The day may be fast approaching when some animals will have greater labor protections than tens of thousands of New York State's farm workers.
The city Health Department has proposed rules that would mandate five weeks of vacation per year for carriage horses, plus limits on daily hours of work and upgraded stable facilities.
The people who plant and harvest our food should only be so lucky.
When the National Labor Relations Act first passed in 1935, farm workers were excludes from the bill so that FDR could garner support from rural Senators. The campaigns of Caesar Chavez for farm worker rights fought at the state level to give rights to farmworkers through state government. In New York advocates have continued to fight for a Bill of Rights for farmworkers. With new developments and new commitments from state leaders, we may fast be approaching the day where farm workers will possess the rights of other private sector employees to organize, collectively bargain, and receive overtime pay.
Advocates and supports in Albany have dubbed the proposal the Farmworkers Fair Labor Practices Act . The bill models itself after most other labor laws in the state and the country and provides a legal framework to provide labor rights for farmworkers. Notably it provides farmworkers the right to organize and collectively bargain, sets a standard for overtime pay for overtime hours, creates a disability insurance provision for workers, and a guaranteed day off per week. These are standard rights of workers that have largely been in place for private sector employees since the New Deal.
Unfortunately there has been a great deal of push-back from the Farm Bureau and the farm owners community.
Tim Bigham, area field advisor for the New York Farm Bureau, described several aspects of the bill as "anti-business," saying farm owners, especially the smaller ones, simply won't be able to afford them.
Bigham said a main concern is a provision requiring forced payment of overtime rates to workers who are on the job longer than eight hours per day. Bigham argued that farm work should continue to be exempt from such overtime provisions because, by its nature, it is seasonal work, requiring individuals to put in longer hours during warm weather when work can actually be done. Such items, Bigham said, could drive up costs for area farmers, many of whom are struggling financially as it is. source
With an eye to compromise, advocates recently announced a variety of changes to the bill to mollify the concerns of the Bigham, the Farm Bureau and small farm owners throughout the state. The changes provide substantial compromises while guaranteeing protection to workers in great need of better working conditions. The new proposal makes the following changes:
-Collective bargaining protections are limited to workers on farms with sales exceeding $500,000-exempting over 95% of New York farms and covering only agribusinesses.
- The overtime threshold (i.e. the number of hours of straight pay before time-and-a-half kicks in) is increased from 40/week and 8/day to 60/week (55/week beginning in 2013) and 10/day, and on the 7th consecutive work day.
- Only 1.5 times the minimum wage for workers paid by piece-rate will be required for overtime hours, rather than 1.5 times the worker's regular rate .
- Existing unemployment tax liability on guestworker wages is eliminated entirely, resulting in $1 million or more in annual savings for New York farmers.
-Small farms are allowed continued exemption from workers compensation and unemployment insurance tax liabilities.
-"Family" is defined as broadly as possible and exempted from coverage under the Act
These are substantial reductions in the overall effect of the Act. 95% of farms will be exempt. Overtime thresholds are pushed back. Overtime wage scales are lowered. The most important thing, however, is that the bill has met the concerns of small farm owners and will provide rights to those in desperate need of protection. Farmworker advocates took a major step to unilaterally meet the concerns of the Farm Bureau.
Can we expect the bill to pass now? As Reverend Richard Witt of the Justice for Farmworkers Campaign stated, "We hope that all interested parties will now act in good faith as New York takes this major step toward justice and equality for all workers." Opponents of the bill have a duty to act in good faith and work with worker advocates to pass a bill that provides workers protections they deserve. We are closer to a bill then we've ever been. Now is the time to pass the bill and bring farm working conditions into the 20th (let alone the 21st) century.
The Labor Committee is expected to meet next week and discuss the bill. Expect to hear more as it comes in...
Note: I am proud to work as a new media volunteer for the Justice for Farmworkers Campaign. The views expressed in this piece are mine alone and do not necessarily reflect the views of the Justice for Farmworkers Campaign.
Controversial Ramapo Supervisor Christopher St. Lawrence is testing the waters in hopes of running for New York Lieutenant Governor. The Town Supervisor, who ran on the Democratic, Republican, WFP, and Independence lines last November is now focusing his sites on the number two slot in Albany. Residents of Rockland County, especially reform-minded voters in Ramapo, are shocked, because of St. Lawrence's reputation of working behind closed doors and dubious problem-solving techniques.
