May 2004 Grievance Concerning Bulletin Boards

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Mr. Joseph Lattanzio

Director of Employee Relations

Department of Environmental Conservation

625 Broadway, 10th Floor

Albany, New York 12233-5051

                                                                             Re:             625 Broadway Bulletin Boards

Dear Mr. Lattanzio:

           I write in response to your memorandum of April 12, 2004 regarding bulletin boards at 625 Broadway, and as follow up to the meeting of March 29, 2004.   

After consultation with local PEF leadership on this issue, your April 12^th proposal is not acceptable to the union for the reasons we expressed at the March 29^th meeting. At this juncture, it also appears that further discussions about a potential “mutual understanding” pursuant to Article 4.3(b) of the State/PEF Agreement are unlikely to bear fruit.  

Thus, the Union hereby demands that management satisfy its independent contractual obligation to provide bulletin boards pursuant to the provision of Article 4.3(a).  As Arbitrator Rinaldo has clearly ruled, management’s proposed location of the southwest walls outside the pantries satisfies the accessability requirement contained in Article 4.3(a).  Therefore, the union acknowledges that immediate posting of 3’ x 4’ bulletin boards outside the pantries on Floors 2-5 and 8-14 of 625 Broadway (in addition to the enclosed board off the rear lobby on the 1st floor and boards in the break rooms on Floors 6 and 7 as you have proposed) will satisfy management’s obligations pursuant to Article 4.3(a).       

            As to any assumed further obligations under Article 4.3(b), with management’s posting of bulletin boards pursuant to Article 4.3(a), the union relinquishes any further interest in additional efforts to reach a “mutual understanding” pursuant to Article 4.3(b) regarding additional bulletin boards or alternative placement of boards.              

            In sum, we look forward to the prompt positing of bulletin boards in the locations management has already proposed.  I anticipate this can reasonably be accomplished on or before Friday, May 7^th.  Please let me know immediately if this will not be possible.   

            In addition, please feel free to call me if you have any other questions or concerns regarding this letter.  I can be reached at 785-1900 ext. 223.       

                                                                        Yours truly,

                                                                        Elizabeth S. Hough

                                                                        Associate Counsel

                                           Contract Administration Department 

Cc:       James Tuffey

            James Walsh

            Michael Keenan

            James Kemenash

From: Mike Keenan

To: Lattanzio, Joseph

Date: 3/1/04 10:52AM

Subject: Bulletin Boards for PEF's Exclusive Use

Upon the advice of PEF's Office of Contract Administration, concerning the arbitrator's decision (GOER #2002-04-004), PEF/encon request that DEC comply with Article 4.3(a) by expeditiously placing boards on floors two though fourteen on the southwest walls outside the pantries.

It is PEF/encon's belief that it is reasonable to have this accomplished within two weeks.