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N.Y.’s small-group health premiums to rise 7.4% on average in 2024
Health insurers serving New York state’s small-group market will raise their premiums by 7.4 percent, on average, in 2024 after an initial request of an average 15.3 percent increase. It represents a cut of 52 percent by the New York State Department of Financial Services (DFS), saving small businesses $607 million, DFS said in an […]
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Health insurers serving New York state’s small-group market will raise their premiums by 7.4 percent, on average, in 2024 after an initial request of an average 15.3 percent increase.
It represents a cut of 52 percent by the New York State Department of Financial Services (DFS), saving small businesses $607 million, DFS said in an Aug. 31 announcement.
A number of small businesses also will be eligible for tax credits that may lower those premium costs even further, such as the Small Business Health Care Tax Credit, DFS said.
The department on Aug. 31 said it had approved health-insurers’ premium-rate increases for 2024, adding that it saved consumers and small businesses a total of almost $732 million.
Almost 800,000 New Yorkers are enrolled in small-group plans, which cover employers with up to 100 employees.
More than 1.05 million New Yorkers are enrolled in individual and small-group plans.
In the individual market, DFS said it reduced insurers’ requested rates by 44 percent.
The rising cost of medical care — including in-patient hospital stays as well as rapid increases in drug prices — “continues to be the main driver” of health-insurance premium increases.
In light of the continued increases in costs of health care and other consumer goods and services, DFS held insurers’ profit provisions to only 1 percent, the department said.
The chart lists health-insurance carriers’ initial requests and DFS approved rate increases.
VIEWPOINT: NLRB Further Erodes Employer Rights and Promotes Unionization
The National Labor Relations Board (NLRB) continues to drastically change the law and tilt the playing field against employers and in favor of labor unions. Recently, the Biden Administration’s NLRB issued new rules governing the unionization process that mark a return to the “quickie elections” from the Obama era. The NLRB issued a landmark decision
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The National Labor Relations Board (NLRB) continues to drastically change the law and tilt the playing field against employers and in favor of labor unions. Recently, the Biden Administration’s NLRB issued new rules governing the unionization process that mark a return to the “quickie elections” from the Obama era. The NLRB issued a landmark decision in Cemex Construction Materials Pacific (372 NLRB No. 130) that seriously undermines both employer and employee rights by disfavoring secret-ballot elections.
Under Cemex, unions can now more easily secure recognition from an employer based solely on signed union-authorization cards, rather than garnering a majority of votes in a secret-ballot election among the employer’s employees. Union-authorization cards are often an unreliable indicator of true employee sentiments because of the potential for signatures being obtained through pressure tactics, card signers having incomplete or inaccurate information, and the lack of a private expression of employee sentiments. The secret-ballot election process, a cornerstone of a democratic system of government, is designed to cure this by affording each employee the opportunity to make a private decision about the kind of workplace that employee wants after an opportunity to consider arguments both for and against unionization.
The union-organizing process in place for most of the last century has consisted of the following steps:
Union organizers solicit the employees to sign union-authorization cards demonstrating their interest in potential unionization.
To invoke an NLRB election, the union needs signed cards from at least 30% of the employees in an appropriate bargaining unit.
A union that obtains signed cards from more than 50% of the employees in an appropriate unit can request the employer to automatically recognize the union as the exclusive bargaining representative rather than going through a formal voting process.
An employer has the right to decline a union’s request for voluntary recognition, thus allowing the final outcome to be determined via a secret-ballot election process conducted by neutral government officials from the NLRB.
Absent voluntary recognition, the union must file a petition for an election.
The petition initiates a review process to determine the proper scope and composition of the potential bargaining unit, along with the timing and mechanics for a secret-ballot election among the employees.
During the weeks leading up to an election, both the union and the employer have the right to communicate with employees about the pros and cons of union representation.
The election results are determined by a majority of ballots actually cast in the election by the employees.
There is an appeal process if the losing party believes that the prevailing party engaged in any rules violations, potentially triggering a re-run election, or, in rare cases, a bargaining order remedy, based on severe violations by an employer, meaning the union is installed as the bargaining representative despite having failed to win the election.
