Mr. 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:
In the course of the negotiations of the 2003-2007 State/PEF Agreement the parties agreed to the continuation of the Employee Organization Leave article which provides EOL for PEF designees for the purposes of investigation and processing of grievances.
As part of the parties' agreement to continue that article in the 2003-2007 Agreement, the parties also agreed that the conditions which apply to the use of EOL as outlined in the OER November 1979 memorandum to State agencies on this subject, a copy of which is attached, will also continue to be in effect for the term of the 2003-2007 Agreement.
Sincerely,
John Currier
Executive Deputy Director
Governor's Office of Employee Relations
Countersigned for PEF:
Roger E. Benson
President
TO: STATE DEPARTMENTS AND AGENCIES
FROM: Meyer S. Frucher
SUBJECT: Grievance Representatives – PS&T Unit
Section 4.7(d) of the 1977-79 Agreement in the PS&T Unit provides for the granting of employee organization leave to union designees for the purposes of investigation of claimed grievances and processing of grievances. The employees on the attached list have been designated by the Public Employees Federation as grievance representatives eligible to be granted EOL under Section 4.7(d).
Agencies are authorized to grant EOL to the PEF grievance representatives on the attached list subject to the following conditions:
1. Eligibility for employee organization leave for the investigation of a claimed grievance or for the processing of a grievance shall be limited to one PEF steward or other PEF representative at one time for any single grievance.
2. Because PEF will have stewards in each work location, stewards will not be entitled to employee organization leave for the investigation or processing of grievances in work locations other than their own.
3. Because PEF will have stewards in each geographic location, stewards will be entitled to employee organization leave for travel in connection with grievance investigation and processing only if such travel time is required for attendance at a review meeting or hearing at any stage of the grievance procedure which is conducted at a geographic location other than that where the steward and grievant are assigned.
(Notwithstanding the limitations established in paragraphs 1, 2 and 3 above, an agency may, at its discretion, approve the use of EOL by more than one PEF steward or other PEF representative for the investigation or processing of the same grievance or may permit the use of EOL for the investigation or processing of a grievance at another work location or for travel, when the agency Employee Relations Officer or other appropriate management official believes that such approval will contribute to the effective utilization of the grievance procedure for the review and/or resolution of a grievance.)
4. To assure that the use of employee organization leave does not unduly interfere with the conduct of an agency's programs, a steward must obtain the advance approval of his immediate supervisor before absenting himself from his work station to engage in the investigation or processing of a grievance. The approval of the immediate supervisor shall not be withheld arbitrarily.
5. Use of employee organization leave pursuant to Section 4.7(d) shall be subject to all other conditions and practices governing the use of employee organization leave generally.
6. Use of employee organization leave pursuant to Section 4.7(d) shall continue to be governed by the interpretations promulgated in OER 74-3:
"The operative words in Section 4.7(d) are investigation and processing. With regard to the former term, it is applicable only to the period of time prior to the filing of the grievance and through the second stage of the grievance procedure. After the second stage it would not appear that further investigation of the grievance should be necessary. It would be more appropriate to consider time, other than time spent at such hearings or reviews, as preparation time. Needless to say, employee organization leave is not authorized for 'preparation time,' although time off properly charged to employee credits should be liberally granted.
With regard to the term processing, this term is limited to such time as is reasonable and necessary for appearances at grievance hearings or reviews."
Employees named on the attached list are entitled to receive approval to use EOL for grievance representation, subject to the above conditions, retroactive to March 27. Such employees who would have been entitled to the use of EOL under these conditions, and who were absent from their work stations for grievance representation purposes and charged such absence to leave accruals, should be permitted to retroactively charge such absences to EOL and have their leave accruals restored.
January 10, 2005
Mr. 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:
I am writing to confirm the understanding of the parties in the negotiation of Article 4, Section 4.7(d) of the Agreement.
Section 4.7(d) provides that the Director of Employee Relations may grant additional Employee Organization Leave to designees of PEF under special circumstances.
