Skip to main content

Gambling getting out of control? GCASA has a treatment program that can help

By Mike Pettinella

Today’s society invites people to gamble.

Casinos are at every turn.

Lotteries are run by state governments.

Sports betting is a click of the mouse away.

Getting in on the horse-racing action is as easy as turning on the TV.

Bombarded by messages such as “a dollar and a dream,” it’s no wonder that, according to the National Council on Problem Gambling, an estimated 2 million Americans are pathological gamblers and another 4 to 6 million people would be considered problem gamblers – those whose gambling affects their everyday lives.

In New York State, an Office of Addiction Services and Supports’ survey revealed that more than 700,000 adults struggle with a gambling problem. That’s 5 percent of the adult population.

“Just like an addiction to drugs or alcohol, they (problem gamblers) can’t stop,” said Tony Alisankus, BS, CASAC II SAP, who oversees a problem gambling treatment at Genesee/Orleans Council on Alcoholism and Substance Abuse. "It’s a disease that changes the neurochemistry of the brain; similar to cocaine, amphetamines or opioids.”

Also known as compulsive gambling or gambling disorder, gambling addiction is an impulse-control illness. A compulsive gambler can’t control the impulse to gamble, despite the negative consequences for that person or his or her family.

Alisankus called it “the hidden disease” because people don’t want to address it.

“And it’s not just slot machines, horses or card games,” he said. “The compulsion can show up in stock trading, lottery tickets and online gambling.

Gambling disorder (the current terminology per the Diagnostic and Statistical Manual of Mental Disorders) is defined as persistent and recurrent problematic gambling behavior leading to clinically significant impairment or distress.

Some of the signs of gambling disorder are as follows:

-- Need to gamble with increasing amounts of money in order to achieve the desired excitement;

-- Has made repeated unsuccessful efforts to control, cut back or stop gambling;

-- Often gambles when feeling distressed or anxious;

-- Lies to conceal the extent of involvement with gambling;

-- Relies on others to provide money to relieve desperate financial situations caused by gambling.

Gambling disorder can seriously affect a person’s personal well-being, employment situation and family life, Alisankus said. Fortunately, however, there is hope and help for the problem gambler.

“Like all addictions, gambling is a treatable disease,” said Alisankus, who has provided substance abuse counseling for more than 30 years and has recently attained certification in gambling disorders. “With treatment and follow-through, people can remain in remission.”

The program at GCASA offers various methods of evidence-based treatment, including Dialectal Behavior Therapy, Rational Emotive Behavior Therapy (skills-based therapies for patients to find a better way to think and cope) and Motivational Interviewing.

It also offers treatment for family members affected by the loved one’s disorder, referrals to Gambler’s Anonymous, GAMANON and not-for-profit credit/financial counseling.

Alisankus said the initial step for the problem gambler in either Genesee or Orleans County – or for someone who may be at risk of escalating his or her gambling activities – is to call GCASA at 585-343-1124 to set up an assessment appointment (those take place on Mondays at 4 p.m. in Batavia).

Should a potential patient have transportation issues or can’t meet at that time, procedures are in place for a special appointment to be made – either in Batavia or at the Albion clinic.

From there, Alisankus will use standardized criteria to assess the patient’s level of gambling disorder, which could vary from mild to moderate to severe to persistent to episodic.

The program at GCASA is free to all those seeking help.

Additional support is available through the Western Problem Gambling Resource Center in Buffalo, which has a working relationship with GCASA.

Disclosure: Story by Mike Pettinella, GCASA publicist.

Law and Order: Alexander woman charged with menacing after road rage incident on Oak Street, Batavia

By Billie Owens

Lisa Marie Fox, 48, of Broadway Road, Alexander, is charged with third-degree menacing. Fox was arrested at 12:08 p.m. on Dec. 24 on Oak Street in Batavia following a road rage incident. It is alleged that she "displayed an object in a way to appear as to have a knife while engaged in a verbal dispute with another person." The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

James F. Perry, 34, of Central Avenue, Batavia, is charged with second-degree criminal contempt. Perry was arrested after a domestic incident. It is alleged that he damaged the front door to a female's apartment at 8:48 p.m. on Dec. 27 on State Street in Batavia "in full violation of an order of protection." Perry was located walking on Washington Avenue. He was released on an appearance ticket and is due in Batavia City Court on Jan. 14. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Miah Stevens.