In a split decision, along political-party lines, in Cemex, the NLRB now holds that whenever a union requests recognition on the basis of signed union authorization cards or files an election petition, an employer faces a significant risk of a bargaining order from the NLRB without the union winning an election and, in some scenarios, without an election being held at all.
Under Cemex, after the union demands recognition (step 3, above), the employer must recognize and bargain with the union, or file an NLRB petition for an election within two weeks of the union’s demand. If the employer does not file timely for an election (and assuming the union has not also commenced an election proceeding), the employer is at risk of a section 8(a)(5) unfair labor practice (ULP) for declining to recognize the union based solely on the request for recognition. Any defense related to a claim that the union lacks majority status or that the union’s bargaining-unit designation is inappropriate would be litigated in that ULP proceeding. The current NLRB law on both of these issues heavily favors the union. Thus, the employer’s failure to act promptly when a union demands recognition will eliminate the employees’ fundamental right to choose their representative through a secret ballot election.
Moreover, after either party files an election petition, if the employer commits any unfair labor practice that would historically result in setting aside the election and conducting a second election after other remedial actions were implemented, now the election petition will be dismissed, and — rather than re-running the election — the NLRB intends to order the employer to recognize and bargain with the union. Thus, in any union-organizing campaign, it appears that the presumptive remedy for even minor or isolated violations by the employer will be a bargaining order, rather than a re-run election, in cases in which the union obtained signed cards from a majority of employees, without regard to the circumstances under which those cards were obtained. Significantly, the unfair-labor practices that could trigger board-ordered union recognition are not necessarily related to the organizing campaign and could theoretically, for example, arise from the NLRB’s recently expanded scrutiny of handbooks and other employment policies.
The NLRB’s decision in Cemex not only diminishes important employer rights, but it effectively disenfranchises employees by denying them the opportunity to make a personal decision in a private voting booth after considering all relevant information. Cemex drastically raises the stakes for any employer missteps when facing union-organizing activity. Prior to Cemex, bargaining orders were only issued in cases of severe violations, but now such orders may be issued on less significant, or isolated alleged violations, such that a poorly phrased comment by a supervisor, or simply following through on a pre-existing practice and/or a decision made before the organizing activity, later deemed coercive, could result in the waiver of an election and automatic installation of the union.
While the legal path the NLRB has charted in Cemex will certainly be challenged in the courts, it may be years before the federal circuit courts, or the U.S. Supreme Court settles the issues. In the meantime, the Cemex principles will be applied by the NLRB to some pending cases, and to future NLRB proceedings. Employers facing union-organizing drives — now or in the future — should consider consulting with trusted counsel and ensure they are strategic and proactive in their responses to the new legal landscape created by the NLRB’s recent activism.
Raymond J. Pascucci and Thomas G. Eron are members (partners) at Bond, Schoeneck & King PLLC, specializing in labor and employment law. Contact Pascucci at rpascucci@bsk.com. Contact Eron at teron@bsk.com. This article is drawn from the Bond website.

Gilroy Kernan & Gilroy acquires the Burns Agency
NEW HARTFORD, N.Y. — The Burns and Gilroy families say Gilroy Kernan & Gilroy, Inc. (GKG) of New Hartford has acquired the Burns Agency of Clinton in a combination involving two insurance agencies that have served the Mohawk Valley for more than a century. The acquisition closed Aug. 18, and the Burns Agency will move
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NEW HARTFORD, N.Y. — The Burns and Gilroy families say Gilroy Kernan & Gilroy, Inc. (GKG) of New Hartford has acquired the Burns Agency of Clinton in a combination involving two insurance agencies that have served the Mohawk Valley for more than a century.
The acquisition closed Aug. 18, and the Burns Agency will move forward as a division of Gilroy Kernan & Gilroy, the acquiring firm tells CNYBJ in an email message.
The Aug. 24 announcement didn’t include any financial terms of the acquisition agreement.
