Spring 2011
Dear Fellow Horsemen:
We recognize the
uneasiness and uncertainty that contract negotiations can cause for all
of us. We trust that you realize that engaging in serious and meaningful
negotiations is both our obligation to you, as well as a necessary
function if we, the producers of the racing product, are to receive the
full benefit of our individual labors and investments.
We're happy to report
that our difficult negotiations have been productive. When negotiations
started, management sought to impose in-meet stall rent, no winter
training then an increase in winter stall rent, a transfer of an
additional $100,000.00 from overnight purse money for the Zweig, a
reduction in the percentage of VLT money that goes to purses, agreement
by the HHA of CNY to conduct its annual elections earlier in the year,
all wrapped up in a one year contract.
As a result
of our efforts, amidst criticism of our goals and work on your behalf,
we are pleased to report that a two (2) year contract with management
has been executed. This agreement ensures all of the safeguards,
protections and economic benefits that we have previously enjoyed,
training during the winter, a minimum ninety (90) dates of racing per
year, no in-meet stall rent, no increase in winter stall rent, no
further erosion from the overnight purse account, our current VLT
percentage remaining unchanged and the HHA of CNY agreeing to conduct
elections earlier than has been traditionally done.
We would be remiss if we
did not thank the NYSR&WB’s counsel, Rick Goodell, Esq., who mediated
the dispute, for his time and professionalism.
Good luck during the
meet, and don't hesitate to contact one of us for any reason whatsoever.
As we have demonstrated over the years despite some trying times, our
goal has always been, and will continue to be, to put the interests of
you and competitive racing at Vernon Downs first. The HHA of CNY is YOUR
association. Your suggestions and comments are much appreciated by your
Board.
Best
of racing luck,
Board
of Directors
Harness Horse Assn. of CNY
WORKER'S COMPENSATION UPDATE FROM
EMPIRE STATE HARNESS
HORSEMEN'S ALLIANCE 10-21-10
TO: Louann Ciccone, NYS Assembly Program & Counsel
CC: Hon. Susan John, Chair, Labor Committee
Hon. Gary Pretlow, Chair, Racing & Wagering Committee
FROM : Joe Faraldo, Standardbred Owners Association of
NY 718-544-6800
Rick Papa, Harness Horse Association of Central NY
315-829-3872
Alan Schwartz, Monticello Harness Horsemen’s Association
845-791-7747
Barry Segal, Saratoga Harness Horseperson’s Association
518-775-0975
Bruce Tubin, Western NY Harness Horsemen’s Association
585-345-9846
DATE: October 20, 2010
RE: Workers Comp Board rules harness driver is
“independent contractor” – confirms harness
horsemen’s position on need to clarify definitions in
workers comp law
We wanted to make sure you had seen a copy of the
attached decision by the New York State Workers
Compensation Board on 10/15/2010 reversing an earlier
2009 ruling by a Workers Compensation Law
Judge and confirming the position of New York’s harness
horsemen that harness drivers and other industry
participants are, in fact, independent contractors and
not “employees” under workers comp laws. The
attached 10/15/2010 decision in the case of an injured
harness driver confirmed that he was not an
employee of either the horse’s trainer or the track at
which the injury occurred (in this case, Yonkers
Raceway) for workers compensation purposes, and
specifically found that “the claimant was an
independent contractor.”
As you know, the Empire State Harness Horsemen’s
Alliance has long argued that the Workers Comp law
needs to be clarified in the face of inconsistent
opinions, decisions and enforcement when it comes to the
harness industry. In light of this new opinion, we are
hopeful that the Legislature and the Workers Comp
Board might now consider moving forward on such an
initiative, as detailed in Bill #A10309/S7072:
“Excludes from the definition of ‘employee’ such
services rendered by a harness race driver, only a groom
or caretaker of a temporary designated trainer of a
harness race horse, a shipper or transporter of a harness
race horse, a farrier of a harness race horse, or a
veterinarian to a harness race horse.”
We would look forward to meeting with you and the
Workers Comp Board again – as a follow up to our
original meeting last June –to discuss possible next
steps in light of this new information. We have
attached with this memo a copy of the 10/15 Workers Comp
Board decision for your review, as well as the
the Alliance’s support memo for A10309/S7072, and we
thank you for your consideration. As always,
please don’t hesitate to contact any of our member horsemen’s
organizations with any questions.
