APPENDIX V
ROSWELL PARK CANCER INSTITUTE
I. Application
of the Agreement
This Appendix applies to all employees of the Roswell Park Cancer Institute (hereinafter RPCI) assigned to the Professional Scientific & Technical Unit (hereinafter PS&T Unit) as provided by Public Authorities Law Section 3558.
The provisions of the 2003-2007 PS&T Unit Agreement between the Public Employees Federation and the State of New York (hereinafter “Agreement”) and the benefits contained therein shall apply to PS&T Unit employees of RPCI, except as modified and/or as clarified herein.
The parties agree that nothing in this Appendix waives any right that either party may have pursuant to the Public Authorities Law Sections 3550-3573.
Article 7:
With
respect to Article 7.14 the inconvenience pay program will be continued for RPCI
employees on the same basis and in the same amount as available to other
PS&T Unit members.
In
addition, a Nurse 1, Nurse 2, or Clinical Nursing Supervisor, (a) who is
required to work an evening shift, four or more hours of which fall between 6
p.m. and 6 a.m., shall be paid a shift differential of not less than $1.50 per hour times the total number of
hours on the shift, for each shift worked; or (b) who is required to work a
night shift, four or more hours of which fall between 6 p.m. and 6 a.m., shall
be paid a shift differential of not less than $1.75 per hour times the total
number of hours on the shift, for each shift worked.
In
addition, a Nurse 1, Nurse 2, or Clinical Nursing Supervisor, Clinical Research Nurse, Nurse II Per Diem, Nursing
Staff Development Instructor, Ambulatory Nursing Supervisor, Nurse
Administrator, or Case Manager who is regularly
assigned or otherwise: (a) who
is required to work an evening shift, four or more hours of which fall between
6 p.m. and 6 a.m., shall be paid a shift differential of not less than $1.75 per hour times the total number of hours
on the shift, for each shift worked; or (b) who is required to work a night
shift, four or more hours of which fall between 6 p.m. and 6 a.m., shall be
paid a shift differential of not less than $2.00 per hour times the total number of hours on
the shift, for each shift worked. When an
employee works a schedule that crosses shifts, the shift differential for all
hours worked shall be computed based on the hourly rate applicable to the
majority of hours actually worked. In
the event that the hours worked result in an equal number of hours in different
shifts, the shift differential for all hours worked shall be computed at the
higher of the applicable shift differential rates.
In addition, a Nurse 1, Nurse 2, Clinical Nursing
Supervisor, Clinical Research Nurse, Nurse II Per Diem, Nursing Staff
Development Instructor, Ambulatory Nursing Supervisor, Nurse Administrator or
Case Manager who is required to work a weekend shift, four or more hours of
which fall between 11 p.m. Friday and 6 a.m. Monday, shall be paid the
following weekend differentials: (a) for the day shift, four or more hours of
which fall between 6 a.m. and 6 p.m., shall be paid a weekend differential of
not less than $1.50 per hour times the total number of hours on the shift, for
each shift worked (b) for the evening
shift, four or more hours of which fall between 6 p.m. and 6 a.m., shall be
paid a weekend differential of not less than $1.25 per hour times the total
number of hours on the shift, for each shift worked, in addition to regular
evening shift differential; or (c) is required to work a night shift, four or
more hours of which fall between 6 p.m. and 6 a.m., shall be paid a weekend
differential of not less than $1.75 per
hour times the total number of hours on the shift, for each shift worked, in addition
to the regular night shift differential.
Notwithstanding an employee’s regular assignment, payment of the weekend
differential to an employee shall be governed by the employee’s actual hours
that meet the eligibility conditions as stated above. When an employee works a weekend
schedule that crosses shifts, the weekend differential for all hours worked
shall be computed based on the hourly rate applicable to the majority of hours
actually worked. In the event that the
weekend hours worked result in an equal number of hours in different shifts,
the weekend differential for all hours worked shall be computed at the higher
of the applicable differential rates.
Article 12:
With respect to Article 12, RPCI service shall be counted as State service and State service shall be counted as RPCI service.
