Click on the categories below to view our responses to questions of general interest.
Have a question for OMCE?  Email us: nysomce@gmail.com.

● Can OMCE assist an employee with either a grievance or work place discrimination?

Yes, we do it all the time. Grievance and legal defense services are available to OMCE members in good standing for ninety (90) days prior to the occurrence of the event giving rise to the request for services. Call us for membership information and/or assistance at 1-800-828-6623 (in the Albany area, 456-5241).

● What are our grievance procedures? My agency personnel department has stated that M/C employees do not have this right. Does OMCE help employees in this area?

M/C employees are covered under the Executive Order 42 Grievance Procedure promulgated by Governor Rockefeller in 1970 to give employees not covered by a collective bargaining agreement the opportunity to submit grievances. OMCE provides grievance and legal defense services to its members. Call us for information at 1-800-828-6623 (in the Albany area, 456-5241). A copy of the M/C Grievance Procedure can be found in the Appendices to the M/C Handbook (Appendix J: Grievance Procedures). If you do not have a copy, you can access it online at www.goer.state.ny.us/MC/handbook.

● Shouldn't the State have been required to pay interest on the withheld 2003 performance advances?

Since our successful 2003 Performance Advances lawsuit was one of equitable action (that is, challenging the policy that resulted in the withholding of money), there was no right to interest. An order directing payment of interest would have been entirely at the court's discretion. Our lawyers argued that the court take "just and appropriate action" and, while that term was sufficiently broad to include provision for the payment of interest, nevertheless the court did not order the State to pay interest. And, according to our lawyers, it would have been unusual to see interest assessed in this type of case.

● Is the Appellate Court the final destination for an appeal of a State Supreme Court decision or are there additional appeal levels?

If two of the five appellate justices dissent, the losing party has a right to appeal to the Court of Appeals, the State's highest court. If less than two justices dissent, or if the appellate decision is unanimous, then the losing party can ask permission to appeal to the Court of Appeals. The Appeals Court can either decide to take the appeal or decline to intervene.

● I understand the budget director's pay withholding authority was increased. Can you explain how this authority was increased and how it will affect M/C employees?

Language was inserted in the 2004 M/C pay bill that expands the legal basis for the Budget Director's withholding of pay increases from M/C employees to include the very Civil Service Law provisions upon which our successful 2003 lawsuit over the Budget Director's withholding of performance advances in 2003 was based. This expanded authority can only be applied with respect to M/C pay withholdings occurring on or after April 1, 2004.

▲BACK TO TOP