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December 19, 1994

1994.12.19: ALAA/1199 News Update

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ALAA/1199 News Update
December 19, 1994

Association of Legal Aid Attorneys/Legal Aid Chapter of 1199

568 Broadway, Rm. 702A, NY, NY 10012-3225•212.343.0708•FAX 212.343.0966

Buyout Update

The Society will announce by Thursday the number of buyouts and transfers available to Staff Attorneys. As explained previously, please note that the number of buyouts in CDD and CAB will depend on the number of Supervising Attorneys who take up an offer to return to staff in those divisions, and therefore may be considerably fewer in number than the 50 originally under consideration.

Cross-Divisional Boro Meetings

Cross-divisional informational membership meetings will be held as follows:

Bklyn – Thursday, 5 p.m., 175 Remsen Street, 8th Floor

Manh – Wednesday, 5 p.m., Union HQ, 568 Broadway

(Meetings in Bx, Qns, SI TBA)

CDD Restructure

The city-wide joint CDD structuring committee will hold its third meeting tomorrow, Tuesday, 3 p.m. at 15 Park Row, 10th floor Training Room. Among the agenda items will be the future of STAB/MOPP attorneys.

December 15, 1994

1994.12.15: ALAA/1199 News Update

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ALAA/1199 News Update
December 15, 1994 Association of Legal Aid Attorneys/Legal Aid Chapter of 1199

568 Broadway, Rm. 702A, NY, NY 10012-3225•212.343.0708•FAX 212.343.0966

Buyout Requests In

As of today’s 5 p.m. deadline to send in or withdraw buyout applications, 61 CDD/CAB Staff Attorneys had requested buyouts.  Meanwhile, late this afternoon CDD/CAB supervisors were notified of whether they will be retained as managers, returned to staff, or laid-off.

Transfers to Non-Criminal Divisions

ALAA and the Society have agreed that Staff Attorneys in non-criminal divisions will have an equal opportunity to apply for open positions in those divisions.  Were an attorney in those divisions picked for a currently open slot, a transferring CDD/CAB attorney would take the slot opened by that intra-division transfer.

Furloughs

The Society has taken under consideration ALAA’s query about whether attorneys will be able to bank and contribute their unpaid furlough days to other attorneys.

CDD Restructuring

Support Staff “Banding.” Yesterday, 1199 representatives met with Management to discuss the Union’s alternate proposal for broadening support staff job classifications.

In response to the Board’s suggestion of two job bands, the 1199 proposal calls for the following six bands:  clerical, secretarial, legal assistance, social service, investigation and communications.  Under this proposal, statistical assistant, CSA, library clerk, community escort and communications positions would remain in central units rather than teams.

In yesterday’s meeting, Management agreed that:  1) Some DLAs (Defense Legal Assistants) would remain posted at Rikers Island, while others will be assigned to teams;  2) DLAs will be supervised by an attorney-supervisor;  3) Social workers supervisors will be available to assist Sentencing Advocates (FSAs and FSWs), who will work in the teams;  and 4) Supervisors will be available to oversee those positions, such as word processors, CSAs and general administration, which will remain centralized.

Management and 1199 participants reported that the meeting was very productive.  Further discussion will follow shortly.

City-Wide Transition Committee. Also meeting yesterday afternoon was the citywide CDD transition committee, composed of representatives from the two unions, CDD and central Management.

The meeting heard reports from all four office-level joint Union-Management transition committees.  Most speakers underscored the importance of allowing each office the freedom to adapt the “team” model to the needs of their local legal practice, particularly in such areas as the number of complexes to begin with, team size, arraignment coverage, and length of team coordinator terms.

ALAA representatives also stressed that it is essential for supervisors to retain the responsibility of arranging emergency case coverage, which would otherwise overwhelm team coordinators.

While many of these and other issues are not yet fully resolved, there was general consensus that flexibility in implementing the “team” model is essential and that issues such as those above should be referred for resolution to the local joint office committees.  Next week, the committee will also take up the role of STAB/MOPP attorneys (senior attorneys who handle particularly difficult cases) under the new CDD structure.

