INSTRUCTIONS: File an original and four (4) copies of this DO NOT WRITE IN THIS SPACE

charge with the Director of Public Employment Practices and

Representation, New York State Public Employment

Relations Board, 80 Wolf Road, Albany, NY 12205-2670. If Case No. U-

more space is required for any item, attach additional

sheets, numbering item accordingly.

Date Received:


a. Name (If employee organization, give full name, including any affiliation and local name and number):

Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO

b. Address (No. & Street, City and Zip Code, County):

Telephone Number:

Civil Service Employees Association, Inc. 143 Washington Avenue

Albany, New York 12210

Albany County

Phone: (518) 257-1279

c. Name and title of the representative filing charge:

Ross Hanna

Director of Contract Administration

d. Name, address and telephone number of attorney or other representative, if any, to whom correspondence is to be directed:

Nancy E. Hoffman, General Counsel (Timothy Connick, of Counsel) CSEA Legal Department

143 Washington Avenue

Box 7125 Capitol Station

Albany, New York 12224

Phone: (518) 257-1443 Facsimile: (518) 449-1525


a. Name and Address (No. & Street, City and Zip Code, County):

State of New York

Governor's Office of Employee Relations 2 Empire State Plaza

Albany, New York 12223

b. Telephone Number: (518) 473-8766

3. Is the charging party filing a separate application for injunctive relief pursuant to §204.15 of the Board's Rules of Procedure?



Not at this time.


Pursuant to Article 14 of the Civil Service Law, as amended (Public Employees' Fair Employment Act), the charging party hereby alleges that the above-named respondent(s) has (have) engaged in or is (are) engaging in an improper practice within the meaning of the following subsections of Section 209-a of said Act (check the subsection(s) allegedly violated):

If by a public employer (X) 209-a.1 (a)

( ) 209-a.1 (b)

( ) 209-a.1 (c)

(X) 209-a.1 (d)

( ) 209-a.1 (e)

( ) 209-a.1 (f)

If by an employee organization ( ) 209-a.2(a)

( ) 209-a.2(b)

( ) 209-a.2(c)*

* If the charge alleges a violation of Section 209-a.2(c) of the Act based on an employee organization's processing of or failure to process a claim that a public employer has breached its agreement with such employee organization, identify the public employer:

a. Name and Address (No. & Street, City and Zip Code, County): N/A

b. Telephone Number:

5. Specify in detail the alleged violation(s). Include names, dates, times, places and particular actions constituting each violation. Use additional sheet(s), if necessary. Failure to supply sufficient factual detail may result in a delay in processing or dismissal of the charge.

See attached.

6. If the charge alleges a violation of Section 209-a.1 (d) or 209-a.2(b) of the Act, has the charging party notified the Board in writing of the existence of an impasse pursuant to Section 205.1 of the Board's Rules of Procedure?



7. The charging party is available immediately to participate in a pre-hearing conference and a formal hearing.

.x, YES





Ross Hanna, being duly sworn deposes and says, that he is the charging party above named, or its representative, and that he has read the above charge consisting of this and one additional page, and is familiar with the facts alleged therein, which facts he knows to be true, except as to those matters alleged on information and belief, which matters he believes to be true.

ignature) Ross Hanna CSEA Director of Contract Administration

Subscribed and sworn to before me this 21 st day of September, 2010.



1) The State of New York ("State") is a public employer within the meaning of the Taylor Law. Governor David A. Paterson ("Governor") is the chief executive and head of State government.

2) The Civil Service Employees Association, Inc., Local 1000 AFSCME, AFL-CIO

("CSEA"), is an employee organization within the meaning of the Taylor Law, and represents approximately 65,000 employees employed by the State. CSEA represents Executive department and agency employees in the Institutional Services Unit ("ISU"), the Administrative Services Unit ("ASU), the Operational Services Unit ("OSU") and the Division of Military and Naval Affairs Unit ("DMNA").

3) On July 22,2009, the State and CSEA entered into the memorandum of

understanding that is annexed hereto as Exhibit "A."

4) As set out in paragraph 1 of the aforesaid agreement, the State specifically agreed

that "upon enactment of Tier V legislation ... there will be no layoff, or threat of layoff, of CSEA represented employees for a period up to and including December 31, 2010" (emphasis added).

5) Said Tier V legislation was enacted on December 10,2009 --- McKinney's 2009

Session Laws, Chapter 504 (annexed hereto as Exhibit "B").

6) Despite the foregoing, the State has repeatedly since that time threatened layoffs

of CSEA-represented employees, specifically and among other times as follows:

a. On June 1, 2010, unnamed sources from the Paterson Administration told the New York Times that the Governor was putting together a plan that would layoff thousands of government workers.

b. On June 2, 2010, the Governor himself publicly announced that his administration was in the "elementary stages" of drawing up a plan for state worker layoffs.

c. On June 16, 2010, the Governor publicly stated that he would shortly begin state employee layoffs.

d. On June 27, 2010, Budget Director Robert Megna publicly said plans for layoffs would begin in the following month.

e. On July 22, 2010, Director Megna again told the news media that the administration was planning layoffs.

f. On July 26, 2010, the Governor told the news media that they were planning layoffs.

g. On July 27,2010, the Governor publicly said planning for layoffs would begin immediately.

h. On July 29, 2010, the Governor told the press that there would be over a thousand layoffs.

1. On September 16, 2010, the Governor publicly said layoffs would be commencing.

7) By making such threats again and again, despite the plain and straightforward

terms of their agreement, the State, and the Governor in particular, is acting in total disregard of the aforesaid contract's terms without any colorable claim of right, and has, in effect, rescinded the agreement at this point as to so much of it as relates to threats of layoffs and has effectively denied its validity.

8) By reason of the aforesaid repudiation of the agreement, the State has

deliberately, blatantly violated the Taylor Law.

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