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					                    On the web at www.local891.com




Vol. 66 No. 9                            May 2009

PRES. TROELLER TESTIFIES BEFORE
NYS ASSEMBLY COMMITTEE
ON EDUCATION
                    On the web at www.local891.com




Vol. 66 No. 9                            May 2009


   PRESIDENT TROELLER BRINGS
 UNION’S MESSAGE TO CITY COUNCIL
                                                                                    The

                                                                                   auge         May 2009 Page 3




From the                                                   Office of
                                                            President Troeller
                                                     As you noticed in this newsletter, we have brought you two
                                                 front pages as a way of emphasizing the importance of our contin-
                                              ued involvement in the legislative process. I testified about specific
                                             changes needed in the Mayoral Control portion of the State Educa-
                                          tion Law, harmful school budget cuts and other vital issues effecting our
                                      members. In lieu of my regular column this month, we have inserted a tran-
script of the written portion of my testimony given to the New York State Assembly Standing Committee on Educa-
tion on March 20th. I gave similar testimony on April 1st before the New York City Council. Additional information
was presented during question and answer sessions at both hearings. I want to thank the members who took their
personal time to attend these important hearings.

   Good morning. My name is Robert Troeller. As Business Manager and President of Local 891, International Union
of Operating Engineers, I represent the 950 Public School Custodian Engineers who are responsible for making sure
school children in New York City can learn in the safest and cleanest environment. Custodial budget cuts over the
past several years have resulted in manpower losses equivalent to over 1000 full-time custodial worker positions. It
has become increasingly more difficult for my members to perform their job in an adequate manner. I’m here today
to discuss mayoral control and the negative effects it has had on the safety and cleanliness of our schools.
   Shortly after the passage of the law which granted mayoral control of the New York City school system, Chancel-
lor Klein developed and attempted to implement a plan to outsource custodial services. In response to his initia-
tive, the New York City Council held oversight hearings to examine his scheme. In 2004, the result of the Council’s
investigation and hearings was the passage of a Resolution (Res. 37a 2004). That Council Resolution called for a
complete end to the outsourcing of school custodial services. The hearings exposed the many flaws in the procure-
ment and contracting process used by the Department of Education. I am happy to report that due to the pressure
brought about by those hearings, the objections of parents, the press and elected officials, the Department of
Education abandoned that particular outsourcing effort.
   During the same time period, the Chancellor issued a $60 million emergency no bid contract for custodial servic-
es. At that time, Local 891 brought the issue of this no bid contract to the attention of both the New York City and
New York State Comptrollers. Due to flaws in the recently enacted Mayoral Control Legislation, both men claimed
not to have oversight over the DoE’s contracting process. Frustrated by a system with no oversight, my Local took
the Chancellor and the DoE to court. The State Supreme Court declared that contract and the process by which it
was entered into to be illegal. Under the judge’s order the approximately 120 school buildings covered under the
agreement were returned to the care of Civil Service Custodian Engineers. Those schools are still cared for under
the civil service system today. Although there are fewer schools operated by private contracts than in the past, ANY
is too many. Repeated studies of the NYC’s public school custodial system have shown that Civil Service Custodian
Engineers deliver superior service at a lower cost.
   Hopefully, the DoE will soon be looking to enter into new agreements with vendors to supply the New York City
School Custodian Engineers with supplies and equipment. The current extremely lucrative contract held by SDI has
led to millions of dollars in waste. SDI has been granted a virtual monopoly. As an unnecessary middle man, they
add an additional cost to every purchase Custodian Engineers make. The allocations my members receive are meant
to provide labor only but Custodian Engineers utilize some of the money to supplement the supply allocations. The
dollar amount they receive for supplies from the Department has remained unchanged since 1996. Our contract re-
quires purchases be made through DoE approved sources. The Department of Education should accept competitive
bids on custodial products and allow Custodian Engineers to purchase supplies from multiple vendors. Instead, they
give a monopoly to one company and waste millions of taxpayers’ dollars. Such waste is particularly unacceptable
and offensive in these economic times.
   I believe the Education Law must be amended. I have cited three examples of failed contracting procedures
which are directly related to my members and custodial operations. One doesn’t need to speculate too much to
assume there are numerous examples of how the Department of Education squanders public funds. I urge the State
Legislature to amend the law so that an independent entity is given oversight of the Department of Education’s pro-
curement and contracting process. True oversight will never come from a Board that has a majority of its members
appointed and serving at the will of the Mayor.
                               The
May 2009 Page 4                auge


