Unions Seek Restraining Order Following Furlough Vote

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    NEWSLETTERS

    AP
    A state worker holds a sign during a rally against Gov. David Paterson's furlough plan outside the Capitol in Albany, N.Y., on Monday, May 10, 2010. Paterson is resorting to one-day furloughs each week for about 100,000 state workers after unions refused earlier requests for lag pay and suspending their 4-percent raises. Paterson says he will stop the furloughs, scheduled to begin the week of May 17, if unions agree to concessions.

    The state Legislature on Monday authorized unprecedented furloughs to deal with the state's fiscal crisis but the powerful worker unions has already filed a lawsuit seeking a temporary restraining order.

    The unions have rejected every request for contract concessions since last fall.

    The Civil Service Employees Association has already filed legal action seeking a temporary restraining order with the federal court in Albany.  "CSEA has repeatedly said that Governor David Paterson's plan is misguided and will create chaos and crisis," said CSEA President Danny Donohue. "CSEA will doing everything we can to protect the rights of our members and the services they provide to the people of New York," the group said.

    Paterson forced a vote on an emergency spending bill that includes the one-day-a-week furloughs for about 100,000 state workers, meant to save $30 million a week beginning May 17.

    Even though the Senate and Assembly majorities oppose furloughs and call the action illegal, they voted for them because the furloughs couldn't be separated from the spending bill. Rejecting that measure would have shut down state government.

    For state workers making an average salary of $64,164 a year, a furlough would cost about $267 a week, which they wouldn't get back under Paterson's plan. The unions had previously rejected a request to temporarily delay their annual 4 percent raise, worth about $53 a week for the average worker.

    "Furloughs are the least preferable option, but they have made it necessary,'' said E.J. McMahon, an analyst for the fiscally
    conservative Empire Center for New York State Policy.

    The unions have so far refused requests by the Paterson administration for lag pay and for suspending their raises for a year to as Paterson puts it share in the sacrifice of all New Yorkers in the recession.

    The Civil Service Employees Association was seeking a restraining order with the federal court in Albany. The New York State Public Employees Federation, which represents 58,000 professional, technical and scientific employees, also said it would file for a temporary restraining order.

    "It's not going to be enacted,'' said Assembly Finance Committee Chairman Herman "Denny'' Farrell, a New York City
    Democrat. "A contract is a contract.''

    Assemblyman Charles Lavine, a Nassau County Democrat, called the essentially 20-percent pay cuts for state workers ``illegal,
    illogical, immoral and it's repugnant.''

    Union leaders say members have already made the same sacrifices as other New Yorkers, including paying the record high tax
    increases in last year's budget.

    They also offered ideas they say would save millions of dollars, first among them firing state consultants and replacing them with union workers.

    Paterson had targeted $250 million in savings from the unions to address the deficit, but each of those ideas has been rejected. He also agreed to avoid layoffs this year, while state unemployment is at 8.6 percent, but said he may reconsider that.

    "They have made no sacrifice at all,'' McMahon said of the nearly 300,000-worker force, 23,000 of whom make more than $100,000
    a year.

    Assembly Speaker Sheldon Silver, a Manhattan Democrat, said he believes the unions should provide $250 million in concessions, but that the courts would likely overturn the forced furloughs.

    Labor leaders held a rally Monday outside the Capitol. About 2,000 union members on their lunch hour and personal time, some
    driven from home on union-leased buses, chanted in front of TV cameras outside. The rally was one in a series held across the
    state Monday.

    "We have a contract!'' shouted Public Employees Federation President Kenneth Brynien to members surrounding a 10-foot inflated
    gray rat. ``We call this a mugging. This is not negotiation. We call this extortion!''

    "This is an incredibly stupid idea!'' Hughes shouted to cheers. The unions also are turning the tables on the Legislature. The
    New York State AFL-CIO on Monday began targeting individual Democratic senators it says betrayed working people.

    Union members are calling voters and giving them fliers. Every seat in the Legislature is up for election this fall, and incumbent
    lawmakers have traditionally depended on the influence and money of unions to boost their campaigns.

    The labor organization cites several actions in which the Legislature refused to take the unions' position.

    Legislators said doing so would have shut down government.

    "The costs of inaction are simply too high,'' said Senate Majority Conference Leader John L. Sampson, a Brooklyn Democrat
    Republicans in the Senate voted against the bill with emergency spending and furloughs, saying the Democrats who lead legislative and executive branches have devolved into no negotiations for the budget that was 40 days late.

    The Democratic majority mustered just enough votes all 32 needed to pass the emergency spending bill with the furlough element.

    A state government shutdown would likely result in massive layoffs, a temporary halt to state services including health care
    for the poor, construction projects, unemployment benefits and likely disruption to local governments and schools that depend on
    state resources.

    Assemblyman John McEneny, an Albany Democrat who represents the most state workers, said no legislator wants furloughs, but
    shutting down government would stop unemployment checks for 600,000 New Yorkers and their families and hurt 111,000 people in nursing homes. He said only the governor wants furloughs.

    "Innocent people pay the price of brinksmanship,'' McEneny said. The measure passed 82-56 in the Assembly, with most
    Republicans opposed.