December 14, 1994

1994.12.14: ALAA/1199 NEWS UPDATE

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ALAA/1199 NEWS UPDATE

DECEMBER 14, 1994

ASSOCIATION OF LEGAL AID ATTORNEYS/LEGAL AID CHAPTER OF 1199

568 BROADWAY, RM. 702A, NY, NY 10012-3225•212.343.0708•FAX 212.343.0966

YESTERDAY’S MEETING ON THE CITY CONTRACT

LAS president Tom Brome reports that his meeting yesterday with representatives of the Giuliani administration was generally productive in reviewing the Society’s counterproposal to the City’s proposed contract language.

The City, however, continues to demand an “arraignment bureau” which violates continuity of representation, and a no-strike clause. The Unions have repeatedly made clear that they will not agree to those demands. Discussions resume on Friday.

BUYOUT CORRECTIONS & FURTHER CLARIFICATION

●UNEMPLOYMENT INSURANCE CORRECTION. Yesterday’s bulletin incorrectly stated the amount of unemployment benefits available to those who accept buyouts. Benefits of a maximum $300/week (not per month) are available to those who have not worked more than three days during the week of filing.

●NUMBER OF BUYOUT REQUESTS RECEIVED. The Society reports that 41 CDD/CAB Staff Attorneys have applied for buyouts as of this morning.

●TRANSFERS APPLICATIONS. The Society also reports that 32 Staff Attorneys have applied to transfer to other positions: 26 from CDD, 5 from CAB, and 1 from Civil. Of those, 22 wanted the Federal Defender Division, 3 wanted CAB, and 1 wanted Civil.

FURLOUGH

●APPLICABILITY TO MANAGEMENT. The ALAA Bargaining Committee’s initial proposal for a Staff Attorney furlough was accompanied by the proposal that the furlough apply equally to Management. Board president Tom Brome yesterday rejected the latter but said that instead the Society will withhold a year of pension contributions for managers and exempt (non-union, non-management) staff. He has previously stated that remaining managers will make a contribution of at least $1 million toward the budget crisis.

●APPLICABILITY TO NON-CRIMINAL DIVISIONS. The ALAA Executive Committee voted last night, without opposition, to exclude divisions other than CAB and CDD from the Union’s furlough proposal. The reason for this decision is that, unlike the latter divisions, support for Civil, Federal, Juvenile Rights and Volunteer divisions comes from sources (city, state, federal, private) whose funds cannot be applied to the budget gap in CDD and CAB without jeopardizing future funding for those divisions, if at all. Moreover, non-criminal division attorneys are not eligible for buyouts on the same basis as CDD/CAB attorneys. For these and other reasons, therefore, it seems unwise to furlough attorneys in the other divisions at this time.

FORFEITURE OF CDD COMPENSATORY DAY BUYBACKS

Particularly in light of the reduced scope of ALAA’s furlough proposal, the ALAA Executive Committee voted last night to forfeit, rather than defer, payout for the five compensatory days at issue. The Committee, however, rejected the Board’s request for a forfeiture of any pension contributions.

CDD RESTRUCTURE

●NUMBER OF SUPERVISORS PER COMPLEX/CLUSTER. Last night, the Board agreed to proposals from ALAA, CDD supervisors and others that there be two, rather than one, supervisor in all CDD complexes/clusters. This decision constructively addresses one of the major concerns voiced about the way in which CDD restructuring will occur.

●ALAA POSITION. Shortly thereafter, the ALAA Executive Committee voted by 17-4-6 to reiterate the Unions’ view that CDD restructuring toward the Team Model is an experiment, and to fully support and participate in that restructuring on the basis of areas of agreement already reached, and on clarification of the outstanding issues which remain.

●SUPPORT STAFF. The Board and 1199 representatives will meet today to discuss an 1199 proposal on restructuring CDD support staff.

●JOINT TRANSITION COMMITTEE. The ALAA/1199/Management joint transition committee will meet at 3 p.m. today at Park Row to discuss the status of restructuring.

PENSION STATEMENTS

The ALAA pension trustees have received numerous reports from Staff Attorneys who believe that their recent pension statements were incorrect. Please contact them with details: Martha Conforti (718-579-3030), Jan Marcus (718-579-3173), and Young Ran Ra (718-286-2217).

ALAA DECEMBER BORO-WIDE MEETINGS

The ALAA Executive Committee voted last night to hold cross-divisional meetings in the boros during December to discuss the issues now before us. Details will follow.

