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Paolo Busti Cultural Foundation names eight candidates for 2019, scholarship dinner is June 12

By Billie Owens

Submitted photos and press release:

The Paolo Busti Cultural Foundation Annual Scholarship Dinner will be held at 6 p.m. on Wednesday, June 12th, at Terry Hills Restaurant in Batavia.

The Foundation welcomes eight candidates this year, seven from Genesee County schools and one from Wyoming County.

The family of Vincent Gautieri, also offers a scholarship for members of the Foundation, from Genesee County and outside the County.

Tickets for the scholarship dinner are available from Foundation board members, Ben's Appliances, and VJ Gautieri Constructors Inc., located at 45 Liberty St. in the City of Batavia.

Below are the 2019 Paolo Busti Cultural Foundation Scholarship candidates' photos and information.

Elizabeth Grace Cohen is presently attending Batavia Senior High School, and is the daughter of Richard Cohen and Jeanne Tehan Cohen.

Elizabeth is a member of the National Honor Society, and Tonawanda Valley Federal Credit Union Junior Banking.

In the fall, she will be attending SUNY Geneseo, majoring in Psychology, minoring in Special Education and Early Childhood Development. She has been recruited for the college track team.

Elizabeth has been on the honor roll all semesters for four consecutive years at Batavia High School.

She was awarded the Positive Referral Award for kindness to special needs students in 2018.

Elizabeth participated in BHS gymnastics 2013-2018. She received the Coaches Award in 2016. She participated in BHS indoor/ outdoor track 2013-2019, receiving the Most Improved Award 2015-1016. For 2016-2017 Elizabeth was awarded Athlete of the Year; for 2018-2019 she earned Most Valuable Athlete. She also participated in multiple team and individual events.

Elizabeth has volunteered for a variety of church events, the United Way's annual Make a Difference Day at local preschools, concession stands for sporting events, and fund-raising car washes.

Elizabeth says “values can be defined as one’s judgement of what is important in life,” and for her it’s her Italian American family.

Pierce Joseph Corbelli, son of Peter and Jennifer Corbelli, attends Batavia High School. Pierce plans on attending University of Buffalo to pursue a Mechanical Engineering degree.

Pierce has been a recipient of: BHS Blue Award; BHS Bronze Award; BHS Silver Award; Regents Chemistry Award for Outstanding Chemistry Grade; Rensselear Medal Award for four years; Merit Scholarship to RPI; and various Music Pins.

He participated in varsity ice hockey all four years of high school, was a “B” letter recipient, earned the Section V Division 3 Scholar Athlete Award, and participated in JV lacrosse, varsity lacrosse and Batavia Ramparts hockey.

Pierce’s musical talent consist of Batavia Marching Band, Jazz Ensemble, Barbershop vocal harmony singing, Brass Ensemble, All County Chorus, All County Jazz Ensemble, Vocal Solo Festival, Music Composition/Arrangement. Pierce also has participated in six school musicals.

Pierce’s community service includes Holland Land Office Museum Summer Program, and Try Hockey For Free Day at Falleti Ice Arena, which introduces the community to hockey.

Pierce’s believes that growing up in an Italian American Family, "you learn to value hard work and, above all, family."

Griffin Matthew Della Penna is attending Batavia High School. His parents are Matthew and Ellen Della Penna. He has been accepted at Canisius College in Buffalo, majoring in Journalism and Sports Broadcasting.

He is: the President of Student Government; President of National Honor Society; a member of Link Crew: Senior Leader to incoming Freshmen; Yearbook Senior Editor; and a member of Blue Zoo: Student Section Leader.

Griffin was awarded Scholar Athlete for three years, High Honor Roll all for four years, was Student of the Month, Homecoming Prince 2018 and King 2019, voted Most School Spirit, and Beauty and Brains in the BHS Senior Polls.

His athletic participation is baseball all for years, receiving Captain’s 1st Team Monroe County, Rotary Tournament MVP 2018, BHS football -- two years, basketball -- one year, and was Third Place in Mr. Batavian Competition his Senior Year.

