Thruway Authority Improper Practice Charge

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STATE OF NEW YORKPUBLIC EMPLOYMENT RELATIONS BOARD IMPROPER PRACTICE CHARGE

INSTRUCTIONS: File an original and four (4) copies of this charge DO NOT WRITE IN THIS SPACEwith the Director of Public Employment Practices and Representation,New York State Public Employment Relations Board, 80 Wolf Road, Case No. U-Suite 500, Albany, NY 12205-2656. If more space is required for anyitem, attach additional sheets, numbering item accordingly. Date Received:

1. CHARGING PARTYa. Name (If employee organization, give full name. including any affiliation and local name and number):

Civil Service Employees Association, Inc., Local 1000. AFSCME, AFL-CIOb. Address (No. & Street, City and Zip Code, County): Telephone Number:

Civil Service Employees Association. Inc. Albany County (518) 257-1000143 Washington AvenueAlbany, New York 12210c. Name and title of the representative filing charge:

Steven A Crain, General Counseld. Name, address and telephone number of attorney or other representative, if any, to whom correspondence is to bedirected:

STEVEN A CRAIN and DAREN J. RYLEWICZCSEA, Inc.Legal Department143 Washington AvenueAlbany, New York 12210Phone: (518) 257-1443Facsimile: (518) 449-1525

Richard BlairLabor Relations SpecialistCSEA, Inc.One Lear Jet Lane, Suite 2Latham, New York 12110Phone: (518) 785-4400Facsimile: (518) 785-4595

2. PUBLIC EMPLOYER AND/OR EMPLOYEE ORGANIZATION AGAINST WHICH CHARGE IS BROUGHTa. Name and Address (No. & Street, City and Zip Code, County):

NYS Thruway Authority Albany County200 Southern Boulevard, P.O. Box 189 Albany, New York 12201-0189b. Telephone Number: (518) 436-27003. Is the charging party filing a separate application for injunctive relief pursuant to 204.15 of the Board's Rules ofProcedure?_YES XXX NO

4. VIOLATIONS ALLEGEDPursuant to Article 14 of the Civil Service Law, as amended (Public Employees' Fair Employment Act), the charging parthereby alleges that the above-named respondent(s) has (have) engaged in or is (are) engaging in an improper practicewithin the meaning of the following subsections of Section 209-a of said Act (check the subsection(s) allegedly violated):

If by a public employer(X ) 209-a.1(a)(X ) 209-a.1(b)(X)209-a.1(c)(X ) 209-a.1(d)( ) 209-a.1(e)( ) 209-a.1(f)( ) 209-a.1(g)

If by an employee organization) 209-a.2(a)*) 209-a.2(b)) 209-a.2(c)*

If the charge alleges a violation of Sections 209-a.2(a) and/or (c) of the Act a ~ e d on an e m p l ~ y e e organization'sprocessing of or failure to process a claim that a public employer has breached 1ts agreement w1th such employeeorganization, identify the public employer:a. Name and Address (No. & Street, City and Zip Code, County):b. Telephone Number:


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Specify in detail the alleged violation(s). Include names, dates, times, places and particular actions constituting eachviolation. Use additional sheet(s), if necessary. Failure to suppl y sufficient factual detail may result in a delay inprocessing o r dismissal of the charge.

See attached details.

If the charge alleges a violation of Section 209-a.1(d) or 209-a.2(b) of the Act, has the charging party notified the Boardin writing of the existence of an impasse pursuant to Section 205.1 of the Board's Rules of Procedure?YES XXXNO

The charging party is available immediately to participate in a pre-hearing conference and a formal hearing.XXXYES NO

OF NEW YORK SS.:

A. CRAIN. being duly sworn deposes and says, that he is the charging party above named, or its representative,he has read the above charge consisting of this and _l_ additional page(s), and is familiar with the facts alleged

to be true, except as to those matters a ed on information and belief, which matters hebe true.

.1::\ tJ:... day of April, 2013.

OTAPUBLJ{5::STATE OF NEW YORK

General Counsel(Title)

KATHERINE E. SMAILNotary Public, State of New YorkNo. 01SM5070947Qualified in Rensselaer Co)!.nty l)Commission Expires P: ,_ 4 - I

PERB 579 (3/12)


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DETAILS OF CHARGECharging Party alleges, upon information and belief as follows:

1. The Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO(hereinafter "CSEA"), is an employee organization within the meaning ofthe Taylor Law.