After 104 years — and four generations — the Burns family says it is “proud to leave their customers and their family’s legacy in the hands of another local, family-owned, independent insurance agency with deep ties to the local community,” per the announcement.
The Burns Agency, founded in 1919, specializes in personal and commercial insurance. Dave Burns served as president of the firm until his death in September 2022.
GKG, founded in 1904, specializes in personal and commercial insurance, along with risk management, employee benefits, and retirement.
“Dave was not only a trusted advisor, but a great leader and friend to many in our community. This acquisition brings together two firms with over 225 years of combined history and demonstrates the strong commitment of both to our local community. We are proud to continue Dave’s legacy as we move into the future,” Larry Gilroy, president of GKG, said.
Effective immediately, the Burns Agency’s clients are now clients of GKG, with access to the services that GKG offers. On the GKG website, both Larry Gilroy and Lisa Burns authored a message to the clients of the Burns Agency about the acquisition.
The GKG agency has more than 60 employees with a “diverse range of experience, knowledge, and expertise.” The Burns Agency staff —Wendy Lawlor, Julie Freemire, Sandra Freeman, and Elaine Wallace — are now employees of GKG, the acquiring agency noted.
“GKG is committed to minimizing any disruption to clients during the transition. As far as the day to day goes, little will change,” the New Hartford agency said.
The Burns Agency’s 29 West Park Row location will remain open to clients and the staff will continue to operate primarily from the Clinton location.

Loretto starts new department for learning, development & employee experience
SYRACUSE — Loretto says it has restructured its human-resources department to “make room” for a new learning, development & employee experience department, led by Nancy Williams, who joined the organization as chief people officer earlier this summer. The new department follows the “success” of several learning and development programs for employees that Loretto launched in
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SYRACUSE — Loretto says it has restructured its human-resources department to “make room” for a new learning, development & employee experience department, led by Nancy Williams, who joined the organization as chief people officer earlier this summer.
The new department follows the “success” of several learning and development programs for employees that Loretto launched in recent weeks, per its Aug. 30 announcement.
“We are broadening the function of human resources and thinking about it in a different, more expansive way,” Williams said. “In addition to the benefits package Loretto offers, we want to ensure we’re focused on employee well-being, learning, and development — their overall experience. Regardless of whether an employee is in a leadership or clinical role, we want them to be highly successful and supported — that’s what this team was created to do.”
Besides Williams, Loretto’s learning, development & employee experience department includes Diana Wolgemuth, who was recently promoted to director of learning, development & employee experience; Michelle Cuttler, manager of employee experience & retention; and Kylie Murphy, employee coach.
Loretto says the entire team is committed to managing continuous learning and education, but different team members are dedicated to specific needs, including the needs of new employees through recruitment and orientation and the needs of existing employees through retention initiatives to “earn while you learn.”
Loretto describes itself as the fourth-largest health-care provider in Central New York. The agency has about 2,500 employees at its 19 locations delivering care to close to 10,000 people of all ages, income levels, and care needs in Onondaga and Cayuga counties annually.
Department activities
The learning, development & employee experience department will focus on “maximizing employee engagement” from signing on as a Loretto employee to advancing through clinical and/or leadership training.
Specifically, this department will manage diversity, equity, inclusion, and belonging initiatives; employee orientation; and one-on-one employee coach meetings.
It will also manage the training programs for certified home health aides (CHHA) and certified nurse aides; the LPN (licensed practical nurse) apprenticeship program; EDGE (Engage, Develop, Grow, Excel) program; Leadership Academy; and frontline career advancement program (FCAP)
The initiative “exemplifies Loretto’s commitment to engaging employees” through continuous learning and education, ultimately giving employees at every level the opportunity to advance their careers, Loretto noted.
“Experience is everything — for the people we care for, but also for our employees. Our new team is excited to commit to taking extraordinary care of Loretto’s exceptional people,” said Williams.
“Worthy investment”
A department dedicated to employee experience may not be as common in upstate New York or the health-care industry, but Loretto sees meeting employee needs as a “worthy investment.”