                                 Briefly Speaking
      MAY                                      Board of Education                 End Term Affairs
                                             American Legion Post 1088            BRONX/MANHATTAN
   MEMBERSHIP                                  Annual Scholarship                 The Bronx and Manhattan are to-
                                                                                  gether hosting their Annual End
                                                   Golf Outing                    Term Party on Thursday, June 11,
    MEETING                                        Tuesday, June 9, 2009
                                                                                  2009, at Rory Dolan’s 890 McLean
                                                                                  Avenue, Yonkers. Cocktails begin at
     Thursday May 7, 2009                          Start Time 8:00 a.m.           5:30 p.m. Tickets are $70 per per-
            7:00 p.m.                          Pelham Golf Course, Bronx, NY      son. For more information please
                                                                                  contact: Kieran McKivergan in Man-
              IS 167                                  $150 per person             hattan at (718) 455-9731, ext. 222;
          220 E. 76th St.                                                         or Henry Witkowski in the Bronx at
                                              For more information please call:
        New York, NY 10021                     Pedro Arroyo (718) 992-5650 or     (718) 884-2751.
                                                  Commander Joe Montalto          BROOKLYN
   Parking is available in school                      (914) 318-1004
                                                                                  Brooklyn will hold its Annual End
   yard on 75th Street between                                                    Term Party on Wednesday June 3,
      2nd and 3rd Avenues.                          12th Annual                   2009, at Buckley’s Nostrand and Av-
                                                                                  enue S in Brooklyn. Cocktails begin
                                                Columbia Association              at 5:30 p.m. The cost is $70 per per-
                                                    Golf Outing                   son. For reservations of more infor-
               In Memoriam                                                        mation, please contact Joseph Reilly
                                                Hamlet Wind Watch Golf and        at (718) 253-1412.
                                                       Country Club
  It is with deep regret that we               1715 Vanderbilt Motor Parkway      QUEENS
  announce the passing of the                      Hauppauge, New York            As of the time this newsletter went
  following Brothers:                                                             to press, Queens had not submitted
                                                       June 2, 2009               information regarding its End Term
   MATHIAS R. CANN                                    $150 per person
   Retired Custodian Engineer                                                     Affairs party.
   Level II (K460)                                7:30 a.m. Shotgun Start         STATEN ISLAND
   Condolences may be sent to:
                                              For more information please call:   Staten Island will hold its Annual End
   Mathias J. Cann
                                                Mike Brogna (718) 529-5694        Term Party on Friday, June 19, 2009,
   134 Heenan Ave.
                                               Joe Sanfilippo (718) 479-6463       at Killmeyer’s Old Bavarian Inn, 4256
   Staten Island, NY 10312
                                               Pete Maddaloni (718) 224-2740      Arthur Kill Road, from noon to 4 p.m.
                                                                                  Contact Rich Ragusa, Social Com-
   GERARD HANRAHAN
                                                                                  mitte Chairman, at (718) 698-1515
   Retired Custodian Engineer
   Level II (K440)
   Condolences may be sent to
                                                             Births               for more information or directions.


   Alice Hanrahan                                          Jenn and Matt Kar-
                                                           poich (Custodian En-
                                                                                  Principal’s Rating
   1962 Ryder St.                                                                 Members are reminded they only
   Brooklyn, NY 11234                                      gineer Q035) proudly
                                                                                  have 30 days to grieve a Principal’s
                                                           announce the birth
                                                                                  Rating. Any member wishing to
                                                           of their first child,
                                                                                  grieve a rating should contact their
                                                           Owen Matthew Kar-
                                                                                  Borough Chairman.
Hiring                                                     poich on March 10,
                                                           2009. He weighed 6
Remember, before you hire an employ-                       lbs, 15 oz. and was    Variable Rate
ee, even if it is to fill in on a temporary    20 inches.                          The Pension Committee reports that
basis, you must check the fingerprint
                                                                                  the Variable Unit value for April 2009
status of that employee. You must call
                                             Share the good news! Send us your    is 42.367.
the Office of Personnel Investigation
                                             information and a photo so other
at (718) 935-2665 to verify the eligi-
                                             members can say congratulations.
bility of that employee.
                                                                                      The

                                                                                      auge         May 2009 Page 5




  PENSION
  By: Joe D’Amico, Pension Committee Chair


  Local 891 members who have been contributing money to the Variable TDA account have
watched their account balances dwindle. That money has not totally disappeared. It purchased
units that you still retain; it is just that the value has gone down. The upside to this is that since the values have
dropped, you can get more for your dollar. Remember that our TDA variable program has a guaranteed 4 percent in-
crement on the number of units in your account, no matter what the unit value may be.
  Members of the TDA program can change their rate of contribution at any time, but can only change their invest-
ment election four times per year no later than 30 days before the start of the quarter.
  Effective Date of Change                             Must Be Received at BERS By
  July 1                                               June 1
  October 1                                            September 1
  January 1                                            December 1
  April 1                                              March 1

  Any conversions of past contributions will take place over a 12-month period in equal monthly installments.
  The fixed portion of the TDA is still 8 1/4 percent until June 2009. It is currently under review by the Office of the
Actuary of the City of New York and a decision should be forthcoming.




