Redeployment Process and Procedures
Article 22 Employment Security
1. Redeployment Process and Procedures
4. Grievability and Dispute Resolution
A. REDEPLOYMENT PROCESS AND PROCEDURES
This process and procedure is developed to support the provisions of Article 22 regarding the redeployment of permanent employees impacted by the State's right to contract out for goods and services.
It is the State's intent to redeploy employees directly affected to the maximum extent possible in instances where the positions will be eliminated as a result of the contracting out for goods and services. All agencies will work cooperatively to ensure that every opportunity to redeploy is explored. Employees will be flexible in considering redeployment alternatives.
(1) General Redeployment Rules and
Definitions
(A) Rules
1. (a) All permanent employees whose functions will be contracted out will be placed on a redeployment list with the employee's eligibility remaining in effect until the employee is redeployed, exercises his/her reemployment rights, or is separated pursuant to the provisions of Article 22.1. However, such list, established pursuant to the intended contracting out of the specific function, will expire when all employees on that list are either redeployed, exercise their reemployment rights, or are separated pursuant to Article 22.1. In the event that not all employees in an affected title in a layoff unit must be redeployed, eligibility for retention shall be based on seniority as defined in Section 80 and 80-a of the Civil Service Law, except that employees in such affected titles may voluntarily elect to be redeployed. In the event that more employees elect redeployment than can be accommodated, eligibility for redeployment shall be in order of seniority as defined in Section 80 and 80-a of this law. The names of persons on a redeployment list shall be certified for redeployment in order of seniority.
(b) Should an employee not be redeployed prior to separation, that employee shall continue on a redeployment list after separation for a period not to exceed six months or until the employee is redeployed or exercises his/her reemployment rights.
A redeployment list comprised of separated employees shall be certified to positions occupied by non-permanent employees pursuant to Civil Service procedures, prior to the certification of other reemployment lists.
It is anticipated that, based on Civil Service practice, redeployment lists will be certified against non-permanent appointees within 30-45 days of separation.
2. Redeployment under the terms of Article 22 shall not be used for disciplinary reasons.
3. The State shall make its best efforts to arrange with other non-executive branch agencies, authorities and other governmental entities to place the affected permanent employee should redeployment in the classified service not be possible.
4. Agencies with authority to fill vacancies will be required to use the redeployment list provided by the Department of Civil Service to fill vacancies. A vacancy in any State department or agency shall not be filled by any other means, except by redeployment, until authorized by the Department of Civil Service.
5. Employees offered redeployment shall have at least five (5) working days to accept or decline the offer.
6. Full-time employees will be redeployed to full-time assignments and part-time employees will be redeployed to part-time assignments, unless the employee volunteers otherwise.
7. Redeployment opportunities within the PS&T Unit shall
first be offered to affected employees in the
8. There shall be the following types of redeployment:
(a) Primary redeployment shall mean redeployment to the employee’s current title or a title determined by the Department of Civil Service to have substantially equivalent tests, qualifications or duties. Comparability determinations shall be as broad as possible and will include consideration of the professional licenses or educational degrees required of the incumbents of the positions to be contracted out.
(b) Secondary redeployment shall be to a title for which the employee qualifies by virtue of his/her own background and qualifications. Participation shall not be mandatory for either party. If an individual employee is interested in secondary redeployment, the State shall work with that employee to identify suitable available positions and arrange for placements. Should the Department of Civil Service determine that an employee can be certified for appointment to a particular job title, such employee shall be placed on the appropriate reemployment roster immediately upon such determination. Appointments from such reemployment rosters shall be governed by Civil Service Law. The State shall make its best efforts to identify suitable available positions and arrange for placements. Secondary redeployment shall not be considered until primary redeployment alternatives are fully explored.
(c) Employees not successfully redeployed through their primary and secondary redeployment options may be temporarily appointed to positions in which they are expected to be qualified for permanent appointment within nine (9) months. At the discretion of the appointing authority and the Department of Civil Service, this period may extend to one year. Participation shall not be mandatory for either party.
When the employee completes the necessary qualification(s) for the position, such employee shall be permanently appointed to the position pursuant to Civil Service Law, Rules and Regulations.
If the employee fails to complete the required qualification(s) for the position, fails the required probation, or is otherwise not appointable, the employee's transition benefits shall be subject to the provisions of subsection 14(d) below.
In the event an employee completes the qualification(s) but is unappointable because of the existence of a reemployment list, that employee shall be placed on the reemployment roster for the title in question.
If the trainee employee is appointed pursuant to the foregoing to a higher level position, the employee shall retain his/her present salary while in a trainee capacity.
If the trainee employee is appointed pursuant to the foregoing to a lower level position, a trainee salary rate appropriate to the new position will be determined at the time of appointment.
(d) Employees who are redeployed to comparable titles or through secondary redeployment in a lower salary grade shall be placed on reemployment lists.