Several studies have found a correlation between employee engagement and positive outcomes, Loretto said. The organization cited IBM’s “Employee Experience Index,” which found a link between positive employee experiences and better performance, extra effort at work, and lower turnover intentions.
The organization cited Gallup’s 2023 State of the Global Workplace as indicating only 31 percent of employees in the U.S. and Canada report being engaged, which is defined as “being absorbed by and enthusiastic about their work.” The Gallup report found that 47 percent of workers report their intent to leave their current job. Another 52 percent of employees report having stress daily in their current positions.
“As we emerge from the pandemic, research shows there is a greater focus on mental health and overall well-being,” Julie Sheedy, chief marketing & engagement officer at Loretto, said. “In the healthcare industry, this isn’t just how to create teamwork and appreciation. We need to understand: how do you help your team members deal with the stress of the environment they are in? What challenges are they facing at home that are impacting their work? Our employee coaches have a constant pulse on our workforce, which empowers us to constantly improve their experience.”
Employee experience isn’t a new concept, but it has recently increased in popularity, notably in cities like Los Angeles, San Francisco, and New York City, Loretto said, citing LinkedIn’s list of “Jobs on the Rise 2023.”

SRC names director of software engineering
CICERO — SRC, Inc. announced it has promoted Bob Parish to director of software engineering. In this role, Parish will manage a team located across the country, giving technical direction, setting goals and ensuring that the software engineering group “continues to deliver lifesaving products and services for our customers,” SRC said in an Aug. 18
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CICERO — SRC, Inc. announced it has promoted Bob Parish to director of software engineering.
In this role, Parish will manage a team located across the country, giving technical direction, setting goals and ensuring that the software engineering group “continues to deliver lifesaving products and services for our customers,” SRC said in an Aug. 18 news release.
Parish has more than 20 years of software-engineering experience. He started at SRC in 2014 and has worked as a lead software engineer, engineering manager, and software architect, the company said. In these roles, Parish has worked on designing, implementing, and leading several complex software solutions, while also managing and mentoring a team of nearly 30 engineers.
“Bob’s technical expertise and mentorship skills are an asset to SRC,” Kevin Hair, president and CEO of SRC, said. “His leadership of the software engineering group will help us to continue to develop innovative solutions by applying the latest technology.”
Parish holds a bachelor’s degree in computer engineering from Clarkson University and a master’s degree in computer engineering from Syracuse University.
SRC is a Cicero–based not-for-profit research and development company that says it combines information, science, technology, and ingenuity to solve “impossible” problems in the areas of defense, environment, and intelligence.
OPINION: We Can Fix the Migrant Mess by Calling a Special Session
The migrant crisis in New York continues to escalate. There are now more than 100,000 migrants whose records, including things like vaccination status for those about to be enrolled in our public schools, are a complete mystery to local and state officials. Estimates show New Yorkers are looking at a multi-billion-dollar bill to cover expenses
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The migrant crisis in New York continues to escalate. There are now more than 100,000 migrants whose records, including things like vaccination status for those about to be enrolled in our public schools, are a complete mystery to local and state officials. Estimates show New Yorkers are looking at a multi-billion-dollar bill to cover expenses related to the crisis.
As such, the Assembly and Senate minority conferences have called on Gov. Kathy Hochul to bring the legislature back to Albany, so we can immediately pass measures to address these critical public-policy gaps. In separate letters to the governor, we urged action at the state level to ensure communities have the resources they need, taxpayers are protected, and that we stem the influx of illegal migrants by revoking New York City’s status as a sanctuary city.
