STATE
OF
NEW
YORK
IMPROPER
PRACTICECHARGE
PUBLIC
EMPLOYMENT
RELATIONSBOARD
INSTRUCTIONS: File an original and four (4) copies of this Charge DO NOT WRITE IN THIS SPACE with the Director of Public Employment Practices and Representation, .
New York State Public Employment Relations Board, PO BOX 2074, Case No. U- 3()3 RECEIVED
ESP AGENCY BLDG 2, FLS 18 & 20, ALBANY, NY 12220-0074. If NYSPUB MP O MENT more space is required for any item, attach additional sheets, Date Received.
numbering item accordingly.
W
20
2019 1. CHARGING PARTYa. Name (If smpicyêe orgañ!zaticñ, give full name, |ñc|üdiiig any afG||aticii and local name and
nREPRESEKTATHON
United University Professions, NYSUT, AFT Local 2190, AFL-CIOb. Address (No. & Street, City and Zip Code, County, Email): Telsphcña Number: P.O. Box 15143 (518) 640-6600 Albany, New York 12212-5143
(Albany County)
c. Name and title of the representative filing charge: Frederick E. Kowal, Ph.D., President .
d. Name, address, tê|êpheñ÷ number, and Email of attomey or other repressiitative, if any, to whom ccrrespend÷÷w is to be directed:
Teisphcñ6 Number: (516-496-2035) Lisa Willis, NYSUT Labor Relations Specialist NYSUT Nassau Regional Office,
1000 Woodbury Road - Suite 214 Woodbury, New York 11797
2. PUBLIC EMPLOYER AND/OR EMPLOYEE ORGANIZATION AGAINST WHICH CHARGE IS BROUGHT
a. Name and Address (No. & Street, City and Zip Code, County, Email): State of New York (SUNY Dewñétete Medical Center)
%
Governor's Office of Employee Relations b. Tê!êphêñe Numbêr: GOER (518) 473-1416 Agency Building 2, Empire State PlazaSUNY (518) 320-1680 Albany, NY 12223-1250 (Albany County)
3. is the charging party filing a separain applicaticñ for |ñjüñctivê relief pursüañt to §204.7 of the Board's Rules of Precedüre?
YES X NO
4. VIOLATIONS ALLEGED
Pursuant to Article 14 of the Civil Service Law, as amended (Public Employees' Fair Emp!Gymcat Act), the charging party hereby alleges that the above-named respendêñt(s) has (have) siigagcd in or is (are) engaging in an improper practice within the me:n!ng of the following subsections of Section 209-a of said Act (check the sübséctisii(s) e!!eged!y violated):
If by a public emp!oyer If by an employee organization ( ) 209-a.1(a) ( ) 209-a.2(a) ( ) 209-a.1(b) ( ) 209-a.2(b) ( ) 209-a.1(c) ( )209-a.2(c)* (X) 209-a.1(d) ( ) 209-a.1(e) ( ) 209-a.1(f) ( ) 209-a.1(g)
*if the charge alleges a vic;ãticii of Section 209-a.2(c) of the Act based on an smp|cy66 organization's precêés!ñg of or failure to process a claim that a public smp|cyêr has breached its agreement with such emp:cyse organization, identify the public employer:
a. Name and Address (No. & Street, City and Zip Code, County, Email): b. Telephone Number:
5. Specify in detail the alleged vialatisii(s). Include names, dates, times, places and particular actions ccn g emil v|ciaticñ. Use eddit!cñal sheet(s), if ñêcessary. Failure to supply suMcient factual detail may result in a delay in processing or dismisse! of the charge.
See Attached for Details of Charge
6. If the charge alleges a victaticñ of Section 209-a.1(d) or 209-a.2(b) of the Act, has the charging party notified the Board in writing of the existence of an impasse pursuant to Section 205.1 of the Board's Rules of Procedure?
YES
X
NO7. The chargiñg party is avai!ab!e immed!êtê!y to pâ:1!cipets in a pre-hearing ccñfêrêñcs and a formal hearing.