We have established joint committee relationships in Article 14, Professional Development and Quality of Working Life Coordinating Committee, Article 15, Professional Development Committee, Article 18, Health and Safety, Article 22, Protection of Employees, and Article 44, Nursing and Institutional Issues. Time spent by PEF designees directly interacting with State representatives on these issues would be appropriately charged as EOL for labor/management committee participation under the provisions of Article 4, Section 4.7(c) of the Agreement. In addition to that need, however, we acknowledge that PEF has a need for study, review and internal preparation in connection with these joint committee relationships. To respond to this need we therefore agree that up to 55 days of EOL in each year of this Agreement shall be made available to PEF under the provision of Section 4.7(d) for preparation purposes in connection with PEF’s participation in the joint relationships established in Articles 14, 15, 18, 22 and 44.
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
AND
THE PUBLIC EMPLOYEES FEDERATION
AFL-CIO
CONCERNING
PERFORMANCE EVALUATION AND
PERFORMANCE ADVANCES
I. The PS&T Unit Performance Evaluation System and the payment of performance advances to PS&T Unit employees shall be subject solely to the provisions of this Memorandum. Payment of performance advances to PS&T Unit employees in accordance with the provisions of this Memorandum is acknowledged by the State and PEF to constitute full and complete compliance with the provisions of Article 7, Section 7.12 of the 2003-2007 State/PEF Agreement.
II. The State and PEF acknowledge that performance evaluation is a management prerogative, and that the State has the full and complete authority to exercise its prerogative to evaluate its employees so long as it does so in a manner not inconsistent with any of the provisions of paragraphs III A through D below.
III. The PS&T Unit Performance Evaluation System shall include the following elements:
A. Each employee shall be provided with a written Performance Program at the beginning of his/her evaluation period.
B. Performance evaluation shall occur at the end of the evaluation period, shall be based on the employee's Performance Program, and shall include both a narrative discussion of the employee's performance and a summary rating.
C. An employee may attach written comments to his/her Performance Program and/or Performance Evaluation.
D. Employees whose summary rating is below "Effective" shall be entitled to appeal such rating as described below:
1. First, to an agency-level appeals committee consisting of three persons, one each designated by the State and PEF and the third selected by agreement of the other two, which shall make a non-binding recommendation to the agency head. An appeal to the agency-level appeals committee must be submitted within 15 calendar days of the receipt of the evaluation.
2. Second, if the decision of the agency head is to deny the first-level appeal, to a State-level committee consisting of three persons, one each designated by the State and PEF and the third selected by agreement of the other two, which shall render a final determination on the appeal. An appeal to the State-level appeals committee must be submitted within 15 calendar days of receipt of the determination of the agency head.
3. The employee shall have the right upon request to make a personal appearance before both appeals committees to present facts and make arguments in support of the appeal. The employee shall be entitled to PEF representation before both appeals committees if he/she so elects.
4. The appeal procedure described in this Section D shall not be applicable to employees who are in probationary status.
IV. Performance Advances shall be payable in accordance with the following provisions:
A. Performance advances are defined as salary adjustments between the hiring rate and job rate of an employee's salary grade.
B. Eligibility for performance advances shall be limited to employees in positions allocated to salary grades 1 through 37, and in unallocated positions equated for salary purposes to grades 1 through 37, except unallocated trainee positions.
C. Effective April 1, 1992, performance advances shall be one-seventh of the dollar value of the difference between the hiring rate and job rate of the salary grade to which the employee's position is allocated or equated.
D. Each employee shall be eligible to receive a performance advance upon completion of each year of service in grade in full employment status at a basic annual salary rate which is below the job rate of his/her salary grade if his/her performance at the completion of such year of service is rated at least "Effective" or its equivalent.
E. Performance advances shall be paid in accordance with the provisions of Article 7, Section 7.12 of the 2003-2007 Agreement.
F. No employee's basic annual salary rate shall exceed the job rate of the employee's salary grade as a result of the addition of a performance advance.
G. Merit Advances
Effective April 1, 2007, employees shall be eligible for salary adjustments from the job rate to a merit advance rate based on applicable eligibility criteria to be developed by agreement of the parties.
H. Promotion Adjustment:
Employees who are eligible for a performance advance in a lower salary grade but are promoted or appointed to a higher salary grade before receiving their next advance in the lower grade and who have not received an advance in the higher grade are entitled to a reconstructed promotion salary reflecting the performance advance which they would have been paid in the lower grade had the performance in that grade been rated at least "Effective" or its equivalent.
