Saturday, July 14, 2012

Triborough Amendment is about Step Raises Not Strikes

The following was posted by E.J. McMahon on June 20, 2012 on the NYTorch.com blog.

"Unions have long claimed that there was a link between Triborugh and the strike prohibition.  But this is simply not true.

'As explained in our recent report, “Triborough Trouble,” the law was not enacted pursuant to any “agreement by unions not to strike.” Public employee strikes have never been legally permissible in New York. They were explicitly outlawed by the Condon-Wadlin Act in 1947, a full 20 years before unionization and collective bargaining in the public sector was authorized on a statewide basis. In 1967, the Taylor Law reaffirmed the strike ban, weakening some of the more draconian Condon-Wadlin strike penalties.

The Triborough amendment was enacted in 1982, based on a “doctrine” cooked up by a state labor arbitrator a decade earlier. In the mid 1970s, the state Court of Appeals ruled the Triborough doctrine did not require payment of automatic “step” increases after expiration of a contract, which is why public employee unions fought for the stronger law. They got it,'

So therefore the Triborough Amendment is all about Step Raises and nothing about unions ability to strike.

3 comments:

Ralph Mitchell said...

What is the primary root cause of having to close our neighborhood schools? Answer: Unbridled Increases in Teacher pay, benefits and pensions. Solution: Call Assemblymen Cahill and Lopez and tell them to support Assemblyman Robert Castelli's bill to repeal the Triborough Amendment which will disallow automatic step pay increases to continue after teacher contracts expire. New York State is the only state in the USA which has this generous Give-away to their teachers.

Ralph Mitchell said...

Your claim that "New York State is the only state in the USA which has this generous Give-away to their teachers." is ABSOLUTELY FALSE -- NY STATE IS THE ONLY STATE WHICH ALLOWS PAY INCREASES (IE. STEP INCREASES) AFTER A CONTRACT EXPIRES.

THE VAST MAJORITY OF STATES HAVE COLLECTIVE BARGAINING FOR TEACHERS

By repealing the Triborough Agreement, teachers would have to accept WHATEVER was offered, as they would be missing out on pay while they tried to negotiate the new contract. Since there is nothing being given by the other side in the negiation during this time, there is no incentive to give anything more. - IF YOU REPEAL THE TRIBOROUGH AMENDMENT, TEACHER STILL GET THEIR PRESENT SALARY......BUT......NO AUTOMATIC PAY INCREASES.........THAT IS THE KEY POINT THAT YOU GLOSS OVER!!

Hence, no Triborough Amendment, no collective bargaining. - IF YOU REPEAL THE TRIBOROUGH, YOU HAVE A MORE LEVEL COLLECTIVE BARGAINING TABLE.....THE TEACHERS UNION WILL REALIZE THAT THE RANK AND FILE WANT THE LEADERSHIP TO BARGAIN IN GOOD FAITH SOONER RATHER THAN LATER, SINCE NO PAY INCREASES.

What you are trying to do is get people to support the idea of the elimination of collective bargaining for public unions in New York State. The least you could do is let people know that is your goal. YES I AM ULTIMATELY FOR THE WISCONSIN SOLUTION OF NO COLLECTIVE BARGAINING EXCEPT FOR WAGES UP TO THE RATE OF INFLATION.

Have you ever considered moving to Wisconsin? Your ideas might be distasteful to fewer people there. After all, they elected Scott Walker. ONLY 5 PER CENT OF NEW YORKERS ARE IN STATE, MUNICIPAL AND TEACHERS UNIONS. i THINK 95 PER CENT OF NEW YORKERS WOULD LIKE TO HAVE THE WISCONSIN UNION AGREEMENT HERE IN NY STATE.

BTW, Cuomo will never let the TA be repealed. It would crush his 2016 presedential bid that he has already sacrificed so many New Yorkers for... CUOMO IS FOR CUOMO.......NO ONE ELSE.

Ralph Mitchell said...

Trading 1.5 per cent increase in health premiums for 1.75 per cent pay raise is a bargain for the principals and an on-going disaster for the tax payers and the students. Why the student? BECAUSE WE ARE CLOSING SCHOOLS IN ORDER TO GIVE PAY RAISES TO PRINCIPALS AND TEACHERS!!!