It was clear at the onset of this crisis that city, state, and federal officials were unprepared to take in thousands of migrants who have poured into the country at the southern border. In the absence of their leadership, we have generated a list of legislative actions that will help protect both New Yorkers and the migrants. Our conference introduced these proposals with the hope Gov. Hochul convenes a special session to address the matter:
• Require the state comptroller to examine and audit state and federal funds received and appropriated for humanitarian aid in New York City or any municipality (A.7508, Ra);
• Require New York State to register all migrants in order to assist with background checks and monitoring refugees seeking asylum (A.7319-A, Slater);
• Protect counties and municipalities from “Right to Shelter” confusion by requiring local governing bodies in New York state to opt-in to accept migrants from other jurisdictions;
• Ensure funding is not used to shelter migrants in schools, daycare centers, or community-based organizations;
• Reverse the Executive Order of 2017 prohibiting law enforcement from cooperating with Immigration and Customs Enforcement (ICE) to end New York’s status as an illegal immigration sanctuary;
• Adopt a resolution calling on the federal government to provide financial assistance to the state and properly address the border crisis it created.
Considering the impact of this crisis has spread much further than New York City’s lines, these measures are important for upstate communities facing enormous uncertainty in the coming months. It is extremely unfair to burden upstate communities with New York City’s ill-advised and poorly executed decision to blindly declare the city a “sanctuary.”
Now is the time to act. If the governor truly wants to create a sanctuary in New York, rampant confusion and chaos are not the way to do it.
William (Will) A. Barclay, 54, Republican, is the New York Assembly minority leader and represents the 120th New York Assembly District, which encompasses all of Oswego County, as well as parts of Jefferson and Cayuga counties.
OPINION: U.S.–Japan–South Korea summit a foreign policy success
[August’s] Camp David summit of the leaders of the United States, Japan, and South Korea brought welcome positive news in the world of foreign policy. President Joe Biden hosted Yoon Suk Yeol, the president of South Korea, and Fumio Kishida, the prime minister of Japan. Perhaps surprisingly, it was the first time the leaders of
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[August’s] Camp David summit of the leaders of the United States, Japan, and South Korea brought welcome positive news in the world of foreign policy.
President Joe Biden hosted Yoon Suk Yeol, the president of South Korea, and Fumio Kishida, the prime minister of Japan. Perhaps surprisingly, it was the first time the leaders of the three nations had met together, and it produced both symbolic and concrete results. It sent a clear message that the allies are united in the face of China’s increased aggressiveness and North Korea’s nuclear threats.
Conducting the meeting at Camp David, with its history of important diplomacy, highlighted the event’s significance. The presidential retreat in Maryland, a world apart from the pomp of Washington, D.C., is where Franklin Roosevelt and Winston Churchill met to discuss the progress of World War II and where Jimmy Carter hosted the leaders of Israel and Egypt to hammer out the Camp David Accords.
The one-day meeting concluded with announcements of security agreements. The leaders pledged to have annual cabinet-level meetings and to work together on issues involving global supply chains and critical technologies. They made a “commitment to consult” on security threats and established a new crisis hotline while stressing that the agreement is not a NATO-style mutual-defense treaty.
Biden campaigned on a promise to restore relationships with allies, a reversal from Donald Trump, who often berated America’s friends while seeking splashy but ultimately unproductive meetings with adversaries. The summit with Yoon and Kishida showed the Biden foreign-policy approach at its best.
You might think maintaining positive relationships with allies would be the easiest part of foreign policy. Often, it’s not. South Korea and Japan, neighbors separated by the Sea of Japan and the Korean Strait, are prosperous democracies with advanced industrial economies, but they have a contentious history.
The Korean Peninsula was a Japanese colony from 1910-1945, a time when Korean men were drafted into the Japan’s military or forced to work in factories and many Korean women were made to serve as “comfort women” for Japanese soldiers. In recent decades, Japan apologized and paid reparations, but some Koreans haven’t forgiven. There also have been tensions over trade and territorial disagreements.
Yoon and Kishida, who both took office in the past two years, have taken steps to repair the relationship, encouraged by the Biden administration. Japan and South Korea have somewhat different national-security priorities, but both have been alarmed by China’s efforts to expand its influence and by North Korean leader Kim Jong Un’s saber-rattling. Biden insisted the summit was “not about China,” but China was certainly one factor that made strengthening the alliance possible and necessary.