9. Agencies with employees to be redeployed shall notify the Department of Civil Service of the name, title and date of appointment of affected employees at least 90 days prior to the effective date of the contract for goods and services which makes redeployment necessary. If more than 90 days notice is possible, such notice shall be provided. Agencies shall be responsible for managing the redeployment effort in conjunction with the Department of Civil Service. Employees to be redeployed shall be notified by their agency at the same time as the agency notifies the Department of Civil Service.
10. Primary redeployment to current or comparable titles shall be accomplished without loss to the redeployed employee of compensation, seniority or benefits (except as benefits other than base salary are affected by new bargaining unit designations). Future increases in compensation of employees redeployed to comparable titles shall be determined by the position to which the employee is redeployed. Subsequently negotiated salary increases shall not permit an employee to exceed the job rate of the new position.
11. Salary upon secondary redeployment shall be that appropriate for the salary grade to which the employee is redeployed, as calculated by the Office of the State Comptroller and/or the Director of Classification and Compensation, as appropriate.
12. An employee may elect redeployment to any county in
13. Any fees required by the Agency or the Department of Civil Service upon the redeployment of an employee shall be waived. Redeployed employees who qualify for moving expenses under the State Finance Law, Section 202, and the regulations thereunder, shall be entitled to payment at the rates provided in the Rules of the Director of the Budget (9 New York Code of Rules and Regulations, Part 155).
14. Probation
(a) Permanent non-probationers redeployed to positions in their own title or to titles for which they would not be required to serve a probationary period under applicable Civil Service Law and Rules shall not be subject to further probation.
(b) Probationers redeployed to positions in their own title shall serve the balance of their probationary period in the new agency.
(c) Employees redeployed to comparable titles for which they would be required to serve a probationary period under applicable Civil Service Law and Rules or under secondary redeployment shall be subject to a probationary period in accordance with the Rules for the Classified Service.
(d) Employees who fail probation shall be eligible for layoff and preferred list rights in their original titles. Additionally, such employees who fail probation shall have an opportunity to select either the transition benefit of an Educational Stipend as set forth in Appendix VI(B), or the Severance Option as provided for in Appendix VI(C). The value of the salary earned during the redeployed employee's probation (or in connection with 8(c) above) shall be subtracted from
the value of the transition benefit, VI(B) or VI(C), chosen by the employee.
(B) Definitions
1. "Seniority" shall be determined by Section 80 and Section 80-a of the Civil Service Law.
2. In the event that two or more employees have the same seniority date, the employee with the earliest seniority date in an affected title shall be deemed to have the greater seniority. Further tie breaking procedures shall be developed by the Committee and applied consistently.
(1) Eligibility
a. The Education Stipend shall solely apply to permanent employees who are eligible as per Article 22.1, who have agreed to accept the terms as set forth herein and have been notified of their acceptance by the State.
b. Employees who have exercised one of the options described in Section 22.1(b)(ii), (iii) of the Agreement and related Appendices shall be ineligible for the Education Stipend set forth herein.
(2) Stipend
An employee may elect to receive an Education Stipend for full tuition and fees at an educational institution or organization of the employee's choosing to pursue course work or training offered by such institution or organization provided, however, that the employee meets the entrance and/or course enrollment requirements. The maximum stipend cannot exceed the one year (two semesters) SUNY tuition maximum for Resident Graduate Students. Such tuition will be paid by the State directly to the institution in which the employee is pursuing course work, subject to certification of payment by the agency of the employee's training plan.
(3) Health Insurance
A permanent affected employee who elects the Education Stipend and is separated shall continue to be covered under the State Health Insurance Plan at the same contribution rate as an active employee for one year following such separation or until reemployment by the State or employment by another employer, whichever occurs first.
(1) Definitions
a. The terms "affected employee" and "affected
employees" shall refer to those employees of the State of
b. The term "Service" shall mean an employee's
State service as would be determined by the retirement system, regardless of
jurisdictional class or civil service status. If the State can verify an
employee’s claim that his/her “State service,” as determined by the New York
State Employee Retirement System, is not complete because the employee was not
a member of the New York State Employee Retirement System, the employee shall
have that verifiable service credit added to the New York State Employee
Retirement System “service” determination for purposes of establishing their
severance pay entitlement.
(2) Eligibility
a. The severance benefits provided by this Severance Option shall apply solely to permanent employees who are eligible pursuant to Article 22.1, and
b. who have agreed to accept the terms as set forth herein; have been notified of their acceptance by the State; have executed a Severance Agreement; and are subject further to the limitations set forth in (2)c. below.
c. Employees who have declined a primary redeployment opportunity in county of residence, or county of work location or exercise one of the options described in 22.1(b)(i) or (iii) shall be ineligible for the severance benefits set forth in this Severance Option.
