Agreement between The State of New York and The Public Employees Federation, AFL-CIO

Transcription

1 Agreement between The State of New York and The Public Employees Federation, AFL-CIO Disclaimer This presentation is intended to serve as a guide only. When in doubt, refer to the contract. I am not a lawyer and this is not legal advice. 1

2 Conventions Used Bolded articles are referenced in the PEF.org contract survey. Numbers in [brackets] reference contract pages. Summaries and comments in (parentheses) represent my thoughts only. Contract Contents Bill of Rights 49 articles 6 appendices approx. 67 memoranda and side letters Side Letters are not subject to Article 34 (Grievance), but they do: set forth certain understandings confirm mutually accepted definitions and clarifications 2

3 Why can t we negotiate retirement benefits? NY Civil Service Law Article 14 Public Employees Fair Employment Act ( Taylor Law ) The term "terms and conditions of employment" means salaries, wages, hours and other terms and conditions of employment provided, however, that such term shall not include any benefits provided by or to be provided by a public retirement system, or payments to a fund or insurer to provide an income for retirees, or payment to retirees or their beneficiaries. No such retirement benefits shall be negotiated pursuant to this article, and any benefits so negotiated shall be void. Overview of Articles [2 86] 3

4 # Title Summary 1 Recognition Recognizes PEF as representative for PS&T 2 Statement of Policy and Purpose Continue harmonious and cooperative relationship 3 Unchallenged Representation Reinforces Civil Service Law Employee Organization Rights PEF rights regarding administration of the union 5 Management Rights State retains other rights not expressly stated 6 No Strikes PEF shall not engage in a strike 7 Compensation Salary increases, promotions, performance awards 8 Travel Per diem rates and other travel concerns, relocation 9 Health Insurance NYSHIP, Empire Plan, HMO, Dental, and Vision 10 Employee Assistance Program / Work-Life Services Sets amounts for EAP funding ($426,000; $434,520) 11 Accidental Death Benefit $50,000 over WC, and children s SUNY tuition 12 Attendance and Leave Holidays, vacation credits, scheduling, sick leave # Title Summary 13 Workers Compensation Benefit Benefits in addition to Workers Comp Law 14 Professional Development and Quality of Working Life Coordinating Committee Oversees Articles 15, 18, 22, 24 (funded $500K/yr) 15 Professional Development Committee Funds PSTP, WSR, LM Training, WFI grants, etc. 16 Staffing Family death reschedules exam, Probation leave 17 Out-of-Title Work Process for grievances of out-of-title work 18 Health and Safety Establishes and funds joint H&S committee 19 Parking (Fees are inappendix II p 95-96) RequiresState to meet and confer withpef 20 Review of Personal History Folder Specifies only one PHF, allows review of PHF 21 Deficit Reduction Leave/ Workforce Reduction Limitation DRL paid back; starts 4/1/2015 over 39 pay periods 22 Protection of Employees No loss of employment due to contracting out 23 Layoffs in Non-Competitive Class Layoffs within title on basis of seniority; CSL applies 24 Labor/Management Committee Process GOER/PEF level, Agency level, Facility level 4

5 # Title Summary 25 Seniority Definition; applies to vacation, shift, pass day, OT 26 Institution Teachers School calendar, pay, holidays, leave 27 Reimbursement for Property Damage Incurred in the actual performance of work ($350) 28 Distribution of Directives, Bulletins, or Instructions Copies supplied to the local PEF designee 29 Emergency First Aid Injured or ill employees should be given first aid 30 Verification of Doctor s Statement State-required medical evaluations (EHS) 20 days 31 Standby On-Call Rosters G22 and below; equitably rotated; pay rate 32 Workweek and Workday Defines normal work schedules, allows alternatives 33 Discipline Defines employee rights and process 34 Grievance and Arbitration Procedure Defines grievance, requirements, process 35 Resignation Due to alleged misconduct or incompetency 36 No Discrimination Affirms Public Employees Fair Employment Act # Title Summary 37 Indemnification No civil action against OASAS/DOCCS(MHL 19.14) 38 Overtime Meal Allowances 3 hrs OT $6.00 OT meal allowance 39 Clinical Privileging and Credentialing Cannot conflict with this Agreement 40 Credit Union Space Continues existing occupancy by credit unions 41 Payroll Computed on a 10-day basis, delivery of checks 42 Family Benefits Program / Work-Life Services Dependent Care (DCAA) funding 43 Printing of Agreement State prints Agreement, cost shared equally w/pef 44 Joint Committee on Nursing & Institutional Issues Establishes committee. No funding stated. 45 Benefits Guaranteed Matters not covered by Agreement 46 Conclusion of Collective Negotiations Settles negotiations for the term of the Agreement 47 Severability Issues with one part of Agreement don t void whole 48 Approval of the Legislature Legislative body needs to approve certain things 49 Duration of Agreement April 2, 2011 through April 1,