                                            BLOOD
                                            Submitted By: Evan Manca, Blood Bank Committee Chair

                                            The date for the upcoming Local 891 blood drive is Friday, May 22 from
                                          8:00 a.m. - 1:30 p.m. It is marked on your Local 891 wall calendar. I hope to
                                          see many of our members come out to donate and keep Local 891’s blood
drives a continued success. This will be our 59th year of organizing blood drives. Any member who comes out to do-
nate on May 22 is reminded to keep their original donor receipts and mail or fax copies of your donations to me.
  I recommend you start a folder and keep all your donation information in it. I am not informed by Blood Services
when you make a donation. If needed, you can easily provide proof of your donations. If any member needs past
donation information, they can call 1-800-933-Blood and get a list of every donation. I would also like to remind
members that we are not required to fill out the PD-19 form that some plant managers have been requesting. Check
your building first before coming out to donate. I look forward to seeing everyone on May 22, and together Local 891
can continue to save lives!
  Both donation sites will be open for your convenience. If you still have not seen our Union Hall in the Brooklyn Navy
Yard, I recommend you come to this site to donate. The address for the Union Hall is 63 Flushing Avenue, Building 292,
Suite 401, Brooklyn, NY. Please enter the Navy Yard at the Kent Avenue entrance. In Melville, the address is 905 Walt
Whitman Road (Route 110) in the shopping center.
   Any member who needs directions to any of these sites should call me at (718) 455-9731, ext. 250.


     Next Local 891 Blood Drive is scheduled for Friday, May 22, 2009
                          8:00 a.m. - 1:30 p.m.
                                           Donation Locations
              Union Hall: 63 Flushing Avenue, Building 292, Suite 401, Brooklyn
                          Melville: 905 Walt Whitman Road (Route 110)
                             The
May 2009 Page 6              auge




            Retirees Gather for 20th Reunion
The 20th Annual Retiree Convention and Reunion was recently held in St. Augustine, Florida. I want to thank Local
891 President Robert J. Troeller, Kevin Gallagher and our attorney Arthur DiBerardino from Mirkin and Gordon. Kevin
gave a very informative lecture about our benefits for retirees and Mr. DiBerardino answered legal questions. I also
want to thank all the retirees and their spouses for coming. This is what our reunion is all about. It was a pleasure to
see everyone. Plans are already underway for next year. Bottom right photo is Arthur DiBerardino, Local 891 Welfare
Fund Chairman Kevin Gallagher, and Bob Steiger. — Submitted by Bob Steiger
                                                                                       The

