A. 2325 - On-track Safety Standards for New York City Transity Authority Employees

A. 2325 John, et al

An Act to amend the Labor Law in relation to establishing on-track safety standards for New York City transit authority employees.

The New York State AFL-CIO, representing 2.5 million working men and women strongly supports the above captioned legislation.

Over the last several years, seven (7) transit workers have died on the tracks of the New York City transit system, including two track workers in the last week. In other parts of the MTA system, such as the commuter lines LIRR and Metro North, the death toll of track workers from unsafe work conditions is far lower. This is because the LIRR and Metro North have a higher safety standard. The purpose of the proposed legislation is to achieve on-track safety standards in New York City not inferior to what other MTA track workers enjoy.

Such a standard will raise the level of safety for transit workers in several key areas: Flagging protection against on-coming traffic, third-rail safety, and subway work-area illumination. The standard grants a right to challenge unsafe work orders.

Next, these standards would end an enforcement loophole whereby the Transit Authority evades direct Federal and State oversight. Although New York State Department of Labor has jurisdiction on Transit Authority property, there are not any specific railroad rules for New York State Department of Labor to enforce. This is due to the fact that Public Employees Safety and health (PESH) enforces Federal Office of Safety and Health Administration (OSHA) standards. However, since the Federal Railroad Administration (FRA) has jurisdiction over railroads on the national level, OSHA never developed railroad-specific standards. This loophole leaves the Transit Authority in a state of quasi-self-enforcement. Self-enforcement at NYC Transit has been deadly to transit workers.

The above captioned legislation is absolutely necessary. Failure to act on this necessary legislation is no less than complicity in the workersā€™ death. Therefore, this Federation urges immediate enactment.

For further information, please contact Ed Donnelly, Legislative Director at 518-436-8516.

A. 628A - Labor Standards & Human Rights for Domestic Workers

A628A Wright, et al/S.5235 RULES

An Act to amend the labor law and executive law in relation to labor standards and human rights for domestic workers.

The New York State AFL-CIO, representing 2.5 million working men and women support the above captioned legislation.

This bill establishes a framework of basic rights and benefits for domestic workers. It covers everything from wages and benefits through unjust firing. Domestic workers are currently excluded from laws protecting workers from discrimination.

Domestic workers care for children, the disabled and the infirm elderly.

Many domestic workers are required to work 16 hours a day, are fired without notice after years of service with no recourse.

This bill is a just proposal that will create worker protections, while recognizing the unique working conditions under which domestic labor is performed.

The end is to provide the same basic rights, benefits and recourse available to all other workers in New York.

Therefore, it is urged this bill be passed and signed forthwith.

For further information, contact Ed Donnelly, Legislative Director at 518-436-8516.

Oppose: SFY 2008-2009 Executive Budget Submission

OPPOSE MEMORANDUM

ARTICLE VII PROPOSALS

SFY 2008-2009 EXECUTIVE BUDGET SUBMISSION

EDUCATION, LABOR AND FAMILY ASSISTANCE

STATE EMPLOYEE RELATIONS BOARD

The New York State AFL-CIO representing over 2 million union members, our families and our retirees, strongly opposes Article VII proposals in the above captioned budget submission.

The proposals in question would: A) assess an arbitration fee of $750 on both parties in such a proceeding and B) change the method of compensation for SERB members from a full annual salary to a per diem rate.

This Federation has taken an active role in the effort to preserve labor harmony in our state. Historically, since the time of Al Smith and forward, the state has recognized the importance of this policy. Unfortunately, the Budget Division, which is somewhat sheltered from the real world of labor relations, has taken a bean counting view of SERB and its predecessor boards.

In recent years, this Federation has tried to reenergize the State’s policy toward labor harmony and labor rights. A new vision of the SERB function is included and has met with seeming legislative and gubernatorial agreement and approval.

Why damage this important function now by reducing access to and availability of the Board? This Federation urges these shortsighted budget proposals be laid aside.

For further information contact Ed Donnelly at 518-436-8516.