Griffin belongs to Ascension Parish and works as a volunteer for many church events. Griffin has helped raise a considerable amount of money for the Michael Napoleone Memorial Foundation.

Griffin’s idea of Italian American is “it embodies having compassion for others and taking care of my community."

Addysen Di Matteo is the daughter of David and Ann Di Matteo. She currently attends Notre Dame High School.

She plans on attending Daemen College in Amherst to pursue a career in Physical Therapy.

She received the Religious Studies Highest Average Award in 2018, as well as Student of the Month.

Addysen has been involved in soccer and basketball as team captain, received the MVP and Rookie of the Year Award, as well as the Coach’s Award.

She is currently a teacher’s assistant in Religious Education classes.

From 2015 to present, she is involved in Special Olympics track and field.

Addysen is a volunteer in the Notre Dame High School Second Annual Dodge for a Cause, the proceeds from which are donated to Leukemia & Lymphoma Society.

She values her Italian American heritage and attributes it to her family’s history, and all they endured in order to give her a better life.

Hannah Gaultieri attends Notre Dame High School. Michael and Deborah Gaultieri are Hanna’s parents. She will be attending Binghamton University in the fall for Mechanical Engineering.

Hannah has been Class Treasurer for four years, a member of National Honor Society, the Secretary of the Honor Society, Envirothon, Year Book Club and Mission Club at Notre Dame.

Hannah’s awards are many: Scholar Athlete for four years; Perfect Attendance; First Place Oral Presentation for State Championship in Envirothon 2017; Top 10 overall for State Championship in Envirothon; National Football Foundation Gold Scholar Athlete Award 2018; and RIT Computing Medal Award 2108.

Hannah participated in cheerleading, captain for four years, winter cheerleading, cross-country, outdoor track, indoor track. Receiving the Scholar Athlete award all four years. She acted and was dance choreographer for the school musical for three years.

Volunteering at Our Lady of Mercy for Fish Fries on Friday during Lent, Vacation Bible School, Special Olympics, fusion dance teacher assistant, participated in Living Station of the Cross and Shadow Stations during Lent and decorated Our Lady of Mercy Church for Christmas.

Hannah believes “the history of our ancestors creates a guideline for us to live by.”

Spencer Dominic Misiti is the son of Vincent and Margie Misiti. He currently attends Notre Dame High School.

He plans to attend Canisius College to study Marketing and Finance.

Spencer has been a Scholar-Athlete throughout high school in football, basketball and baseball.

He was awarded the Elmira College Key Award for Academic Excellence. He also received the Notre Dame High School Faculty and Staff Award for academic and character excellence.

Spencer volunteers at St. Joseph School officiating games and keeping the scoreboard. He has also helped officiate youth flag football games.

He has stated the history of his Italian family is significant to him by being raised to follow Catholic values and to always put family first.

Anna Marie O’Geen is the daughter of Donald and Deborah O’Geen. She is currently attending Warsaw High School in Wyoming County.

She plans to attend Mercyhurst University in Erie, Pa., where she will major in Intelligence Studies and minor in Cybersecurity.

She was awarded Student of the Month for Genesee Valley BOCES in 2018. She has been a High Honor Roll student her entire school career.

Anna Marie has been involved in soccer, volleyball, basketball, softball and band. She also volunteers as youth basketball and softball coach, Perry Rotary Club, and St. Michael Church.

She attributes her love and appreciation of being an Italian American to her large family and the precious traditions they continue to pass down to her.

Jadan Torcello is the daughter of Jacob and Danielle Torcello. She attends Batavia High School.

She plans on attending University of Buffalo, majoring in Political Science and to pursue a law degree.

She is a member of the National Honor Society as well as the National Art Society.

Jadan is President of the Model United Nations. She is involved in Genesee County Youth Court. In 2019, she received the Youth Recognition Award.

Jadan is senior captain of the varsity tennis team and also participated in track and field, Z-Club (Zonta Club) activities, elementary school activities, Genesee County Nursing Home and The Salvation Army.

She believes being surrounded by her Italian American family has taught her inherent core principles in life.