Randy K. Wilmet, 43, of Bank Street, Batavia, is charged with unlawful  imprisonment. He was arrested at 9:46 p.m. Dec. 26 on Bank Street after allegedly preventing a person from leaving their residence. He was arraigned in Batavia City Court then released on his own recognizance. He is due back in city court on Jan. 16. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Christopher Lindsay.

Victor Trejo, 32, of East Main Street, Batavia, is charged with: driving while intoxicated; speed not reasonable and prudent; and DWI with a BAC of .18 percent or higher. At 3:07 a.m. on Dec. 19, Trejo was arrested following a property damage accident on Ellicott Street Road in Pavilion. He was given appearance tickets and is due in Pavilion Town Court on Jan. 14. The case was handled by Genesee County Sheriff's Deputy Jared Swimline, assisted by Deputy Jenna Ferrando.

Lillian A. Doll, 25, of Buffalo (no address provided), is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI -- first offense; and operating a motor vehicle with a suspended registration. Doll was arrested at 12:23 a.m. on Dec. 29 after an investigation on Alleghany Road in Pembroke after the vehicle she was driving ran out of fuel. She is issued an appearance ticket and is due in Pembroke Town Court on Jan. 16. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein.

Karen E. Scott, 51, of Thurston Road, Rochester, is charged with aggravated unlicensed operation in the first degree and speeding. At 2:48 a.m. on Dec. 29, Scott was allegedly observed driving in excess of the posted 30 mph speed limit on Main Street in Batavia. A traffic stop was conducted and it was determined that Scott possessed a revoked non-driver ID, with 10 or more scoffs on 10 or more dates. She was issued an appearance ticket and released on her own recognizance. She is due in Batavia City Court on Jan. 15. The case was handled by Batavia City Police Officer Wesley Rissinger, assisted by Officer Adam Tucker.

Shawn Philip Stevens, 42, of York Road, Le Roy, is charged with disobeying a mandate. At 2:53 a.m. on Dec. 23, Stevens was arrested after the investigation of a suspicious condition. He allegedly violated a court order of protection. He was issued an appearance ticket and is due in Elba Town Court on Jan. 22. The case was handled by Genesee County Sheriff's Deputy Jared Swimline, assisted by Deputy James Stack.

Thomas James Leonard, 36, of East Main Street, Batavia, is charged with: falsifying business records in the first degree; petit larceny; and sixth-degree conspiracy. He was arrested at 5:08 p.m on Dec. 30 following a larceny complaint at Walmart in Batavia. Leonard was processed at the Genesee County Jail and issued an appearance ticket and is due on Town of Batavia Court on Jan. 9. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Joshua Brabon. While being processed at the jail, Leonard allegedly introduced contraband at the facility. He is therefore also charged with promoting prison contraband in the second degree. He is due in Batavia City Court to answer that charged on Jan. 7. Deputies Krzemien and Brabon handled that case, too.

Michelle Lynne May, 45, of East Main Street, Batavia, is charged with sixth-degree conspiracy and petit larceny. On Dec. 30, following a larceny complaint at Walmart in Batavia, May was arrested at 4:57 p.m. She was issued an appearance ticket and is due in Town of Batavia Court on Jan. 9. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy Kyle Krzemien.

Bergen teen’s league bowling fundraiser benefits Arc’s GO TO Hub

By Billie Owens

Submitted photo and press release:

BERGEN -- Jillian Menzie (third from left top photo) accomplished quite a feat last year, raising more than $4,000 for Arc of Genesee Orleans with the support of her fellow bowlers. Her goal this year was to raise more.

She didn’t disappoint, turning in $5,077 in cash and an additional $845 in gifts and gift cards. She did this with the help of league bowler Megan Jarkiewicz, who was able to accompany her on many of her fundraising trips through 11 towns in three counties.  

