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STATE OF NEW YORK PUBLIC EMPLOYMENT RELATIONS BOARD

IMPROPER PRACTICE CHARGE

INSTRUCTIONS: File an original and four (4) copies of this charge with the Director of Public Employment Practices and Representation, New York State Public Employment Relations Board, 80 Wolf Road, Suite 500, Albany, NY 12205-2656. If more space is required for any item, attach additional sheets, numbering item accordingly.

DO NOT WRITE IN THIS SPACE Case No. UDate Received:

1. CHARGING PARTY a. Name (If employee organization, give full name, including any affiliation and local name and number): Civil Service Employees Association, Inc., Local1000, AFSCME, AFL-CIO b. Address (No. & Street, City and Zip Code, County): Civil Service Employees Association, Inc. 143 Washington Avenue Albany, New York 12210 c. Name and title of the representative filing charge: Steven A. Crain, General Counsel d. Name, address and telephone number of attorney or other representative, if any, to whom correspondence is to be directed: STEVEN A. CRAIN and DAREN J. RYLEWICZ CSEA,Inc. Legal Department 143 Washington Avenue Albany, New York 12210 Phone: (518) 257-1443 Facsimile: (518) 449-1525 Guy Dugas Deputy Director of Contract Administration CSEA,Inc. 143 Washington Avenue Albany, New York 12210 Phone: (518) 257-1279 Facsimile: (518) 434-0867 Telephone Number: Albany County (518) 257-1000

2. PUBLIC EMPLOYER AND/OR EMPLOYEE ORGANIZATION AGAINST WHICH CHARGE IS BROUGHT a. Name and Address (No. & Street, City and Zip Code, County): NYS Canal Corporation 200 Southern Boulevard, P.O. Box 189 b. Telephone Number: (518) 436-2700 Albany County Albany, New York 12201-0189

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

4. VIOLATIONS ALLEGED 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) (X ) 209-a.1 (b) (X) 209-a.1(c) (X ) 209-a.1 (d) ( ) 209-a.1(e) ( ) 209-a.1(f) ( ) 209-a.1 (g) If by an employee organization ) 209-a.2(a)* ) 209-a.2(b) ) 209-a.2(c)*

on an organization's If the charge alleges a violation of Sections 209-a.2(a) and/or (c) of the Act processing of or failure to process a claim that a public employer has breached 1ts agreement w1th such employee organization, identify the public employer: a. b. Name and Address (No. & Street, City and Zip Code, County): Telephone Number:

5.

in detail alleged Include dates, times, places and particular aG:tions constituting each v1olat1on. Use additional sheet(s), 1f necessary. Failure to supply sufficient factual detail may result in a delay in processing or dismissal of the charge.

See attached details.

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? YES XXXNO

7. The charging party is available immediately to participate in a pre-hearing conference and a formal hearing.
XXXYES NO

STATE OF NEW YORK SS.: COUNTY ALBANY

STEVEN A. CRAIN 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_!_ a itional page(s), and is familiar with the facts alleged therein, which facts he knows to be true, except as to those matters eged on information and belief, which matters he believes to be true.

General Counsel (Title) Subscribed and sworn to before me day of April, 2013. this

-A

KA.THERINE E. SMAIL Notary Public, State of New York No. 01SM5070947 [ . in NOTARPUBLiC=STATE OF NEW YORK Commission Expires '"; D h

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PERB 579 (3/12)

DETAILS OF CHARGE

Charging Party alleges, upon information and belief as follows: 1. The Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO (hereinafter "CSEA"), is an employee organization within the meaning of the Taylor Law. 2. The New York State Thruway Authority is a public authority organized and existing under the Public Authorities Law of the State ofNew York, and is a public employer within the meaning of the Taylor Law. 3. The New York State Canal Corporation (hereinafter "Canal Corporation") is a subsidiary of the New York State Thruway Authority 4. Law. 5. CSEA is the duly recognized and certified exclusive negotiating representative for a negotiating unit of employees of the Canal Corporation. 6. CSEA and the Canal Corporation are parties to a collectively negotiated agreement (hereinafter "Agreement") which expired on June 30, 2012. 7. Thomas J. Madison, Jr., is the Executive Director ofthe New York State Thruway Authority (hereinafter "Authority"). 8. Carlos Millan is the Director of Labor Relations for the Canal Corporation. The Canal Corporation is a public employer within the meaning ofthe Taylor

