Nurses in the Albany area were celebrating the settlement of a class-action lawsuit commenced against Northeast Health of Troy, New York, among other health care providers, aimed at stopping hospitals from conspiring to depress wages that will proportionately pay affected class participants $1,250,872. More importantly, the agreement includes provisions prohibiting the employer from participating in various anti-competitive practices such as sharing current and future wage information about nurses with other health care facilities. It also requires the hospital to cooperate with the plaintiffs by providing access to Northeast witnesses in order to further their pending lawsuits against other area hospital defendants. There are a total of approximately 2,500 members of the entire class. Notably, the Nurses Alliance of the Services Employees International Union assisted the plaintiffs in their lawsuit by providing empirical evidence, informational data and other support.
The settlement, which was filed on March 9, 2009 in U.S. District Court for the Northern District of New York, partially resolves a legal action initiated by the nurses in 2006 who asserted that Albany area hospitals had for years shared confidential wage data and otherwise conspired to suppress the salaries of registered nurses in violation of federal antitrust laws. The class consists of direct-care nurses who worked at Albany area health care facilities between June 20, 2002 and June 20, 2006. The agreement, although final, remains subject to court approval. Northeast Health admitted no wrongdoing in the settlement.
In a victory for those who value the United States Constitution's Second Amendment right to "keep and bear arms," the Supreme Court on March 9, 2009 refused to consider New York City's challenge to the constitutionality of the Protection of Lawful Commerce in Arms Act (15 U.S.C. 7901 et. seq.). Thus the City's insidious criminal nuisance action against various gun manufacturers and distributors for allegedly causing conditions that negatively affect the public health and safety by purportedly failing to assiduously monitor firearms sales to retailers was dismissed. It is noted that New York City had challenged the right of Congress to promulgate this law on Tenth Amendment ("states rights") grounds and further argued that, in any event, their suit came within the health and safety exception in the Act (15 U.S.C. 7903(5)(A)(iii). The defeat is another devastating blow to Mayor Michael Bloomberg, who fully adopted this lawsuit as his own and whose crusade against lawful firearm ownership has again come up empty.
In a stunning victory for proponents of affordable housing, the New York State Appellate Division, First Department, unanimously ruled on March 5, 2009 that landlords who receive government tax subsidies, such as through New York City's J-51 Program (now NYC administrative code section 11-243) cannot legally deregulate stabilized or controlled apartments by virtue of the high-rent exception to the law so long as they continue to receive (or have continued to receive) such tax benefits. The case is Roberts v. Tishman Speyer Properties. It is noted that this exception to rent regulation removes apartments from the system if the legal rent on a vacant unit is at or exceeds $2,000 per month.
A huge rally today at New York's City Hall demonstrated the power of labor as well as others committed to a fair budget to demand that the state's 2009/10 projected $15 billion deficit not be balanced on the backs of working women and men, children, the poor, the elderly, the sick and infirm. Tens of thousands of average, everyday, New Yorkers from labor unions, church groups, non-profits and others came out in the cold afternoon on March 5, 2009 to let the governor, mayor and every elected state legislator and city council member know that they will not countenance a budget that does not embrace shared sacrifice. So great were their numbers that Broadway was reduced to one lane and numerous side streets were closed entirely by the New York City Police Department.
On Thursday afternoon on the steps of New York's City Hall (and elsewhere through-out the state - see below) thousands of union members will come together to fight for a "Fair Budget for All." The rally is being led by the NYS AFL-CIO, the NYC Central Labor Council, District Council 37, 1199SEIU, the United Federation of Teachers, the Public Employees Federation and other state-wide unions. They will be joined by community and church groups, non-profit organizations and others committed to fighting the devastating budget cuts proposed at the state and city levels - most on the backs of working women and men, the poor, the disabled, senior citizens and others in need.
