Details of the Tentative Agreement dated December 21, 2017 Between CSEA, Erie County & its Joint Employers (ECMC, ECC & Libraries) TERM Six (6) Years 1/1/17 thru 12/31/22 Five (5) Year Extension ECMC Sub Agreement (App. E) 1/1/18 thru 12/31/22 WAGES 2017 (does not include employees of ECMCC) Effective 1/1/17 $0.24 per hour across the board (fully retroactive) Effective 12/31/17 $1.01 per hour across the board (fully retroactive) 2018 (includes all bargaining unit employees) Effective 1/1/18 Two Percent (2.00%) across the board (fully retroactive) 2019 (includes all bargaining unit employees) Effective 1/1/19 Two and one-quarter percent (2.25%) across the board 2020 (includes all bargaining unit employees) Effective 1/1/20 Two and one-half percent (2.50%) across the board 2021 (includes all bargaining unit employees) Effective 1/1/21 Two and one-half percent (2.50%) across the board 2022 (includes all bargaining unit employees) Effective 1/1/22 Two and one-half percent (2.50%) across the board HEALTH INSURANCE PREMIUM CONTRIBUTION (active employment) Pre 8/7/14 Erie County Employees (does not include ECMCC Employees) (Section 25.3) Such Employees contribute the following fixed dollar amounts to the Value Plan: Upon Ratification and Legislative Approval through December 31, 2018 Family Plan $141.66 per month (contribution made on a pre-tax basis) Single Plan $ 50.00 per month (contribution made on a pre-tax basis) January 1, 2019 through December 31, 2019 Family Plan $175.00 per month (contribution made on a pre-tax basis) Single Plan $ 66.67 per month (contribution made on a pre-tax basis) January 1, 2020 through December 31, 2020 Family Plan $208.33 per month (contribution made on a pre-tax basis) Single Plan $ 83.33 per month (contribution made on a pre-tax basis) January 1, 2021 through December 31, 2021 Family Plan $241.67 per month (contribution made on a pre-tax basis) Single Plan $100.00 per month (contribution made on a pre-tax basis) January 1, 2022 through December 31, 2022 Family Plan $275.00 per month (contribution made on a pre-tax basis) Single Plan $116.67 per month (contribution made on a pre-tax basis) 1
Post 8/7/14 Erie County Employees (does not include ECMCC Employees) (Section 25.3) Post 8/7/14 Employees will continue to contribute fifteen percent (15%) of the Value Plan premium, however the following contractual caps on such fifteen percent (15%) premium contributions were achieved: Family Plan $500.00 per month Single Plan $208.33 per month ECMCC Employees hired prior to February 22, 2013 (Appendix E) Upon ratification and legislative approval, Pre 2/22/13 ECMCC employees will be moved to the Value Plan as their base plan, and they shall be responsible for a fifteen percent (15%) premium contribution for such plan. However, this fifteen percent (15%) premium contribution shall be reduced by fifty percent (50%) of the cost difference between the Core POS 203 Plan and the Value POS 204. ECMCC Employees hired on or after February 22, 2013 (Appendix E) No change to contractual benefits. RETIREE HEALTH INSURANCE CONTRIBUTION Pre 8/7/14 Erie County Employees (does not include ECMCC Employees) (Section 25.5) Retiree health insurance remains fully paid for those Pre 8/7/14 employees who retire with at least fifteen (15) years of service prior to December 31, 2019. For those Pre 8/7/14 employees who retire with at least fifteen (15) years of service on or after January 1, 2020 shall be responsible for a health insurance premium contribution of five percent (5%) in retirement. The Employer shall continue to contribute ninety-five percent (95%) of such premium. Post 8/7/14 Erie County Employees (does not include ECMCC Employees) (Section 25.5) No change to the contract ECMCC Employees hired prior to February 22, 2013 (Appendix E) No change to the contract until January 1, 2020. Those Pre 2/22/13 ECMCC employees who retire on or after January 1, 2020 will be moved to the Value Plan as their base plan, and they shall be responsible for a fifteen percent (15%) premium contribution for such plan. However, this fifteen percent (15%) premium contribution shall be reduced by fifty percent (50%) of the cost difference between the Core POS 203 Plan and the Value POS 204. ECMCC Employees hired on or after February 22, 2013 (Appendix E) No change to the contract. SHIFT DIFFERENTIAL This modification applies to all FT & RPT employees regardless of employer (Section 13.7) Increase the current $0.85 per hour shift differential to the following: Afternoon Shift $1.20 per hour Midnight Shift $1.50 per hour FLEXIBLE TIME SCHEDULING - ECMCC This modification only applies to FT & RPT employees of ECMC (Section 13.8) Modify the current contract language to delete the current core hour requirement for ECMCC employees, so as to allow for flexible scheduling arrangements between Department Heads and employees on all shifts at ECMCC. 2