I'm not really sure what to say about this brain-fart here, but somehow our legislators in Albany allowed a measure creating transparency and representation for passengers and riders to expire at the end of past year.
Rider and union advocates lost their combined six seats on the Metropolitan Transportation Authority board Friday when state legislation authorizing the nonvoting posts expired.
"This is a real shame," said Andrew Albert, one of the affected board members. "I guess it just wasn't on the radar."
Albert sat on the board as a member of the NYC Transit Riders Council, on behalf of subway and bus riders. The Metro-North and Long Island Rail Road riders councils also had one member each on the board. "We may not vote, but we're involved in the decision-making and are consulted," another former board member, Ira Greenberg of the LIRR riders council, said.
One of New York's best transit bloggers, Benjamin Kabek, cut right to the point in his analysis :
As with most of Albany's recent transit policies, for the state to allow these key appointments to expire at a time of fiscal crisis for the MTA is simply irresponsible. To make matters worse, four State Senators earlier this year sponsored S4480, a bill to extend the the term until 2012. The bill was committed to the Rules Committee in July and has languished there ever since. It's just your typical Albany support for the MTA.
I would imagine that the general dysfunction of our State Senate is the main reason for that one. What Senator is really going to vote against non-voting seats for passengers and workers? That's about as easy a vote as you can get in Albany. And yet the provision expired without anyone noticing.
Just another daily reminder of how dysfunctional our state government is and how we desparately need to fix it .
I thought it would be nice to start an annual tradition around here, a vote where TAP readers can decide who most epitomized the state of downright shame our state government found itself in during the past year. I know there are other politicians in NY who deserve to be on this list, but for the purposes of fairness, it is limited to members of the State government only.
Dean Skelos and his Republican conference for refusing to abide by the will of the voters and accept the fact that they are indeed in the minority and also being too cowardly to give a single reason why every last one of them voted against marriage equality.
The "Gang of Four," who refused to abide by the will of the voters and decided to get the highest price possible for their party allegiance.
Ruben Diaz Sr. and the "Hate Eight", the eight Democrats who voted against Marriage Equality and thus tipping the balance against its passage.
Pedro Espada, for, among other things, attempting to sell his party allegiance for pork to supply his "charity" with state funds, believing that campaign finance laws don't apply to him, and not even living in the district he represents.
Hiram Monserratte for likely slashing his girlfriend but avoiding a felony conviction because she perjured herself. He also was in the gang of four and the hate eight.
Jim Tedisco for thinking a seat in congress was his birthright and not something that merited having actual policy positions or concerns about the people of his district.
John Faso with John Ciampoli after the hearing in Albany
An important ruling just came down today from the Appellate Division, Third Department, which smacks down GOP hatchetmen attorneys John Ciampoli and Jim Walsh in their annual effort to deny people the right to vote:
Based on a CDC data study with 1.3 million people, two researchers have compiled a happiness index ranking residents of the fifty states from happiest to least so.
Ranking No. 1 in happiness was Louisiana, home of Dixieland music and Cajun/Creole cooking.
snip.
Rounding out the happy five were Hawaii, Florida, Tennessee and Arizona.
At the other end of the scale, last in happiness - is New York state.
As if to illustrate the problem, residents attending a meeting Wednesday in rural Queensbury unleashed their anger and cynicism at a state government they described as corrupt, self-dealing and too quick to increase taxes. It was a tirade that had one lifelong resident saying he was ready to flee "this stinkin' state."
I don't think it's a coincidence that New York also comes in dead last among the fifty as the state afflicted with the most dysfunctional government. Or that an entire swath of the state, pretty much everything north of the City, is bleeding population year over year. Unhappy people, robbed of futures for themselves and their families, really can't be blamed for pulling up the stakes and pitching their tents elsewhere, can they?
In especially as the corrupt Albany system may change frontmen occasionally, but remains essentially unchanged and impervious to change. Unless, that is, the people make it change, and turn their anger to where it belongs: Albany's bi-partisan incumbent duopoly.
The Times' editorial board continues to express their justified outrage
New Yorkers have been complaining for many years about their abysmal state government, but it has simply grown worse. The state has become a national embarrassment, a swamp of intrigue and corruption, a $131 billion monster controlled by a crowd of smug officials whose main concern is keeping their soft jobs. By now, most New Yorkers have given up hope that these officials are capable of cleaning up their own mess.
The clock is ticking. In one year, unless the Albany crowd pulls off some miracle, which we doubt will happen, it will be up to the voters to get them out, all of them.