I. Reduction in Grade:
Service in a higher salary grade by employees who are appointed or demoted to a lower salary grade is creditable toward the service in grade requirement for a performance advance in the lower salary grade.
J. Evaluation periods for employees in positions of Institution Teacher, and positions in other titles subject to the provisions of Section 136 of the Civil Service Law shall be subject to an amended schedule to reflect the 10-month work year of these titles:
1. Employees in these titles whose work year is September 1-June 30 shall have an evaluation period of September 1-June 30.
2. Employees in these titles whose work year is a 10-month work year other than September 1-June 30 shall have an evaluation period consisting of 10 months commencing on the first day of their work year.
3. These employees shall receive performance advances if they are rated at least "Effective" or its equivalent, effective the first day of the work year immediately after the evaluation period.
4. Employees in these titles shall be eligible for performance advances after the completion of each evaluation period during which they have been in full pay status for at least 150 working days.
V. Any questions or disputes arising from the interpretation or implementation of this Memorandum, or any other questions or disputes arising from the administration of the PS&T
Unit Performance Evaluation System, shall be subject to labor/management discussion at the Agency level and/or State level as appropriate as their sole and exclusive means of resolution.
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For the State: |
For PEF: |
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John Currier |
Roger E. Benson |
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Executive Deputy Director |
President |
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Governor’s Office of Employee Relations |
Public Employees Federation |
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Date: January 10, 2005 |
Date: January 10, 2005 |
January 10, 2005
Mr. 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 is to confirm the parties’ understanding regarding the eligibility criteria for receipt of the Merit Advance Rate discussed in Article 7.12 of the 2003-2007 State/PEF Agreement. During our discussions, we agreed that the program would be based on objective standards and measures of meritorious performance. Specifically, we agreed that eligible employees must satisfy all of the following criteria:
(a) One complete year at the Job Rate of Salary Grade.
(b) Five years of cumulative State service.
(c) “Satisfactory” performance evaluations for the previous three years. “Unsatisfactory” ratings given during that period and subsequently reversed on appeal will satisfy this requirement.
(d) No finding of guilt in any Notice of Discipline (NOD) for the previous three years. It does not include NODs dismissed by an arbitrator or withdrawn by the agency during that period, but it does include NODs that are settled or are pending resolution during that period.
(e) The employee has taken advantage of agency-sponsored job related training opportunities during the previous three years.
The system for merit increases shall provide for advancement to the Merit Advance Rate for employees who meet the eligibility criteria. For employees who are deemed ineligible, the existing performance evaluation appeals process will be available, subject to paragraph V of the Memorandum of Understanding concerning performance evaluation and performance advances.
The parties agree to further define the eligibility criteria for advancing to merit increases above the job rate within the parameters described above. The parties will meet and agree on the parameters of the merit advance rate program prior to October 2005.
Sincerely,
John Currier
Executive Deputy Director
Governor's Office of Employee Relations
Countersigned for PEF:
Roger E. Benson
President
January 10, 2005
Mr. 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:
I am writing to confirm our understanding in connection with the negotiation of Article 7, Section 7.13 of the 2003-2007 State/PEF Agreement.
We acknowledge that it is our intent that in situations where an employee's salary is at the job rate of his/her grade and is subsequently temporarily reduced below the job rate because of the mechanics of salary computation when titles are reallocated, such a temporary drop below the job rate will not constitute a break in the required five years of service at the job rate required to qualify for performance awards under Section 7.13, so long as the employee's salary is at or above the job rate on the qualifying date(s) established in Section 7.13.
Sincerely,
John Currier
Executive Deputy Director
Governor's Office of Employee Relations
Countersigned for PEF:
Roger E. Benson
President
January 10, 2005
Mr. 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 is to confirm our understanding on the dual health enrollment provision of the State/PEF Agreement. It is the intent of the State to prohibit two family enrollments among two State employees in a family unit. If one spouse is an employee of a participating subdivision, there shall be no impact on the coverage selected by the spouse who is a State employee.
