PEF/PS&T - Appendix II - Side Agreements

1.      Seasonal Employees

2.      Payroll Data

3.      Housing & Meal Charges

4.      Parking

 

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MEMORANDUM OF INTERPRETATION

BETWEEN

THE STATE OF NEW YORK

AND

THE PUBLIC EMPLOYEES FEDERATION

CONCERNING

SEASONAL EMPLOYEES

 

1.  The following provisions of the 2003-2007 Agreement between the State and the Public Employees Federation, AFL-CIO representing employees in the Professional, Scientific and Technical Services Unit shall, to the extent they are applicable, be applied to employees in that unit in positions designated as "seasonal" positions:

 

Article No.

Article

 

Bill of Rights

1

Recognition

2

Statement of Policy and Purpose

3

Unchallenged Representation

4.1-4.5

Employee Organization Rights

5

Management Rights

6

No Strikes

8

Travel

9

Health Insurance

10

Employee Assistance Program

11

Accidental Death Benefit

12.4

Vacation Credit Accumulation

12.5

Additional Vacation Credit

12.7

Vacation Use

12.8

Sick Leave Accumulation

12.9

Use of Sick Leave

12.10

Personal Leave Accumulation

12.11

Use of Personal Leave

12.12

Accounting of Time Accruals

12.13

Absence-Extraordinary Circumstances

12.14

Tardiness for Members of Volunteer Fire Departments, Volunteer Ambulance Services and Enrolled Civil Defense and Civil Air Patrol Volunteers

12.18

Leave for Bereavement or Family Illness

14

Professional Development and Quality of Working Life Coordinating Committee

15

Professional Development Committee

18

Health and Safety

19

Parking

20

Review of Personal History Folder

22

Protection of Employees

24

Labor/Management Committee Process

26

Institution Teachers

27

Reimbursement for Property Damage

28

Distribution of Directives, Bulletins or Instructions

29

Emergency First Aid

30

Verification of Doctor's Statement

32.5

Workweek and Workday

33

Discipline

34

Grievance and Arbitration

35

Resignation

36

No Discrimination

37

Indemnification

38

Overtime Meal Allowances

39

Clinical Privileging and Credentialing

40

Credit Union Space

41.3 & 41.4

Payroll

42

Family Benefits

43

Printing of Agreement

45

Benefits Guaranteed

46

Conclusion of Collective Negotiations

47

Severability

48

Approval of Legislature

49

Duration of Agreement

 

2. Compensation

A. Lump Sum Payments

Lump Sum Payment for Fiscal Year 2003-2004

Eligibility for a portion of the $800 lump sum payment shall extend to seasonal employees in employment status on March 31, 2004 who have a total time in pay status of six months or more during the preceding fiscal year; this six months of pay status shall be called the "qualifying period." For employees with more than six months of total time in pay status, the qualifying period shall be the last such six months in the respective fiscal year. Such employees paid on an hourly, per diem, or annual salaried basis who:

·        work a minimum of one-quarter time, but less than half-time, during their qualifying period shall receive $200;

·        work a minimum of half-time, but less than three-quarters time, during their qualifying period shall receive $400;

·        work a minimum of three-quarters time, but less than full-time, during their qualifying period shall receive $600;

·        work the equivalent of full-time during their qualifying period shall receive $800.

Such section shall not apply to employees paid on a fee schedule.

B. Salary Increases

Salary Increase for Fiscal Year 2004-2005

1. Effective on March 25, 2004 for employees on the administrative payroll and April 1, 2004 for employees on the institutional payroll, the basic annual salary of employees in employment status on March 24, 2004 and March 31, 2004, respectively, shall be increased by two and one-half (2.5) percent.

2. Seasonal employees, not on the payroll on March 24, 2004 or March 31, 2004 as appropriate, but who were employed on a seasonal basis in fiscal year 2003-2004 and become reemployed during the 2004-2005 fiscal year, will be eligible for an increase of two and one-half (2.5) percent effective on March 25, 2004 for employees on the administrative payroll and April 1, 2004 for employees on the institutional payroll or the date of hire, whichever is later.

Salary Increase for Fiscal Year 2005-2006

1. Effective on April 7, 2005 for employees on the administrative payroll and March 31, 2005 for employees on the institutional payroll, the basic annual salary of employees in employment status on April 6, 2005 and March 30, 2005, respectively, shall be increased by two and three-quarters (2.75) percent.

2. Seasonal employees, not on the payroll on April 6, 2005 or March 30, 2005, as appropriate, but who were employed on a seasonal basis in fiscal year 2004-2005 and become reemployed during the 2005-2006 fiscal year, will be eligible for an increase of two and three-quarters (2.75) percent effective on April 7, 2005 for employees on the administrative payroll and March 31, 2005 for employees on the institutional payroll or the date of hire, whichever is later.

