MARCH 14, 2008

COUNTY LEGISLATOR DANIEL M. KOZUB RELEASES STATEMENT ON THE LEGISLATURE'S RESOLUTION OF THE FACT-FINDER'S ISSUE

The Erie County Legislature recently took action to resolve a labor dispute between one of the County's collective bargaining groups and the County. The employees affected by this settlement are members of AFSCME Local 1095, who work for the County, Erie County Medical Center Corporation, the Erie County Home, the Buffalo & Erie County Public Library and Erie Community College.

Under New York State Civil Service Law, the Legislature is required to resolve the "Fact-Finder issue" once the report has been presented to the Legislature by the County Executive. The law does not authorize the Legislature to negotiate with the union, but merely to resolve the financial issues. It should be noted that this issue has been pending before the Legislature since November 2006.

Under New York State Law, the County Executive was prohibited from negotiating with AFSCME until the Fact-Finder issue for 2005 was resolved by the Legislature. This action by the Legislature frees the hands of the County Executive and the union, so now they can collectively bargain with respect to 2006 and 2007. It is hoped they can reach a long-term agreement in the best interest of all parties.

Some have criticized the Legislature's action, suggesting that it was inappropriate since it was not accompanied by give-backs from the union. I would only point out that since 2005, AFSCME members have given back to the county: (1) parks employees gave up premium pay for working weekends; (2) AFSCME employees agreed to single operators on plows; (3) AFSCME employees agreed to the single payer health plan; and (4) AFSCME agreed to modified work schedules which allowed the County Clerk's Office to be more efficient and have customer friendly hours.

As a Legislator, I recognize that we can not hope to make everyone happy as we attempt to address the problems facing this community. But I also realize that we have a legal responsibility to follow the law and balance the best interests of our employees with the resources we have available. Finally, the stage is set. The 2005 Fact-Finder issue is resolved by the Legislature as required by law. I urge the County Executive and the union to sit down immediately and begin discussions with an eye towards reaching a contractual consensus. The ball is in their court.

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