X YES NO
STATE OF NEW YORK ) SS.: COUNTY OF ALBANY )
Frederick E. Kowal, Ph.D. , being duly swom deposes and says, that (s)he is the charging party above named, or its representative, and that (s)he has read the above charge consisting of this and _6_ additicñal page(s), and is familiar with the facts alleged therein, which facts (s)he knows to be true, except as to those matters alleged on !ñfesêt!êñ and belief, which matters (s)he believes to be true.
(Signature)
Frederick E. Kowal, Ph. D
P resident, United University Professions (Title)
Subscribed and sworn to before me
12jl9
20l9
(rn06th!date/year)
Notar Ic t ew York Registered in Schenectady County Registration Number 01GE5062842
Commission Expires July 8, do.ga..
PERB 579 (10/17)
STATE OF NEW YORK
PUBLIC EMPLOYMENT RELATIONS BOARD improper Practice Charge - Details of Charge United University Professions (UUP)
Page 1
DETAILS
OF
CHARGE
1. United University Professicñs, NYSUT,
AFT
Local 2190, AFL-CIO (hsisiñafter "UUP") is the Charging Party in this matter.UUP
is the duly certified labor organization representingempicyses of
New
York State in the Professional Services Nsgctiating Unit (hereinafter "PSNU").2. The State of
New
York, (hereinafter "State") is the public employer Respondent in this matter.3. The.State University of
New
York ("hereinafter SUNY") is a subdivision of the State and a public employer within the meaning of Article 14 of the Civil Service Law, as amended (hereinafter "the Act"). The Director of the Governor's Office of Employee Relations is the bargaining agent for SUNY.4. The State University of
New
York at Downstate Medical Center (hereinafter "DMC") is an operating institution of SUNY.5.
UUP
and the State are parties to a negotiated Col|êctive Bargaining Agreement governing terms and conditions of employment for the period 2016 to 2022.6. The Agreement contains no provisions concerning professional obligation.
7. Dr. Renz has been empicyed as a Visiting Professor in the Department of Surgery (hereinafter "Department") since July 2018. Dr. Renz' employment letter from
DMC
dated June 28, 2018 outlines the terms and conditions of his employment. (See Attachmsñt A)8. Said letter dated June 28, 2018 was signed by the College President, Dean and Chairman and indicated that Dr. Renz was a term appciñtment and that his position was expected to go from 7/1/18-6/30/21. The first three years of his appointment and his annual salary would be $495,000. The salary components were broken down as indicated below:
State base salary = $150,000.00 Also receives = $341,974.00 Location Pay = $ 3.026.00 Total: $495,000.00
9. On or about September 6, 2019, Dr. Renz rêcsivêd a letter dated September 6, 2019 terminating his employmsñt effective March 20, 2020. (See Attachment B)
10. Upon receiving the September 6, 2019 letter, Dr. Renz made an app0iñtment to examine his human resources file.
On
or about September 23, 2019, Dr. Renz located a letter in his human resources file that he never received dated September 24, 2018 from former Human Resources Director, Karen Saunders uñilaterally chañgiñg the terms and conditions of his empicymêñt. (See Attachment C)STATE OF
NEW
YORKPUBLIC EMPLOYMENT RELATIONS BOARD Improper Practice Charge - Details of Charge
United Uriiversity Professions (UUP) Page 2
11. The letter dated September 24, 2018 included unilateral changes from the offer letter dated June 28, 2018 which included but are not limited to the fo!!owing:
a) change in appointment type from term to temporary;
b) length of empicyment from July.1,2018 to June 30, 2021 to August 23, 2018 to August 22, 2019.
12. As a result of the above actions referenced in above Respondent has unilaterally changed mandatory terms and conditions of employment of a
PSNU
member.13. No employer agent ever sought negotiaticñs with
UUP
concerñiñg the change in terms and conditions of employment14. By its acticñs noted above, Respondent unilaterally changed mandatory terms and condition of employment of a
PSNU
msmber.15. Respondent unilaterally implemented the above-noted changes in terms and ccñditions of smpicyment without negotiations with Charging Party UUP.