Supply seems to be meeting demand keeping gas prices stable

By Howard B. Owens

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.83, down 2 cents from last week. One year ago, the price was $2.97. The New York State average is $2.95 – no change from last week. A year ago, the NYS average was $3.10. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia - $2.86 (up 2 cents since last week)
  • Buffalo - $2.89 (no change since last week)
  • Ithaca - $2.87 (no change since last week)
  • Rochester - $2.88 (down 1 cent since last week)
  • Rome - $2.88 (down 1 cent since last week)
  • Syracuse - $2.85 (down 1 cent since last week)
  • Watertown - $2.96 (no change since last week)

Gas prices have declined, on average, by at least a nickel, for the majority of the country since the beginning of May — and that’s a trend motorists can expect to continue into early June.

Stable crude oil prices are helping to push prices down at the pump, despite tight domestic gasoline supply and robust demand. A bump in demand could push prices higher, but hopefully only by a few cents.

To keep gas prices decreasing and/or stable, stocks will need to continue to build.

Calling hours tomorrow for Kathy Owen, who died Thursday

By Howard B. Owens

Calling hours for Kathy Owen will be tomorrow from 4 to 7 p.m. at J. Leonard McAndrew Funeral Home, 2 Bogue Ave., Batavia.

Owen, 73, an active participant in the Batavia community throughout her life, died Thursday and is survived by her brother Jim Owen.

A 1963 graduate of Batavia High School, she was active over the past 55 years in maintaining the close-knit relationship of her classmates. She was also a graduate of Alfred State College.

A photographer, animal and nature lover, Owen was an avid fan of the Buffalo Bills and Batavia Muckdogs. Her most recent job was at Attica Bus Service and for many years she worked at the dental office of L.L. Mulcahy Jr., DDS.

Click here for her full obituary.

Take a trip back in time with the music of Old Hippies at HLOM June 6

By Billie Owens

Press release:

On Thursday, June 6th, the Holland Land Office Museum is proud to present the Old Hippies.

At 7 p.m., Bill and Kay MacDonald and their accompanying local musicians will put on an acoustic rock show featuring hits from the golden years of the 1950s, '60s, and '70s, as well as, many original songs and other favorites mixed in.

The local favorites have played all over Western New York and Florida during the winter. Let the nostalgia flow as their classic vocal harmonies take you back in time for those who remember. And for those who did not, experience the era through the music with a little more realism than you have experienced before.

Tickets for the concert are $5; and $4 for museum members.

RSVPs can be made with the museum by calling at 585-343- 4727 or by email at hollandlandoffice@gmail.com

Law and Order: Miller Avenue man accused of violating order of protection jailed without bail

By Billie Owens

Zachary V.D. Seeley, 22, of Miller Avenue, Batavia, is charged with first-degree criminal contempt. It is alleged that at 9:12 p.m. on May 25 that Seeley was in violation of an order of protection. He was arrested, arraigned in Batavia City Court and jailed without bail. The case was handled by Batavia Police Officer Christopher Lindsay.

Angela Louise Flowers, 48, of Watson Street, Batavia, is charged with first-degree criminal contempt and second-degree harassment. At 6:15 p.m. on May 26, Flowers allegedly pushed another person, who had an order of protection against her. She was arrested, arraigned in Batavia City Court and released under the supervision of Genesee Justice. She is due back in court today (May 28). The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Stephen Quider.

A 17-year-old male was arrested for third-degree criminal mischief after an incident at 6:20 p.m. on Hewitt Place in Batavia in which he allegedly damaged a city police car. He was arraigned in Batavia City Court and jailed in lieu of $1,000 cash bail or bond. He is to return to court at a later date. The case was handled by Batavia Police Offcer Stephen Quider, assisted by Det. Eric Hill.

Frank James Falcone, 33, of Batavia Bethany Townline Road, Bethany, is charged with: driving while intoxicated; failure to dim headlights; operating an unregistered motor vehicle; refusal to take a breath test; and open container in a motor vehicle. Falcone was arrested at 2:28 a.m. on May 26 on Lewiston Road in Batavia. After his arraignment, he was released on his own recognizance and is due in Batavia Town Court on June 24. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Austin Heberlein.