                                                                                       auge          May 2009 Page 7




  COMPENSATION                                                         Letter to the Editor
  Submitted By: Robert Greiss                                                     Joan A. Schultz
  Compensation Committee Chair                                                   103 John Street
                                                                            No. Massapequa, N.Y. 11758
  Effective April 1, 2009, the Workers’ Compensation
Board is imposing strict new standards concerning the fil-                           March 23, 2009
ing of the recently updated Form C-2, Employer’s Report         Mr. John Brennan
of Work-Related Injury/Illness. There are serious conse-        Editor, “The Gauge”
quences for failure to use the new C-2, including penal-        443 W. l35th Street
ties of $50 to $2,500 payable by the employer. Do not use       New York, N.Y. 10031
old versions of the C-2 on and after April 1, 2009.
  Employers must file a completed Form C-2 with the              Dear Mr. Brennan:
Workers’ Compensation Board and The State Insurance
                                                                The family of Albert R. Schultz, retired Custodian
Fund when a work-related injury or illness results in per-
                                                                Engineer, John Dewey H.S., who passed away on
sonal injury that either:
                                                                March 10, 2009, wishes to thank all of our family
   causes a lose of time from regular duties of one day
                                                                and friends who are connected with Local 891 IUOE
  beyond the working day or shift on which the accident
                                                                for their support, assistance and kindness during
  occurred
                                                                this very difficult time.
   will require medical treatment beyond ordinary first
  aid; or                                                       To all of those friends and family who traveled
  results in more than two treatments by a person render-       from near and far, we sincerely thank you for your
  ing first aid.                                                 presence. Everyone’s kindness, support, presence
  Form C-2 must be filed within 10 days after the ac-            and guidance has made these last few weeks a true
cident.                                                         testament to the sense of community and security
  On and after April 1, 2009, when you file Form C-2 you         that your Union provides, especially in these most
must:                                                           difficult of times.
  be sure you are using the new version of the C-2 (9/08
  or 10/08 version); and                                        AI was always a strong Union supporter, but never
  provide your injured employee with a “Claimant Infor-         more so then when he was a Shop Steward, provid-
  mation Package”.                                              ing guidance and assistance to his “brothers,” and,
                                                                in some cases, his “sisters,” too.
  The new C-2 form, and the Claimant Information Packet
can be found on NYSIF’s web site www.nysif.com. You can         With Our Most
download, print and distribute the form and packet as                            ,
                                                                Sincere Gratitude,
needed. If you do not have internet access, call NYSIF
Customer Service at 1-888-875-5790 and request a new
C-2 and packet. They will mail one of each to you, which
you may then reproduce as needed.                               The Schultz Family
  Employers must make every effort to fully complete            Joan, Susan, Lee and Amy
the new Form C-2. The Workers’ Compensation Board rec-
ognizes that employers may not have the information to
answer all of questions on the new form within 10 days of
the accident. When this occurs, employers should com-           ENGINEERS PROTECTIVE
plete the form to the best of their ability, indicate where     Submitted By: Frank J. Felix, Committee Chair
they don’t have the information, and then timely file the
form.                                                           For all interested parties meeting the appropriate
  To avoid penalties from the Workers’ Compensation           qualifications. (Please be aware that all requirements
Board, please remember to begin using the new C-2 form        to qualify for this License must be met at the time of
immediately.                                                  filing).
  Please Note: The State Insurance Fund has notified me          High Pressure Boiler Operating Engineer — (Written
that the Statement of Accounts for the year 2008 that         Examination #8822-000) The filing is open from June
were sent out in early April are incorrect. They will be      3-23, 2009. The expected date for the written exam is
sending out a correct version very soon. Please don’t hes-    September 26, 2009.
itate to call me at (718) 455-9731, ext. 251 for any ques-      As always, please renew all licenses in a timely fashion.
tionable items regarding your compensation insurance.         Any and all questions regarding license renewal or quali-
                                                              fications relative to the abovementioned exam should be
                                                              addressed to this Committee.
                                                       The
   May 2009 Page 8                                    auge


