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STATE OF NEW YORKPUBLIC EMPLOYMENT RELATIONS BOARD IMPROPER PRACTICE CHARGE

INSTRUCTIONS: File an original and four (4) copies of this charge DO NOT WRITE IN THIS SPACEwith the Director of Public Employment Practices and Representation,New York State Public Employment Relations Board, 80 Wolf Road, Case No. U-Suite 500, Albany, NY 12205-2656. If more space is required for anyitem, attach additional sheets, numbering item accordingly. Date Received:

1. CHARGING PARTYa. Name (If employee organization, give full name, including any affiliation and local name and number):

Civil Service Employees Association, Inc., Local1000, AFSCME, AFL-CIOb. Address (No. &Street, City and Zip Code, County): Telephone Number:

Civil Service Employees Association, Inc. Albany County (518) 257-1000143 Washington AvenueAlbany, New York 12210c. Name and title of the representative filing charge:

Steven A. Crain, General Counseld. Name, address and telephone number of attorney or other representative, if any, to whom correspondence is to bedirected:

STEVEN A. CRAIN and DAREN J. RYLEWICZCSEA,Inc.Legal Department143 Washington AvenueAlbany, New York 12210Phone: (518) 257-1443Facsimile: (518) 449-1525

Guy DugasDeputy Director of Contract AdministrationCSEA,Inc.143 Washington AvenueAlbany, New York 12210Phone: (518) 257-1279Facsimile: (518) 434-0867

2. PUBLIC EMPLOYER AND/OR EMPLOYEE ORGANIZATION AGAINST WHICH CHARGE IS BROUGHTa. Name and Address (No. & Street, City and Zip Code, County):

NYS Canal Corporation Albany County200 Southern Boulevard, P.O. Box 189 Albany, New York 12201-0189b. Telephone Number: (518) 436-27003. Is the charging party filing a separate application for injunctive relief pursuant to 204.15 of the Board's Rules ofProcedure?_YES XXXNO

4. VIOLATIONS ALLEGEDPursuant to Article 14 of the Civil Service Law, as amended (Public Employees' Fair Employment Act), the charging parthereby alleges that the above-named respondent(s) has (have) engaged in or is (are) engaging in an improper practicewithin the meaning of the following subsections of Section 209-a of said Act (check the subsection(s) allegedly violated)

If by a public employer(X ) 209-a.1 (a)(X ) 209-a.1 (b)(X ) 209-a.1(c)(X ) 209-a.1 (d)( ) 209-a.1(e)( ) 209-a.1(f)( ) 209-a.1 (g)

If by an employee organization) 209-a.2(a)*) 209-a.2(b)) 209-a.2(c)*

If the charge alleges a violation of Sections 209-a.2(a) and/or (c) of the Act on an organizat ion'sprocessing of or failure to process a claim that a public employer has breached 1ts agreement w1th such employeeorganization, identify the public employer:a. Name and Address (No. & Street, City and Zip Code, County):b. Telephone Number:

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5. in detail alleged Include dates, times, places and particularaG:tions constituting eachv1olat1on. Use additional sheet(s), 1f necessary. Failure to supply sufficient factual detail may result in a delay inprocessing or dismissal of the charge.

See attached details.

6. If the charge alleges a violation of Section 209-a.1 (d) or 209-a.2(b) of the Act, has the charging party notified the Boain writing of the existence of an impasse pursuant to Section 205.1 of the Board's Rules of Procedure?YES XXXNO

7. The charging party is available immediately to participate in a pre-hearing conference and a formal hearing.XXXYES NO

STATE OF NEW YORK SS.:COUNTY ALBANY

STEVEN A. CRAIN being duly sworn deposes and says, that he is the charging party above named, or its representativand that he has read the above charge consisting of this and_!_ a itional page(s), and is familiar with the facts allegetherein, which facts he knows to be true, except as to those matters eged on information and belief, which matte rs hebelieves to be true.

General Counsel

Subscribed and sworn to before methis day of April, 2013.(Title)

KA.THERINE E. SMAIL-A _ ' Notary Public, State of New YorkNo. 01SM5070947- [ . inNOTARPUBLiC=STATE OF NEW YORK Commission Expires '"; D h t?PU130376/SAC/ks/IPCharge/#287162