With respect to Article 12.5(b), substitute the following:
Eligible employees shall receive additional vacation credit on the
date on which they would normally be credited with additional vacation in accordance
with the above schedule and shall thereafter be eligible for additional
vacation credit upon the completion of each additional 12 months of continuous
State and RPCI service.
With
respect to Article 12.15, RPCI employees shall be allowed a maximum of four (4)
professional leave days per year subject to the provisions of Article 12.15.
With
respect to Article 12.19, substitute “Rules and Regulations of the RPCI Merit
Board effective on
With respect to
the MOU on Leave Donation/Exchange Program, the benefit described in the MOU is
available to RPCI employees. However,
RPCI employees may only donate to and receive from other RPCI employees. RPCI employees are not eligible to donate to
or receive from employees who work in agencies of the State of
Article
13:
With respect to Article 13, substitute,
“the State Insurance Fund or the appropriate carrier” for “the State Insurance
Fund.”
Article
16:
In Article 16 substitute the “Merit Board
or its designee” for the “Department of Civil Service.”
Article
17:
With
respect to Article 17, the words “Director of Classification and Compensation”
mean “RPCI Director of Classification and Compensation.”
With
respect to Article 17.1, the last sentence shall be read as follows: “in
accordance with the provisions of the Roswell Park Cancer Institute Corporation
Act, RPCI Merit Board Rules and Regulations, and applicable Civil Service Law,
Rules and Regulations.”
With
respect to Article 17.3(a), the grievance shall be initially filed with the
head of RPCI or a designee, with no simultaneous filing necessary.
Article
25:
With respect to the last sentence of
Article 25.1, “pursuant to Section 3556(8) of the Public Authorities Law and
applicable provisions of the Civil Service Law” shall be substituted for
“pursuant to Section 80 or 80-a of the Civil Service Law.”
Article
31:
With respect to Article 31.1(a) and
31.1(b), delete the last sentence of both subsections.
Article 33:
With respect to
Article 33.5(f)(6), in any cases involving Roswell Park Cancer Institute, the
AAA must appoint the disciplinary arbitrator from a Select Panel of Arbitrators
jointly agreed to by the State and PEF who shall be appointed to those cases on
a rotating basis and shall serve for the term of this Agreement.
With respect to the
Memorandum of Understanding Concerning Performance Evaluation and Advances, Section III (D)(1) and (2),
substitute the following language:
D. Employees whose summary rating is below "Effective" shall be entitled to appeal such rating as described below:
1. To an appeals committee consisting of
three persons, one each designated by RPCI and PEF and the third member by
agreement of RPCI and PEF which shall render a final determination on the
appeal. An appeal to the appeals committee must be submitted within 15 calendar
days of the receipt of the evaluation.
II. RPCI Clinical Practice Plan
1. RPCI shall provide the office space, clinical
support services and facilities for Plan members to perform the professional clinical
practice of medicine or dentistry at no charge to the Plan or to Plan members.
2. The cost of the Plan’s use of facilities at
RPCI for the administrative operations of the Plan shall be considered Plan
expenses and payable from Plan income.
3. Nothing contained in the Plan shall be
construed to allow actions by the Plan which are inconsistent with the mission
of RPCI and with the requirements of applicable statutes, rules or regulations.
4. Policies and procedures consistent with
applicable statutes and the RPCI
Clinical Practice Plan Regulations, which were adopted
5. The Plan shall coordinate the scheduling of
services by Plan members through the RPCI CEO or his/her designee.
B. Governance
1. The Plan shall have a facility-based
Governing Board, which shall consist of seven members. Two members shall be
elected by simple majority vote from the membership of the Plan for a two-year
term. Four members shall be appointed by the RPCI CEO from the membership of
the Plan for a two-year renewable term. The RPCI CEO shall be the seventh
voting member of the Board. Procedures for the election of members of the
Board, which shall provide for secret ballots and equal voting rights for Plan
members, except for associate members, shall be established by the RPCI CEO and
the President of the Medical Staff.