New York is facing a challenging budget crisis. The way to solve that crisis and bridge the $14 billion deficit for 2009/10 is by shared sacrifice. The governor's proposed budget, however, places almost the entire burden on those least able to afford it while allowing other interest groups off "Scot-free." For example, the governor has proposed closing the budget gap by cutting health care funding by more than $3 billion; cutting education spending by $2.5 billion; cutting social service spending by hundreds of millions; cutting aid to Municipalities by $700 million; and, gutting current state collective bargaining agreements by forcing workers to forfeit needed wage increases, pay significantly more for their health care through higher premiums, provide a further loan to the state by a compulsory donation of another week's pay (it already holds three weeks of each workers' wages now) and by a new, far worse, retirement tier. Even the tax and fee increases he proposes disproportionately affect the poor, working and middle classes.
To reduce the unfair cuts to these programs and to government workers as well as end unfair tax proposals and fees, it is important that all New Yorkers pitch in to reduce the budget deficit.
What's the best way to prevent Michael Bloomberg (pictured, below left) from winning a third term for Mayor of the city of New York? Stop him from being able to run for the office in the first place! There are pending bills in both the state Assembly (A-1224A) and the state Senate (S-1536A) which will do just that - and they're moving. This legislation entails that any revision of local term limits laws requires voter approval in a referendum.
On February 25, 2009 the Assembly Committee on Election Law approved the measure and referred the legislation to the Ways and Means Committee. The Election Committee of the state Senate is scheduled to vote on its bill on March 10, 2009. Senator Kevin Parker, majority whip and chief sponsor of the bill, has indicated he has enough votes to pass it out of the Election Committee.
UPDATE (2/26/09): Siena Research Poll finds Tedisco (pictured, below left) ahead by 12 points but voters find candidates virtually even on who has a better economic and health care plan for the district. Results troubling for Tedisco.
He has a 75,000 edge in Republican voter registrations over any Democrat who chooses to run. He is well known in the 20th Congressional District. He is conservative by nature as are most of the voters in the district. His political experience is extensive with 27 years as a state assemblyman with the past four as GOP minority leader. The district voted for Democrat Kirsten Gillibrand in the last two elections. However, many voters have expressed anger over her waffling political positions especially concerning gun owner rights after she became New York's junior United States senator further souring their taste for electing another Democrat. Scott Murphy, that Democrat, is a virtually unknown, relatively inexperienced - and underfunded - candidate who has received little support from the national party.
The ongoing soap opera over whether Michael Bloomberg obtains the right to run on the GOP line for a third term for mayor of the city of New York brings to mind some interesting facets of political life and reality in New York. And to be sure, principles have very little to do with the outcome. In that regard, I will concentrate on the GOP side of the equation.
As I have said elsewhere, New York is a "pay to play state." Principles have rarely stood in the way of why things happen - or don't. Take labor for instance, a group so utterly beloved on Urban Elephants that those who are an integral part of its leadership would be crushed by its embrace. Unfortunately for Urban Elephants, your views are practically irrelevant. But don't despair, you're not alone. Groups like the Young Republicans are in the same boat. So are college students, individual citizens and others who can provide little in the way of truly tangible assistance.
The Herd: Have Your Say
On Thursday afternoon on the steps of New York's City Hall (and elsewhere through-out the state - see below) thousands of union members will come together to fight for a 
or of the city of New York? Stop him from being able to run for the office in the first place! There are pending bills in both the 
conservative by nature as are most of the voters in the district. His political experience is extensive with 27 years as a state assemblyman with the past four as GOP minority leader. The district voted for Democrat Kirsten Gillibrand in the last two elections. However, many voters have expressed anger over her waffling political positions especially concerning gun owner rights after she became New York's junior United States senator further souring their taste for electing another Democrat. Scott Murphy, that Democrat, is a virtually unknown, relatively inexperienced - and underfunded - candidate who has received little support from the national party.
New York. And to be sure, principles have very little to do with the outcome. In that regard, I will concentrate on the GOP side of the equation. 