Yet another solid pounding of the culture in Albany by the Times, and kudos to them for using their megaphone on the topic. But they have done so in several past election cycles, each of which seemed to have qualified for being the election following the last straw that would finally turn voter anger into throwing incumbents out of their jobs. Yet, that has seldom happened. So I guess my question is, will the voters ever actually revolt? What do you think?
After Albany Common Councilman Corey Ellis gave Mayor Jerry Jennings the hardest challenge to his authority of his career last month, it remained to be seen whether or not this small defeat could be turned into a greater victory. Or a repeat of history. The usual thing to do against an incumbent like Jennings after even a narrow Democratic Primary defeat is to step aside and just let the Mayor win.
After some weeks of "mulling" whether or not to continue the campaign on the Working Families Party line, leaving progressives wondering what October would bring, and after some fundraising efforts were made, supporters of change in Albany got their answer as to what October will bring today. The Ellis campaign announced the following today:
As Corey Ellis continues his campaign for Mayor through to the General Election on Tuesday, November 3rd, he is urging people to join with him as he addresses Albany City budget issues. Corey has advocated the need for transparent and accountable government throughout his campaign for Mayor. The budget presented by the Mayor last week makes it clearer than ever that we need a change in leadership in Albany.
The first opportunity to be involved is to attend the Albany Common Council caucus today, Monday, October 5 at 5:30 PM in the 2nd Floor courtroom in Albany City Hall.
MONDAY: President Obama to Travel to Troy, NY to Deliver Speech on the Economy
WASHINGTON - President Barack Obama will travel to New York's Capital Region to deliver a speech on the economy at Hudson Valley Community college on Monday, September 21, 2009.
More details, including coverage details, are not yet available but will be released in the coming days.
Well, actually, I'm not sorry, but it seemed polite to say that I was since I'm about to ask you to do something. A really big something.
See, I'm thinking you're pretty much responsible for getting us into this mess. And I think the only way we're going to get out of it is if it becomes bigger. A whole lot bigger. And I think you're the right guy to take a big mess and make it huge.
Today, there was a March on Albany, organized by local and state Tea Party types to bring thousands of people from all over New York to the steps of the Capitol.
Back on April 15, there were dozens of Tea Parties across the state, and the Albany event was quite successful, attracting a crowd of a couple three thousand.
Today, not so much, more like a couple three hundred.
The mess in Albany still exists as of tonight. The takeover of the New York State Senate fueled by a desire for patronage and power is still a story almost a week after it occurred.
Even with the mess on the minds of many, the two men at the center of the controversy decided that they would make a public venture to the Subway Series game featuring both New York City teams - the Mets and Yankees.
And they did so in style.
Senators Pedro Espada Jr. and Hiram Monserrate sat in the Legends Suite section of Yankee Stadium, which are the high-priced seats right on the field. If you try purchasing those tickets online, they run between $525 to $2,625 (it probably depends on the day of the week or the opponent the Yankees are playing) each. Espada claimed in the New York Daily News piece that he paid $150 each for them, a nice bargain.
So what does a Legends Suite come equipped with? This from the Daily News:
The dissident Dems enjoyed the ballgame in the Legends Suite section, complete with cushioned seats, in-seat wait service and a concierge. It also allows exclusive access to a swanky restaurant with an all-inclusive buffet, top-shelf liquor and private rest rooms.
Not bad for two state senators. And not bad for two state senators who many people at the game thought had more important things to do than take in a baseball game.
From the Daily News:
Fans were hardly glad to see the duo taking a night off while the state is embroiled in a crisis they created.
"They should be staying in Albany," said Barry Abramson, 71, of the upper West Side. "They should give some input into fixing the problem.
"I just wonder who paid for their tickets and how did they get here," he added. "Did they get here at the expense of New York state taxpayers?"
Espada said he paid $150 each for the "special occasion" seats.
"I paid for myself and treated my colleague," Espada said, but did not divulge how he got a 75 percent discount on the high-priced seats.
"Isn't that typical of New York politicians, doing everything they shouldn't," said John McCue, 70, of Chatham.
"At least he was in the Bronx," joked Stephen McCabe, 40, of Brooklyn, about Espada's tendency to sleep in Westchester.
"They should be trying to resolve things because there's nothing but gridlock in Albany," he said.
His brother, Anthony McCabe, couldn't fathom why the pair would pull such a stunt.
"What are they going to accomplish here except for promoting themselves?" he asked.