Jamie L. Edenholm, 32, of Gabbey Road, Corfu, is charged with: driving while ability impaired by drugs; criminal possession of a controlled substance; unlicensed operator; and following too closely. At 1:06 p.m. on May 25, after the investigation of a property damage accident on Main Street in Batavia, Edenholm was arrested on these charges. The defendant was issued an appearance ticket and is due in Batavia City Court to answer the charges on June 5. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Kevin DeFelice.

Robert James Patnode, 50, of Bishop Street, Warsaw, is charged with driving while intoxicated; DWI with a BAC of .08 percent or higher, and moving from lane unsafely. Patnode was arrested at 7:54 p.m. on May 26 on Route 238 in Darien. He was issued an appearance ticket for June 20 in Darien Town Court. The case was handled by Genesee County Sheriff's Sgt. Jason Saile, assisted by Sgt. Andrew Hale.

Jordan Scott Thomas, 20, of Elm Street, Batavia, is charged with petit larceny. At 3:59 p.m. on May 25, Thomas was arrested after allegedly stealing merchandise from Kohl's department store on Veterans Memorial Drive at 12:12 p.m. on May 21. Thomas was released on an appearance ticket for June 3 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy David Moore.

Quinn M. Pritchard, 28, of East Main Street, Batavia, is charged with petit larceny. Pritchard was arrested after a shoplifting complaint at the Dollar General on East Main Street in Batavia at 12:23 p.m. on May 24. The defendant was released with an appearance ticket for June 4 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post.

Shane Zimblis, 48, of South Swan Street, Batavia was arrested on May 27 on a bench warrant. Zimblis was located at his residence after police arrived for an unrelated complaint. He was arraigned in Batavia City Court and jailed in lieu of $15,000 cash bail or $30,000 bond. Zimblis is due back in court today (May 28). The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Jason Ivison.

Two people injured in accident Sunday on Galloway Road, Batavia

By Howard B. Owens

A 29-year-old driver from Batavia is accused of failing to stop for a stop sign on Galloway Road leading to a two-car accident that sent two people, including a child, to the hospital at 12:31 p.m., Sunday.

Valerie Covill, of West Main Street Road, was cited by Deputy Kevin McCarthy, who investigated the accident. 

Covill was reportedly westbound on Galloway Road in a 2016 Hyundai sedan when she allegedly failed to stop for a stop sign at Slusser Road.

The Hyundai struck at 2015 Toyota sedan driven by Kyle A. Olmstead, 32, of Byron Holly Road, Byron.

Olmstead wasn't injured but his passenger, 41-year-old Jessica Alexyn, was transported to UMMC by ambulance for a complaint of stomach pain.

One of Covill's passengers, Brenden Delmastro, age 2, was also taken to UMMC for evaluation. 

Another passenger in Covill's car, 5-year-old Caleb Delmastro, was not injured.

Local unemployment in April dips below 4 percent for the first time since at least 1992

By Howard B. Owens

Genesee County's unemployment rate dropped by 7/10ths of a percent in April 2019 compared to April 2018, according to the state's Department of Labor.

The 3.6 percent rate is lowest of any April since at least 1992 (as far as published data goes back). During that span, the April rate has never dropped below 4 percent.

The total Genesee County labor force (people who have jobs or are seeking jobs) is reported at 29,400, up from 29,200 the year prior.

The highest April unemployment rates for Genesee County since 1992 were in 2010 and 2012 at 7.9 percent when the labor force was 31,800 and 31,700, respectively. 

A total of 28,300 people in the county are employed, up from 28,000 a year ago.

The state's unemployment rate is 3.6 percent, down from 4 percent a year ago, and the nation's rate is 3.3 percent, down from 3.7 percent a year ago.

Photos: Batman at Foxprowl

By Howard B. Owens

Batman doesn't smile. He doesn't smile when posing with Bill and Joy Hume. He doesn't smile when he has a new book out. He doesn't smile while making a public appearance on a Saturday at Foxprowl Collectables.

