November 21, 2023 — President Wayne Spence and several PEF directors updated members on important updates regarding carried-over vacation accruals, anti-union activity, and PEF’s legislative agenda on Nov. 15 during a Telephone Town Hall.
“Let me start with what I believe is the most urgent item,” President Spence began. “This could literally be costing our members money, and other unions, like CSEA and NYSCOBA, could be affected as well.”
Click here to listen to the Telephone Town HallCOVID Accrual Extension denied by the State
At the height of the pandemic, starting in April 2020, and through April 2023 PEF negotiated with the state to allow PEF members to carry over vacation accruals beyond the 40-day April 1 contractual cap.
“These accruals will be forfeited if not used by December 31, 2023,” said Director of Contract Administration Debra Greenberg. “This is despite the fact that PEF requested to extend the deadline to April 1, 2024.”
The state’s insistence on the December 31 deadline means that there are now two different deadlines for use of accruals depending on when members accrued their time.
“Accruals that were carried over above the 40-day cap on April 1, 2023, must be used by December 31, 2023,” Greenberg said.
Accruals earned since April 1, 2023 will not be subject to the 40-day cap until April 1, 2024
“As long as accruals were earned on or after April 1, 2023, you can potentially be over the 40-day cap,” Greenberg said. “We want people to be clear on this, since some agencies provided misinformation about PEF members losing any accruals over 40 days after December 31, 2023.”
Because there are now only about six weeks left in the year, PEF recommends any member with carried-over leave subject to forfeiture request time off now, even if they think or know that it will be denied.
“You must put in your vacation requests in writing and ask for a response within five days,” Greenberg said. “If your supervisor verbally denies the request, be sure to confirm the request in writing. Send them an email and save the denials.”
“We don’t want to leave any money on the table,” Greenberg said. “Five days of accruals is a week’s pay, and we will do what we can to try and get that money back for people who were not able to use their accruals and had to forfeit them after December 31, 2023. PEF will be seeking compensation for those denials.”
Members who are unsure about their balance of carried over accruals have a few ways to find that information. For agencies using LATS to track their time, there should be a “COVID 20” tracker in the software. Other members should ask their HR or personnel office to provide the balance of their carried over vacation accrual within 48 hours.
For employees in agencies that did not separately track carried over vacation accruals, the balance of these accruals can be estimated. To do this, subtract any vacation accruals charged since April 1, 2023 from your vacation balance as of April 1, 2023. Anything over 40 days is your “carried-over” accrual balance and must be used by December 31, 2023.
If you can’t or don’t want to take time off, consider PEP
“Members at Salary Grade 24 or under may use vacation accruals and carryovers as a credit to help offset their share of health insurance premiums though the Productivity Enhancement Program (PEP),” Greenberg said. “If you are at risk of forfeiting carried-over accruals, please keep the PEP program in mind.”
PEF is in conversation with OER and the Governor’s Office about this issue. Greenberg said that agencies are going to be reviewing and approving requests at the direction of OER and the Governor.
“Once again, please be sure to put in your requests as soon as possible and make sure you keep a record of any denials,” Greenberg said.
Fighting Back against Anti-Union Organizations
PEF has been working to combat anti-union sentiment from organizations like the Freedom Foundation and Opt Out NY for some time now. However, despite the work being done, the influence of these organizations is rising nationwide.
“I received an email not too long before this call from a member asking about an $800 refund,” President Spence said. “These groups are doing whatever they can to target our members and get them to leave the union.”
PEF Director of Organizing Dan Carpenter said that he and his team are doing as much as possible to educate members.
“Unions have historically been the backbone of the labor force — we were talking about the effect COVID accruals are going to have on other public unions — PEF is fighting for you and for other unions,” Carpenter said. “However, the anti-union movement aims to weaken us and promote misinformation to discourage union membership.”
PEF Organizing is taking that message directly to members in Region 8 for the rest of the year.
“We will be set up at a table in the Empire State Plaza every Wednesday during lunch time to talk to members and employees in the area about PEF, the contract, and other issues,” Carpenter said. “For those who are not in Albany and cannot visit the plaza, please email me — Daniel.Carpenter@pef.org — and we will connect with your leaders and figure out how to provide this education to you and other members.”
Solidarity is the key, Carpenter said. Combating anti-union forces requires a combined effort of education and solidarity by union leaders and members.
“We can preserve the integrity of our unions and continue to fight for the rights and welfare of workers,” Carpenter said. “Please talk to your folks about dangerous communications and we will be sure to connect you with other leaders to have these conversations as well.”
AFT, one of PEF’s parent unions, recently sent a cease-and-desist letter to the Freedom Foundation.
“This is the first time in my history I’ve seen this happen,” President Spence said. “Unions are beginning to work together to combat these groups.”
PEF’s Legislative Agenda
Legislative Director Patrick Lyons spoke about PEF’s priorities for the upcoming New York State legislative session, which officially begins on Jan. 4, 2024.
“As many of you know we are in the middle of an unprecedented staffing shortage,” Lyons said. “Public sector workers logged over 22 million hours of overtime at a cost of $1.3 billion to the state last year.”
One of PEF’s top priorities is reforming Tier 6, the current rules governing the pension plan for State workers. PEF believes the state must provide a greater incentive to attract and retain new employees. The union urges the State to standardize employee contributions into the pension plan at 3% and end the sliding scale of contribution.
“We have been able to achieve a compensation upgrade through our contract and the New York State budget includes money set aside to conduct a paygrade study,” Lyons said. “Now, we need to do more. We need to end the lag payroll system and not penalize new employees who are waiting for their money.”
PEF continues to support legislation that protect workers in the state’s correctional facilities. Similarly, the union is pushing back on laws that do not hold violent criminals accountable for their actions, like the parole law called “Less is More.”
PEF also has legislative policy and budget requests surrounding the support of the Department of Labor Enforcement Operations—asking for a budget that allows for better enforcement of laws that protect vulnerable, at-risk workers—and requests to address suspensions and closures of OPWDD facilities.
“Over the next few months, you may receive an email asking that you sign a letter or make a phone call,” President Spence said. “I hope that this update provided you with the information needed to understand why it is important for you to sign on.”
Black Friday at Membership Benefits
To conclude the Town Hall, PEF Membership Benefits Administrator Stephanie McLean-Beathley shared with members an upcoming holiday discount.
“MBP is happy to announce that we are having a Black Friday Gift Card Sale beginning Monday, November 20th,” McLean-Beathley said.
The Black Friday Gift Card sale discounts even further the price of eight gift cards: Applebee’s, Ruby Tuesday, Honey Baked Ham, Buffalo Wild Wings, Yankee Candle, Jewlery TV, Arby’s and Burger King.
President Spence wished all members a happy holiday season and thanked them for their service. He promised additional Town Halls whenever they are merited in the New Year.