*******************************************************************************************************************************************************
May 4, 2010
Dear Fellow Horsemen:
The season has barely started, yet already
track management has distributed a memo that unfortunately takes several
factually unsupported shots at the HHA of CNY and shares only half of
the facts with you and your fellow horsemen. Here are the actual
facts of the Capital OTB situation that management chose not to share
with you:
Capital Region OTB does, in fact, owe Vernon
Downs and its horsemen (you) some $310,000 dollars. It will pay that
amount. However, part of the deal was for them to pay only
$300,000 and allow Capital to keep $10,000 to promote Vernon races –
which is something it should be doing anyway, since we, like Saratoga,
are defined as one of Capital Region’s “in-region tracks. That
said, the HHA of CNY had no problem with the promotion part. What we had
trouble with was the condition that track management sought to impose
upon it. The track wanted to amend our contract to allow management to
use our half of the remaining $300,000 of purse money – money WE
have earned – to be used to make THEIR improvements in the backstretch.
Those improvements are the obligation of Management, the same Management
that tore down barns last year, and not the obligation of the horsemen.
Your association made sure that our money went where it belonged; in our
purse account, not to cover the track owner’s own clear
responsibilities.
Why do we take this position? One of many
reasons is the track operator gets money allocated to it to make capital
improvements to among other things the backstretch. Go to the Racing
Board website and check out the NYSR&WB archived meeting agendas, which
show that the track has been the beneficiary of such funds in the past.
Also, it must be noted that track management told us not so long ago
that some of our paddocks had to be taken down, as they were in
violation of the Department of Environmental Conservation’s regulations.
Many of us lost those paddocks. Now, when we are asked to pay for
Management’s responsibilities in the backstretch, suddenly there are no
impediments to anything being done. Of course not; so long as it is
with our purse money!
Just as important, what is notably absent
from the memo circulated by Mr. Settlemoir is the fact that track
Management was given a counter proposal: We said we would consider
contributing to what is clearly Management’s capital improvement
obligation, so long as they agreed to restore the barn area to a large
CAFO, rather than limit the stalls here to under 500. We felt that was a
need that better suited our members, who were being asked to pay for the
improvement. The track refused to consider this reasonable offer, which
would have made more stalls available to all.
Finally, in spite of a contractual provision
requiring Management to refrain from interfering with the election of
the association, which has fairly looked out for your interests, the
language in this recent memo makes is clear that these letters are
purely designed to create and foster animosity towards the Board
members. Management has acknowledged that our Board elections, held
under the auspices of a Certified Public Accounting firm, are conducted
the same as in other associations. Yet they continue to make comments
about wanting to “see the ballots.” Show Management the ballots of
the horsemen’s election? Management would just love to see how it could
leverage you by seeing if and how you voted. You should know that we
refused all manner of Management’s requests regarding these ballots, no
matter how they were disguised. Elections in this country are secret
and it’s not hard to see why.
In conclusion, if you’re still wondering why
that dollar bill is still in your purse account versus Management’s side
of the ledger, it’s because you don’t race at a track with a management-
selected and controlled horsemen’s association. We will simply not
allow management to shift the track’s responsibilities to your shoulders
or take an exorbitant interest rate from horsemen because they overpay
purses to feed a stakes program. We will continue to tell you the
truth, and the WHOLE truth, and will continue to fight for your
interests.
Sincerely,
Board of Directors
Harness Horse Association of Central New York
Article from the New York Times
July 9, 2009
Drug Tests of Harness Horses Lagging in New York
By BILL FINLEY
Although New York racing regulators have recently tightened the
rules regarding the use of performance-enhancing drugs in racehorses,
the state is not testing harness horses for anabolic steroids or
conducting regular testing in the harness
industry for an illegal concoction known as a milkshake.
This comes even though horse owners began paying a $10 fee, imposed
in early May, for each thoroughbred and harness horse that runs in New
York.
The failure to provide thorough drug testing in harness racing
appears to be one of a number of problems with the state’s equine
drug-testing program. The program is conducted at the College
of Veterinary Medicine at Cornell University and is, according to
the college’s dean, Dr. Michael I. Kotlikoff, underfinanced.
“Why aren’t we testing for more drugs?” Kotlikoff said.