In this case, Batman is cosplay specialist, public speaker, and author William Lorenz Jr., of Buffalo, and his new book is "The Ballad of Buffalo's Best Batman."

Six arrests made at Chris Young concert at Darien Lake

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Chris Young concert at Darien Lake Performing Arts Center on Friday:

Danielle M. Molisani, 19, of Black Street Road, Caledonia, is charged with false personation after allegedly providing a false name while being ejected from the concert venue.

David M. Filion, 22, of Redlein Drive, Lancaster, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Michelle S. Scheib, 41, of Fulton Street, Buffalo, s charged with harassment, 2nd, after allegedly punching a security guard in the head.

Donald D. Mikowski, 21, of Wabash Avenue, Cheektowaga, is charged with harassment, 2nd, after allegedly pushing and hitting a security guard inside the venue.

Anthony R. Mason, 30, of Marsdale Road, Buffalo, is charged with DWI and driving with a BAC over .08 percent after allegedly being found operating a motor vehicle while intoxicated.

Eric J. Rejman, 33, of Maishoss Street, Cheektowaga, is charged with DWI, driving with a BAC over .08 percent and refusing to submit to prescreen device after allegedly being found operating a motor vehicle in an intoxicated condition in the parking lot.

Girl Scouts from Alexander and Havenwood residents donate handmade stuffed animals to first responders

By Howard B. Owens

 

Submitted photo and information.

Girl Scouts from Alexander troops 42031 and 42103 along with residents of Havenwood Apartments made 150 stuffed animals over the past few months for first responders to give to children whose families are experiencing stressful difficulties.

The idea began with Marilyn, a resident of Havenwood who passed away but had told the Erin Saile, service coordinator at Havenwood, that she used to make stuff animals in Florida for first responders there. Saile is the wife of Sgt. Jason Saile, Sheriff's Office, so she immediately thought it would be a good project to undertake locally. 

Saile contacted Meghan Ripstein, a Girl Scout leader in Alexander, to enlist Girl Scouts into the effort. Several donations from the community also helped make the project possible.

On Friday, the stuff animals were presented to the Sheriff's Office, City fire, and Batavia PD.

Previously:

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Video: Memorial Day Parade in Batavia

By Howard B. Owens
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Video: Memorial Day in Batavia

By Howard B. Owens
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Memorial Day ceremonies in Batavia.

House fire reported on Telephone Road, Alexander

By Howard B. Owens

A car fire has apparently started a house fire at 3625 Telephone Road, Alexander.

Alexander fire dispatched along with Town of Batavia.

UPDATE 10:58 p.m.: The structure is NOT on fire. An ATV was on fire. It was moved away from the house. Town of Batavia can stand down.

Video: Companion Retriever Hunting Challenge at Godfrey's Pond

By Howard B. Owens
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Jim Beverly, a hunting retriever trainer from Oakfield, hosted his second annual Companion Retriever Hunting Challenge at Godfrey's Pond in Byron on Saturday. The challenge is primarily for retrieving-trained dogs who are more often pets than hunting companions.

Western OTB informs comptroller an audit would be welcome

By Howard B. Owens

An audit by the state comptroller is more than welcome, officials with Western OTB, operator of Batavia Downs, said this week.

The board of directors unanimously passed a resolution pledging transparency in its business dealings and Henry Wojtaszek, president and CEO of Western OTB, sent a letter to Thomas DiNapoli inviting an audit.

"Over the past several weeks, some media reports have focused on our finances and promotional operations," Wojtaszek wrote. "In order to continue to meet our high standards of transparency and compliance, I would like to inform you we welcome an additional audit of the corporation's finances by your staff and of course will follow any recommendations we can to improve moving forward."

The moves come as a result of reports, based on information from anonymous sources, that Western OTB is the target of an FBI investigation into allegations that "politically wired" companies have received preferential treatment in contracts with the corporation. 

It's a charge officials with Western OTB deny.

A source on the board characterized the news reports as based on "rumors."

In his letter, Wojtaszek noted that Western OTB has generated more than $231 million in revenues for the 15 counties in its region and that prior comptroller audits have not revealed any financial impropriators or irregularities.