VACATION SELL BACK This modification applies to all FT & RPT employees regardless of employer (Section 15.11) Increase the current amount of vacation hours that employees are eligible to sell back per year from forty (40) to sixty (60), and allow employees to sell back vacation time each year in as little as one (1) hour blocks rather than requiring employees to make an all or nothing decision. OVERTIME DISTRIBUTION ECMCC This modification only applies to FT & RPT employees of ECMC (Section 13.8) ECMCC employees will now follow an overtime wheel rather than a quarterly equalization system for the distribution of overtime. When an employee is skipped because of the negligence of management, they shall now be paid for the overtime missed on the shift that they were skipped for. SICK LEAVE MAXIMUM BONUS This modification applies to all FT & RPT employees regardless of employer (Section 17.10) Increase the bonus for employees who reach the maximum 1800 hour accumulation from three hundred dollars ($300) to six hundred dollars ($600), and increase the bonus for employees who maintain the maximum from two hundred dollars ($200) to four hundred dollars ($400). PERSONAL LEAVE This modification applies to all FT & RPT employees regardless of employer (Section 18.3) Decrease the minimum utilization for Personal leave from one (1) hour to as little as thirty (30) minute increments. BEREAVEMENT LEAVE This modification applies to all FT & RPT employees regardless of employer (Section 19.2) Add step-sibling and step-child as covered members of the immediate family. Delete reference to five (5) consecutive days, and replace with four (4) consecutive working days (Regular days off no longer count against the bereavement benefit). Add language that allows the affected employee to choose the start of bereavement leave at the date of death or the date of the memorial service. CIVIL SERVICE EXAMINATION This modification applies to all FT & RPT employees regardless of employer (Section 21.5) The Employer will now waive any fees associated with promotional civil service examinations. MATERNITY LEAVE This modification applies to all FT & RPT employees regardless of employer (Section 22.2) Add language that closes the current contractual loophole for those employees who do not have paid leave or an FMLA entitlement at the time of their pregnancy. Currently, those employees do not receive employer provided health insurance. The new contract provision provides that those employees will always be provided with health insurance regardless of their paid leave or FMLA entitlement during Maternity leave. DENTAL INSURANCE This modification applies to all FT & RPT employees regardless of employer (Section 25.2) 3
Establish a joint labor/management committee to pursue modifications and potential enhancements to the current Dental Insurance plan. HIGH DEDUCTIBLE BRONZE HEALTH INSURANCE PLAN This modification applies to all FT & RPT employees regardless of employer (Section 25.3) The Bronze (POS 8200) High Deductible Health Insurance Plan which has been an available option for employees of ECC, will now be an available option for all employees in the bargaining unit. Employees who choose the Bronze (POS 8200) High Deductible Plan will not be required to contribute to the premium costs of the plan, regardless of their date of hire. SICK LEAVE AT RETIREMENT This modification applies to all FT & RPT employees regardless of employer (Section 25.6) For those Erie County employees hired prior to 8/7/14 and those ECMCC Employees hired prior to 2/23/13 the following modifications: 800 hours = $2,000 $3,000 1200 hours = $3,000 $5,000 1800 hours = $5,000 $7,000 For those Erie County employees hired after 8/7/14 and those ECMCC Employees hired after 2/23/13, the following modifications: Fifty percent (50%) of the monetary value of the sick leave on the books at time of retirement placed into a Health Reimbursement Account. PROMOTIONS This modification applies to all FT & RPT employees regardless of employer (Section 27.1) Promotions within the CSEA bargaining unit shall now be step to step. Promotions from outside the CSEA bargaining unit (cross bargaining unit) shall