9. Negotiations for a successor Agreement between CSEA and the Canal Corporation commenced on October 12, 2012. 10. To date, a total of seven negotiation sessions have been held between CSEA and the Canal Corporation. 11. On December 19, 2012, Carlos Millan called CSEA to advise that employees were going to get seniority verification letters in preparation for potential layoffs. 12. By agency-wide email dated on about December 28, 2012, Executive Director Madison communicated to all Canal Corporation CSEA negotiating unit members, among other things, that layoffs are "a real possibility," and that every employee of the Thruway Authority and Canal Corporation would soon be receiving a letter from the Thruway Authority Personnel Bureau requesting verification of employment seniority date. 13. By letter dated January 29, 2013, Executive Director Madison advised all CSEA negotiating unit employees, among other things, that the Authority needed to implement cost savings through various means, including the collective bargaining process, and that it was now

implementing a workforce reduction plan that included the elimination of 234 positions from the Thruway and Canal Corporation organization. 14. By letter dated March 8, 2013, Thomas J. Madison notified all CSEA negotiating unit employees, among other things, that layoffs are scheduled to become effective the first week in April. The letter also specifically stated "Beginning in 2011, the Authority has reached out frequently to your union representatives and urged them to partner with us to address these fiscal issues. The letter went on to state "[i]fwe are not able to reach an agreement by April 3rd, the layoffs will occur and we will manage any impacts to ensure safe and reliable Thruway and Canal operations." The letter further stated: "I understand the impact layoffs will have on affected individuals, their families, and our entire organization and I sincerely hope we can partner with union representatives to avoid them." 15. By email dated March 20, 2013, to all CSEA negotiating unit employees, Executive Director Madison again advised that layoffs were scheduled to become effective at the close ofbusiness on April3, 2013, and that the management was continuing to meet with union representatives at the bargaining table, and that he remains hopeful that essential work force savings could be achieved through collective bargaining. 16. Thirty nine CSEA members of the CSEA negotiating unit were laid off from the Canal Corporation effective close ofbusiness April3, 2013. On information and belief, only unionized employees were laid off or are slated 17. for layoff and no encumbered non-union positions are scheduled to be abolished. 18. The Executive Director's communications to CSEA represented employees were sent for the purpose of coercing CSEA unit employees with the threat of layoff, and to persuade CSEA negotiators to succumb to Authority and Canal Corporation management demands. 19. Executive Director Madison's letters and emails in effect informs unionized Canal Corporation employees, including those represented by CSEA, that because they exercised their legal and contractual right to negotiate, they are being singled out among Canal Corporation workers for significant layoffs. 20. The layoffs announced by the Executive Director are intended to retaliate against unionized workers, including those represented by CSEA, for having exercised their contractual and legal rights to negotiate agreements. 21. Therefore, CSEA Unit employees are being deliberately coerced and interfered with in the exercise of their rights guaranteed in Section 202 of the Act for the purpose of depriving them of those rights. 22. The Executive Director is also deliberately attempting to interfere with the administration of CSEA for the purpose of depriving CSEA unit employees of their 202 rights by: 1) telling CSEA represented employees that CSEA's refusal to agree to terms sought by the Canal Corporation for a successor agreement is the reason they are being laid-off; and, 2) by

implying to those employees that they should overrule their elected CSEA representatives and agree to the concessions previously demanded by the Authority and Canal Corporation Management. 23. CSEA Unit employees are also being deliberately discriminated against for the purpose of discouraging their participation in CSEA. 24. The Executive Director's communications also constitute direct negotiations with CSEA represented employees over the concessions the Thruway Authority and Canal Corporation could not obtain from CSEA. Such deliberate conduct constitutes a failure to negotiate in good faith with CSEA.
WHEREFORE, CSEA respectfully requests PERB grant the following relief:

A. ORDER respondent to cease deliberately interfering with and coercing CSEA represented employees in the exercise of their Section 202 Taylor Law rights; B. ORDER respondent to cease deliberately attempting to interfere with the administration of CSEA; C. ORDER respondent to cease deliberately discriminating against CSEA represented employees in the exercise of their right to participate in CSEA; D. ORDER respondent to cease negotiating in bad faith with CSEA; E. ORDER that any CSEA represented employee who may be laid-off as a result of the employer's violations of CSL 209-a.l (a), (b), (c) and (d) be reinstated with full back pay and benefits; F. ORDER the posting of appropriate notices at every Authority and Canal Corporation facility; and G. GRANT such other and further relief as may be just and proper.

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