Three other Rose Garden bowlers helped raise an additional $327.80 in the effort: Landon Kent ($102.80); John Gabalski ($125) and his brother Hugh Gabalski ($100), bringing the grand total raised in cash to $5,404.80!

“Counting all the gifts, Jillian led the effort to collect over $6,240.00 for the Arc of Genesee Orleans,” Arc Community Relations coordinator Sandy Konfederath said.  “The funds have been targeted to help with technology needs and art program for our new GO TO Hub center at 64 Walnut Street, Batavia."

Jillian’s family has been raising money for Arc of Genesee Orleans since Jillian’s father Jerry was a youth bowler, and Jillian’s grandmother, Ellen Menzie, ran the Rose Garden’s Youth bowling league and was a Bowl-A-Thon volunteer. Jillian logged 43 hours of volunteer time collecting donations this fall and winter, ensuring a strong finish, as she gets set to tackle the last semester of her senior year at Byron-Bergen.   

At BBCS, Jillian is the Student Council president, National Honor Society president, and is a member of band, elite choir (Singing Silhouettes) and is in this year’s school musical, “School House Rock.” She played Varsity soccer and is a member of Varsity Club, Spanish Club, Alliance for Equality Club, attends school board meetings and is the school mascot.

Outside of school, Jillian is involved in the “Young Life” youth group, has a 190 bowling average and holds down a part-time job at McDonald’s. She intends to pursue a career in teaching or nursing and plans to continue volunteering and helping people throughout her life.

“Megan and I have been working together for a few years on this fundraiser,” Jillian said. “My hope is that she’ll carry iton in the years to come."

Besides bowling, Megan, a sixth-grader at BBCS, also plays soccer and basketball. 

Jillian wishes to thank the league bowlers who participated and the community and businesses who generously supported the event!

North Road in Le Roy to be closed to all traffic Thursday and Friday

By Howard B. Owens

Press release:

Please be advised that North Road will be closed to traffic between Route 19 and Conlon Road on Thursday and Friday for the installation of a water transmission main across the roadway. The roadway will be COMPLETELY CLOSED TO ALL TRAFFIC -- including emergency vehicles. A detour will be posted during this time.

Judge issues restraining order on some aspects of new Farm Labor Bill

By Howard B. Owens

Press release:

A temporary restraining order (TRO) was issued by Federal Court Judge Lawrence J. Vilardo on Dec. 31 in U.S. District Court in Western New York. The TRO prohibits New York State from enforcing certain actions and imposing penalties upon farmers stemming from a new law scheduled to go into effect today.

It is important to note, the TRO does not impact the law or impact the wages of the vast majority of hourly employees working on New York farms and the payment of overtime, nor was it intended to.

The court action followed a lawsuit filed on Monday, Dec. 30 that would temporarily halt the implementation of the Farm Laborers Fair Labor Practices Act on Jan. 1. The suit was filed by the Northeast Dairy Producers Association (NEDPA) and the New York State Vegetable Growers Association (NYSVGA) on behalf of the organizations' member farmers across the state, seeking clarity and to ensure they are in compliance with the law’s requirements.

The TRO specifically restrains the state government from enforcing the Act where such actions would impact the status, compensation, and hours of supervisors, family members, shareholders, and administrative and professional employees. The TRO will be in effect for several weeks. If a mutually agreeable settlement is not reached, a preliminary injunction hearing will be held on Jan. 24.

Brian Reeves, president of the New York State Vegetable Growers Association, and owner of Reeves Farms in Baldwinsville (Onondaga County), said, “The ruling in favor of the TRO is an important first step for ensuring the Farm Laborers Fair Labor Practice Act is implemented fairly for all who work on farms in New York.

"We want to protect the rights of all who work on our farms and are so important to our success. We look forward to working with the Governor and the Legislature to correct the statute to better address the rights of all who work on our farms.”

Jon Greenwood, chair of the Northeast Dairy Producers Association and co-owner of Greenwood Dairy Farm in Canton (St. Lawrence County), said, “The narrow scope of the TRO ruling will allow us to continue to work with the state to improve language and definitions in the Act.