remain unchanged under the contract. PERSONNEL FILES This modification applies to all FT & RPT employees regardless of employer (Section 35.4) Oral Warnings and Written Warnings shall now be removed from the personnel file after eighteen (18) months rather than thirty-six (36) months under the current contract, however such eighteen (18) month warnings shall only be appealable through the second (2 nd ) step of the grievance procedure. Additionally, Counseling Memoranda shall now be removed from the Personnel file after eighteen (18) months, instead of remaining in the file forever under the current contractual language. REGULAR PART TIME EMPLOYEES This modification applies to all RPT employees regardless of employer (Section 35.4) Regular Part-time employees shall now receive seventy-five percent (75%) of the leave accruals that a full-time employee receives, rather than the current fifty percent (50%) of leave accruals an Regular Part-time employee currently receives under the contract. STANDBY PAY This modification applies to all FT & RPT County employees with the exception of ECMCC (Section 39.2) 4
Increased the current weekly standby pay stipend from thirty five dollars ($35.00) per week to sixty dollars ($60.00) per week. FULL TIME/PART TIME EMPLOYEE RATIO Establish a new Section 39.12 which limits the number of new part-time (less than 19 hour per week positions) that the employer can create. This limitation stipulates that new part-time positions cannot represent more than ten percent (10%) of the total number of Full Time and Regular Part time positions. REPORTING TIME ECMCC EMPLOYEES This modification only applies to FT & RPT employees of ECMC (Appendix E) Modify the Reporting Time section of Appendix E to require a one (1) hour reporting time for an unscheduled absence for those employees that do not require replacement. For those employees that do require replacement, the reporting time requirement shall be two (2) hours. PRECEPTOR PAY DIFFERENTIAL ECMCC This modification only applies to FT & RPT employees of ECMC (Appendix E) In addition to the base pay, any clinical employee at ECMCC who is assigned by management to be a preceptor shall receive payment of one dollar twenty-five cent ($1.25) per hour for all time that such clinical employee is performing preceptor duties, provided the assignment is for at least one (1) hour. TIME AND ATTENDANCE POLICY ECMCC This modification only applies to FT & RPT employees of ECMC (Policy HR-008(b)) The current ECMC Time and Attendance Policy is modified to recognize a no-call, no-show of more than thirty (30) minutes into the shift as an unscheduled & unauthorized absence which will be grounds for progressive discipline. Additionally, sick leave occurrences that are accompanied by a medical certificate, even if such absence is of a non-fmla qualifying nature, will no longer be counted against an employee as an occurrence in the Time and Attendance program. All FMLA qualifying occurrences will continue not to be counted against an employee in the Time and Attendance program. DRESS CODE ECMCC This modification only applies to FT & RPT employees of ECMC (Policy HR-016) The current ECMC Dress Code Policy is modified to include Hooded Sweatshirts ( Hoodies ) as Inappropriate Attire. REASONABLE SUSPICION DRUG TESTING POLICY - ECMCC This modification only applies to FT & RPT employees of ECMC (Policy HR-030) The current Reasonable Suspicion Drug and Alcohol Testing Policy (Policy HR-030) will apply to CSEA represented employees at ECMCC. This policy is already on the books, but it was unclear as to whether it was ever negotiated with CSEA. For clarity purposes, it was agreed that CSEA represented employees at ECMCC are subject to this existing policy. TIME AND ATTENDANCE POLICY ERIE COUNTY EMPLOYEES This modification applies to all County employees except employees of ECMCC (New Policy) The parties agreed to standardize a County wide Time and Attendance Policy. The Policy is attached to this document. 5