Sincerely,
John Currier
Executive Deputy Director
Governor's Office of Employee Relations
Countersigned for PEF:
Roger E. Benson
President
January 10, 2005
Mr. 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 confirm our mutual understanding of the provisions of Article 30, Verification of Doctor's Statement, Section 30.3, of the 2003-2007 State/PEF Agreement.
The provision in Section 30.3 that medical information provided by an employee's physician in describing the cause of the employee's absence be brief in nature applies only to that part of the medical documentation which is the diagnosis. There is no restriction on other relevant information which would support use of sick leave credits, such as prognosis, expected date of return or other information properly required under the provisions of the New York State Attendance Rules.
Sincerely,
John Currier
Executive Deputy Director
Governor's Office of Employee Relations
Countersigned for PEF:
Roger E. Benson
President
January 10, 2005
Mr. 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:
In the course of the negotiations of the 2003-2007 State/PEF Agreement the parties agreed to the continuation of the Standby On-Call Rosters Article from the 1988-91 Agreement.
As part of the parties' agreement to continue that Article in the 2003-2007 Agreement, the parties also agreed that the provisions of the 1979-82 side letter on this subject, a copy of which is attached, will also continue to be in effect for the term of the 2003-2007 Agreement.
Sincerely,
John Currier
Executive Deputy Director
Governor's Office of Employee Relations
Countersigned for PEF:
Roger E. Benson
President
Mr. John J. Kraemer
President
Public Employees Federation
258 Sawmill Road
Elmsford, New York 10523
Dear Mr. Kraemer:
This will confirm our discussions regarding standby duty assigned to employees in the PS&T unit who are not eligible for payment for serving on Standby On-Call Rosters under the provisions of Article 31 of the State/PEF Agreement.
The State and PEF acknowledge that because of the nature of the duties of certain professional employees, and the requirements of the programs to which certain employees are assigned, it is sometimes necessary for the State to require such employees to be available for recall or to be available to perform certain activities during off-duty hours. The State and PEF also acknowledge that in agencies where such circumstances regularly occur, it is appropriate for agency-level labor/management committees to discuss steps that may be taken to reduce the resulting inconvenience to the employees, including the equitable distribution of such assignments and the provision of telephone answering services and/or paging devices to remove some of the restriction on employees' mobility.
Sincerely,
Meyer S. Frucher
January 10, 2005
Mr. 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 is to confirm the State's intent to continue for the duration of the 2003-2007 State/PEF Agreement the understanding between the parties in the area of counseling as provided in the January 1982 side letter on this subject, a copy of which is attached.
Sincerely,
John Currier
Executive Deputy Director
Governor's Office of Employee Relations
Countersigned for PEF:
Roger E. Benson
President
January 15, 1982
Mr. John J. Kraemer
President
Public Employees Federation
10 Colvin Avenue
Albany, New York 12206
Dear Mr. Kraemer:
Let this letter confirm our understanding in the area of Counseling:
Counseling is a means of instructing employees as to how performance can be improved; it is a constructive tool. In the event that an employee in the PS&T Unit receives a counseling memorandum that he alleges is a reprimand or discipline, he may submit a grievance pursuant to Article 34 of the Agreement asserting that he/she was denied the protections contained in Article 33, Discipline.
To further our understanding, the State will send to all agencies and facilities a memorandum setting out the purposes and philosophy of counseling.
Very truly yours,
Meyer S. Frucher
January 10, 2005
Mr. 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 is to confirm that the Memorandum of Interpretation between the State and PEF, dated May 23, 1984, a copy of which is attached, concerning disputes arising from the termination of probationary employees will continue during the duration of the 2003-2007 State/PEF Agreement.
Sincerely,
John Currier
Executive Deputy Director
Governor's Office of Employee Relations
Countersigned for PEF:
Roger E. Benson
President
Attachment
MEMORANDUM OF
INTERPRETATION
BETWEEN
THE EXECUTIVE BRANCH
OF THE STATE OF NEW
YORK
AND
THE PUBLIC EMPLOYEES FEDERATION,
AFL-CIO
I. The Executive Branch of the State of New York and the Public Employees Federation, AFL-CIO have met and conferred regarding the interpretation of Sections 34.1(a) and 34.1(b) of Article 34 of the 1982-85 Agreement between the parties.