Espada said they went to the game to get away from the intense pressures of the past week.
"We're going to relax," he said on the way to the game.
Normally, there is nothing wrong with two men going to a baseball game. But there is a lot wrong when two state senators are sitting in the Legends Suite section of the ballpark and are taking in this game while Albany is in chaos.
This is just another example that this was about power and selfishness. What better way to reward one's self than by treating yourself to a game in what many consider the best seats in the new Yankees' house? The state has property tax issues, economic problems and many other critical issues to address and these guys are living it up in the Bronx.
If you wish to testify at these hearings, here is some more information that will assist you:
Persons who wish to attend or testify at any of the hearings should call Ben Brodsky at 212-298-5540, and fill out and return the attached reply form via fax at least two days prior to the hearing date. The Ethics Committee will accommodate as many witnesses as possible, and encourages the submission of written testimony, which will considered and made part of the hearing record. Written testimony should be e-mailed no later than two days prior to the hearing as an attachment in any common format to: bbrodsky@senate.state.ny.us.
Witnesses are requested to keep their oral testimony to no more than five minutes in length and to bring 10 copies of their prepared statement to the hearing.
In order to meet the needs of those who may have a disability, the New York State Senate has made its facilities and services available to all individuals with disabilities. Accommodations will be provided for individuals with disabilities upon reasonable request to afford such individuals access and admission to Senate facilities and activities.
Questions about this hearing may be directed to Ben Brodsky at 212- 298-5540.
This is a great opportunity for citizens to take part in the legislative process as the Senate takes up legislation regarding ethics reform.
Today, the Brennan Center applauded the process by which the Senate Cities Committee, Chaired by Senator Daniel Squadron, marked up a tenant's rights bill sponsored by Senator Liz Krueger:
The meeting, which was broadcast live online, featured amendments (and amendments to amendments) to the bill, debate about specific language and the best ways to address related issues, and clarification questions that helped to define areas where future research is necessary.
In other words, a small but significant part of our legislature is, ya know, actually acting like a legislature.
This is a perfect example of what can be achieved when we remove dead weight in primaries and fill the legislature with more and better Democrats.
Senator Squadron deserves major kudos for sticking to his campaign promises for reform and for competently carrying them out after being in the Senate for less than half a year. At this rate, he has a very bright future in Albany.
The New York State Senate held its first stimulus package town hall meeting in Queens on Thursday. Yesterday, another town hall meeting was held on Long Island to educate the public and answer questions regarding the stimulus package and its impact on their locales.
It should be noted that Senate Majority Leader Malcolm Smith helped host the first two town halls in Queens and Long Island. He will do the same in Rochester on March 26, according to his office.
If you are interested in attending, you can RSVP through Senate Majority Leader Smith's office by calling (212) 298-5585 or by using the form on the Federal Stimulus Package town hall forum website.
Unless the Legislature saves it again, the state Temporary Commission on Investigation is set to expire at the end of March.
The Senate and Assembly, which will unveil budget plans this week, may choose to spend $3.9 million to keep the agency alive. Critics suspect the governor and legislative leaders will preserve the 52-year-old organization to hold onto some nice patronage appointments.
"No one will miss them; they've done so little," said Blair Horner, legislative director for the New York Public Interest Research Group. "It became a political creature as opposed to an investigation creature, a plum appointment given the salaries." He said it would be better to consolidate all ethics oversight agencies under a single independent authority. The commission recommended in its last report swallowing the Inspector General's Office only.
...
It has 22 employees who produced 30 reports on probes since 2000. The commission has six part-time commissioners, five paid $101,500 and the chairman given $109,800, to attend meetings and discuss confidential investigations.
The long-term posts have been doled out to loyalists of the appointing leader. For instance, Gov. George Pataki appointed his top deputy, John Cahill, just before leaving office.
It's the "Temporary" Committee on Investigation. Let's hold them to that and let it go.
The fight for marriage equality in New York has been on for a long time, but that fight is slowly reaching the finish line. That does not have the LGBT community sitting back and relaxing though. After two successful lobbying days in 2007 and 2008, the Empire State Pride Agenda will be in Albany again this year for their annual lobby day, Equality and Justice Day, on April 28.
In order to promote this day, the Pride Agenda unveiled a video for your viewing pleasure:
If you need a reminder of how important this is, keep in mind that today California Supreme Court justices heard arguments regarding Prop 8, the infamous ballot initiative that led to a ban on marriage equality (and thus, the suspension of equal rights for the LGBT community) in California.