WHEREFORE,
Charging PartyUUP
respectfully requests that the Public Empicymsñt Relaticñs Board order Respcñdent to:1. That Respcadent rescind the letter dated September 24, 2018;
2. That Respondent comply with the terms and ccñditicñs of empicymsñt as indicated in the June 28th letter sigñêd by the College President;
3. That Respondent cease and desist from violating the Taylor Law;
4. Grant such other and further relief as
PERB
deems just and proper.ATTACHMENT
A
SUNY
.OWNSTATE
"""S"
Medlqal Centernr¾e
e‰%
B&ted f w ofessw 4 Rainer WA. Gruessner, NL D FACS,FlC$Clarence
&
Mary Dennis Professor of Gurgery Chairm n, D'epartment of $UrgeryJuhe 28, 2018
JUL I 3 201$
John F. Renz,
MD,
PhD,FACS
5841 South Maryland Avenue Chicago, II 60637RELProposed Terms of Employrnent ,.
Dear Dr. Itenz,
It is
my
pleasure to describe the terms on which I propose to recommend yogy faculty appointinøí1t as Visiting Professor (TCL) of Ilephto-Pancreato-Biliary (HP13) Surgery in the Department of Surgery atSUNY
DownstateMed
joel Center commencing on or around July 1, 2018, subject to the final approval of the campus President, ThB positibn Is rec6gnized a termdp;pothtmat by the state University ofNew
York akhough it is expectod to dontinu6 from Ju y 1, 2018 thmugh Juhe'30, 2021. This letter will cover the first three years of yone employment and as.a member of theSUNY
Downstate Medibal Center some of your incorñe may come from non-State sources. This letter will, therefore, describe the fall range of the professional respbnsibilities that you will assume upon gcceptance of this appointment, but dist!nguish between those for which the State is assuming respcnsibility for your co;npensation and those for which other endties will be responsible, uñder tlielr particular terms and conditions of employment. Only Human Resources can 9xtend off9rs of entployrnent so, once aptfroved by the campus President, Human Resources will contactyou to,extend att official offer.The positior1you are accepting is a full time faculty position. Continued
appchetig
subjectio, the Collective Bargaining Agreement between United University Professl6ns and the state ofNew
York, specifically, Article31
You will report directly to the Chairman of the Department of Surgery, lie the first three (3) years of your employment, your annual income from all sources will be $495,000,Tubegin with, I Woùld like tb define the noinenefaturousett to desuribe the different types of State
coWtp¼nsatioit that you níay receiver C6ñtpensation for thia role, based
a
20NY
$ystem . coinyons4tion guidelines, your yeardof expedonge and the teeponsibilities associated with sucha role will be $495,000, as ihrther outlined below, and which will 64 puhilcly reportable as stipulatêd by
New
York State law.Base saicyyls your on-going fgudiñg whiph yon willaegelye as long as you retain your acadekild title.It is subject to union-negotleted increen and eventually it can be tenured.
Stäte.University of
New
York pøwrittete Medical Genter450 Clarkson Avenue,
Mec
40, Brooldyn,W11203 + Phön#718 27041001 F ak 718 2704828 SMalh [email protected]* Participate
in the Department of Surgery's Transplant Division's research activities, including writing of grant propossis, conduct of research and synthesis of research
findings, .
This letteráovers your initial three years of employment. I hope I haye adeq-.;¿yy described your new propossed position, and that you understand how enthusiastic we are thgt you wif1 be joining us, If you hgve any questions, please feel free to discuss them with me.
