• Eliminates requirement that workers had a pre-employment physical in order to be eligible for presumption benefits if employee can provide access to medical records and demonstrate the absence of a prior condition.
  
• Eliminates requirement that workers had at least 40 hours of exposure during operations as long as they were present during the first 48 hours after the first attack.
  
• Extends both the workers’ compensation and disability retirement registries through September 11, 2010.  These registries are set up for employees who worked at the site to be eligible for benefits if they develop future manifestations of injury or illness.
  
• Includes an array of new titles and eligible employees, including correction officers, deputy sheriffs, non-uniformed first responders, 911 dispatchers, and others.
  
  

Self Insured Group Trusts – Protection of Injured Workers’ Benefits (S8708 – Rules / A11756 - Rules)
A portion of the workers’ compensation insurance market is provided by group trusts, which allow employers in similar fields to join together and provide coverage through joint self insurance.  Over the last decade these group trusts operated with virtually no oversight or accountability.

Combined with insufficient employer contributions to the funds and the downturn in market investments, this lack of accountability and border line criminal behavior led to the insolvency of several of these trusts.  The ensuing shortfall in funds endangered the benefits of injured workers to the point that many would have stopped receiving benefits in July of this year.

The AFL-CIO’s first priority was to protect the benefits of injured workers.  This bill created a short term borrowing plan that will continue benefits for all injured workers covered by the group trusts through next year.  Also, strict new oversight and regulatory actions were adopted to ensure that self insured group trusts are held accountable and operate in a more responsible manner in the future.  There is a doubling of the fines for employers that do not have workers’ compensation coverage. The Federal and State governments will continue with recommendations on how to avoid this in the future.

Also, for the first time additional funding to the tune of $4 million was won for the Occupational Safety and Health Clinics.

Job Protection in NYC OTB (S.8549 - Larkin/A11635 - RULES) Chapter 115 of the Laws of 2008
This agreement created a state  public benefit corporation to take over operations of the NYC Off Track Betting (OTB). The NYS AFL-CIO worked directly with affected affiliates  to protect over 1500 jobs that would have been lost as a result of Mayor Bloomberg’s threats to close the OTB’s.

Concord Hotel/Racino/Monticello Raceway Development (S8700 - Bonacic/A11744 -  Gunther)
This legislation will create new economic development through the construction of a new Monticello Racetrack on the grounds of the Concord Hotel which will be renovated and modernized with the addition of a condo development and renewed amenities including a golf course and of course a casino with Video Lottery Terminals—1,000 construction jobs and 2,000 permanent jobs at the site are predicted by the developer.

IDA Reform (A8703A – Hoyt / S8672 – Maziarz)
The legislature and Governor did not agree on an IDA reform package, however, thanks to labor lobbying both houses introduced an omnibus AFL-CIO backed IDA reform bill.  The bill requires prevailing wages to be paid on all IDA backed construction, establishes wage standards for permanent jobs and creates new, stringent oversight and accountability measures for IDAs. 

Labor did have a big win in ensuring that the not-for-profit sector remained ineligible for IDA backed projects.  Earlier in the year the authorization for IDAs to fund and back projects for not-for-profit employers expired. Thanks to NYS AFL-CIO lobbying this authorization remains expired and until reforms for all IDA projects are enacted, the AFL-CIO will continue to oppose any expansion of IDAs.

Unemployment Insurance Reform (A11642 – John)
The NYS AFL-CIO proposed increases in the unemployment insurance benefit to reach 50% of the average weekly wage and then to annually index the benefits.  The state Assembly introduced this proposal however the Governor did not engage in negotiations and no agreement was reached.  This will remain an AFL-CIO priority.

Temporary Disability Increase and Family Leave Benefits (S8428 – Morahan)
The NYS AFL-CIO proposed legislation to increase the temporary disability insurance (TDI) benefit to 50% of the average weekly wage, with an annual index and create new family leave benefits.  The Senate introduced the NYS AFL-CIO bill yet neither house nor the Governor expressed support for the bill or offered their own proposals and nothing came of preliminary negotiations.  The NYS AFL-CIO will continue to push this issue in the coming year.

Property Tax Cap   ***AFL-CIO OPPOSE***
Governor Paterson embraced the Suozzi Commission report which called for establishing a property tax cap on school district revenues and called for rolling back the benefits, rights and other labor standards that apply to teachers, school personnel and other unions that contract and conduct business with schools.

The AFL-CIO immediately joined with affected affiliates to oppose the shortsighted plan, which did not address the cost drivers that force property taxes to increase, did not propose a plan for protecting school services or quality of education and did nothing to address the inequities in the current tax system, which allow big business the wealthy to avoid paying their fair share.

Although the Governor pushed hard to get a tax cap passed, the issue did not reach the negotiating table however, it is important for all affected affiliates to remain vigilant as this issue will remain a top priority for the Governor.  The AFL-CIO will continue to oppose the shortsighted plan, and push for a more fair and progressive state and local tax policy that takes into account service protections, worker rights and ability to pay.

Denis M. Hughes