PART TIME EMPLOYEES These modifications apply only to Part-time (less than 19 hours per week) Erie County Employees (Does not cover any part-time Employees at ECMCC): Part-time employees shall receive the same contractual wage increases as Full-time employees. Requirement that part-time employee schedules be posted at least seven (7) days in advance. Requirement that a part-time employee s shift of four (4) hours or more be provided a fifteen (15) minute paid break. Requirement that a part-time employee s shift of six (6) hours be provided with a thirty (30) minute unpaid lunch period. Six (6) hours of paid leave time provided to all part-time employees on Christmas Day. One (1) day of paid Bereavement Leave for part-time employees on date of funeral/memorial service if regular work day. Paid Jury Duty leave for part-time employees if day is regularly scheduled workday. Part time employees will now be eligible for Increments every two years, rather than be frozen at step 0 as they had been in the past. Part-time employees fully covered under the Grievance and Arbitration Procedure. New Hires - Following a One (1) year initial probationary period, Part Time employees will be fully covered under the Discipline and Discharge procedures under the contract. 6
I. Policy Purpose Erie County Time and Attendance Policy The purpose of this Time and Attendance policy is to provide employees with ample notice regarding (1) what type of absence is excused versus unexcused, (2) what is considered unacceptable levels of unexcused absences, (3) how discipline will progress based on the number of unexcused absence occurrences in given time frames, and (4) inform employees of negotiated benefits for those employees who avoid the use of sick leave. Additionally, this policy provides employees with ample notice regarding (1) the definition of tardiness, (2) the prohibition on habitual tardiness, and (3) how disciplinary action will progress based on the frequency of tardiness in given time frames. II. Reporting Time Whether excused or unexcused, employees are required to notify their department before the start of their scheduled shift in accordance with Section 17.5 of the collective bargaining agreement if they are going to be absent, or if they know they will be reporting late. III. Excused Absence Defined An excused absence is one that is not considered an occurrence for the purposes of applying progressive disciplinary action for excessive absenteeism. Excused absences shall include the following and shall not be counted as occurrences in applying discipline under this policy: 1. Pre-approved paid time off. 2. Approved leave of absence. 3. Approved absence with pay for any contractual benefit time. (ex. Bereavement, jury duty, military service, union business, criminal assault, emergency closings, etc.). 4. Absence caused by a certified work-related illness or injury as defined by the NYS Worker s Compensation Law and Board, and to which the NYS Worker s Compensation Board has allowed benefits for the employee. 5. Absences which are covered by the Family Medical Leave Act (FMLA). 6. Absence in which an employee is sent home or banned from working as a result of infection control such as, but not limited to instances which have been contracted at work such a pink eye, scabies, chicken pox, etc. 7. Absence in which an employee provides the Employer with a medical certificate, verifying the illness or injury which caused their absence. IV. Unexcused Absences It is recognized that unexcused absences will occur, and are not in and of themselves grounds for disciplinary action. However this policy is designed to define and prohibit the excessive or habitual occurrence of unexcused absences, and the progressive penalties for continued excessive or habitual occurrence of unexcused absences. 1. In applying the penalties set forth below, it is understood that every employee is allowed two (2) occurrences (occurrences being either one day or a set of consecutive days) of unexcused absence 7
per rolling calendar quarter, or eight (8) occurrences of unexcused absence per rolling calendar year without penalty, unless the employee has already received a written warning for violation of this policy. Any use of these two (2) occurrences per rolling quarter, or eight (8) occurrences per rolling year, shall not be counted as an absence for the purpose of moving to any level of discipline. 2. After three (3) occurrences of unexcused absence in a rolling quarter, or nine (9) occurrences of unexcused absence in a rolling year, an employee s supervisor will counsel said employee. No record of this counseling will be placed in the employee s personnel file, but may be maintained in the supervisor s anecdotal file. 3. After four (4) occurrences of unexcused absence in a rolling quarter, or ten (10) occurrences of unexcused absence in a rolling year, an employee will receive a verbal warning for excessive absenteeism. The verbal warning shall be acknowledged in the employee s Personnel file. 4. After five (5) occurrences of unexcused absence in a rolling quarter, or eleven (11) occurrences in a rolling year, A copy of said warning will be placed in the employee s personnel file and remain active for a twelve (12) month period, from the date of the last occurrence. This twelve (12) month period for Time and Attendance does not modify the length of time the written warning remains in the employee s personnel file per contract. 