To Speed Bargaining

To Speed Bargaining
Pataki Nixes UFT Taylor Law Bill

Despite renewed calls from city and state unions for Taylor Law reform, Governor Pataki last week vetoed a bill that would have expedited the collective-bargaining process for city Teachers and Principals.

RAYMOND W. KELLY: Keeping options open. The Governor's veto message noted that the Bloomberg administration was vehemently against the measure, contending that it interfered with the negotiation process.

Cites Potential Disparity

His rejection note also pointed out that the legislation only applied to the United Federation of Teachers and the Council of Supervisors and Administrators, which would create a disparity among other labor groups.

"The same people who have claimed that [Transport Workers' Union Local 100 President] Roger Toussaint was breaking the Taylor Law have now vetoed a bill that would have balanced the Taylor Law so that workers would not have to resort to a strike," said Randi Weingarten, the UFT president and head of the Municipal Labor Committee, in a statement.

City and state unions have been lobbying the Pataki administration to implement various Taylor Law reforms for years. But several unions, including the Patrolmen's Benevolent Association and the Sergeants' Benevolent Association, were opposed to creating a strict timeline that both the city and the school unions would be required to follow, should their contract talks stall.

EDWARD D. MULLINS: Claims a victory. "I would oppose that bill, because it was purely for the UFT," said SBA President Ed Mullins in a Dec. 22 phone interview. "Shouldn't it be a bill that affects all municipal workers? That's the right thing to do if you are looking to change the law."

Denies PBA Had Role

John Poklemba, the PBA's Albany lobbyist, maintained that the union did not take a stance against the bill, despite sources' claims to the contrary. "It didn't impact our members, so we didn't take a position on it," Mr. Poklemba asserted.

Contract negotiations between the city and the UFT and other unions this round of bargaining had been stretched out for years. The delayed agreements led some labor officials to charge that Mayor Bloomberg was purposely stalling to strengthen his hand with city workers desperate for a wage increase. 'Stacked Against Us'

JOHN F. DRISCOLL: Make city pay interest.

"The Taylor Law is totally stacked against the workers," Ms. Weingarten said. "There are severe penalties for the unions, but nothing for management."

It took the UFT 28 months after its previous contract expired to reach an agreement with the city this round of bargaining, and over 18 months in the previous round of negotiations. The "Triborough Amendment" of the Taylor Law requires employers to maintain all the terms of a collective-bargaining agreement until a new contract is negotiated.

Unlike the majority of the city's uniformed unions, the UFT and CSA do not have the ability to seek binding arbitration.

An 80-Day Limit

The proposed legislation said that the Public Employment Relations Board must automatically declare an impasse and appoint a mediator if an agreement has not been reached within 80 days of the union's contract expiring.

The mediator then has 20 days to work with both sides. If no progress is made after that point, a fact-finding board would be appointed to examine the key sticking points and issue a non-binding report of recommendations after 60 days. The report would be released to the public five days after each side received the document.

"There has to be a level playing field and this bill would have created some balance in the Taylor Law," Ms. Weingarten asserted.

The bill called for penalizing the city $10,000 for each day it failed to abide by the stipulated deadlines. The monetary punishment, those supporting the legislation contended, would have mirrored the pecuniary penalties that can be levied against public workers who violate the Taylor Law by striking.

Averts Strikes, Not Stalls

"Currently, the Taylor Law is very effective at curtailing strikes, but it fails to move disagreements back to the bargaining table or to mediation for resolution," a memo attached to the bill stated. "There is no incentive for the public employer to bargain in a timely manner." Mr. Pataki did, however, sign legislation granting PERB the ability to fine the city or other municipalities if they violate a cease-and-desist order after they are found to be bargaining in bad faith. That legislation was introduced at the behest of the SBA.

In the past, employers were merely required to post details of a cease-and-desist violation at workplaces. That penalty, labor officials have been arguing for years, is not enough to prevent the city negotiators from bargaining in bad faith.

Mr. Mullins hailed the legislation, which he called "monumental" and "a step in the right direction." But PERB rarely issues cease-and-desist orders against employers, and it is even less likely for the city or municipalities to ignore that type of ruling.

Claims a Breakthrough

The SBA leader nonetheless maintained that the bill was a "historical" gain for all municipal workers. "I don't know how many people have tried to get a cease-anddesist order," he remarked. "We never walked on the moon until we tried."

He noted that it was the first legislative reform to the Taylor Law which called for penalties with interest to be enacted against an employer. "The door has been opened to pursue interest," he asserted. "Now anything can change, because the words are now in there."

City unions have long argued that the city should be forced to pay interest on retroactive raises. "That would at least put some sort of impetus on the city's side not just to sit back and hold onto their money," said John F. Driscoll, the president of the Captains' Endowment Association.

The Taylor Law, which was enacted in 1967, is named after George W. Taylor, who served as Chairman of Governor Rockefeller's Committee on Public Employee Relations. The law grants organizing rights to public employees, but it also prohibits them from striking.

Seeking Broader Bill

Mr. Driscoll pointed out that MLC officials and the Public Employees' Conference members are attempting to "rally the unions around" a broader Taylor Law reform bill. "I'm sure we are all going to have meetings on it," Mr. Driscoll remarked. "Especially in light of the vitriolic statements that came out of the Mayor during this bargaining regarding the TWU."

Stephen J. Cassidy, the president of the Uniformed Firefighters' Association, added, "It is time for working together with the goal of creating realistic Taylor Law reforms that bring management to the table for true, productive and on-time labor talks."

Mr. Driscoll noted, however, that it may be difficult to gain the required legislative support. "The politicians don't mind squashing unions," he observed.

'Country's Anti-Labor'

According to Mr. Driscoll, only 12 percent of the nation's workers are unionized, of which 4 percent are civil servants. "You can see the country as a whole is antilabor," he said.

Mr. Mullins, who publicly challenged Ms. Weingarten in the past and was voted off the MLC board by his colleagues soon after, added that he didn't see all the unions agreeing on what changes were necessary. "How are we getting all the unions on board, when we have one of the big ones putting in a bill just for themselves?" he asked.