“The fundamental answer is that the state, through the New York
State Racing and Wagering Board, has not provided sufficient funds.”
The state pays Cornell $4 million annually to conduct its
drug-testing program, a sum that Kotlikoff said is about $1.3 million
less than what it needs. The $10 fee is intended to raise about $1
million annually.
The shortfall has left horse owners discouraged.
“I was told they were testing for steroids and that they were
testing everywhere for the milkshakes,” said Kim Crawford, director
of the United
States Trotting Association, who is also a trainer and driver at
Saratoga Raceway. “The state is getting the $10 per horse from us
and that amounts to a lot of money. Now, we find out they’re not
doing the testing they’re supposed to be doing.”
Racing Board officials disagree with Kotlikoff’s assertion that
the state is not providing Cornell with enough money and insist that
much of the problem has to do with the university’s decision to
raise its fees for administrative costs. Traditionally, Cornell kept
12.3 percent of the money it received from the state for costs not
directly tied to drug testing. It recently raised that to 18 percent.
“State funding for equine drug testing at Cornell has increased
significantly over the past five years,” the Racing Board spokesman
Joe Mahoney said. “Cornell, in that time, has managed to boost the
percentage it keeps from that allotment. Cornell has been granted a
monopoly on this work, and we’re endeavoring to find an alternative
arrangement.”
But Kotlikoff said that Cornell is using that money to recoup costs
incurred by the drug-testing program in the past several years.
“They have come up with additional revenue with the $10 charge,
but it is not dedicated to steroid testing,” Kotlikoff said. “It
was to cover the overall program and to wipe out the existing
deficit.”
Despite the apparent financial crunch, Racing Board officials said
that the $10 fee will eventually wipe out Cornell’s deficit and that
increased testing will eventually be enacted.
“We are optimistic that the testing of harness horses will start
soon,” Mahoney said.
Kotlikoff said the situation might get worse. He said the building
that houses the drug-testing program is in such a state of disrepair
that the university may have no choice but to close it and end the
testing program. Should that happen, he said, the state could be
forced to have its testing done outside New York at a higher cost.
“The racing industry has said it will not recognize graded stakes
at tracks where the testing is done by labs that have not achieved
certain standards,” Kotlikoff said. “Because of that, Kentucky is
farming out drug testing to Florida at a cost that is roughly three
times more than the state pays to Cornell for an individual drug
test.”
According to Scot Waterman, the executive director of the Racing
Medication and Testing Consortium, the cost for an individual drug
test in New York, which is $55, is below the industry average.
One reason for the tests is to detect the use of a milkshake.
Cornell tests for the byproducts of a milkshake — a combination of
baking soda and other substances that delays the onset of lactic acid,
which makes a horse tired — on a random basis at the state’s
harness tracks. It is conducting tests at no more than three of the
state’s seven harness tracks.
Although testing in harness racing has been hurt the most by the
cash shortfall, the problem could have extended to thoroughbreds had
it not been for machinery purchased by the New York Thoroughbred
Horsemen’s Association for $500,000.
“Absent that contribution from the horsemen, we would not be
testing for steroids in the thoroughbreds, either,” Kotlikoff said.
July 10, 2009
NOTICE: USTA MEDICAL INSURANCE
EXCLUDES NEW YORK & NEW JERSEY
From SOAofNY
An article published June 17, 2009 by the
USTA states that they are now offering Health Insurance Benefits to
harness racing participant members seeking reasonable and enhanced
health insurance coverage.
Please be aware that while we attempted to
investigate the plans offered, and finally learned that such plans are
not available in New York or New Jersey, our inquiry stopped there.
WARNING
We
have received information from the Harness Racing Communication's people
that local horsemen hauling horse/livestock trailers are being pulled
over by State Police for major safety infractions totaling up to $
3300!! These infractions consist of violations regarding:
To
ensure that your trailer meets federal and state safety regulations, has
proper license and documentation, or to obtain a DOT number, please
visit http://www.fmcsa.dot.gov.
To read power points on what to do if stopped by the police or any other
safety or regulatory information please visit Education Materials.
Your ten bucks for Drug testing.
Where has it gone?
The SOA of NY has learned that the $10 being taken from the horsemen's
share of earned purse money is being used for the NYSR&WB purposes and not
as we were led to believe for the purposes of enhanced drug testing.