6 Summary Main area of concern Articles Compensation and Travel 7, 8, 31 Attendance and Leave 12, 13, 30 Workday/Workweek Alternate Work Schedules 25, 32 Health Benefits 9 Defense of Work (Discipline & Discharge) 17, 21, 22, 33, 35 Training and Education Health and Safety 13, 15, 18 Source: Workshops held at 2014 PEF Convention 6

7 Compensation & Travel Article 7 Compensation [7] Salary Increases ( Across-the-board 0,0,0,2%) [7] Promotions (Calculation of increases; 2 grades guaranteed 4.5%) [8] Performance advances (steps seven steps defined on pg126) [9] Performance awards (five, ten years at top of grade) [10] Recall, Inconvenience (night shift), and Location Pay (downstate) [11] Holiday Pay [12] Lag Payroll [12] Overtime Compensation (USL doesn t count as time worked) [12] Hazardous Duty Pay 7

8 Compensation Appendices & Side Letters [88] Appendix I Salary Schedules [90] Seasonal Employees [106] Performance Awards October Payment Date [107] Over 40 Comp Time Pilot (deferred OT pay) [108] Salary Computation for Movement from Non-Statutory Positions [119] OFPC Uniform Allowance [120] Firearms Training and Safety Incentive Pilot [125] Performance Evaluations and Advances (defines number of steps) Compensation Side Letters (continued) [128] Performance Awards Temporary Drop Below Job Rate [146] State Fire Instructors [150] Continuation of Performance Awards [170] Special Assignment to Duty (SAD) Pay Pilot Program (DOT Hazard Pay Lite) 8

9 Article 8 Travel [13] Per Diem Meal and Lodging Expenses [14] Mileage Allowance (follows IRS, Federal rates) [14] Triborough Bridge Tolls (for those working on Ward s Island) [14] Extended Travel ($30 for weekend travel > 300 miles from home) [14] Relocation Expenses (State Finance Law 202, 204) [14] Use of Personal Vehicles (if transporting clients, + $0.07/mi) Travel Side Letters & Other Relevant Docs [110] Travel in Proximity of Official Station or Home [138] State Travel Card Program [139] Meal Allowances for Non-Overnight Travel in NYS [143] Centralized Travel [152] Pre-Tax Transportation Program (NYS-Ride) Comptroller s Travel Rules, 2 NY Code of Rules and Regs, Part 8 Office of the State Comptroller Travel Manual Agency Travel Manuals 9

10 Article 31 Standby On-Call Rosters [130] Standby On-Call Rosters Side Letter Attendance & Leave 10

11 Attendance & Leave Vacation (Annual) [35] Vacation Credit Accumulation (40 day maximum) [35] Additional Vacation Credit (longevity bonus for 20+ years service) [36] Vacation Scheduling (generally, by seniority see also pg 58) [36] Vacation Use (use in 0.25 hrincrements, answer w/in 5 days) [144] 7 Day Vacations (desirable to allow one consecutive week/yr) Attendance & Leave Other Sick Leave 13 days per year Personal Leave 5 days per year Holidays 12 holidays including up to 2 floating holidays per year Professional Leave 3 days per year, 1 exam per year Sick Leave at Half Pay Eligibility: 1 Pay Period per 6 months service VRWS Productivity Enhancement Program (PEP) 11

12 Article 9 Health Insurance Defines NYSHIP coverage requirements, Empire Plan, HMO option [32] Includes information about Dental and Vision plans More Information 12