II. The parties have agreed that disputes arising from the termination of probationary employees do not fall within either the definition of a "contract grievance" as set forth in Section 34.1(a) or the definition of a non-contract grievance as set forth in Section 34.1(b).
III. Therefore, notwithstanding the fact that such disputes may in the past have been reviewed under the Section 34.1(b) non-contract grievance procedure, the parties agree that any such disputes shall not be subject to any of the provisions of Article 34, Grievance and Arbitration Procedure of the Agreement, except that this Agreement shall not apply to such disputes which are the subject of non-contract grievances properly filed at Step 1 prior to the date of execution of this Memorandum.
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For the State: |
For PEF: |
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/s/Thomas F. Hartnett |
/s/Joseph B. Sano |
Date: May 23, 1984
MEMORANDUM OF PROCEDURE
This is to confirm the procedure agreed upon by the State and the Public Employees Federation, AFL-CIO (“PEF”) concerning the assignment to negotiating units and/or designation as managerial/confidential (M/C) of new positions and reclassified positions.
1. The State will transmit to PEF on a monthly basis a listing of newly established positions and reclassifications, with a proposed negotiating unit or M/C designation for each position listed. Upon the request of PEF, the State will provide a duties description for any position listed. Upon the request of either party, representatives of the State and PEF will meet to discuss proposed designations.
2. Within 60 days of receipt of a monthly listing, PEF shall notify the State of any negotiating unit assignment or M/C designation with which PEF disagrees.
3. In the event PEF disagrees with a proposed negotiating unit assignment or M/C designation, the unit assignment or M/C designation shall be considered tentative pending final resolution.
4. After PEF has had an opportunity to disagree with proposed negotiating unit assignments and M/C designations, the State shall report to PERB those unit assignments and M/C designations on which there is no disagreement and those on which PEF has disagreed and which are therefore considered to be tentative.
5. All positions whose negotiating unit assignment or M/C designation are considered to be tentative will be placed in the negotiating unit or M/C category as proposed by the State, except as provided for in paragraph 6 below, and so reported to PERB.
6. In cases of tentative negotiating unit assignments or M/C designations not agreed to by PEF, where the tentative negotiating unit assignment or M/C designation has been proposed by the State as the result of the reclassification of a filled PS&T Unit position, the position shall remain in the PS&T Unit pending final resolution of the disagreement.
7. Tentative negotiating unit assignments and/or M/C designations will be reported to PERB with the understanding that at a later date those positions will be subject to such formal actions as either the State or PEF may choose to take in accordance with the provisions of Article 14 of the Civil Service Law. The State and PEF shall jointly request of PERB that a process be instituted to provide for resolution of all pending tentative designations semi-annually in June and December of each year.
8. The State agrees to maintain accurate records of positions and titles for which the unit assignment or M/C designation is tentative and to make them available to PEF at reasonable times upon request.
9. This procedure may be amended from time to time upon the mutual agreement of the parties.
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For PEF: |
For the State: |
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/s/ Frank C. Greco |
/s/ James D. Brown |
Date: October 17, 1986
MEMORANDUM OF
UNDERSTANDING
BETWEEN
THE STATE OF NEW
YORK
AND
THE PUBLIC EMPLOYEES FEDERATION, AFL-CIO
CONCERNING
PAYROLL DEDUCTION
OF
PEF/COPE CONTRIBUTIONS
Agreement made this 17th day of October, 1986, by and between the State of New York ("State") and the Public Employees Federation, AFL-CIO (“PEF”) in its capacity as representative of employees in the Professional, Scientific and Technical Unit and in accordance with the collective bargaining agreement between the State and PEF.
WITNESSETH
WHEREAS, federal law, 2 U.S.C. Section 441b, 11 C.F.R. Section 114, et seq., authorizes a separate segregated fund established by a labor organization to solicit its members and their families for voluntary contributions for the support of candidates for federal office and permits the facilitation of such contributions through a payroll checkoff;
NOW, THEREFORE, it is mutually agreed as follows:
1. PEF, having established a separate segregated fund pursuant to federal law to receive contributions for the support of candidates for federal office only, shall have the right in conformance with all applicable law to the checkoff for such purposes. The fund is known as the New York State Public Employees Federation Committee on Political Education (PEF/COPE). Such PEF/COPE is affiliated with separate segregated funds established by the Service Employees International Union and/or the American Federation of Teachers pursuant to federal law, however any PEF/COPE contributions shall only be for the purposes of federal elections.