Oppose A 9805-B and S 6805-B

OPPOSE MEMORANDUM

A 9805-B (at this writing)
S. 6805-B (at this writing)

An Act making appropriations for Transportation, Economic Development and Environmental Conservation.

The New York State AFL-CIO representing over 2 million union members our families and our retirees, strongly opposes the appropriation of $50 million for agribusiness (pg. 651 of the A9805-B version).

This Federation recognizes the importance of agribusiness to the New York economy. A basic factor of agribusiness success is the farm labor supply. Farm workers labor under disgraceful working conditions. No meaningful effort has been made to upgrade the status of these workers. Fairness requires worker protections, a modern work week, a day of rest each week, the right to organize, unemployment insurance and all the rights enjoyed by non-farm workers. The failure to afford these workers such protection available to all non-farm workers is plainly discriminatory, and certainly not in moral tradition of our great state.

Therefore, this Federation urges that the appropriation be held until some progress is made on behalf of farm workers.

For further information contact Ed Donnelly at 518-436-8516.

Support: A 8150 and S 6130B: Amend Retirement and Social Security and Civil Service Law in Relation to University Police Officers Appointed by the State University

SUPPORT MEMORANDUM

A. 8150 McEneny, et al/S. 6130B Robach

An Act to amend the retirement and social security law and the civil service law, in relation to university police officers appointed by the state university.

The New York State AFL-CIO representing over 2 million union members, our families and our retirees strongly supports the above captioned legislation on behalf of our affiliate Council 82, representing law enforcement officers at the State University.

The officers in question for whom this bill was initiated are police officers operating at the State University locations across the state. These police officers, who perform the same duties and share the same training as other police officers seek in this bill similar retirement benefits to the benefits enjoyed by other such officers. This bill is a matter of equity and fairness.

Therefore, this Federation urges speedy passage and enactment of this bill.

For further information contact Ed Donnelly, Legislative Director.

A11711 Rules (Gunther)/S 8637 Morahan

SUPPORT MEMORANDUM

A. 11711 Rules (Gunther)/S. 8637 Morahan

An Act to amend the labor law and the education law, in relation to limiting consecutive hours of work by nurses.

The New York State AFL-CIO representing over 2 million union members, our families and our retirees strongly supports this legislation.

This agreement is the result of a lengthy campaign by the labor movement to improve the working conditions and rights of nurses as well as to improve the delivery of health care. The agreement is an important step in addressing the nursing shortage, high staff turnover and other staff problems that plague the health care industry and endanger the quality of care for patients.

The purpose of this bill is to curb the practice of requiring mandatory overtime to address personnel problems. Repeated resort to mandatory overtime creates undue stress on nurses, who find themselves, and their families, having to deal with the consequence of frequent absence from the home due to double shifts at the workplace. Patient care also suffers when nurses are exhausted by repeated overtime tours with high stress and insufficient rest.

This Federation finds, therefore, that this bill is a healthy alternative to a dangerous practice. It should be enacted forthwith.

For further information contact Ed Donnelly at edonnelly@nysaflcio.org or 518-436-8516.

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A10372-A (Cymbrowitz)/S 7575-A Seward

OPPOSE MEMORANDUM

S. 7575-A Seward/A. 10372-A Cymbrowitz

An Act to amend the Insurance Law in relation to extending owner controlled insurance programs in certain instances.

The New York State AFL-CIO, representing over 2 million union members, our families and our retirees and their families opposes the above captioned legislation.

This bill is a significant expansion of owner controlled insurance authorization, a procedure which was not good in its original ideation. From the perspective of the union members this Federation represents, such insurance is an invitation to unsafe contractors to participate in projects that they would otherwise be unable to bid. In spite of providing coverage for unsafe contractors the retrospectively priced product frequently saves little for the project developer who obtains or encourages such coverage. Contractor coverage is generally based on safety, injury, frequency of occurrence and loss record. Such contractors, frequently union employers, experience far better insurance ratings, and thus are less costly to insure. Unsafe contractors, less safety oriented, benefit from a wrap-up policy since their own safety record is not at issue.

For the above reasons this Federation urges this ill-conceived bill be laid aside.

For further information contact Ed Donnelly at 518-436-8516.