December 13, 1994

1994.12.13: ALAA/1199 News Update

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ALAA/1199 News Update
December 13, 1994 Association of Legal Aid Attorneys/Legal Aid Chapter of 1199

568 Broadway, Rm. 702A, NY, NY 10012-3225•212.343.0708•FAX 212.343.0966

City Contract Negotiations

Board president Tom Brome will meet again today with City officials concerning the terms of the City’s proposed Legal Aid criminal contract.  ALAA’s suggestions on the contract draft were conveyed to the Board over the last few days.

Buyout Clarifications

Availability in Non-Criminal Divisions.  The Society has confirmed that the maximum number of 50 buyouts contained in its December 8 memo to staff refers to those available to attorneys in the Criminal Defense Division and Criminal Appeals Bureau.  Attorneys in other divisions will be considered for buyouts only if a CDD or CAB attorney is interested in transferring into a non-criminal division, thereby ensuring that the receiving division will not lose a funding line.

Because of confusion on this point, the Union has proposed that the buyout deadline be extended, and will notify attorneys when the issue is resolved.

Preference for Open Non-Criminal Positions.  Staff Attorneys will have preference over supervisors for open positions in non-criminal divisions.  However, there is no rule about the particular jobs into which transferees will be placed.  Therefore, non-criminal attorneys who are interested in a particular position within their division should put in a regular transfer request ASAP.

Three-Year Commitment Rule Waived for Transfer.  The Society will suspend the 3-year commitment rule for attorneys wishing to transfer from CDD/CAB to other divisions.

Seniority Calculation.  Seniority for buyouts will be based on actual time in service, rather than pay step.

Unemployment Information.  The Society’s December 8 memo states that:

Volunteers [for severance] are eligible for unemployment insurance benefits.  The Society will regard these terminations as economic layoffs.  We will provide additional information on how to file for benefits to individuals who accept this offer.

According to government agencies, unemployment benefits are payable for up to 26 weeks, at a rate of approximately half of one’s weekly gross earnings, up to $300/month.  Benefit rates are based on your total earnings in the past 52 weeks.  In the week of filing, an applicant must not have worked 3 days or earned more than $300.

To apply for unemployment benefits, go to the office of the NYS Labor Department nearest your home or office (a listing can be found in the Blue Pages of the phone book).  Offices are open Monday – Friday, 8:30 a.m. – 5 p.m.  Mondays are the busiest days.  Bring your social security card, your LAS ID and your paystubs.

For further information, call the Department of Labor:  718-488-1800.

Furloughs

Subject to membership ratification, the following clarification would apply to the Bargaining Committee’s proposal for a one-week furlough:

Applicability to Management.  ALAA’s proposal calls for the furlough to apply to Management.  We are awaiting the Board’s response to this proposal.

Applicability to Non-Criminal Divisions.  Savings from a furlough in non-criminal divisions would not be available to ease the effect of City budget cuts in the criminal contract.  Discussion is now underway with the Board about how savings generated by a furlough could be used beneficially in the non-criminal divisions.

Vacation Substitute.  The Society has informed ALAA that no savings would result from allowing attorneys to contribute vacation days in lieu of work days.

Applicability to Step 13.  Because step 13 attorneys do not receive step increases, some members have advocated that attorneys on that step be exempt from a furlough.  Without expressing any view on this proposal, the Society has confirmed that it has no objection to raising an equivalent amount of money by spreading the pain among those attorneys who are not on step 13.

Compensatory Day Buyback

The “comp. day buyback” referred to in the Union’s December 5 bulletin actually refers to ALAA’s proposal that CDD Staff Attorneys relinquish their right to sell back five compensatory days during this year.  CDD attorneys earn compensatory days as a result of evening or weekend arraignment assignments.

CDD Developments

Restructuring.  The ALAA Executive Committee will vote this evening on a Bargaining Committee proposal that ALAA reiterate its view that the “team” concept is an experiment, and that ALAA endorse restructuring based on the agreement it has reached with the Board on most issues (continuity, coverage of institutional assignments, election and role of co-coordinators, etc.) and the resolution of other pending issues.  Support Staff issues remain in abeyance pending further discussion between 1199 and the Board.

ALAA Membership Meeting

Tonight, the ALAA EC will discuss the timing of a city-wide membership meeting vote on the Bargaining Committee’s offer to the Board.  A major consideration is how to time the vote to consider a package to which the City has already responded.  Also under consideration will be an earlier city-wide membership meeting for discussion only.

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