2. The powers and duties of the Governing Board
shall be to establish the administrative and financial direction of the Plan
and to oversee the management of the Plan. This includes at least:
A. the development and promulgation of operating
procedures for the orderly transaction of its functions including, but not
limited to, quorums, officers, and meetings of the Board;
B. the duty to ensure that Plan income is
maintained in separate accounts established by and for the Plan and not
commingled with any other funds;
C. the provision of centralized billing and
collection services for the Plan;
D. the development of policies and procedures for
the maintenance of the special funds required by the Plan;
E. the development of policies and procedures to
ensure proper accounting, auditing and reporting of the collection and
disbursement of Plan income, consistent with Part F of this document.
C. Membership in the Plan
1. Employees
of RPCI who perform the professional clinical practice of medicine or dentistry
for which a fee is customarily paid (except for interns, residents or fellows)
shall be members of the Plan and those members who work 50 percent time or more
at RPCI shall have full voting rights in Practice Plan Governing Board
elections.
2. Other RPCI employees who are
licensed health professionals performing patient care services for which a fee
is customarily paid may, at their request and, upon the approval of the Board
after consultation with the Director of the Governor’s Office of Employee
Relations become Plan associate members without voting rights in Board
elections. Notice of a final determination on any request by an employee for
associate member status shall be provided to the President of PEF or his/her
designee at the same time that notice is provided to the employee.
3. Practice Plan Membership shall
be terminated “for cause” when a Practice Plan member’s clinical privileges or
medical staff membership have been suspended or terminated in writing by the
CEO after an internal RPCI hearing, if requested, pursuant to the RPCI medical
staff bylaws. Termination of clinical privileges or medical staff membership
for any reason shall result in termination of Practice Plan membership.
4. Term appointments for Practice
Plan members who are new employees in the PS&T Unit:
A. Any newly appointed employee
within the PS&T Unit at RPCI eligible to be a member of the Practice Plan
may, at the discretion of the RPCI CEO, be given a term appointment or
consecutive term appointments up to, but not to exceed, a date 30 days prior to
the maximum probation period for that position as provided pursuant to the
Merit Board rules. During such term appointment(s), that employee may not be
removed from employment at RPCI except as provided in Section 4.3(f)(6) of the
RPCI Clinical Practice Plan Regulations, which were adopted
B. This provision does not
constitute a waiver of any of the rights of employees in the PS&T Unit
under the Civil Service Law, the Roswell Park Cancer Institute Corporation Act
or any rules and regulations promulgated pursuant to those laws.
D. Plan Income
1. Plan income is that derived
from fee billing (clinical income) by the Plan for clinical services provided
by Plan members and associate members at or through RPCI.
2. Income received from Health
Research, Inc. as reimbursement to the Practice Plan for services performed by
a member of the Practice Plan in conjunction with grants or contracts of Health
Research, Inc. at RPCI (“grant revenue”) shall be considered Plan income and
shall be earmarked and applied to that member or associate member’s annual
compensation as determined by the CEO. In the event that not all of the
earmarked grant funds are applied to the member’s or associate member’s annual
compensation, the remainder shall be transferred to the RPCI CEO’s Fund and
shall be disbursed at the request of the member or associate member subject to
a determination by the CEO that the disbursement requested is for the benefit
of the academic and research programs at RPCI.
3. In no event shall individual
Plan members or associate Plan members bill separately outside of the Plan for
fees for professional services unless approved by the RPCI CEO and the
Governing Board.
4. State base annual salary, royalties,
prizes and awards for professional excellence, honoraria for lectures and
income unrelated to patient care are not considered Plan income.
E. Compensation
Plan
members shall be eligible to receive compensation from the Plan (subject to the
availability of funds pursuant to Part G of this document) as follows:
1. Base Salary and Supplement
A. Plan members as defined in Part
C.1 of this document shall receive the base salary specified by the State of
B. Eligibility for and the amount
of supplemental compensation above the base level shall be determined by the
RPCI CEO at least once in each calendar year. In determining the total of the
base salary and supplement the RPCI CEO shall also consult with the member’s
Chairperson, and the Senior Vice President for Clinical Affairs or designee and
shall also consider job performance such as: (1) the extent and quality of
clinical research, educational and administrative activities; (2) academic and
scholarly productivity as measured by the quality of publications, success in
obtaining peer reviewed grants and recognition by the scientific community
outside of RPCI; (3) effectiveness of interactions with other Institute
departments and disciplines that promote progress in areas of high priority to
the Institute; (4) service on Institute committees, participation in community
outreach and other professional services to the community; and (5) performance
in leadership roles that foster the goals of the Institute.