Salary Increase for Fiscal Year 2006-2007

1. Effective on April 6, 2006 for employees on the administrative payroll and March 30, 2006 for employees on the institutional payroll, the basic annual salary of employees in employment status on April 5, 2006 and March 29, 2006, respectively, shall be increased by three (3) percent.

2. Seasonal employees, not on the payroll on April 5, 2006 or March 29, 2006, as appropriate, but who were employed on a seasonal basis in fiscal year 2005-2006 and become reemployed during the 2006-2007 fiscal year, will be eligible for an increase of three (3) percent effective on April 6, 2006 for employees on the administrative payroll and March 30, 2006 for employees on the institutional payroll or the date of hire, whichever is later.

Salary Increase Effective April 1, 2007

1. Effective on April 1, 2007 for employees on the administrative payroll and on the institutional payroll, the basic annual salary of employees in employment status on March 31, 2007, shall be increased by $800.

2. Seasonal employees, not on the payroll on March 31, 2007, but who were employed on a seasonal basis in fiscal year 2005-2006 and become reemployed during the 2006-2007 fiscal year, will be eligible for an increase of $800 effective on April 1, 2007 for employees on the administrative payroll and on the institutional payroll or the date of hire, whichever is later.

C. Effect of Minimum Wage Level

If during the term of this Agreement the rate of compensation of any employee in a seasonal position is increased at the discretion of the Director of the Budget for the purpose of making such rate equal to the Federal minimum wage level, the provisions of Paragraphs A and B above shall be applied to such seasonal employee in the following manner:

1. The seasonal employee's rate of compensation shall remain at the adjusted rate established by the Director of the Budget from the effective date established by the Director of the Budget until the date of the next general salary increase provided for in Paragraphs A or B.

2. Effective on the effective date of the next general salary increase provided for in Paragraphs A or B such employee's rate of compensation shall be either the adjusted rate established by the Director of the Budget; or his/her rate prior to the adjustment, increased by the percentage provided for in the applicable paragraph, whichever is higher.

D.  Hourly and Per Diem

All of the above provisions shall apply on a pro rata basis to seasonal employees paid on an hourly or per diem basis or on any basis other than at an annual rate, or to seasonal employees paid on a part-time basis. The above provisions shall not apply to seasonal employees paid on a fee schedule.

3. Holiday Compensation

(a) A seasonal employee not covered by the Attendance Rules who is regularly employed on a 37 1/2 or 40 hour per week basis who works at least 25 days during the season will be entitled to additional compensation at his/her hourly rate, up to a maximum of eight hours, for time worked on each of the first three (3) days during his/her employment in any seasonal period (4/1 to 9/30 and 10/1 to 3/31) which are observed as holidays by the State. Such compensation shall be paid retroactive upon completion of five weeks of work.

(b) A seasonal employee not covered by the Attendance Rules who is regularly employed on a 37 1/2 or 40 hour per week basis who works at least 25 days during the season and who have been so employed at least one of the two consecutive seasonal periods (4/1 to 9/30 and 10/1 to 3/31) immediately preceding the current seasonal period will be entitled to additional compensation at their hourly rate up to a maximum of eight hours for time worked on days during their employment in the current seasonal period which are observed as holidays by the State.  Such compensation should be paid retroactively upon completion of five weeks work.  The first seasonal period during which this benefit will become payable is the 10/1/04 to 3/31/05 seasonal period to employees who meet the service requirement during either the 10/1/03 to 3/31/04 or the 4/1/04 to 9/30/04 seasonal period. 

(c) A seasonal employee who is entitled to time off with pay on days observed as holidays by the State as an employer and who has been scheduled or directed to work will receive additional compensation for time worked on such days.

4. Workers' Compensation Leave with Pay

A seasonal employee covered by the Attendance Rules shall be covered by Article 13 of the State/PEF Agreement.

 

For the State:

For PEF:

 

 

 

 

John Currier

Roger E. Benson

Executive Deputy Director

President

Governor’s Office of Employee Relations

Public Employees Federation

 

 

 Date: January 10, 2005

Date: January 10, 2005

 

 

 


January 10, 2005

 

Roger E. Benson

President
Public
Employees Federation, AFL-CIO

1168-70 Troy-Schenectady Road

P.O. Box 12414

Albany, New York 12212-2414

 

Dear Mr. Benson:

 

This will continue the agreement reached during the course of negotiation of the 1988-91 State/PEF Agreement concerning Employee Organization Rights, Article 4, Section 4.6 of the Agreement.

Section 4.6 stipulates that the State will provide PEF with certain information on employees. The State agrees to provide PEF with any additional payroll data as is generally provided to employee organizations representing State employees.