2. An employee in the Professional, Scientific and Technical Services Unit who is a member of PEF and who is having union dues deducted from his/her wages may authorize deductions from his/her wages for contribution to the PEF/COPE separate segregated fund ("political contribution deductions") by completing the authorization form annexed hereto which bears the signature of the member and specifies the amount of such deductions that shall be made each payday. Such authorization is entirely voluntary and may be revoked by the employee at any time in writing. The authorization shall remain in effect until the State is notified pursuant to the provisions of paragraph 6 of this Agreement of the revocation of the authorization.
3. Authorizations for political contributions to the PEF/COPE separate segregated fund shall be solicited by PEF strictly in accordance with applicable law and in conformance with paragraph 2 of this Agreement.
4. PEF shall prepare a list of the written authorizations received and such other information, punch cards, computer tapes and any other material in whatever form needed by the State for processing; and it shall transmit such information and material to the State or its designee or designees.
5. The State shall begin making such political contribution deductions in the amounts specified on the authorization forms as soon as practicable after receipt of the items described in paragraph 4 above. Such deductions shall be made from regular payrolls only.
6. All requests for revocation of authorization for political contribution deductions shall be in writing and may be delivered to the Union or the payroll office of the State Comptroller on behalf of the State. The party receiving such written request shall, as soon as practicable, send a copy of such request to the other. The political contribution deductions will cease as soon as practicable after the State has received the appropriate notice.
7. The State shall cause to be transmitted to PEF or its designee on each payday the amounts authorized, as well as a list of employees for whom political contribution deductions have been made and the amounts deducted.
8. PEF shall be responsible for complying with all legal requirements regarding the collection of contributions for the PEF/COPE separate segregated fund for the support of only candidates for federal office. The State shall have no responsibility for or liability in connection with the establishment, operation and maintenance of any such fund and the collection of contributions therefor.
9. Guidelines for contributions may be suggested by PEF, provided that the person being solicited is informed by PEF that the guidelines are merely suggestions and that an individual is free to contribute more or less than the guidelines suggest and PEF will not favor or disadvantage anyone by reason of the amount of the contribution or decision not to contribute.
10. PEF shall submit to the State a separate statement affirming that it is a collecting agent for the PEF/COPE separate segregated fund which is registered with the Federal Election Commission and that such fund is authorized to solicit contributions and make expenditures in accordance with applicable law and giving the name of such fund and evidence of such registration, as well as the names of funds to which it is affiliated.
11. PEF solely shall be responsible for any contribution wrongfully deducted from an employee's wages and transmitted to the PEF/COPE separate segregated fund or to one of the funds to which it is affiliated and solely shall be responsible for refunding such amount to any such employee.
12. If for any reason it is found that the gross amount of a paycheck drawn to an employee must be recalled and redeposited, any deductions from it must necessarily be recovered. Since a deduction made pursuant to this Agreement would already have been forwarded to the Union, the State Comptroller will reduce a check issued subsequently to the Union by the amount of such erroneous deduction.
13. The State, its trustees, its officers, its employees and its agents shall not be liable for any mistake, error of judgment or any other act of omission or commission in the operation of the political checkoff established pursuant to this Agreement. PEF agrees to hold the State, its trustees, its officers, its employees and its agents harmless against any complaint, claim, action, grievance, proceeding or the like arising out of the solicitation, deduction, transmittal or expenditure of said political contributions.
14. Political contribution deductions will be considered last in arithmetical sequence. Where the residual amount of wages after other deductions is less than the full amount of the authorized political contribution deduction, no fractional amount of such deduction will be made or carried over for deduction in any subsequent payroll period.
15. No arrears of any kind or nature will be collected from any employee through the political checkoff system established pursuant to this Agreement.