Each
member shall be provided with an annual written statement setting the allowable
compensation that member may earn, including State base annual salary and
supplement from Plan income.
C. Other RPCI employees who are
Plan associate members, as defined in Section C (2) of this document, may
receive, in addition to State base annual salary, Plan supplement sufficient,
when added to the State base annual salary, to be competitive with salaries of
persons performing the same or comparable patient care duties in Western New
York State.
D. Insufficient Plan Income.
In
the event Practice Plan income is insufficient to assure payments of the
supplemental income to
all members entitled to such payment, such supplemental compensation may be
reduced in accordance with the provisions of Section 4.3(e)(iii) of the RPCI
Clinical Practice Plan Regulations, which were adopted
2. Maximum Compensation
A. Part C (1) Plan members will
also be eligible for compensation to a maximum level which includes the base
plus supplemental income. The maximum compensation for eligible Plan members
shall not exceed the 80th percentile of the compensation levels for full-time faculty
rank in the same or comparable professional discipline receiving base and
supplemental components for the Northeastern Region of the
B. Eligibility for and the amount
of the maximum compensation shall be determined by the RPCI CEO at least once
in each calendar year using the same criteria specified in Section E.1.B, and
evaluation of external market considerations and other appropriate criteria.
Particular emphasis may be placed on the quality and extent of clinical
activities.
3. Fringe
A. The Governing Board of the Plan
shall recommend fringe benefit policies which it determines are in the best
interests of the Plan to be paid from Practice Plan income for approval by the
Finance Committee of the Board of Directors of RPCI after consultation with the
Director of the Governor’s Office of Employee Relations. Plan members are also
entitled to the fringe benefits provided by law, rule, regulation or the
applicable collective bargaining agreement, except that Plan members may elect
to join the SUNY optional retirement program under the conditions established
by Public Health Law Article Section 206 (14) as amended in 1992.
B. Notice of any changes in fringe
benefits available to Plan members to be paid from Plan income shall be
provided to the President of PEF or his/her designee at the same time notice is
provided to Plan members.
F. Accounting, Auditing and Reporting
Requirements
1. The Plan shall have a central
billing and accounting system. The accounting system shall record transactions
and develop financial reports involving the collection and disbursement of Plan
income in accord with generally accepted accounting principles.
2. The Plan shall have a financial
reporting system under which all accounts and financial reports shall be
available in accordance with the Roswell Park Cancer Institute Corporation Act
and applicable regulations.
3. The Plan shall provide each member
with a quarterly report of the amounts billed as a result of the individual
member’s clinical practice.
4. The Plan shall be audited
annually by an independent certified public accountant chosen by the Governing
Board, to determine whether the operations of the Plan have been conducted in
accordance with generally accepted accounting principles, to ensure the
provisions of the Plan for the management and disbursement of Plan income have
been followed and to ensure that supplementary guidelines for disbursement of
clinical practice income have been followed.
5. The Governing Board shall make
available for inspection a copy of the annual audit to each member of the Plan.
G. Plan Income Disbursement
Plan
income shall be disbursed in the following priority order, subject to the
availability of funds sufficient for each purpose:
1. Five percent of the gross
clinical practice income collected by the Plan shall be deposited into a fund
established by the Plan entitled “RPCI CEO’s Fund.” Disbursements from this
fund shall be at the discretion of the RPCI CEO for the benefit of clinical,
research and academic programs at RPCI.
2. Payment of administrative
expenses of the Plan in accordance with the Plan’s administrative budget to
include but not limited to, where applicable, rent, equipment and supplies,
telephones, the Plan’s billing and collection services and other contractual
services and the Plan’s audit expenses.
3. Payments to members in
accordance with Section E.1.A. and E.1.B. above and to associate members in
accordance with Section E.1.C. above.