 

Sincerely,

 

 

 

John Currier

Executive Deputy Director

Governor’s Office of Employee Relations

 

Countersigned for PEF:

 

 

 

Roger E. Benson

President

 


MEMORANDUM OF UNDERSTANDING

BETWEEN

THE STATE OF NEW YORK

("THE STATE")

AND

THE PUBLIC EMPLOYEES FEDERATION, AFL-CIO

("PEF")

 

Pursuant to the agreement reached during the course of negotiation of the 1985-88 State/PEF Agreement, the parties hereto have met and have discharged their commitment to develop an indexing formula to adjust rates employees pay for State-provided meals and housing. As a result of these deliberations, the parties have agreed to the modifications of the terms and conditions of employment relating to the rates employees pay for meals and housing provided by the State as set forth below in this Memorandum of Understanding. The provisions of this Memorandum of Understanding supersede and replace any provisions of the State/PEF Agreement which are affected by the provisions herein.

This Memorandum of Understanding is entered into between the State of New York and PEF for the purpose of establishing a method by which the rates employees pay for meals and housing provided by the State will be calculated.

Accordingly, commencing on April 1, 1988, and effective each April 1, thereafter, the rate employees pay for meals and housing provided by the State in effect on the immediately preceding March 31 shall be adjusted by the following:

1.      For meal charges - the rate shall be adjusted by the CPI-U, United States, "Food away from Home" component, for the period October-September, published by the Bureau of Labor Statistics, U. S. Department of Labor.

2.      For housing charges - the rate shall be adjusted by the CPI-U, United States, "Rent, Residential" component, for the period October-September, published by the Bureau of Labor Statistics, U. S. Department of Labor.

Such adjustment shall be determined as the percentage change in the above-mentioned indices during each 12 month period ending September 30 of the year immediately preceding the April 1 effective date. The resulting amount shall be rounded to the nearest whole dollar.

From the effective date of this Memorandum of Understanding henceforth, the appropriateness of the above indices shall be subject to review one time during the term of each successor agreement to the 1988-91 Agreement, upon the request of either party.

 

For the State:

For PEF:

 

 

 

 

John Currier

Roger E. Benson

Executive Deputy Director

President

Governor’s Office of Employee Relations

Public Employees Federation 

 

Date: January 10, 2005

 

Date: January 10, 2005

 

 


MEMORANDUM OF AGREEMENT
BETWEEN
THE STATE OF
NEW YORK
AND
THE PUBLIC EMPLOYEES FEDERATION, AFL-CIO

 

1) In accordance with the provisions of Article 19, Section 19.3 of the 1988-91 Agreement between the State and PEF, the Executive Branch of the State of New York (hereinafter "the State") and the Public Employees Federation, AFL-CIO (hereinafter "PEF"), hereby enter into this agreement concerning the fees for parking by employees in parking facilities operated in and around Albany by the Office of General Services, Bureau of Parking Services. (See attachment of list of facilities currently in operation.)

In the event that new parking facilities not currently provided by the State are provided under the auspices of the Bureau of Parking Services, these fee schedules will apply.

2) This Memorandum of Agreement shall be effective as of the date of its execution and shall remain in effect until or unless it is superseded by a successor agreement between the parties.

3) The monthly fees for employee parking at each of the parking facilities covered by this Agreement shall continue as follows unless modified by terms of this Memorandum or by other agreements to provide additional parking space that affect these rates:

 

Surface Parking

 

$  7.00

Covered Parking

$14.00

Covered/Reserved Parking

$28.00

 

4) In the final quarter of each fiscal year of this Agreement, the State shall establish a fee schedule to be in effect in the next fiscal year, and when supplemented by net visitor revenue will recover the operating costs of employee parking, which includes maintenance and rehabilitation and any centralized services fund accrued deficit attributable to the Bureau of Parking Services.

In no event, however, will the total fee schedule increase more than $1 for surface parking, $2 for covered parking and $4 for covered reserved parking in any fiscal year due to the above.

This cap on annual fee increases shall continue in effect through the fiscal year ending March 31, 1991.

5) Should the parking fee schedule be amended, successive rate changes will be effective on April 1 of each year, or on another date mutually agreed to by the parties. The amended fee schedules shall continue the same proportions as established above between the fees for surface, covered and covered/reserved parking.

6) Should any new parking facilities be constructed by the Bureau of Parking Services, the parking fees shall, if necessary be increased over and above any increase required under Sections 4 and 5 above. Such new fees may apply to all existing Bureau of Parking Services facilities. If it is necessary to finance construction of new facilities from the General Fund, parking fee increases will be designed to recoup such loans. No such facility construction or associated fee increase shall occur, however, except pursuant to a written agreement between the parties for the specific facility proposed.

7) The State shall continue to provide PEF a quarterly report of expenses and revenues of the Bureau of Parking Services in the Centralized Services Fund.

 

 

 

 

For the State:

 

 

 

 

For PEF:

 

 

 

John Currier

Roger E. Benson

Executive Deputy Director, 

President

Governor’s Office of Employee Relations

Public Employees Federation

 

Date: January 10, 2005

 

Date: January 10, 2005

 

 

 

 

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