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For the State: |
For PEF: |
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By:/s/James D. Brown |
By:/s/Frank C. Greco |
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Date: October 17, 1986 |
Date: October 17, 1986 |
January 10, 2005
Mr. 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:
During the negotiation of Article 8 of the 2003-2007 State/PEF Agreement the parties discussed extension of the State’s Travel Card program to employees in the PS&T Unit. This letter confirms the basis on which this program operates.
Certain employees are provided with a Travel Card at no cost to them. The card is restricted to use for payment of travel expenses incurred while in travel status in the performance of official duties.
Employees may participate in the program only if they are expected to regularly incur travel expenses on a yearly basis, and participation of any individual employee is subject to agency approval. The program is offered to PS&T Unit employees on the same terms available to other employees, and any changes in the program that may from time to time be made by agreement of the State and Travel Card vendor, or that may be made by the State in connection with its administration of the program, will apply to PS&T employees in the same manner they are applied to other employees. The State will notify PEF of changes in the program that may from time to time be made by agreement of the State and the Travel Card vendor, or that may be made by the State in the administration of the program.
Employees who participate in the program will have the option to discontinue their participation at any time with reasonable advance notice.
Please confirm PEF's agreement with the contents of this letter by countersigning it below.
Sincerely,
John Currier
Executive Deputy Director
Governor's Office of Employee Relations
Countersigned for PEF:
Roger E. Benson
President
January 10, 2005
Mr. 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:
In accordance with the discussion of the parties during the negotiation of Article 8 of the 2003-2007 State/PEF Agreement, the following is information concerning meal allowances to be paid to employees in travel status who are not eligible for lodging:
Meal Allowances for Non-Overnight Travel
in New York State
I. The Comptroller in accordance with the provisions of Article 8, Section 8.1(c) will establish a schedule of meal allowances for meals which are substantiated by receipts. The schedule will be based on the federal daily meal allowance. Specifically, the federal allowance shall be apportioned into breakfast and dinner maximums on a 20% - 80% basis, each rounded to the nearest whole dollar. The total of the breakfast and dinner maximums shall equal the federal daily meal allowance. Should the federal meal allowances be adjusted during the term of the Agreement, the Comptroller shall adjust the State schedule accordingly. The rates include tax and gratuities.
II. When no receipts are submitted for breakfast or dinner, the allowances will be $5 for breakfast and $12 for dinner with no differentials for upstate or downstate locations as established by the Comptroller in accordance with the provisions of Article 8, Section 8.1(c).
NOTE: The rates include tax and gratuities.
Sincerely,
John Currier
Executive Deputy Director
Governor’s Office of Employee Relations
Countersigned for PEF:
Roger E. Benson
President
January 10, 2005
Mr. 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:
I am writing to confirm understandings reached during the course of negotiation of the 2003-2007 State/PEF Agreement.
In connection with these negotiations, we agreed that the State will continue to advise PEF regarding the results of the administration of the job evaluation system; and that PEF will have the opportunity to advise the State of any issues or concerns it may have in this area.
Sincerely,
John Currier
Executive Deputy Director
Governor's Office of Employee Relations
Countersigned for PEF:
Roger E. Benson
President
January 10, 2005
Mr. 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:
The following will continue and confirm the understandings on the subject of vacancy posting reached by the parties during negotiation of the 1991-95 State/PEF Agreement.
In order to achieve the advantages of a wide program of vacancy posting, while at the same time assuring that such a program appropriately reflects the operating needs of State departments, agencies and facilities, the State and PEF agree that this subject should be discussed in agency-level and/or local-level labor/management meetings as appropriate. Discussion in such forums is intended to result in the joint development of posting procedures that will meet the needs of both employees and management of the agency or facility at which such discussion takes place.
Any posting procedures developed through such labor/management discussion shall address at least the following issues:
A definition of the scope of the procedure, including any understandings regarding positions, titles, types of appointments, and/or durations of appointments to which the procedure will be applicable.
A definition of any positions, titles, types of appointments, durations of appointments and/or special situations for which the procedure is understood by the parties to be specifically not applicable.
A definition of the organizational and/or geographic distribution of the posting, i.e., facility-wide, all field offices within a certain area, etc.