4. Payment
to members in accordance with Section E.2.A. above. No such payments shall be
made until the annual audit is complete.
5. Capital Costs of the Plan as
established by the Governing Board of the Plan.
6. After payment of all costs
listed above, the residual funds shall be deposited in the “RPCI Development
Fund.” The funds shall be used for academic development purposes, such as the
purchase of professional journals, travel and research and teaching support,
but not for salary supplementation, pursuant to a list of bona fide uses of
these funds developed by the Governing Board. No disbursements shall be made by
the Plan from this fund until the fiscal year is closed and the annual audit is
completed. Disbursement of such funds shall be at the discretion of the RPCI
CEO (50 percent) and the Department chairpersons (50 percent); allocations
among Department chairpersons shall be in proportion to the revenues generated
by each of the Departments.
H. Grievance Procedures
1. Appeals of Disputed Salary Determinations
A. PS&T Unit Practice Plan members may appeal
an unsatisfactory salary determination made pursuant to Part E of this side
letter under the following procedure.
B. A three (3) member committee consisting of one
(1) board member selected by the RPCI CEO, one (1) board member selected by the
appellant and one (1) Practice Plan member physician mutually agreed upon by
the RPCI CEO and the appellant, shall consider the appeal, submitted either
orally or in writing, and make a written recommendation to the RPCI CEO. A copy
of that recommendation will be provided to the appellant at the same time it is
provided to the RPCI CEO.
C. The RPCI CEO shall, within 20 working days of
receipt of the committee’s recommendation, either accept or reject the
recommendation and notify the committee and the appellant of his/her decision.
D. A unanimous recommendation of this committee
which is accepted by the RPCI CEO is final and may not be further appealed.
E. A unanimous recommendation which is rejected
by the RPCI CEO or a recommendation of the committee which is not unanimous may
be appealed, in writing, to the Finance Committee of the Roswell Park Cancer
Institute Corporation Board of Directors.
The written determination of the Finance Committee is not subject to the
grievance and arbitration procedures of Article 34 of the State/PEF Agreement
and will constitute the final determination.
2. Non-Salary
Disputes
Non-salary disputes are
subject to the non-contract grievance procedures and shall not be arbitrable.
III. Supplemental and Bonus Compensation
A.
Supplemental and Bonus Compensation for Faculty Level Research
Scientists:
1. Affiliate Members, Assistant Members,
Associate Members, Members (hereinafter Members) and Facility Directors shall
be eligible to receive supplemental compensation as follows:
a. In addition to base salary, Members and Facility
Directors may receive supplemental compensation up to or equal to 50 percent of
the individual’s base annual salary.
Such supplemental compensation shall be paid on a biweekly basis and
included in the Member’s and Facility Director’s regular paycheck.
b. Eligibility for and the amount of supplemental
compensation shall be determined by the RPCI CEO.
c. The RPCI CEO shall annually evaluate whether
supplemental compensation shall be awarded, and if so, in what amount. The RPCI CEO shall consult with the
Chairperson or Chairpersons if appropriate, and the Senior Vice President for
Scientific Affairs, and shall consider one, some or all of the following
factors:
(i)
the extent
and quality of research, educational and administrative activities;
(ii)
grants
received;
(iii)
academic and
scholarly productivity as measured by quality of publications, success in
obtaining peer-reviewed grants and recognition by the scientific community
outside RPCI;
(iv)
effectiveness
in promoting progress in areas of research that are of high priority to RPCI;
(v)
performance in
leadership roles that advance the goals, purpose and mission of RPCI; and/or
(vi)
recruitment
or retention needs.
d. Members and Facility Directors may appeal an
unsatisfactory supplemental compensation determination under the following
procedure:
(i)
A three (3)
Member committee consisting of one (1) Member selected by the RPCI CEO, one (1)
Member selected by the appellant and one (1) Member mutually agreed upon by the
RPCI CEO and the appellant, shall consider the appeal, submitted either orally
or in writing, and make a written recommendation to the RPCI CEO. A copy of
that recommendation will be provided to the appellant at the same time it is
provided to the RPCI CEO.