5. Once an employee has received a written warning as set forth in paragraph 4 above, the next occurrence of unscheduled absence in the twelve month period, from the date of the last absence, will result in a one (1) day suspension without pay. The day of call in will be considered the day of suspension if no accruals have been paid. 6. An employee, who has received a suspension without pay pursuant to paragraph 5 above, and has two (2) more occurrences of unscheduled absence in the next twelve (12) month period will be suspended pending administrative review of the employee s complete attendance file. If after the administrative review has been completed, the Employer determines termination is warranted, the employee may be terminated. 7. Twice in any calendar year, an employee who reports to work, makes an effort to work, and fulfills fifty percent (50%) of his/her shift, but is unable to complete the full shift as assigned for reasons of illness will not have that partial shift counted as an occurrence of unscheduled leave in applying items 1-6 above. 8. It is further understood that none of the aforementioned steps may be skipped and the failure of a supervisor to take action as set forth will advance the days, which trigger any particular level of action. The Employer will use an automated system for calculations of absence and tardiness, which will be reviewed by management. 9. Finally, an employee will be offered union representation at each step of the procedure outlined above, and any disputes arising from this procedure shall be subject to the contractual grievance procedure. V. Excessive Tardiness It is recognized that from time to time an employee may be late for work, and such sporadic and nonhabitual tardiness is not grounds for disciplinary action. However, this policy is designed to define and prohibit excessive or habitual tardiness, and the progressive penalties for continued excessive or habitual tardiness. An employee will be considered tardy when he or she arrives for work after the employee s regularly scheduled starting time. The following procedure will be utilized in cases of employee tardiness: 1. An employee who is tardy for a period of five (5) minutes or less will not be considered tardy, and will not lose pay for such time provided that they work the equivalent amount of time at the end of their scheduled shift. 8
2. An employee who is tardy more than three (3) times in a three (3) month period will receive counseling. No record of this counseling will be placed in the employee s personnel file, but shall be maintained by the immediate supervisor. 3. Following such counseling, an oral warning will occur if an employee is tardy an additional two (2) times in the next sixty (60) calendar days following informal counseling. Such oral warning will be noted in the employee s personnel file. 4. Following such oral warning, a written warning will occur if an employee is again tardy an additional time within sixty (60) calendar days following the issuance of an oral warning. Such written warning shall be placed in the employee s personnel file. 5. Following such written warning, an employee who is again tardy an additional time within sixty (60) calendar days following the issuance of a written warning shall be suspended for one (1) day without pay. 6. An additional instance of tardiness within ninety (90) calendar days following the issuance of a one (1) day suspension without pay will result in termination. 7. None of the steps set forth in 1-6 may be skipped. 8. If an employee does not have another instance of tardiness during the time frames set forth above, they will go back one step for the purpose of progressive discipline. 9. Any written record of discipline for tardiness placed in an employee s personnel file will be removed after the appropriate time frames as listed in c-g above, provided there has been no further action taken against the employee. 10. Finally, an employee will be offered union representation at each step of the procedure outlined above, and any disputes arising from this procedure shall be subject to the contractual grievance procedure. 9