2. The New York State Thruway Authority is a public employer within the meaning ofthe Taylor Law.3. Thomas J. Madison, Jr., is the Executive Director ofthe New York State ThruwayAuthority (hereinafter "Authority").4. CSEA is the duly recognized and certified exclusive negotiating representative for anegotiating unit of employees of the Authority.5. CSEA and the Authority are parties to a collectively negotiated agreement(hereinafter "Agreement") which expired on June 30, 2012.6. Negotiations for a successor Agreement between CSEA and the Authoritycommenced October 11, 2012.7. Joe Bress is the Authority's ChiefNegotiator8. To date, a total of 8 negotiation sessions have been held between CSEA and theAuthority.9. On December 19, 2012, during the fourth negotiation session, Joe Bress stated the

following to CSEA's negotiating committee; that if the Authority cannot achieve savings of20 million dollars quickly, then the Authority will look at other options, such as layoffs, andthat employees would be receiving letters verifying seniority in the next few weeks.10. By agency-wide email dated on or about December 28,2012, Executive DirectorMadison communicated to all Thruway Authority unit CSEA negotiating unit members,among other things, that layoffs are "a real possibility," and that every employee of theThruway Authority and Canal Corporation would soon be receiving a letter from theThruway Authority Personnel Bureau requesting verification of employment seniority date.11. By letter dated January 29, 2013, Executive Director Madison advised all CSEA

negotiating unit employees, among other things, that the Authority needed to implement costsavings through various means, including the collective bargaining process, and that it wasnow implementing a workforce reduction plan that included the elimination of 234 positionsfrom the Thruway and Canal Corporation organization.12. By letter dated March 8, 2013, Executive Director Madison notified all CSEAnegotiating unit employees, among other things, that layoffs are scheduled to become


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effective the first week in April. The letter also specifically stated "Beginning in 2011, theAuthority has reached out frequently to your union representatives and urged them to partnerwith us to address these fiscal issues." The letter went on to state that unionized employeesofthe Authority "have enjoyed a more than 13-percent increase in cost ofliving raises since2008 and have received step increases and longevity payments. During this same period, theAuthority has withheld raises and step increases from our non-unionized employees .. . o helpaddress our fiscal challenges." The letter also states: "If we are not able to reach anagreement by April 3rd, the layoffs will occur and we will manage any impacts to ensure safeand reliable Thruway and Canal operations." The letter closes with: "I understand the impactlayoffs will have on affected individuals, their families, and our entire organization and Isincerely hope we can partner with union representatives to avoid them."

13. By email dated March 20, 2013, to all CSEA negotiating unit employees, ExecutiveDirector Madison again advised that layoffs were scheduled to become effective at the closeof business on April3, 2013, and that the Authority management was continuing to meetwith union representatives at the bargaining table, and that he remains hopeful that essentialwork force savings could be achieved through collective bargaining.

14. Forty two CSEA members of the CSEA negotiating unit were laid of f from theAuthority effective close ofbusiness April 3, 2013.15. On information and belief, only unionized employees were laid off or are slated forlayoff and no encumbered non-union positions are scheduled to be abolished.16. The Executive Director's communications to CSEA represented employees weresent for the purpose of coercing CSEA unit employees with the threat of layoff, and topersuade CSEA negotiators to succumb to Authority management demands.17. Executive Director Madison's letters and emails in effect informs unionizedAuthority employees, including those represented by CSEA, that because they exercisedtheir legal and contractual right to negotiate, they are being singled out among Authorityworkers for significant layoffs.18. The layoffs announced by the Executive Director are intended to retaliate againstunionized workers, including those represented by CSEA, for having exercised theircontractual and legal rights to negotiate agreements.19. Therefore, CSEA Unit employees are being deliberately coerced and interfered within the exercise of their rights guaranteed in Section 202 of the Act for the purpose of

depriving them of those rights.20. The Executive Director is also deliberately attempting to interfere with theadministration of CSEA for the purpose of depriving CSEA unit employees of their 202rights by: 1) telling CSEA represented employees that CSEA's refusal to agree to termssought by the Authority for a successor agreement is the reason they are being laid-off; and,


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2) by implying to those employees that they should overrule their elected CSEArepresentatives and agree to the concessions previously demanded by the Authority.21. CSEA Unit employees are also being deliberately discriminated against for thepurpose of discouraging their participation in CSEA.22. The Executive Director 's communications also constitute direct negotiations withCSEA represented employees over the concessions the Thruway Authority could not obtainfrom CSEA. Such deliberate conduct constitutes a failure to negotiate in good faith withCSEA.WHEREFORE, CSEA respectfully requests PERB grant the following relief:A. ORDER respondent to cease deliberately interfering with and coercing CSEArepresented employees in the exercise of their Section 202 Taylor Law rights;B. ORDER respondent to cease deliberately attempting to interfere with theadministration ofCSEA;C. ORDER respondent to cease deliberately discriminating against CSEA representedemployees in the exercise of their right to participate in CSEA;D. ORDER respondent to cease negotiating in bad faith with CSEA;E. ORDER that any CSEA represented employee who may be laid-off as a result ofthe Thruway Authority's violations ofCSL 209-a.l(a), (b), (c) and (d) be reinstatedwith full back pay and benefits;F. ORDER the posting of appropriate notices at every Authority and CanalCorporation facility; andG. GRANT such other and further relief as may be just and proper.

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Thruway Authority Improper Practice Charge