February 26, 2001 Directors of Human Resources To: Joyce Villa From: Employee Relations Update Subject: Topics covered: Workforce Champion Awards Employee Relations Website Parking Fees Clinical Practice Arbitration Workforce Champion Awards This is to advise you that the Governor’s Office of Employee Relations has announced the availability of the Workforce Champions Awards for 2001. We are asking you to publicize the availability of the program widely throughout your campus. The award is made competitively to recognize the accomplishments of employee teams from all the State agencies. Applications and nominations are being accepted through May 15, 2001. An explanatory brochure and application forms are attached for your use. Additional nomination forms can be obtained by visiting the GOER website or by calling (518) 474-5871. In the first year of the program, a SUNY team from Binghamton University, which included our own Sylvia Hall, was honored at receptions in Albany and at the campus. Employee Relations Launches Website The System Office of Employee Relations has launched its website effective February 23, 2001 at www.suny.edu/er/. The purpose of the site is to inform campuses of the many services offered by the Office, acquaint them with the staff and their areas of expertise, share substantive information on areas of interest to campus users and enable users to connect to other helpful websites. A key feature of the site is its linkage to all campuses (currently 26 out of 30, with 3 more in development) who have on-line vacancy announcements. This site, as well as 7 of the campus websites, was developed with small grants from funds made available by the State/UUP labor/management Committee on Employment. The Employee Relations site was developed with the able assistance of Alex DeMarco, System Administrator, who worked closely with the Office to create an informative, interactive site. The site needed to balance a desire to share information while at the same time keeping on-going maintenance to a manageable level. We welcome your comments for improvements on the site. Contact Lynne Scheilding at scheilla@sysadm.suny.edu, or 518 443-5684. Parking Fees Arbitrator Joel Douglas has just rendered a decision regarding parking fees at the University at Binghamton. In rejecting the campus’ proposed fee of $144.47 per year in favor of the union’s proposal that no fee be charged, the arbitrator cited several factors that influenced him. First, he noted that only three other SUNY campuses, all located in urban settings, charged a compulsory parking fee, and no other campuses were currently engaged in negotiations to assess a fee. He discounted the relevance of fees charged by private colleges in New York. While he found that UUP-represented employees could afford to pay a parking fee, he expressly rejected the argument that all other members of the Binghamton University community paid parking fees and, as a highly compensated group, UUP members should be expected to pay a commensurate fee. He noted substantial construction on the campus and the campus’ apparent financial health. He concluded that the economic crisis of the early 1990’s, which lead to the demand to negotiate fees, had apparently passed. Ultimately, the arbitrator rejected Binghamton’s argument that the cost of parking should be borne by employees, and found that the University had adequate resources to make this unnecessary. If followed by subsequent arbitrators, this award can pose a significant barrier to the successful imposition of parking fees at other campuses. If you are considering interposing a demand to negotiate parking fees pursuant to Article 38 of the State/UUP Agreement, please contact the SUNY System Office of Employee Relations at the earliest stage, so that we may discuss approaches. For copies of the full opinion, contact Lynne Scheilding at scheilla@sysadm.suny.edu, or 518 443-5684. Clinical Practice Arbitration In an award that reaffirms the proposition that arbitrators are not empowered to render medical judgements, the termination of a physician faculty member was recently upheld. Relying heavily on a document negotiated between the University, the UUP and GOER, the arbitrator found that the parties intended that the University not be liable for actions of affiliate hospitals and the doctor’s practice groups. In this case, a physician received part of his compensation from an area hospital, part of his compensation from a clinical corporation of which he and the members of the department were members, and part of his compensation from SUNY. The physician was notified of this by his initial appointment and subsequent reappointment letters. He was assigned to the trauma unit at the local hospital, but despite this assignment, the physician went skiing at nearby ski area. This was discovered when he fell, breaking his leg, and had to be checked into the emergency room at the hospital. Both the hospital and the practice corporation immediately terminated the grievant’s services given his conduct in his absenting himself, putting patients at risk. The University, instead of terminating him immediately, provided him with a year’s notice pursuant to the collective bargaining agreement and continued to pay him the University’s portion of his compensation. The physician filed a grievance contending that the state was liable for the portions of his salary that had been paid by the hospital and by the practice corporation. The arbitrator found that the University had acted properly and was responsible only for its portion of the compensation package. Attachment c: Chancellor King Mr. Miller Presidents, State-operated Campuses Business Officers