Japan and South Korea have also objected to some U.S. policies, especially concerning trade, where Biden’s “Made in America” emphasis can come at the expense of Asian manufacturing. The president’s climate legislation provided tax credits for electric vehicles built in the U.S. but not for imports. Subsidies for American semiconductor plants, aimed at countering Chinese dominance in the industry, could impact South Korea, which depends on trade with China. Meanwhile, elevating the U.S. alliance with Japan and South Korea risks worsening our already fraught relationship with China.
Effective foreign policy is a balancing act that requires careful engagement with friends and foes and deliberate consideration of risks and rewards. That said, there are few drawbacks to strengthening America’s ties with two of its most important allies. The Camp David meeting can be expected to improve security in East Asia while serving U.S. national interests.
Lee Hamilton, 92, is a senior advisor for the Indiana University (IU) Center on Representative Government, distinguished scholar at the IU Hamilton Lugar School of Global and International Studies, and professor of practice at the IU O’Neill School of Public and Environmental Affairs. Hamilton, a Democrat, was a member of the U.S. House of Representatives for 34 years (1965-1999), representing a district in south-central Indiana.
Erie Materials, a regional distributor of building materials in New York and Pennsylvania, announced several recent promotions and new hires. CHRIS FILES was hired for the inside sales team at the Syracuse branch. He has broad customer service and purchasing experience and is a graduate of Onondaga Community College. BRIAN CUNNINGHAM and FRED MONETTE, JR.
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Erie Materials, a regional distributor of building materials in New York and Pennsylvania, announced several recent promotions and new hires. CHRIS FILES was hired for the inside sales team at the Syracuse branch. He has broad customer service and purchasing experience and is a graduate of Onondaga Community College. BRIAN CUNNINGHAM and FRED MONETTE, JR. were promoted to the Syracuse inside sales team. Cunningham joined Erie Materials earlier this year as a warehouse specialist in the distribution center. He has excellent industry experience and project knowledge, having worked at both national and independent building-materials dealers. Monette, Jr. joined Erie Materials in 2020 and has worked in the Syracuse warehouse. MICHAEL BURDICK was promoted to inside sales at the Elmira branch. He joined Erie Materials in 2018 in the warehouse and has served as a driver, boom operator and trained in dispatch. ADAM THORYK was hired as purchasing agent at the firm’s corporate offices in Syracuse. He joined Erie Materials in 2019 as a warehouse worker at the Syracuse branch and was soon promoted to inside salesperson.

ADOL MAYEN has been appointed as immigrant and refugee-affairs coordinator in the Department of Neighborhood and Business Development (NBD) of the City of Syracuse. Mayen will be responsible for strategic coordination with resettlement agencies and programs, building community partnerships and advocacy aimed at improving the quality of life for immigrant and refugee communities in Syracuse.
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ADOL MAYEN has been appointed as immigrant and refugee-affairs coordinator in the Department of Neighborhood and Business Development (NBD) of the City of Syracuse. Mayen will be responsible for strategic coordination with resettlement agencies and programs, building community partnerships and advocacy aimed at improving the quality of life for immigrant and refugee communities in Syracuse. Prior to joining city government, Mayen worked for the Volunteer Lawyers Project of CNY, holding multiple positions including as an intake specialist, pro-bono coordinator, and paralegal. She worked on initiatives focused on LGBTQ+ rights, family law, COVID-19’s effect on Syracuse city residents’ access to the court system and workplace inclusion. Mayen has also worked as an educator for the U.S. Peace Corps in Limpopo, South Africa, where she taught English and facilitated community-based conversations and programming on early childhood development and literacy. Mayen is skilled in bringing together diverse stakeholders, faith-based leaders, and community partners to better represent the people she serves. Mayen received her bachelor’s degree in international relations and diplomacy, focusing on political science and post-conflict resolution in Sub-Saharan Africa from Seton Hall University. She is proficient in four languages: English, Arabic, Dinka, and Sepedi (Northern-Sotho).

Carthage Area Hospital, Claxton-Hepburn Medical Center, North Country Orthopaedic Group, and its affiliates recently announced the appointment of PETER SINAGRA as executive director of the
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