THE ORGANIZATION OF NYSMANAGEMENT CONFIDENTIAL EMPLOYEES

An Affiliate of OPEIU Local 153, AFL-CIO

5 PINE WEST PLAZA r SUITE 513 r ALBANY, NEW YORK 12205-5587TELEPHONE: (518) 456-5241 - 1-800-828-OMCE * Fax: (51e) 456-3838

December lI,2014

VIA REGULAR MAIL AND EMAIL

Seth AgataActing Counsel to the GovernorExecutive ChamberNew York State CapitolAlbany, New York 12224

RE: A.9344 (Farrell) 15.7072 (DeFrancisco)An act in relation to establisking a special commission on compensationfor stateemployees designated managerial or confidential, and providingfor their powers andduties.

LETTER IN SUPPORT

Dear Mr. Agata;

The Organization of NYS Management Confidential Employees,Inc. (OMCE), an affiliateof OPIEU Local 153, AFL-CIO, a not-for-profit association representing New York Statemanagerial and confidential (M/C) employees before government agencies, the legislature andthe courts, strongly supports enactment of this bill which would establish a special commissionto examine, evaluate, and make recommendations with respect to compensation, adjustments andnon-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 benefitsin comparison to union-represented public employees. M/C employees holding the same gradelevel 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 earninghigher salaries than their supervising M/C employee.

The Director of the Budget has announced that the fiscal crisis is over in the State with aprojected surplus. M/C employees, however, have been waiting for their withheld salaries andlast 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 statebudget, the fundarnental issue with the withholding of the M/C employees' salary increases is theinequity 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 disparatelyburdened 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/Cemployees 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 areasonable and modest protection against inequitable withholding of salary increases against anyparticular group of non-unionizedpublic employees in the future.

Furthermore, there have been reports of recent discussions about the possibility of holding alegislative 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 theGovemor to correct all inequities within the State's pay and benefit structure for employees notrepresented 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 toinclude the salaries of Legislators, statewide elected officials, and heads of agencies and performa top-to-bottom, transparent evaluation of the salaries and benefits for public employees notsubject to a collective bargaining agreement. This approach would ensure equality and fairnessfor 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 aclear and resounding message that the M/C employees' contribution to the operations of the Stateis recognized and critical to the State's success and, more importantly, that they receive the sameconsideration as the unionized workforce of the Sfate.

For the foregoing reasons, OMCE strongly supports the signing of this bill into law.

Respectfully submitted,

Barbara ZarcnPresident

Joseph B. SanoExecutive Director