"(That) is something we are very proud of," Wojtaszek wrote.

Court strikes down state law barring farm workers from organizing, could impact farm labor bill

By Howard B. Owens

Farmworkers have the right to form unions and collectively bargain for wages and working conditions, a New York appellate court ruled this week in a decision that also denied the respondent in the case an opportunity for a hearing on the topic.

The ruling drew a swift rebuke from the respondent, the New York Farm Bureau. The Farm Bureau issued the following statement:

“We are extremely disappointed in the majority’s decision and the breadth of its ruling. The Appellate Court was considering the trial court’s decision on a motion to dismiss, which, if denied would have permitted Farm Bureau to fully litigate this case in the trial court.

"Instead, the majority of the court decided to make a far-reaching determination by declaring the right to collectively bargain as a “fundamental right,” on par with the freedoms of speech and religion. We believe that the majority’s conclusion is unsupportable and disregards decades of precedent.

"The court’s dissenting opinion exposed the flaws in the majority’s ruling and identified that the decision eliminates Farm Bureau’s right to defend the constitutionality of the statute in a trial court. 

"Speaking more broadly, if the legislature, and now the courts do not recognize the value of preserving a viable and economically sustainable food production system in the state, New York agriculture will continue to shrink under a mountain of mandates.

"Our rural economy and local job opportunities will suffer. And New Yorkers will find it harder to access New York grown food, instead, relying on food brought in from out of state, or worse yet, out of the country to feed their families. New York Farm Bureau fully intends to appeal the court’s ill-conceived ruling.”

Assemblyman Steve Hawley also criticized the ruling.

“The New York state Appellate Court got this wrong. I’m deeply disappointed, both in the substance of the ruling and in the judicial overreach which prevents the New York Farm Bureau from appropriately litigating this case in trial court. Make no mistake, if the Court of Appeals doesn’t overturn this decision, it will mark the end of family farms in New York state, wiping out hundreds of thousands of jobs, billions of dollars in economic impact and generations of time-honored tradition older than New York state itself. It’s imperative that the New York Farm Bureau’s appeal is successful,” said Hawley.

The issue is also part of a contentious dispute in the state Legislature over proposed changes in state labor law that, if passed as currently written, would give farmworkers the right to organize and also institute for farmworkers an eight-hour workday, and a 40-hour work week. These provisions, farmers, and farmworkers say would devastate the state's agriculture industry.

The ruling potentially takes away a bargaining chip from opponents of the bill by granting the bill sponsors one of the changes in law they are seeking.

State Senator Rob Ortt, the ranking minority party member of the Agriculture Committee was also unhappy with the ruling.

“After today’s ruling, the last thing we need to do is pass the Farmworkers Fair Labor Act, which goes far beyond today’s ruling, and adds even more regulations on the backs of those responsible for growing our food.”

The ruling, of course, was applauded by those who support labor unions for farmworkers.

“The court’s ruling today was unequivocal that denying farmworkers basic labor rights is flat-out unconstitutional, and farmworkers, like other workers, have the right to organize,” Donna Lieberman, executive director of NYCLU told the New York Law Journal. “The workers on whom we depend for the food on our tables have the right to be treated humanely and with dignity, like any other hardworking New Yorker.”

The Cuomo administration has recently openly supported the move to allow farmworkers to collectively bargain and Attorney General Letitia James said she supported the decision.

The state did not defend itself from the lawsuit filed three years ago by former farmworker Crispin Hernandez, leaving it to the Farm Bureau to represent farmers' interests.

The lawsuit challenged the State Labor Relations Act, passed in 1937, that granted broad rights for workers to organize but specifically excluded farmworkers.

Critics of the exclusion claim the exclusion has its roots in Jim Crow practices (not, at the time, unknown in New York, though generally thought of as practices in the early 20th century in the Deep South) that discriminated against blacks. That history factored into the plaintiff's arguments.

The case was heard by the Supreme Court, Appellate Division, Third Judicial Department.  The majority opinion as written by Justice Christine M. Clark.