"Providing clarity to New York’s farms will help us protect our management teams while assuring family members and others employed on our farms are treated fairly. We look forward to working with the state and court to ensure that the interests of farmers, their families, and employees are represented in the new state law.”

Recovery WOW welcomes 2020 with gathering at First Presbyterian Church

By Mike Pettinella

kabel_and_claffey_1.jpg

Amy Kabel, a Certified Peer Recovery Advocate at Genesee/Orleans Council on Alcoholism and Substance Abuse, and boyfriend Thomas Claffey were among about 100 people who attended the Recovery WOW New Year's Eve party last night at the First Presbyterian Church Fellowship Hall in Batavia.

Participants brought in the new year with music, plenty of food, games and, of course, hats and noisemakers in an alcohol-free environment.

checking_in_2.jpg

Brandon Fogg, seated left, and Quinn Pritchard provide the hats as a young family checks in at the Recovery WOW event.

birthday_1.jpg

Sue Gagne, center, Recovery WOW coordinator, had much to celebrate -- a new year, new decade and her birthday. Here she receives a birthday cupcake from Cheryl Netter, a member of the group's advisory committee, as DJ Scott Davis looks on.

food_1.jpg

Volunteers George Netter, left, and Gary Brown kept the food choices coming as they worked in the kitchen.

Photos by Mike Pettinella, GCASA publicist.

Car accident reported in Pembroke over night

By Howard B. Owens

20200101_031329saccident.jpg

A reader submitted this photo of a car off the road and into a creek in Corfu, off of Main Road near Back Street, at about 3 a.m.

Pembroke and Indian Falls fire departments responded. 

The driver was reportedly not seriously hurt. No further information is available at this time.

Det. Sgt. Czora completes fulfilling career with Batavia City Police Department

By Mike Pettinella

czora_mooney_heubusch_1.jpg

robinson_and_czora_1.jpg

gang_pix_1.jpg

Retiring Det. Sgt. Kevin Czora said he had to continually pinch himself as he performed his day-to-day tasks as a member of the Batavia City Police Department.

“Every day for the last 20 years, when I would pull into the parking lot, I would still get those chills like ‘I can’t believe that I’m actually coming here right now to work.’ And I’m thankful that I never lost that feeling,” Czora said during brief comments earlier today at a retirement party at police headquarters on West Main Street.

Czora continued by encouraging his colleagues, many of whom were in attendance, with some simple advice:

“Take care of each other and take care of yourselves,” he said. “There’s a lot of stress and a lot of hard times that come with the job, so make sure you take care of each other and enjoy your job. Don’t let the negative attitudes get to you. Love what you do.”

A feeling of togetherness filled the second-floor meeting room where lunch and a special cake were provided.

An Amherst High School graduate, Czora completed a 20-year stint with the Batavia PD, with his last day today. He received a plaque from the department and a unique wooden flag from Steven Robinson, Genesee County emergency services dispatcher.

Police Chief Shawn Heubusch said as soon as he met Czora in 2012, he realized that he would be someone he could count on.

“Right away I knew that Kevin was going to be a go-to guy. He was very knowledgeable and did not have any qualms about trying to do new things, try different techniques, different tactics,” Heubusch said. “Kevin has always been kind of an innovator when it comes to that.

Heubusch said Kevin displayed a positive attitude, and noted that the “professionalism and integrity that he brings to the department is bar none. He’s beyond reproach.”

Czora came to Batavia after working with the Federal Reserve as a protections officer.

“When I started here, I didn’t even know how to get to Batavia from the Buffalo area and knew nothing about the community or the department, or even the county,” he said. “Over the years, it has grown into my second home. I have a lot of passion not for just this department but for the community itself.”

He worked his way up from a police officer on the afternoon shift and then to the midnight shift. In time, he earned the rank of sergeant and then detective sergeant.

While he didn’t want to share any particular moments on the job, he did mention that the “camaraderie and the family atmosphere that this department creates has been the most memorable part of it.”

“There have been a number of situations, but as now-retired Detective Rich Schauf mentioned at his retirement, for every memory that you have, there’s a victim on the other side of it, and that’s something that you have to keep in mind and respect. So, even though I have some personal memories, I’m going to keep them personal.”