A definition of the time period of the posting.
A definition of the information to be included on the posting notice.
A procedure for the notification of specified PEF representatives when management has determined that a position or vacancy which otherwise would be covered by the posting procedure will be exempted from the procedure.
It is intended by the State and PEF that labor/management discussions should also result in the joint development of a monitoring and reporting process so that both PEF representatives and top management representatives at the local and agency levels can from time to time review implementation of the procedure to be sure it is working effectively. It is not intended that procedures developed through the labor/management process provide for the cancellation of appointments that have been made without the posting procedure having been followed. If labor/management deliberations at any level do not result in the development of a mutually satisfactory procedure, or if after the development of such a procedure one party believes the other is failing to comply with the agreement, that matter is an appropriate subject for discussion at the next higher level of the labor/management process.
Sincerely,
John Currier
Executive Deputy Director
Governor's Office of Employee Relations
Countersigned for PEF:
Roger E. Benson
President
January 10, 2005
Mr. 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 and confirm our understandings reached during the course of negotiation of the 1991-95 State/PEF Agreement, on the subject of performance evaluation.
The State and PEF acknowledge that performance evaluation is a management prerogative, and that the State has the full and complete authority to exercise its prerogative to evaluate its employees so long as it does so in a manner not inconsistent with the provisions of Section III of the Performance Evaluation MOU.
The parties acknowledge that the performance evaluation system is designed to improve individual and organizational performance and productivity, recognize and reward achievement, and identify needs for training, development, and personnel actions. The parties further acknowledge that the performance evaluation system provides a means for supervisors and employees to communicate with each other about tasks, objectives, and work performance. It provides positive opportunities for supervisors to communicate tasks, objectives, standards, and the manner in which work is to be performed to employees, and to provide feedback and evaluation of employees' performance. It provides employees with positive opportunities to have constructive input into the process by which tasks, objectives and standards are established and, where necessary, to obtain clarification of what tasks and objectives they are required to perform and meet and the standards by which their performance will be rated.
Recognizing the benefits the performance evaluation system can provide to both employees and supervisors, the parties agree that facility-level and agency-level implementation of the performance evaluation system is an appropriate subject for discussion in the labor/management forum. Facility-level and agency-level labor/management committees shall, at the request of either party on such committee, jointly review and address problems arising from local implementation of the performance evaluation system.
Sincerely,
John Currier
Executive Deputy Director
Governor's Office of Employee Relations
Countersigned for PEF:
Roger E. Benson
President
January 10, 2005
Mr. 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 letter will continue and confirm the understandings of the parties reached in connection with the negotiation of Article 11, Accidental Death Benefit, in the 1999-2003 State/PEF Agreement.
The original intent of the parties in the negotiation of this provision in the 1985-88 State/PEF Agreement, which is otherwise hereby reaffirmed, was modified as follows in regard to eligibility for the tuition benefit set forth in Section 2 of Article 11:
The Section 11.2 tuition benefit was intended to provide assistance to deceased employees' children who would have been dependent on the employee to provide that assistance. Thus it is restricted to eligible dependents until such individuals attain a bachelor’s degree or reach the age of 25, whichever is earlier, subject to the following limitations: (a) individuals who enroll before their 21st birthday but experience a break in enrollment of one full semester (or trimester or other normal school term except "summer school") or more will continue to be eligible for the tuition benefit only until they attain a bachelor’s degree or reach the age of 23, whichever is earlier; (b) individuals who enroll on or after their 21st birthday who experience a break in enrollment of one full semester (or trimester or other normal school term except "summer school") or more will cease to be eligible for the tuition benefit.
Children of an employee who received an Accidental Death Benefit who are not residents of the State of New York as a result of the employee’s work assignment with the State of New York, shall receive from the State a payment equal to the amount of the non-resident tuition cost (up to a maximum of the cost of non-resident tuition for the corresponding semester at the State University) for each semester they are enrolled and in attendance at such college or other unit.
Please confirm that this letter accurately sets forth our understandings on this subject by countersigning below.
Sincerely,
John Currier
Executive Deputy Director
Governor's Office of Employee Relations
Countersigned for PEF:
Roger E. Benson</