Summary of Meeting Between the UFT and OLR

UFT/OLR MEETING SUMMARY—October 23, 2007

Present for the Union: Howard Schoor, Ilene Weinerman, Ethan Finneran, Sandra Frelix, Scott Kegelman

Present for the City: David Goldin, Joanna Weiss

Present for OLR: Richard Yates, Jean Brewer, Victor Levy

David Goldin outlined a two part proposal for “governance changes” at ECB:

The long term proposal, projected to take place within a year, requires state legislation that would discontinue ECB and assign responsibility for ECB’s cases to OATH. Under this plan, a new division called the Violation Hearings Division would be created within OATH. Current ECB judges, administrators, and office locations would continue as part of OATH, but certain procedural changes (for example, in the appeals process) would occur.

The interim proposal requires City Council legislation and would leave ECB intact, but substitute the Chief ALJ of OATH as Chairperson of ECB, replacing the Commissioner of DEP. This would result in the appointment of a new Executive Director and Chief ALJ within ECB.

During his presentation, Goldin asserted that neither of these plans would result in changes to the terms and conditions of employment for per diem ALJs, and that “no one has contemplated the elimination of per diems”. According to him, at ECB there are now approximately 25 individuals in full time ALJ positions (some of which are supervisory/managerial in nature) and 200 hearing officers. He also indicated, however, that there has been discussion about the drawbacks to the heavy reliance on per diems and the possible benefits to increasing the number of full timers, which he identified as providing more flexible scheduling and more control over training options.

Below are excerpts of Management’s responses to specific issues raised by the Union:

Regarding the Union’s request for a copy of a July memo that sets forth Goldin’s original proposal for changes at ECB—OLR replied that it was “an internal memo, not intended for dissemination and not for public consumption”.

Regarding the number of per diems who will work at ECB-- Goldin replied “it’s not our plan to reduce the number of ALJs on the roster or move from per diem to full time. This has to do with ECB governance, it is not designed to change the numbers”.

Regarding the future mix of part time and full time positions—OLR replied that “there is no change in the near term, whether we have a plan or concept or thought bubble over future staffing is not ripe for discussion here”.

Regarding the impact of this plan on TLC and DOHMH—Goldin replied that his proposal affects only ECB and that there is no thought to extending it to the other agencies due to the differences between ECB and the other tribunals. According to him, unlike ECB, TLC and DOHMH are primarily in the business of regulating licensees.

Regarding unionized employees at OATH—OLR replied that there are none as OATH employees are classified as exempt. They hold a different title, and no conversion to that title is seen for the short term. “In the long term, anything is possible, but if it came to that we would bring everyone in and tell you if there was a plan afoot”.

The meeting concluded with the following statements:

From OLR— “In summary, not much is going to happen. Those working now will see no significant change. Someday it might be a big thing, for now nothing is going on. The UFT is the sole, certified representative. At OLR we deal with certified bargaining agents”.

From the Union: “This group came to us for representation, we didn’t come to them. We will put the full power of the UFT behind them. I ask and urge you to bring us into the process. We will support, aid, and help you, as long as we are part of the process”.