Czora resides in Amherst with his wife, Lisa, a school teacher, and their sons, Andrew, 20, who is in the Marines, and Evan, 18, who will be enlisting in the Army in July.

He said he has no immediate future plans, but will “take a little time off to recoup from the career, take a mental break and (eventually) I’ll find something to keep my hands busy.”

Czora said he plans to continue playing ice hockey (he’s been a goalie for the past 45 years) and will find time to do some boating.

Heubusch announced that Sgt. Matt Lutey will move into the detective sergeant position, replacing Czora, effective Jan. 7.

The chief said that Sgt. Chris Camp, a 12-year employee, will move into the Assistant Chief post, replacing Todd Crossett, who has accepted a police officer position with the VA Medical Center in Batavia. Camp also will be in charge of the emergency response team, and Officer Mitch Cowen will be promoted to sergeant on Jan. 31.

Photos from top -- Kevin Czora, right, and Chief Shawn Heubusch enjoy a story from retired Batavia Police Officer Pat Mooney at today's retirement party for Czora; Steve Robinson presents Czora with a commemorative flag; Czora and his fellow officers gather for a group picture. Photos by Mike Pettinella.

A couple of days of vacation

By Howard B. Owens

Billie are taking the rest of the day and most of tomorrow off. We'll be out of town.

Happy New Year! And thank you for being part of The Batavian Community.

There will be some coverage posted while we're gone and we have people who can help us if anything comes up while we're gone.

But one thing that would help us in the future maintain coverage when we go away is your financial support.  Please click the "Support" button below and help us get to a position where we can hire more help.  Local news can't survive without reader support so we're asking for you to support The Batavian.

Batavia's defense of Lions' crown doesn't come easy

By Howard B. Owens
Video Sponsor
.pane-node-body img {background: none !important; border: 0 !important; margin: 0 !important; padding: unset !important; padding-left: 1px !important } broadstreet.zone(69076)

Attica gave Batavia a game in the large-school championship of the Pete Arras Lions Tournament at Genesee Community College.

A strategy of ball control -- often running the shot clock down to just seconds -- and a defense that kept the Batavia Blue Devils' high-powered offense from running away with the game meant the visitors had a chance up until their final possession.  

In the end, Batavia defended its crown, securing a 53-51 victory.

Camden White, who scored 21 points, many of them off his eight offensive rebounds (he had 11 total rebounds) was named the tournament MVP.

Zach Gilebarto, who missed the first game of the tournament due to an injury, scored 14 points, hitting four three-pointers. Stone Siverling scored 12 points.

For Attica, Frankie Bisceglie scored 15 points and Tyler Myer hit four three-pointers for 12 points. Ayden Goll scored eight points.

Producing a video of a basketball game is a lot of work. We would like to do more. Help us do more become a supporter today. Click the button below.

Elba beats Notre Dame for Lions championship

By Howard B. Owens

dsc_4372.jpg

The small-school championship game of the Pete Arras Lions Tournament came down to the final play as Elba beat Notre Dame 64-62.

Colton Dillion (top photo) was tournament MVP after scoring 22 points in the finale.

Collin O'Holloran scored 16 points. Caleb Scoten hit three three-point baskets for nine points.

For Notre Dame, Gabe Macdonald scored 19 points. Cody Henry and Colin McCulley scored 15 points each with McCulley hitting three three-point shots.

Photos by Philip Casper.

dsc_4475.jpg

dsc_4471.jpg

dsc_4439.jpg

dsc_4339.jpg

dsc_4350.jpg

dsc_4566.jpg

dsc_4720.jpg

dsc_4743.jpg

dsc_4759.jpg

Our five favorite videos of 2019

By Howard B. Owens

In the fall of 2018, I made the decision to take video seriously as an online-publishing medium and began working at learning how to make better videos and upgrading the equipment we needed to do it.

This year was our first full year of producing video at a serious pace. We published nearly 500 videos in 2019. Here are five favorites.