The plaintiff's attorneys argued that the 1937 act denied their client equal protection under the law and infringed on a fundamental right to organize and collectively bargain and also violated New York's Constitution. A provision passed at a constitutional convention in 1938 afforded employees the right to organize.

Clark found that constitutional meaning of "employee" included farmworkers.

Indeed, there is nothing in the language of the constitutional provision to support the suggestion that the drafters intended for the term "employees" to be narrowed or limited in any way. Accordingly, when the term "employees" is given its natural and ordinary meaning, we think it clear that the constitutional right to organize and collectively bargain extends to individuals employed as farm laborers

In his lone dissent, Justice  Stan L. Pritzker noted that the constitutional convention was held a year after the labor act was passed so the framers certainly had a very clear understanding of the law as written and did not intend to include farmworkers in the constitutional provision allowing employees to organize.

He also did not include the right to organize in his list of fundamental rights even though the right to assembly (and by extension, according to prior Supreme Court cases, the right to free association) is part of the Bill of Rights. 

From his dissent:

Fundamental rights are those deeply rooted in this Nation's history and tradition. They include the right to marry; the right to have children; the right to decide how one's children will be educated; and the right to engage in private consensual sexual activity."

Fundamental rights also include the right to vote, the right to travel, the right of free speech and the right of a criminal defendant to appeal. One need only imagine and compare laws that would prevent farm laborers from exercising freedom of speech, voting, traveling, marrying, raising children or appealing criminal convictions to recognize the distinction and understand why a fundamental constitutional right is not implicated here.

Further, the inclusion of the right to organize and bargain collectively in the New York Bill of Rights does not, per se, confer upon it fundamental constitutional right status (citations omitted).

The dispute over whether the right to organize is a fundamental right is important because if it's a fundamental right, it would carry more weight than the 1937 law as passed by the Legislature.

The Farm Bureau will be able to appeal the ruling to the state's Court of Appeals.

Top Items on Batavia's List

City of Batavia, New York (Pop. 15,600) seeks an experienced professional to join the management team in the capacity of Assistant City Manager/ Director of Administrative Services. Salary: $98,642-$119,642 DOQ. Reporting to the City Manager, the Assistant City Manager/ (ACM) will oversee the functions of Assessment, City Clerk/Treasurer, and IT. This position assists in the implementation of the City’s strategic plan; annual operating budget and capital improvement program; will participate in labor negotiations; and present information to the public, advisory committees and commission, City Council, and outside agencies. In addition, as the ACM, this individual shall assist multiple committees as well as serve as a liaison to various major projects and neighborhood groups. Must have the ability to exercise considerable independent judgment in planning, implementing, overseeing, and reviewing major projects; and the ability to develop and recommend policies and projects. MINIMUM QUALIFICATIONS: Graduation from high school or possession of an appropriate equivalency diploma recognized by the New York State Department of Education, AND EITHER: A. Graduation from a regionally accredited or NYS Registered College with a Master's Degree in Public Administration, Business Administration, or a closely related field and two (2) years of full-time paid experience in a responsible governmental administrative position; OR: B. Graduation from a regionally accredited or NYS Registered College with a Bachelor's Degree in Public Administration, Business Administration, or a closely related field and four (4) years of full-time paid experience in a responsible governmental administrative position; OR: C. Graduation from a regionally accredited or NYS Registered College with an Associate's Degree in Public Administration, Business Administration, or a closely related field and four (6) years of full-time paid experience in a responsible governmental administrative position; OR: D. Eight (8) years full-time paid experience in the private sector, non-profit, and/or government management sector with progressively more responsibility. OR: E. Satisfactory equivalent combination of the foregoing training and experience. To be considered, submit your cover letter, resume, and contact information, including email addresses for five work-related references to Gabrielle Kolo, Human Resources Director, One Batavia City Centre, Batavia, New York 14020 or gkolo@batavianewyork.com. First review of candidates to begin 7/3/25. Background check, personality assessment, and drug testing required. City residency is required within one year of appointment. EEO A full description and list of duties can be found at www.batavianewyork.com under the Human Resources tab.
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