State worker union seeks court order on furlough

By JAMES T. MADOREjames.madore@newsday.comMay 10, 2010

ALBANY - The large state employee unions vowed a legal challenge Monday to Gov. David A. Paterson's furlough plan after its adoption by the legislature.

The Civil Service Employees Association asked a federal judge here Monday for a temporary restraining order to prevent the furlough of 100,000 unionized state workers for one day a week until a state budget is passed. The furloughs, which would affect about 11,600 workers on Long Island, are to begin May 17.

The Public Employees Federation also will seek a restraining order this morning.

The legal moves came after thousands of PEF and CSEA members staged protests throughout the state, including outside the State Office Building in Hauppauge. They denounced Paterson, accusing him of falsely blaming them for New York's $9.2-billion budget deficit.

Paterson included the furloughs in the emergency spending bills required to keep state government operating each week. The governor said asking state workers to forgo one day's pay per week wasn't a great sacrifice given the fiscal crisis.

"Every single organization and individual that relies on state funding needs to make sacrifices," Paterson said after the legislative votes. "Unfortunately, however, all we've heard so far from the leadership of our state's public employee unions are expletives and excuses."

He also repeated his call for union workers to forgo the 4 percent wage hike that took effect April 1 or delay one week's pay until retirement.

Speaking before about 2,500 people outside the Capitol, CSEA president Danny Donohue shot back, "We aren't going to give up anything we fought for, anything we earned."

PEF president Kenneth Brynien added, "The papers for a temporary restraining order are prepared."

New York has never furloughed employees in modern history. Half the states, including California, Ohio and Michigan, have resorted to furloughs in the recession - but generally not through emergency spending bills like Paterson is using.

In the State Senate, Democrats and Republicans railed against the furloughs, but some conceded to vote against them would shut government.

"We are not doing right by those people," said Sen. Kenneth LaValle (R-Port Jefferson), referring to state workers.

The budget is 41 days late. The legislature has approved six groups of spending bills so far to keep government open. Like future spending, the furloughs must be reauthorized each week.

The vote margins have narrowed, however. In the Senate, the bills passed 32-29 Monday with all Democrats voting "yes" and all Republicans, "no." The Assembly vote was 82-56.

Among Long Island's 30 legislators, Assemb. Ginny Fields (D-Oakdale) voted "no" after telling Newsday last week she would reluctantly support the bills. The four undecideds split evenly, with Sen. Brian X. Foley (D-Blue Point) and Assemb. Steven Englebright (D-Setauket) backing the bills, while Assemb. Philip Ramos (D-Brentwood) and LaValle opposing them.

Assembly Speaker Sheldon Silver (D-Manhattan) said the furloughs were illegal, but shutting government has to be avoided. He said, "the courts will overturn it because I think it interferes with a collective bargaining agreement."