The total available from these funds is projected to be in excess of 1
million dollars from all NYS tracks and was promised as an extra effort to
secure a level playing field. To say we are more than disappointed is an
understatement.
Headlines | Posted 4/16/2009, 6:50 pm <javascript:PrintThisPage();>
javascript:PrintThisPage();
New York enacts testing fee
By David Grening
As a result of recent legislation, New York state rules mandate that,
effective May 7, owners pay a $10 entry fee to run a horse at any track in
the state. The revenue will support the New York State Racing and Wagering
Board's drug-testing program.
"We see this as the fairest way to raise the funds it requires to enhance
our expanded integrity initiatives," said Joe Mahoney, spokesman for the
racing board. "As of the beginning of this year, new rules went into effect
greatly restricting the use of steroids in racing in New York. Our drug
testing lab at Cornell University is equipped to detect hundreds of
different substances.
"Given the profound economic difficulties facing this state and nation, we
were not at all inclined to seek this revenue from New York taxpayers,"
Mahoney added. "This nominal entry fee is a far better alternative.''
Rick Violette, president of the New York Thoroughbred Horseman's
Association, said horsemen on the New York Racing Association circuit have
already donated $500,000 for enhanced drug testing in the state. Violette
said this new rule will cost NYRA owners $220,000.
"We've been ahead of the curve without any prodding," Violette said.
"We've
led the industry to have state-of-the-art testing for steroids. We thought
this was a bit piling on and wish it hadn't passed. It's penny-wise and
pound-foolish."
$10 STARTING FEE
One of the many new fees and taxes mandated
as a result of new legislation in New York State is a $10 entry fee to
race a horse at any track in the state. The revenue raised by this
new fee will be used to support the Racing & Wagering Board's new
Drug Testing Program. The rule goes into effect on May 7, 2009.
There is an approach being discussed which
this Association is very much in favor as we feel it will greatly
simplify what could be mass confusion. The idea is to deduct the
fee from purse checks earned. Therefore, instead of having to
continually pay $ 10.00 every time you enter a horse, the fee will be
deducted from earnings. For owners whose horse does not earn a
check, the fee will be deducted from future earnings.
Any owner with an outstanding balance at
the end of the month will be billed by the track. The track will
remit the total owed for all starters each month, and will have the
responsibility to collect the outstanding balance. This plan, or a
similar variation, must of course, be approved by the New York State
Racing and Wagering Board.
We will keep you updated as the information
comes in.
CONCERNING ALL OWNERS, TRAINERS AND
VETERINARIANS
Chairman Executive Director
John
D. Sabini Ronald G. Ochrym Members Secretary to
the Board Daniel
D. Hogan Gail Pronti John B. Simoni 1 Broadway Center, Suite 600,
Schenectady, NY 12305-2553 Telephone (518) 395-5400 FAX: (518) 347-1250 http://www.racing.state.ny.us
STATE OF NEW YORK
RACING AND
WAGERING BOARD July
27, 2009
Dear Industry Participant,
The New York State Racing and Wagering Board is seeking comments
concerning a treatment record rule concept that would require that a
reasonably contemporaneous record of treatment travel with a racehorse
and be available on demand by a Board official.
The following text would be added to the existing Board rules titled
"Records of Veterinarian" (4012.4 [thoroughbred] and 4120.9
[harness]):
Every owner and trainer of a horse, on the grounds or that has within
the prior 60 days entered to race at a race track, shall continuously
have available, for immediate inspection by any official of the board
who requests it, the horse’s veterinary record, which must include a
contemporaneous record, for every administration of a drug, medication,
or other substance to the horse within 45 days before its race, of the
substance administered, dosage, manner of administration, person who
administered it, and the date, time, and place of administration.
The failure of any owner or trainer to provide this record, or a true
and complete copy of it, when requested by an official of the board, or
of any veterinarian to have provided the record to the owner and
trainer, may result in a scratch, disqualification, and/or listing as
ineligible of a horse and in penalties against the owner, trainer,
and/or veterinarian including a fine and suspension or revocation of the
occupational license.
Please provide any comments no
later than August 14, 2009 by
email to jgoogas@racing.state.ny.us or by mail to John Googas, New York
State Racing and Wagering Board, One Broadway Center, Schenectady, NY
12305.
Very Truly Yours,
Gail Pronti,
Secretary to the Board
Interesting and Informational article: