COMMITTEE ON LABOR
MINUTES
APRIL 10, 2000
GUESTS: ALAN SCHEINKMAN (COUNTY ATTORNEY); MICHAEL WITTENBERG (BARGAINING ASSOC.); ALEXANDER RESTIANO (CE OFFICE - LABOR UNIONS MANAGEMENT)
OTHERS: ETTERE, DODDS (BOL); INGRID BENT (CE OFFICE)
The meeting was called to order at 11:45 a.m.
Mr. Wittenberg is a former County employee who used to negotiate union contracts. He has been retired since 1998 but serves as a consultant to the County Executive. His job it to participate and act as the “point person” in the County’s negotiations with unions representing County employees and to give advice to the Offices of the County Attorney, Corrections, etc. Mr. Wittenberg meets with CSEA biweekly to discuss ongoing concerns. He stated that 80-85 % of his work comes directly from Larry Schwartz (C.E. office), the County Attorney’s office and involved unions.
Mr. Wittenberg is presently involved with negotiations for C.O.B.A., S.O.A. and the D.A. Investigators unions. There is a procedure, called “Interest Arbitration” under the Taylor Law, which allows certain police officers or firefighters to resolve their disputes rather than negotiations and legislative involvement. There are two types of arbitration – “Rights Arbitration” and “Interest Arbitration”. “Rights Arbitration” interprets the clauses that are already in a contract. “Interest Arbitration” creates a contract clause.
Mr. Wittenberg asked that the Members take caution when dealing with labor related issues. He anticipates union members taking every opportunity to come before this Committee and bypassing the appropriate channels if they feel they can get obtain favorable results. Mr. Wittenberg reminded the Members that the County Executive is the employer not the Board of Legislators.
Chair Mosiello stated that he has no intention of circumventing the authority of the County Executive or Mr. Wittenberg as Negotiator. However, unions will have an open door to come before this Committee and “sound
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off” if they wish with certain stipulations such as the chain of command. It is not the intention of the BOL that this Committee become “an alternate vehicle”.
The Taylor Law governs public employee labor relations in New York State. It has been in effect for over 30 years and gives the Chief Executive Officer/County Executive of a jurisdiction the authority to deal with two (2) issues that usually arise in union relationships – A) Negotiations & Contracts; B) The handling of Grievance procedures. Issues that have arisen in Westchester County relate to the extent of power the County Executive may have and its impact on Departments he does not oversee. One instance included whether the employees at the Board of Elections were subject to the posting requirements and hiring procedures set forth in the CSEA contract. The court’s decision affirmed the authority of the County Executive to deal with all aspects of labor relations unless there is a provision of law that gives that power to someone else.
Mr. Scheinkman sees the Committee on Labor having several roles.
Ø This Committee can serve as an organized resource for union leaders to address concerns with the Legislators instead of approaching them individually as long as it does not interfere with provisions and collective bargaining issues.
Ø When the County enters into contracts with companies that have unionized workers, this Committee may deal with issues relating to project labor agreements and collective bargaining issues.
Ø This Committee may serve as a “sounding board” to the private sector and make suggestions to employers to address particular issues that may arise.
Ø This Committee may also forward labor related legislation to be considered by the State.
Mr. Scheinkman asked that the Committee draw a distinction between unions that may or may not have pending contract negotiations when dealing with their concerns. There was a brief discussion on defining negotiable items.
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Mr. Scheinkman advised the Members that Ms. Lori Alessio, Asst. County Attorney, is specifically responsible for labor related matters such as grievances and contract negotiations.
Mr. Restaino works for the County Executive’s Department of Labor Unions Management. Ninety-percent (90%) of his job requires him to monitor contractors hired by the County and enforce the prevailing wage rate. The prevailing wage rate is set by the state.
For example, a Rockland County contractor is awarded a bid in Westchester County. The prevailing wage rate in Rockland is $20/hour and Westchester is $29/hour. Mr. Restaino verifies that the contractor is paying the Westchester County wage. If not, the employer must make the adjustment and award backpay to the employee. A schedule of the prevailing rate is included in every contract given to a potential bidder, unfortunately many contractors do not read the entire contract. Mr. Restaino attends pre-construction meetings and reiterates this rule.
Prevailing wage rates fall under Labor Law 2-20. Legislator Wishnie further discussed the basis for this law.
Another function of Mr. Restaino’s job is receiving phone calls from employees of Westchester County who may have a labor related concern and then directing it to the appropriate Commissioner or Department head. These calls are kept confidential.
Mr. Restaino has been successful in recovering hundreds of thousands of dollars for employees who did not receive the proper prevailing wage. He also stated that the volume of work varies throughout the year. Mr. Restaino does not feel the need for any additional full-time staff.
Legislator Wishnie suggested that Mr. Restaino explore the idea of hiring retired craftsmen to assist with job site visits. Mr. Restaino informed the Members that this was done before but found that contractors look at them as more of a union representative than a County employee. This method was discontinued as it may have opened the County to several lawsuits.
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MINUTES:
Legislator Wishnie made a motion to adjourn the meeting at 12:36 p.m. and was seconded by Chair Mosiello.