PERB 579 (3

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DETAILS OF CHARGECharging Party alleges, upon information and belief as follows:1. The Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO(hereinafter "CSEA"), is an employee organization within the meaning of the Taylor Law.2. The New York State Thruway Authority is a public authority organized andexisting under the Public Authorities Law of the State ofNew York, and is a public employerwithin the meaning of the Taylor Law.3. The New York State Canal Corporation (hereinafter "Canal Corporation") is asubsidiary of the New York State Thruway Authority4. The Canal Corporation is a public employer within the meaning ofthe TaylorLaw.5. CSEA is the duly recognized and certified exclusive negotiating representative fora negotiating unit of employees of the Canal Corporation.6. CSEA and the Canal Corporation are parties to a collectively negotiatedagreement (hereinafter "Agreement") which expired on June 30, 2012.7. Thomas J. Madison, Jr., is the Executive Director ofthe New York State ThruwayAuthority (hereinafter "Authority").8. Carlos Millan is the Director ofLabor Relations for the Canal Corporation.9. Negotiations for a successor Agreement between CSEA and the CanalCorporation commenced on October 12, 2012.10. To date, a total of seven negotiation sessions have been held between CSEA andthe Canal Corporation.11. On December 19, 2012, Carlos Millan called CSEA to advise that employeeswere going to get seniority verification letters in preparation for potential layoffs.12. By agency-wide email dated on about December 28, 2012, Executive DirectorMadison communicated to all Canal Corporation CSEA negotiating unit members, among other

things, that layoffs are "a real possibility," and that every employee of the Thruway Authorityand Canal Corporation would soon be receiving a letter from the Thruway Authority PersonnelBureau requesting verification of employment seniority date.13. By letter dated January 29, 2013, Executive Director Madison advised all CSEAnegotiating unit employees, among other things, that the Authority needed to implement costsavings through various means, including the collective bargaining process, and that it was now

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implementing a workforce reduction plan that included the elimination of234 positions from theThruway and Canal Corporation organization.14. By letter dated March 8, 2013, Thomas J. Madison notified all CSEA negotiatingunit employees, among other things, that layoffs are scheduled to become effective the first weekin April. The letter also specifically stated "Beginning in 2011, the Authority has reached outfrequently to your union representatives and urged them to partner with us to address these fiscalissues. The letter went on to state "[i]fwe are not able to reach an agreement by April 3rd, thelayoffs will occur and we will manage any impacts to ensure safe and reliable Thruway andCanal operations." The letter further stated: "I understand the impact layoffs will have onaffected individuals, their families, and our entire organization and I sincerely hope we canpartner with union representatives to avoid them."15. By email dated March 20, 2013, to all CSEA negotiating unit employees,Executive Director Madison again advised that layoffs were scheduled to become effective at theclose ofbusiness on April3, 2013, and that the management was continuing to meet with unionrepresentatives at the bargaining table, and that he remains hopeful that essential work force

savings could be achieved through collective bargaining.16. Thirty nine CSEA members of the CSEA negotiating unit were laid off from theCanal Corporation effective close ofbusiness April3, 2013.17. On information and belief, only unionized employees were laid off or are slatedfor layoff and no encumbered non-union positions are scheduled to be abolished.18. The Executive Director's communications to CSEA represented employees weresent for the purpose of coercing CSEA unit employees with the threat of layoff, and to persuadeCSEA negotiators to succumb to Authority and Canal Corporation management demands.19. Executive Director Madison's letters and emails in effect informs unionized CanalCorporation employees, including those represented by CSEA, that because they exercisedtheir legal and contractual right to negotiate, they are being singled out among Canal Corporationworkers for significant layoffs.20. The layoffs announced by the Executive Director are intended to retaliate againstunionized workers, including those represented by CSEA, for having exercised their contractualand legal rights to negotiate agreements.21. Therefore, CSEA Unit employees are being deliberately coerced and interfered

with in the exercise of their rights guaranteed in Section 202 of the Act for the purpose ofdepriving them of those rights.22. The Executive Director is also deliberately attempting to interfere with theadministration ofCSEA for the purpose of depriving CSEA unit employees of their 202 rightsby: 1) telling CSEA represented employees that CSEA's refusal to agree to terms sought by theCanal Corporation for a successor agreement is the reason they are being laid-off; and, 2) by

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implying to those employees that they should overrule their elected CSEA representatives andagree to the concessions previously demanded by the Authority and Canal CorporationManagement.23. CSEA Unit employees are also being deliberately discriminated against for thepurpose ofdiscouraging their participation in CSEA.24. The Executive Director's communications also constitute direct negotiations withCSEA represented employees over the concessions the Thruway Authority and CanalCorporation could not obtain from CSEA. Such deliberate conduct constitutes a failure tonegotiate in good faith with CSEA.WHEREFORE, CSEA respectfully requests PERB grant the following relief:A. ORDER respondent to cease deliberately interfering with and coercing CSEArepresented employees in the exercise of their Section 202 Taylor Law rights;B. ORDER respondent to cease deliberately attempting to interfere with theadministration ofCSEA;C. ORDER respondent to cease deliberately discriminating against CSEA representedemployees in the exercise of their right to participate in CSEA;D. ORDER respondent to cease negotiating in bad faith with CSEA;E. ORDER that any CSEA represented employee who may be laid-off as a result of theemployer's violations ofCSL 209-a.l (a), (b), (c) and (d) be reinstated with fullback pay and benefits;F. ORDER the posting of appropriate notices at every Authority and Canal Corporationfacility; andG. GRANT such other and further relief as may be just and proper.

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