Video Sponsor
.pane-node-body img {background: none !important; border: 0 !important; margin: 0 !important; padding: unset !important; padding-left: 1px !important } broadstreet.zone(69076)

When David Bellavia asked me to travel to Washington, D.C., in June to attend a ceremony at the White House where he would receive the Medal of Honor, I was stunned by the invitation. This was the greatest honor of my journalism career.

I was the only working media from Genesee County on the guest list and was the only photojournalist present when Bellavia received a private tour of the Lincoln Memorial and the only photojournalist in the East Room after the ceremony. These are days I'll never forget. I think the video came out pretty well, too.

One morning in August, a friend told me about this event involving hot rods in Le Roy and since I was going to be in Le Roy anyway that I day, I decided to stop by. I had no idea what I was in for. For years, the Hardcore Happening has been one of the hidden jewels of Genesee County. It was fun to be there and it was fun to make this video.

"For the Loved and Loving: The Story of the Soldiers and Sailors Monument" was my first true effort at making a documentary. It was truly a labor of love and took months. To me, it's The Batavian's gift to the community, a document of a key part of local history.

I always enjoy meeting the members of the Batavia Muckdogs. They're often great guys but Milton Smith was something special. He's "Tony Gwynn nice" and was a joy to interview. I hope he has a long and successful career.

We published dozens of music videos in 2019. The performance at the Smokin' Eagle of Deep Blue playing "Born in Chicago" is one of the ones where everything worked -- clean audio and good visuals.

Thank you for your support of The Batavian in 2019 but there's one thing more you can do for us to help us bring you more news and more video. Become a supporter by clicking the button below.

Our most viewed videos of 2019

By Howard B. Owens
Video Sponsor
.pane-node-body img {background: none !important; border: 0 !important; margin: 0 !important; padding: unset !important; padding-left: 1px !important } broadstreet.zone(69076)
 

Click the links below to view the following other Top 10 videos of 2019:

This was a our first full year of producing video on a regular basis. In total, our videos received 185,293 views.

East Bethany girls donate 154 blankets to Wings Flights of Hope

By Howard B. Owens

luteyblanketdonatinos.jpg

Macey and Preslee Blecha of East Bethany collected a total of 154 blankets for Wings Flights of Hope.

The blankets will be used to comfort patients as they fly for medical treatments or appointments. Accepting the donation are Joe and Diane DeMarco, founders of Wings Flights of Hope.

Beth Parlato announces endorsement by VIEW PAC

By Howard B. Owens

Press release:

Beth Parlato, Republican candidate for Congress in NY-27, has received the endorsement of powerful Republican women’s group VIEW PAC following a successful meeting in Washington, D.C., earlier this month. In addition to a formal endorsement, Parlato has also received the maximum financial support allowed from VIEW PAC.

Julie Conway, an influential GOP operative and executive director of VIEW PAC, said “Beth Parlato is not only what the Republican Party needs – an outspoken woman on the right side of the issues, but also what voters want – a fresh-faced political outsider determined to do right by her constituents rather than build a political future for herself.

"In a district that voted overwhelmingly for President Trump, Beth’s unapologetically conservative message and life resume as a business owner and judge make her a clear favorite in this Primary and someone who will ensure that New York’s 27th District remains in Republican hands.”

Parlato, a first-time candidate for political office, was humbled by Conway’s words.

“VIEW PAC has done incredible work getting strong Republicans elected and I am honored that they have chosen to endorse me," Parlato said. "I won’t disappoint them just like I won’t disappoint the voters in my district.”

Beth adds this latest endorsement to her list of supporters, which include other conservative groups as well as beloved Hall of Fame Quarterback for the Buffalo Bills' Jim Kelly and more. Additional endorsements of Parlato’s candidacy are slated for the coming months.

UPDATED: Farmers file lawsuit to temporarily halt farm labor law to get clarity, ensure compliance

By Billie Owens

Press release:*

A coalition of New York State dairy and vegetable farms has filed a lawsuit in U.S. District Court in Western New York seeking a court order that would temporarily halt the implementation of the Farmworkers Fair Labor Practices Act on Jan.1. New York’s farmers and employees are seeking clarity to ensure they are in compliance with its requirements.

