August 24, 2015
OMCE President Zaron Comments on Thruway M/C Employees Lawsuit


President Barbara Zaron was the featured guest on Monday's Edition (August 24, 2015) of Capital Tonight, the Time Warner Cable statewide political news and public affairs program.

Similar to the Federal lawsuit filed by OMCE in 2009 when executive branch M/Cs had their previously authorized salary withheld, a group of Thruway M/C employees have now filed a Federal suit and Court of Claims action seeking the restoration of their salaries.

The interview on the treatment of M/C employees can beviewed by Clicking Here, or select tv images on left.



 

August 20, 2015

M/C Lawsuit Versus New York State Thruway Authority 8/19/2015

Earlier today OMCE learned through media reports that legal actions have been initiated against the New York State Thruway Authority and by extension the State of New York by a group of current and former M/C employees involving wages that have been withheld. More specifically, the plaintiffs have filed a Notice of Intent to File Claim was filed in the New York State Court of Claims, and a separate a Class Action Complaint was filed in U.S. District Court. OMCE litigated similar issues (Levine v. Paterson) in Federal Court (New York Northern District) unsuccessfully in 2011. Our legal team is reviewing the content of what was filed today.

In June, OMCE shared with its members an analysis of relevant Federal and New York State precedent on the viability of litigation to recover salary withholdings occurring in fiscal years 2009-10 and 2010-11 as it relates to current and retired management and confidential employees.

The memo may be accessed by members (Click Here).

August 3, 2015

Senator DeFrancisco Named New Deputy Majority Leader
NY State Senate Majority Leader John Flanagan recently announced that Senator John DeFrancisco (R/C/I-District 50) would serve as the Deputy Majority Leader of the New York State Senate . As a longtime fervent supporter of MC pay parity issues, he introduced and fought for OMCE sponsored legislation seeking an MC Salary Commission. While serving as the Senate Finance Committee Chair he was an outspoken advocate for MC pay parity and an end to the compensation injustice heaped upon those designated MC. OMCE applauds this announcement and looks forward to our continuing cooperation as we seek complete pay parity for MC employees.

July 8, 2015

Budget Bulletin Released For July 2015 General Salary Increase

DOB has officially released Budget Bulletin D1132 (https://www.budget.ny.gov/guide/bprm/bulletins/d-1132.pdf) authorizing the July 2015 general salary increase. As OMCE published earlier, the pay dates will be:

     July 23, 2015 for Institution Payroll employees (June 25th pay period)

     July 29, 2015 for Administration Payroll employees (July 2nd pay period)

Please note the following excerpted from the bulletin:

Additionally, Part H of Chapter 55 of the Laws of 2015 (i.e., the M/C Parity Bill) provides a situation where certain M/C employees are NOT eligible to receive the increase and a situation where others may only receive a partial increase.

The intent is to prevent State employees who received the collectively negotiated General Salary Increases in their union-represented positions from receiving │ them again as parity increases in their Management/Confidential positions when the resultant M/C salary would exceed the job rate of the employee’s position on the July 1, 2015 M/C Salary Schedule.

 The two situations include:

 1. Not Eligible for 2% Parity Increase. M/C officers or employees who were promoted or appointed to M/C positions from positions represented by one of the State’s public employee unions and whose salary, immediately prior to July 1, 2015, is at or above the job rate of their M/C salary grade or equated salary grade on the July 1, 2015 M/C Salary Schedule are not eligible to receive the 2% Parity Increase;

2. Eligible for Partial Parity Increase. M/C officers or employees who were promoted or appointed to M/C positions from positions represented by one of the State’s public employee unions are prohibited from receiving any portion of the increase which causes such officer’s or employee’s salary to exceed the job rate of their M/C salary grade or equated grade on the July 1, 2015 M/C Salary Schedule. Such employees may only receive a partial increase capped at the job rate of their salary grade or equated grade on the July 1, 2015 M/C Salary Schedule. Nevertheless, even in these two situations, it may be appropriate to provide the 2% Parity Increase if the employee’s salary does not properly reflect the effect of the three percent general salary increase effective April 1, 2009 or the four percent general salary increase effective April 1, 2010. For these cases, or other situations that may transpire, agencies will be contacted to review the salary histories of certain employees and will work with the Division of the Budget to provide these increases, if appropriate, retroactive to July 1, 2015.