Coronavirus Update

Thursday March 19th, 2020

Dear COBA Members;

During the course of the management of the Coronavirus outbreak, there have been numerous questions regarding the clause in our contract potentially allowing for additional comp time off once an emergency has been declared. I have been dealing with this issue for the better part of the last week with the County, in between dealing with the constant issues popping up over the management of the Coronavirus crisis. A lot of misinformation has been spread about this issue and how it affects all of the Bargaining Units in Nassau County.  

To be clear, in our contract, Section 38-14 states:

38-14.1:

"In the event of adverse weather conditions that have impaired the use of available transportation facilities, or for other extraordinary circumstances, the County Executive or the County Executive's designated representative may at the County Executive's or the designated representative's discretion direct an employee, or group of employees either not to report to work, or to leave work. The employee's so directed shall be deemed to be absent with pay and shall not be charged for any time and leave credits due to such excused absence.

38-14.2:

Any employee who is required to remain at work after the County Executive or designated representative has dictated that extraordinary circumstances exist for that particular geographic, or location within Nassau County, shall receive equivalent compensatory time off at straight at straight time, hour for hour, as the employees who were sent home or directed not to work.

38-14.3

No employee who was previously scheduled off for vacation or reported sick, personal etc. will be entitled to the additional time off provided for by this section.

38-14.4

Any such release of employees directly or indirectly affected does not create any right to equivalent time off by any other employee or group of employees, not so released.

38-14.5

The existence of such extraordinary conditions during the employees next regular workday, by itself, shall not automatically relieve the employee from work. It shall be the obligation of the employee to communicate with the employee's Dept Head, to ascertain whether or not the employee must report to work. Such communication by the employee shall be prior to the employee's normal starting time.

38-14.6

The County Executive or the County Executive's designated representative's discretion in the administration of Section 38-14 shall not be reviewable."  

First, let me dispel some rumors, then advise as to where we are now.

1.) Rumor: It has been spread that the PD gets automatic "triple time" for all hours worked during a declared emergency. This is completely false. The PD receives no additional compensation whatsoever upon a declaration of emergency. Additionally, the PD has no such clause in their contract regarding Comp time off.        

2.) Rumor: Any potential accrual of Comp Time is not convertible to cash, and is not used for Termination purposes etc. There is no such language or agreement for ANY County Employee regarding this. Anything to the contrary is only a rumor.    

Now to the issue at hand:

CSEA has dozens of titles in their union, and during an emergency the County can designate who is essential to running the operations of government and who is not.

No one in the PBA, SOA, DAI or COBA has been or will be directed to NOT report to work, or go home as a matter of staffing during an emergency. We are all Essential Services. COBA and CSEA interpret Sec. 38-14 to mean that ANYTIME the County directs an employee to go home, Sec. 38-14 is triggered.        

The County did direct numerous CSEA ppl to stay home as part of staffing in an emergency, then directed approx 23 COBA members to go home and self isolate because of exposure in the first case of inmate COVID-19. These are two different issues, but to us the triggers were reached in both cases.      

The County has taken the position that the designation of "Essential Services" allows them to decide who they can grant this clause to. We disagree, as there is no reference to "essential services" anywhere in 38-14.  

The County allegedly told CSEA initially that they would give said Comp Time to their members who were directed to work. This opinion has now wavered because this is not a "snowstorm-like" event that lasts a day or two and that during an emergency such as this, in their opinion it is unrealistic to provide something that would create tens of millions of dollars in financial liability. While this may be true, we also have a contract clause that needs to be addressed.        

Additionally, the County's position is that no COBA Members were sent home as a matter of emergency staffing. They were sent home under the direction of the Health Dept for medical isolation, with full pay and no charge to their sick leave or SLA designation, therefore not triggering 38-14.

Again, we disagree.  

Where we stand now:

The County is not going to implement this clause as we interpret it and as such, we will prepare legal action regarding it. If they do implement this clause for any CSEA employees, it will only serve to bolster our case. If they do not provide it for any CSEA employee, I'm sure CSEA will also take legal action.              

We are looking at all options on this matter, including the fact that this could have far reaching ramifications into contract negotiations. Not to mention the ever present  

NIFA Control Board issues.  

Lastly, be sure to read all sections of our contract related to this issue. We do not have the luxury of cherry picking what we like and throwing  out the rest. These are major hurdles to overcome in any legal action.      

This is an issue that will be handled during the normal course of business. This is not a public issue to argue, particularly during this time of a national health crisis where the first and foremost concern for every County employee is the health and welfare of our families our partners and ourselves.

For now, as I have said numerous times before, protect yourselves, look out for your partners, practice Universal Precautions, and stay safe as you perform one of the most important aspects of protecting the Safety of the Public. And always know that COBA will always fight for every member and every clause of our contract.  

Look for further forthcoming emails regarding this crisis.

Brian Sullivan,

COBA President