Upon accentece of this agreesient letter and issüâñce of a
MemerMdum
of Agreeinent, you will reeelve a ormal offer from the Downstate Office ofiduman Resources to confirm the offer of ersploýment and schedule you for pre-employment psoces=!ng. During the pre-employment proce4you will-be requited, under Federal Law, to verify your eligibility tg áocept err-loyme in thq United States; you will be requir64 to provide prbvisional enipidyinent adthori tlon padpersonal id6ntity docunfenty, This employment is contitigentttpon theapproval At the presideM . of
SUNY
Downstatè Medical Center or his designee approving this apppir,tmenWe
look forward to four arrlyal and anticipate a very successful cateèr for you at Downstate.cet
Kwin
0%ta,
SUNY
office of GeMralConuseATTACHMENT
B
Uniketsity Hospital of Ikooklyn
SUNY
canamorin®ineOWNSTATE
"°°' ;Health
5ciences
University sonoo: Heairne ensScheòl 65 Public Heal h
CERT1FIEDF/et4 3490 coat 8125 0641
RETURNRECE1
RÈýÚESTED
September 8, 2014
Ot. .1ohn Renz d9 third Street
Garden City3
New
Yoric115%. Dear Dr. Renz:
TIïis is to iriform you that yopt term spp©iñtment as a Visifing Protsasci (TCL) at the 8tate Urilvérsity of New York Health Golencëe University will terrhinate on March 6, 2020.
T s nolloe of non-resiswal is supplied to you in accord with Article XI, Title D, and anction of the Policies o Bdard orT ste .
Sin ly,
Wayn . Riley, , IVI , . BA,
MACP
oc: Dr. I gcoh si Ms. Wine)411 Dr Schwedaman
UUP
Chapter PresidentISirst Class Mau . Perenhnel File
State University of New York Downstate Health Sciences Univarsity 450 Clarkson Avenue, Brooklyn NY 11203 * Phone 718 270-1000
ATTACHMENT
C
University Hospital of Broolilyn
D"'
College of ly(edicine
OWN5TATE
aoo,.,C,....t..a.n
Medical Genter copepeot
nurelag College of Health Related Professl9no
$chool of Public Health
DEPARTMENT
OP
HOMAN
REBOURCES
NYS IDs 1¶02163777 SUNY ID: 668767 September 243 2018 . DrJohn Ren MD, PhD 450 Clarksott eve,MS #40 BrooldMNY 11203 Dear Dr. Rent;
I am^pleased tb infòrnt yon that the Presideint of the State University" of Newf 76rk-i($UNYfD6Wñstätii ~ Medical Center has extended to you a tenn appe'±±± as Visiting Professor.(†CL) in the Departnient of Surgery effective August 23, 2018 and ending August 21 2019. Your annual New York State base aglory is $150,000, the additional compaa on component (ADC) of,your salary is $341.974 and Location Pay is $3,026, for & total annual compensation of $495t000. Your solary will be paid over a p'eriod of twelve months, subjeot to and in accordance with the laws of this State and the Policies of the Board of Trustees.the
edkg
component,of yout salary is s ch d =-"ag u effort ànd the continue(1avgg;gggy
e
aW
ofamance
This appain ent requires that you pad!cipate in SUNY Downstate Medical Center's Clinle'al Practice Platt, The plan p6rmits but does Abt guarahtee edditional eanted income'from certain souses to the extentthat your total professional inc6índ, indudlsit vour New York $fate salary. is in accord with the inandmum allowable compensation set by tith President for you.
This q-.':‡=*is to a phsigús of qualified scademic ranl© Service in this title is not creditable towants the years o ervice required to establiph eligibility for c:::"::°s.5 appo!atment; nor may continuhig appe!±at be granted in this title.
Enolosecl for yout inh+ta= is a copy of SUNY Downstate Medica Center's Clinical Practice
)t$nunders
AVP, knealte ces Operäfions
RS:St 3... co; P onnel pile
state Univepity Af NegV6ric Dowr1state M¼didal Confer 450 Clerkson Avenue, 156x 65, Br®klyn, NY/, 1120S * Phgne,7†$ 27Ò4195
