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THE ORGANIZATION OF NYS

MANAGEMENT CONFIDENTIAL EMPLOYEES


An Affiliate of OPEIU Local 153, AFL-CIO

5 PINE WEST PLAZA r SUITE 513 r ALBANY, NEW YORK 12205-5587


TELEPHONE: (518) 456-5241 - 1-800-828-OMCE * Fax: (51e) 456-3838

lI,2014

December

VIA REGULAR MAIL AND EMAIL


Seth Agata

Acting Counsel to the Governor


Executive Chamber
New York State Capitol
Albany, New York 12224

RE:

A.9344 (Farrell) 15.7072 (DeFrancisco)


An act in relation to establisking a special commission on compensationfor state
employees designated managerial or confidential, and providingfor their powers and
duties.

LETTER IN SUPPORT
Dear Mr. Agata;

The Organization of NYS Management Confidential Employees,Inc. (OMCE), an affiliate


of OPIEU Local 153, AFL-CIO, a not-for-profit association representing New York State
managerial and confidential (M/C) employees before government agencies, the legislature and
the courts, strongly supports enactment of this bill which would establish a special commission
to examine, evaluate, and make recommendations with respect to compensation, adjustments and
non-salary benefits of M/C employees of New York State.
The Governor is well aware of the increasing inequity of M/C employees' salaries and benefits
in comparison to union-represented public employees. M/C employees holding the same grade
level as union-represented employees are receiving increasingly less compensation and benefits,
and some subordinates, who are a member of a collective bargaining unit, are shockingly earning
higher salaries than their supervising M/C employee.
The Director of the Budget has announced that the fiscal crisis is over in the State with a
projected surplus. M/C employees, however, have been waiting for their withheld salaries and
last year believed the Governor would do so in the Budget. He did not.
Even if the Governor would cure the current inequities this upcoming year in the 2015-2016 state
budget, the fundarnental issue with the withholding of the M/C employees' salary increases is the
inequity imposed on a group of public employees that has no negotiating power. In other words,
there are no protections for the M/C employees from becoming the same group to be disparately
burdened as a result of a future fiscal crisis.

*Over 37 Years of Outstanding lWanagement Committed to Excellence*

The M/C employees' salary increases were withheld and neglecied for years, while M/C
employees saw new programs created throughout the State that required funding and staffing.
The time is right not only to restore the salaries of M/C employees but also to include a
reasonable and modest protection against inequitable withholding of salary increases against any
particular group of non-unionizedpublic employees in the future.
Furthermore, there have been reports of recent discussions about the possibility of holding a
legislative special session to address pay raises for the Legislature, statewide elected officials,
and heads of agencies. The current state of affairs presents a unique opportunity for the
Govemor to correct all inequities within the State's pay and benefit structure for employees not
represented by a union, while ensuring the State's fiscal stability going forward.

Through an executive order, the Governor could expand the Salary Commission's review to
include the salaries of Legislators, statewide elected officials, and heads of agencies and perform
a top-to-bottom, transparent evaluation of the salaries and benefits for public employees not
subject to a collective bargaining agreement. This approach would ensure equality and fairness
for all members of the State's workforce. Further, inclusion of the salaries of Legislators,
statewide elected officials, and heads of agencies with those of M/C employees would send a
clear and resounding message that the M/C employees' contribution to the operations of the State
is recognized and critical to the State's success and, more importantly, that they receive the same
consideration as the unionized workforce of the Sfate.
For the foregoing reasons, OMCE strongly supports the signing of this bill into law.
Respectfully submitted,

Barbara Zarcn
President

Joseph B. Sano

Executive Director