme Court have been made and the hearing has concluded. Judge Silverman has reserved decision at this time, which means for the time being the TRO continues to remain in effect. Should we receive further information regarding a determination by the Judge it will be shared with you immediately via these notices.
What does this mean?
The temporary restraining order (TRO) continues to be in place, therefore the Court System is prevented from moving forward with the vaccine mandate until at least next Friday. On Friday 10/15 we expect to have our second hearing, at which the Court will listen to additional arguments from all parties and decide whether or not the TRO will be converted into a preliminary injunction. If the court does convert the TRO into a preliminary injunction, we believe it will last for 60 days, during which the state Public Employment Relations Board (PERB), which enforces public sector labor laws, will be ordered to rule on the underlying Improper Practice Charge previously filed by CSEA.
CSEA’s Improper Practice Charge is based on the Court System’s unilateral imposition of a change in the terms and conditions of employment, without negotiating those changes with CSEA. A decision in our favor will require the Court System to negotiate the vaccine mandate with the Union.
To those who are unvaccinated, You do NOT need to be vaccinated if that is your choice, the deadline has been removed for now. Additionally the deadlines for proof of vaccination and submission of requests for exemptions do not apply to employees represented by CSEA. Please be aware that in the interim CSEA members that have not submitted proof of vaccination, continue to be governed by the weekly testing policy.
Updates
HEARING POSTPONED
As you all are aware the State Supreme Court has granted CSEA a Temporary Restraining Order (TRO) prohibiting the implementation of the vaccine mandate for non-judicial Court employees.
Judiciary Local Presidents have been notified that UCS attorneys have made a motion to consolidate all court cases involving the Unions against UCS regarding the vaccination mandate….thus Judge Silverman has postponed today’s hearing once more. Our new scheduled date is Friday October 15th.
What does this mean?
The temporary restraining order (TRO) continues to be in place, therefore the Court System is prevented from moving forward with the vaccine mandate until at least next Friday. On Friday 10/15 we expect to have our second hearing, at which the Court will listen to additional arguments from all parties and decide whether or not the TRO will be converted into a preliminary injunction. If the court does convert the TRO into a preliminary injunction, we believe it will last for 60 days, during which the state Public Employment Relations Board (PERB), which enforces public sector labor laws, will be ordered to rule on the underlying Improper Practice Charge previously filed by CSEA.
CSEA’s Improper Practice Charge is based on the Court System’s unilateral imposition of a change in the terms and conditions of employment, without negotiating those changes with CSEA. A decision in our favor will require the Court System to negotiate the vaccine mandate with the Union.
To those who are unvaccinated, You do NOT need to be vaccinated if that is your choice, the deadline has been removed for now. Additionally the deadlines for proof of vaccination and submission of requests for exemptions do not apply to employees represented by CSEA. Please be aware that in the interim CSEA members that have not submitted proof of vaccination, continue to be governed by the weekly testing policy.
CONTRACT NEGOTIATIONS
Judiciary local Presidents met on Tuesday and Wednesday this week to finalize our initial contract proposals to the Unified Court system. We will be meeting once more this coming Tuesday in preparation for our first negotiations meeting on Thursday October 14th. As we progress through negotiations I will keep the membership up to date via these notices.
NEW YORK HEALTH ACT
CSEA has launched a campaign to defeat the proposed legislation called the New York Health Act. While this legislation is billed as a way for New York to get to Universal Healthcare, which is something CSEA supports in theory, we CANNOT support this bill. The NY Health Act would force all New Yorkers into the same public health plan, even those of us who currently enjoy negotiated health benefits that are better than the public plan. The legislation essentially ignores our negotiated health care coverage, and it would be a budget exploder, costing a huge price tag which no legislator can tell us how much it will cost workers. We had some great questions brought up about this bill at our ADM, so our Legislative and Political Action Department has made the following Q&A flyer available to help answer members’ concerns. Please visit: https://tinyurl.com/ny-health-act-flyer and then visit our Legislative Action Center at: https://cseany.org/issues to take action today.
NEW GROUP SOLICITING UNION MEMBERS
We have learned of a new Anti-Union group that is sending emails to CSEA membership by way of their work addresses in an attempt to get them to opt out of the Union. While I have not heard of this affecting our Judiciary members as of yet, other groups have tried this tactic before. While we have no reason to believe these attempts will work this time any better than they did when it’s been tried in the past, we must all be diligent in keeping an eye out for these emails and responding to the members affected. If you receive an email attempting to get you to opt out or hear reports of other members receiving them please report that to me immediately.
Everyone have a Healthy and Happy Long weekend!
Updates
EXEMPTIONS
*Given the TRO we have been advised that the deadlines for proof of vaccination and submission of requests for exemptions do not apply to employees represented by CSEA. Please be aware that in the interim CSEA members that have not submitted proof of vaccination continue to be governed by the weekly testing policy.*
UCS VACCINATION POLICY
CSEA obtains TRO temporarily staying the Court Systems vaccine mandate
The State Supreme Court granted CSEA a Temporary Restraining Order (TRO) against the implementation of a vaccine mandate for non-judicial Court System workers that was set to go into effect on Monday, September 27, 2021. This Temporary Restraining Order covers Non-Judicial CSEA members only.
The TRO stops the Court System from going ahead with their vaccine mandate until at least next Friday. On Friday 10/1 we expect there will be a second hearing at which the Court will hear additional arguments from both parties and decide whether or not the TRO will be converted into a preliminary injunction. If the court does convert the TRO into a preliminary injunction, we believe it will last for 60 days, during which the state Public Employment Relations Board (PERB), which enforces public sector labor laws, has been ordered to rule on the underlying Improper Practice Charge previously filed by CSEA.
CSEA’s Improper Practice Charge is based on the Court System’s unilateral imposition of a change in the terms and conditions of employment, without negotiating those changes with CSEA. This decision requires the Court System to negotiate the vaccine mandate with the Union.
To those who are unvaccinated, you will still need to be tested weekly and upload your proof of testing as you have been doing. You do NOT need to be vaccinated if that is your choice. The deadline has been removed for now.
CONTACT YOUR LOCAL
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