The group, which includes the Northeast Dairy Producers Association (NEDPA), the New York State Vegetable Growers Association (NYSVGA), and individual farmers across the state have been working with state officials for months, leading up to and following the legislature’s approval in June of a measure that was then signed into law by Governor Andrew Cuomo in July.

*(Update) In Genesee County, the coalition includes Torrey Farms, a dairy farm in Elba that's been in operation since 1803, and MTy Acres, which is represented on the Board of Directors of NYS veg growers.

Prior to filing the lawsuit today, representatives of NEDPA and the NYSVGA worked into the evening on Friday in an effort to seek a resolution that would bring clarity to the matter. In addition, they maintained open lines of communications and were willing to continue the dialogue throughout the weekend.

In fact, prior to being voted upon and signed, a statewide advocacy effort was conducted by concerned agricultural interests that repeatedly identified flaws within the legislation that needed to be addressed to avoid unintended consequences of the state action.

More specifically, the lawsuit outlines the challenges facing New York’s agriculture community, and identifies several key issues that require modification.

  • As currently written, the Act’s definition of “farm laborer” includes supervisors, farm owners and family members of farm owners. This places farms in a contradictory or “Catch 22” position. If supervisors, owners and family members are classified as farm laborers, they have the right to engage in collective bargaining with other employees. However, if supervisors, owners and family members are also agents of the farm business, they must not engage in conduct that would discourage union concerted activity, assist in the formation of a union, or otherwise violate the rights of farm laborers.
  • The Act also conflicts with Section 14(a) of the National Labor Relations Act (“NLRA”). The Act includes supervisors as part of the group of farm labors who may engage in concerted activities, but the NLRA expressly prohibits states from adopting such legislation, and so the law is preempted by federal law. 
  • Because the Act includes supervisors, owners, and family members for purposes of its hour restrictions and overtime pay requirements, farms must reclassify the way they engage these individuals, and this compounds the conflict as farmers endeavor to implement the law.
  • As a result, if a farm decides to classify its supervisors, owners and family members as farm laborers, it will result in a violation of the Act’s collective bargaining provisions. On the other hand, if a farm takes the position that supervisors, owners and family members are not farm laborers, the farm may be subjecting itself to criminal and civil penalties by violating their rights as farm laborers and by violating the hour restrictions and overtime pay requirements.

John Dickinson, Northeast Dairy Producers Association, and co-owner of Ideal Dairy in Hudson Falls (Washington County), said, “We greatly appreciate the efforts of our employees; they are invaluable to our success and we want to do what’s right for them. We have had productive interactions with state representatives and provided feedback on the lack of clarity this law provides, however we are asking for a pause to allow necessary changes to be made.

"The lack of guidance the dairy community is receiving is causing unnecessary stress on farms, agribusinesses, and families across the state. We have every intention of abiding with this law, but our farms and employees are struggling with implementation due to unclear and conflicting definitions as it is currently written.”

Brian Reeves, president of the New York State Vegetable Growers Association, and owner of Reeves Farms in Baldwinsville (Onondaga County), said,“We have been working for months in a constructive manner to bring clarity and fairness to a law that had significant problems due to ambiguity and unfairness to employees and farm families across New York.

"Today, we are simply seeking a temporary pause to the implementation of this law, to avoid harm to our farms and our employees, while the Governor and Legislature correct the ambiguities.”

Top Items on Batavia's List

Tourism Marketing Assistant Position The Genesee County Chamber of Commerce, serving as the official tourism promotion agency for Genesee County, NY is seeking an experienced marketing professional to assist in the overall Chamber tourism and marketing initiatives for Genesee County. https://visitgeneseeny.com/about/join-our-team
Tags: Jobs offered
Town of Batavia Court Department is seeking a part time as needed Court Officer. Court Officers are responsible for maintaining order in the court room and court facility during proceedings. Please send resume to Town of Batavia, Attention Hiedi Librock, 3833 West Main Street Road, Batavia, NY 14020. Complete job description is available on the Town web site or at the Town Hall Application deadline is April 15, 2024.
Tags: Jobs offered

Authentically Local