If you are looking for a story that perfectly encapsulates much of what is very, very wrong with the way our state government works (or doesn't, as the case may be) this is it. Its got everything. Patronage jobs, no work jobs, crazy high salaries for the well connected, punished whistleblowers, fraud, investigations and folks named Sweeney. Read it and weep.
Inspector General Joseph Fisch has ordered an independent investigation of the State Insurance Fund in the wake of a slew of allegations of mismanagement, abuse and waste at the agency, which is being described by a whistle-blower as a landing spot for political patronage appointees.
Fisch said Tuesday he called for the probe of "the Hinton case" to respond to a sworn statement he received from Edward Obertubbesing, an insurance fund lawyer who once managed Randall Hinton, the fund's director of investigation. Hinton was featured in a Times Union story last month in which Obertubbesing confirmed that Hinton has been given almost nothing to do for most of the past decade.
Hinton said he listens to music and watches traffic outside his window while being paid almost $94,000 a year. Hinton says he's being retaliated against by Republicans controlling the fund.
"We are conducting a full investigation of the allegations relating to the State Insurance Fund," Fisch said in an interview. He said he is also monitoring a Human Rights Division complaint Hinton filed last month alleging he is being discriminated against for having sued the state during the administration of Gov. George Pataki. He is an American Indian. As part of a settlement of his suit years ago, Hinton was guaranteed a job as director of investigations at the fund. He alleges he got the post, but no responsibilities that comport with the job, and Obertubbesing said Hinton was blackballed and intentionally deprived of meaningful work by the top brass of the fund, who are serving in long-term appointments made by Pataki.
...
Allegations by Obertubbesing, which were also sent to the Insurance Fund's chairman, the Attorney General's Office, the Office of the State Comptroller and the Civil Service commissioner, include the fund's practice of hiring people at the behest of Republican leaders such as Pataki or former Senate Majority Leader Joseph L. Bruno, giving them work that does not match up with Civil Service titles and relatively high salaries. The situation, Obertubbesing said, harmed morale among civil servants who had to pass tests for their posts and in many cases had to train the higher-paid appointees. Such long-serving employees, he said, were denied opportunities for advancement and better pay while the fund's management violated labor agreements and state regulations.
A look at the fund's payroll shows several people formerly working for Pataki in the executive branch received posts around the time of his departure from office at the end of 2006. Others got high-wage jobs well before Pataki's last term. For instance, Elizabeth Sweeney, the first wife of Pataki's first labor commissioner, former Rep. John Sweeney, was hired in 1998 as a secretary. She retains that title and is paid the same pay as Hinton, $93,803. She and the former congressman did not return a call Tuesday seeking comment.
That's some prime Albany dysfunction they got there.
The Democratic Congressional Campaign Committee (DCCC) is taking on Republican Assemblyman James Tedisco for his drive to Albany. To some, it might not sound like much of a story. But since he got paid $21,000 to make that drive, it might be a story.
Now, I will preface this by saying that all of this is legal. Tedisco can, just like any other state legislator, submit vouchers for travel and get reimbursed for it. But considering he lives only 20 minutes from Albany, the ethics of these charges could be questioned.
Now that Albany politician Jim Tedisco has formally launched his congressional campaign in New York's 20th Congressional District, Tedisco owes voters an explanation as to why he billed them $21,343 in oil and gas receipts for his taxpayer funded vehicle, despite just a 20-minute car ride away to the state capitol from his Schenectady home in the 21st Congressional District.
"Albany politician Jim Tedisco talks tough about cutting government spending, but that hasn't stopped him from billing taxpayers over $21,000 in oil and gas receipts for his taxpayer funded vehicle, despite his 20-minute car ride to the state capital," said Jennifer Crider, Communications Director for the Democratic Congressional Campaign Committee. "During these tough economic times, the very last thing Upstate New York's middle class families need is a sneaky Albany politician like Jim Tedisco sticking them with a $21,000 bill so he can keep living high on the hog. Tedisco needs to stop this hypocrisy and immediately come clean by reimbursing taxpayers $21,000."
Of course, there is a lot of hypocrisy with what Tedisco has said in the past and his actions in getting the taxpayers to pay for his travels. The $21,000 he was reimbursed was over an eight-year period, but that is still a lot of money every year that he was getting reimbursed (and taking advantage of another perk that state legislators get) for driving 17 miles to work.