                                     auge
                                         The
                                                                                          PAYROLL & PERMITS
                                                                                          Submitted By: Tony Fitapelli
                          An Official Publication of
                                                                                          Permit/Payroll Committee Chair
                          LOCAL 891 IUOE
             International Union of Operating Engineers
                                                                                          Contractors: Contractors do not pay a fee when working in the
               Brooklyn Navy Yard • 63 Flushing Avenue
                  Building 292 • Suite 401 (Unit 358)
                                                                                          school building all weekdays during July and August between 8
                          Brooklyn, NY 11205                                              a.m. and 5 p.m. All weekend work and weekday work (before 8
                Ph: (718) 455-9731 • Fx: (718) 455-9733
                                                                                          a.m. and after 5 p.m.) require a fee paid permit.
                              www.Local891.com                                            Permit Fees: Custodian Engineers should not cost out permits or
                 1-888-891-2226 (Outside NY area only)                                    solicit payment for permits. All costing is done by the ISC, in-
   To Reach Anyone Listed Below, Dial the Main Union Phone                                cluding custodial fees and security charges. The ISC will invoice
                     Number and then the Extension                                        groups via e-mail or regular mail. Any questions regarding fees
                     BUSINESS MANAGER/PRESIDENT                                           by the applicant should be referred to the ISC.
                         ROBERT J. TROELLER
                                                                                          Chase Checking: Effective April 13, 2009, JP Morgan Chase will
                      Business Agent/Vice President
                            Matthew J. Wile                                               be relocating the offices that handle our Custodian checking ac-
                                                                                          counts. Kim Brown can now be reached at (212) 270-1271. DSF
                  Recording-Corresponding Secretary
                           Francis J. Byrne                                               e-mail dated April 7, 2009 has a complete list of new phone and
                                                                                          fax numbers.
                              Financial Secretary
                              Kevin J. Gallagher
                                                                                          Reduced Rate Employees: Custodian Engineers who received a
                                  Treasurer                                               back pay award to resolve a reduced rate employee grievance
                              Gary A. Chiappetta
                                                                                          should notify this Committee if the award was credited to the
                               Boro Chairmen                                              year in question rather than the year it was received. This would
Bronx . . . . . . . . . . . . . . . .    220 . . . . . . . . . . . James Rafferty         result in a DAR being adjusted for a prior year already satisfied.
Brooklyn . . . . . . . . . . . . . .     221 . . . . . . . . . . . .James Wagner          Reduced rates only apply to cleaners and handypersons in Local
Manhattan . . . . . . . . . . . . .      222 . . . . . . . . . Kieran McKivergan
Queens . . . . . . . . . . . . . . .     223 . . . . . . . . . . Peter Maddaloni          32BJ. The reduced rate for cleaner is $15.77 and for handyper-
Staten Island. . . . . . . . . . . .     224 . . . . . . . . . . . . . Steve Ready        son is $17.68.
                             Committee Chairs
Blood Bank . . . . . . . . . . . . .     250   . . . . . . . . . . . . . . Evan Manca     Relax the Edit: All requests for “relax the edit” should be made
Compensation Insurance . . . .           251   . . . . . . . . . . . . . Robert Greiss    through the Office of the Director of Labor Relations, Heidi Huss-
COPE . . . . . . . . . . . . . . . . .   252   . . . . . . . . . Margaret McMahon
Editor, “The Gauge” . . . . . . .        253   . . . . . . . . . . . . .John Brennan
                                                                                          er, who can be reached at hhusser@schools.nyc.gov or (718) 349-
Education . . . . . . . . . . . . . .    254   . . . . . . . . . . . . . . Frank Byrne    5413 or fax (718) 610-0105.
Engineers Protective . . . . . . .       255   . . . . . . . . . . . . . . Frank Felix
Entertainment . . . . . . . . . . .      256   . . . . . . . . . . . Dennis McGarry
Exceptions . . . . . . . . . . . . .     257   . . . . . . . . . . . Jeffrey J. Bilek
Good and Welfare. . . . . . . . .        258   . . . . . . . . . . . . . . . Neal Oldis
Grievances 32BJ/94 . . . . . . .
Grievances 891 . . . . . . . . . .
                                         259
                                         260
                                               . . . . . . . . . . . . . . Frank Byrne
                                               . . . . . . . . . . Richard Jennings                 Save The Date Save The Date
Hospitalization . . . . . . . . . .      261   . . . . . . . . . . Andrew Samberg
Indoctrination . . . . . . . . . . .     262   . . . . . . . . . . . Steven Williams
Legislative . . . . . . . . . . . . .    263   . . . . . . . . . . . .William Carroll
Membership . . . . . . . . . . . .
Membership Assistance . . . . .
Occup. Health/Safety . . . . . .
Payroll/Permits . . . . . . . . . .
                                         264
                                         265
                                         266
                                         267
                                               . . . . . . . . . . . Kevin Gallagher
                                               . . . . . . . . . . . . . Kevin LaFaye
                                               . . . . . . . . . . Irene Wolkiewicz
                                               . . . . . . . . . . . . .Tony Fitapelli
                                                                                                          May 15, 2009
Pension . . . . . . . . . . . . . . .
Rating and Transfer. . . . . . . .
Store Keeper . . . . . . . . . . . .
                                         268
                                         269
                                         270
                                               . . . . . . . . . . . . . Joe D’Amico
                                               . . . . . . . . . . . Robert Calamia
                                               . . . . . . . . . . . . . Pedro Arroyo
                                                                                                              Local 891 IUOE
Supplies . . . . . . . . . . . . . . .   271   . . . . . . . . . . . . Rocco Marano
Temporary Care Assign . . . . .
Watchdog Committee . . . . . .
                                         272
                                         273
                                               . . . . . . . . . . Joseph Sanfilippo
                                               . . . . . . . . . . . . . .Andrew Foti
                                                                                           81st Annual Dinner & Dance
Web Master . . . . . . . . . . . . .     274   . . . . . . . . . . . . . . Dan Morgan
                          Welfare & Annuity Funds                                                             Terrace on the Park
                   Kevin J. Gallagher, Chairman of Trustees
              63 Flushing Ave. • Unit 358 • Brooklyn, NY 11205                                               Cocktails 7 p.m. - 8 p.m.
            Ph: (718) 455-9731 Ext. 301 • Fx: (718) 488-7122
                          welfarefund@local891.com
Dental Forms.........................................................(718) 822-2098
Legal Services........................................................(718) 895-7160
                                                                                                               Support your union.
                         Daniel H. Cook Associates
           welfare forms • eye care vouchers • claims information
              253 W. 35th St., 12th Floor • New York, N.Y. 10001
                           (212) 505-5050 ext. 229                                                            Remember:
                 Newsletter Design: RWD Group • 845.364.0222
                                                                                                         Call Your Union First

				
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