(ii)
The RPCI CEO
shall, within 20 working days of receipt of the committee’s recommendation, either
accept or reject the recommendation and notify the committee and the appellant
of his/her decision.
(iii)
A unanimous
recommendation of this committee which is accepted by the RPCI CEO is final and
may not be further appealed.
(iv)
A unanimous
recommendation which is rejected by the RPCI CEO or a recommendation of the
committee which is not unanimous may be appealed, to the Finance Committee of
the Roswell Park Cancer Institute Corporation Board of Directors.
(v)
The
determination of the Finance Committee is not subject to the grievance and
arbitration procedures of Article 34 of the State/PEF Agreement and will
constitute the final determination.
2. Affiliate
Members, Assistant Members, Associate Members, Members (hereinafter Members)
and Facility Directors shall be eligible to receive bonus compensation as
follows:
a. Bonus compensation for exceptional performance may not
exceed 20 percent of any individual’s base salary.
b. Eligibility for and the amount of bonus compensation
shall be determined annually by the RPCI CEO and shall be based on:
(i)
exceptional
research, academic or scholarly accomplishments; and/or,
(ii)
unusual
success in obtaining grants and/or generating grant-based income.
c. The RPCI CEO shall consult with the Chairperson or Chairpersons
if appropriate, and the Senior Vice President for Scientific Affairs in
awarding bonus compensation.
3. Section III(A), regarding whether to grant supplemental or bonus compensation and/or the amount of the supplemental or bonus compensation, is not subject to the grievance and arbitration procedures of Article 34 of the State/PEF Agreement.
Where
circumstances regarding recruitment or promotion of a particular employee or
employees warrant, RPCI may offer a recruitment or promotion bonus, not to
exceed 20 percent of base annual salary, which will be paid as a lump sum in
addition to base salary within the first three months of employment or the
first three months of the promotion with RPCI. This Section B regarding
recruitment or promotion bonuses shall not be subject to the grievance and
arbitration procedures of Article 34 of the State/PEF Agreement.
President
Public Employees Federation, AFL-CIO
Dear
During the negotiations of Appendix
VII to the 1999-2003 Agreement, a dispute arose between the parties as to the
appropriate application of Article 25 to PS&T Unit members at RPCI. Specifically, the parties disagreed regarding
whether employees hired after
So
as to bring negotiations on the balance of Appendix VII to conclusion, the
parties have agreed to disagree on this issue and have further agreed that no
position taken or proposal made by either party during these negotiations shall
be raised against the other as an admission that either party agrees with the
other party’s interpretation of Article
25 and/or its appropriate application to RPCI employees hired after January 1,
1999.
Sincerely,
Executive Deputy Director
Governor’s Office of Employee Relations
Countersigned for PEF:
President
P.O. Box 12414
Dear
During the negotiation of the
2003-2007 Agreement between the State of
· Discuss the eligibility of other clinical care titles to receive shift
differentials and/or weekend differentials at the rate established in this
Appendix, Section 1.
· Discuss the hourly rate of pay for shift differentials and/or weekend
differentials established in this Appendix, Section 1.
· Review the current performance evaluation form and/or performance evaluation
system as it applies to the scientific faculty and discuss development of
and/or modification to such performance evaluation form and/or system.
· Discuss the issue of individual and team-based approaches to
supplemental and bonus compensation.
· Discuss the issue of paying Registered Nurses in accordance with the “8
and 80” provision of Section 207(j) of the Fair Labor Standards Act (FLSA).
All recommendations for
modifications and/or changes made through this labor/management process cited herein
must be presented to the Governor’s Office of Employee Relations and the
President of the Public Employees Federation, or their designees, for their
joint review and approval before implementation.
Sincerely,
Executive Deputy Director
Countersigned for
PEF:
President
Public Employees Federation, AFL-CIO
Dear
Although the current insurance carrier for
Workers’ Compensation
The parties agree to meet as soon as practicable with representatives from Roswell Park Cancer Institute and the insurance carrier to ensure that the benefits provided by the insurance carrier are pursuant to the provisions of Article 13.
Sincerely,
Executive Deputy Director
Governor’s Office of Employee Relations
Countersigned for PEF:
President