(3) Payment Schedule
a. Other than those covered under b. below, all affected employees with at least six (6) months, but less than one year of service are eligible to receive $2,000 or two weeks' base pay, whichever is greater.
Each additional year of service will result in a $600 increase per year to a maximum of $15,000. However, employees in the following categories will receive the amount specified below if that amount exceeds that which would be otherwise payable.
|
One (1) year of service, but less than three (3) years of service…………. |
Four (4) weeks of Base Pay |
|
Three (3) years of service, but less than five (5) years of service…………... |
Six (6) weeks of Base Pay |
|
Five (5) years of service, but less than ten (10) years of service………….. |
Eight (8) weeks of Base Pay |
|
Ten (10) years of service, but less than fifteen (15) years of service……… |
Ten (10) weeks of Base Pay |
|
Fifteen (15) years of service, but less than twenty (20) years of service……… |
Twelve (12) weeks of Base Pay |
|
Twenty (20) or more years of service……… |
Fourteen (14) weeks of Base Pay |
b. Affected employees 50 years of age or over may choose the schedule in a. above or the following at their option:
· Employees with ten (10) years of service, but less than fifteen (15) are eligible to receive 20 percent of base annual salary;
· Employees with fifteen (15) years of service, but less than twenty (20) are eligible to receive 30 percent of base annual salary;
· Employees with twenty (20) years of service, but less than twenty-five (25) are eligible to receive 40 percent of base annual salary;
· Employees with twenty-five (25) years of service or more are eligible to receive 50 percent of base annual salary.
(4) Payment Conditions
a. All payments made to affected employees under the Severance Option shall be reduced by such amounts as are required to be withheld with respect thereto under all federal, state and local tax laws and regulations and any other applicable laws and regulations. In addition, the severance payment made pursuant to Section 3 of this Severance Option shall not be considered as part of salary or wages for the purposes of determining State and member pension contributions and for the purposes of computing all benefits administered by the New York State Employees Retirement System.
b. All payments made to affected employees under this Severance Option are considered to be one-time payments and shall not be pensionable. Each affected employee must execute a Severance Agreement (attached hereto) prior to separation from State service in order to be eligible to receive said payment.
c. In no event shall an affected employee who returns to State service receive severance pay in an amount that would exceed that which he or she would otherwise have received as base annual salary during the period of separation from State service. Should the severance pay exceed the amount of base annual pay otherwise earned during the period of separation from State service, said employee shall repay the difference pursuant to the following rules:
i. Any affected employee who resumes State service shall repay such excess payments received within one (1) year of the employee's return to payroll, by payroll deductions in equal amounts.
ii. Nothing in this Section 4.c shall affect the State's right to recover the full amount of the monetary severance payment by other lawful means if it has not recovered the full amount by payroll deduction within the timelines herein.
(5) Health Insurance
A permanent affected employee who elects the Severance Option and is separated shall continue to be covered under the State Health Insurance Plan at the same contribution rate as an active employee for one (1) year following such separation or until reemployment by the State or employment by another employer, whichever occurs first.
(6) Savings Clause
If any provision of this Severance Option is found to be invalid by a decision of a tribunal of competent jurisdiction, then such specific provision or part thereof specified in such decision shall be of no force and effect, but the remainder of this Severance Option shall continue in full force and effect.
D.
GRIEVABILITY AND DISPUTE RESOLUTION
(1) The application of terms of the Appendix shall be grievable only up to Step Three of the provisions of Article 34 (Grievance and Arbitration Procedure).
(2) Disputes raised to the Step Three level will be reviewed by the Employment Security Committee for attempted resolution. If a decision must eventually be rendered and no resolution is agreed to, the decision shall be issued pursuant to the procedures outlined in Article 34.1(b).
I hereby apply for the severance benefits as described in the
Severance Option (Appendix VI(C) to the 2003-2007 Collective Bargaining
Agreement) and agree to accept such benefits if my application is approved by
the State of
I understand that by accepting these severance benefits, I agree to be bound by the terms and conditions set forth in Appendix VI(C), which is incorporated herein by reference. These terms and conditions include the following:
I understand that I shall not be required to make any payment on account of the monetary severance payment and/or any other benefits I receive pursuant to this agreement into any Retirement or Pension System or Plan of which I am or may become a member, nor shall any such payment be permitted.
I understand that the State of
I understand that any monetary severance payment and/or other benefits paid to me pursuant to this agreement shall not be considered in computing the amount of benefits or allowances to which I or my beneficiaries or heirs may be entitled under any Retirement or Pension System or Plan of which I am or may hereafter become a member.
I understand that, in exchange for my agreement to all the terms and conditions set forth in Appendix VI(C), the State will do the following:
The State will pay me a monetary severance payment in the amount determined in accordance with my length of service, as described in Appendix VI(C).
This written agreement, including Appendix VI(C) referenced
herein, contains all the terms and conditions agreed upon by the parties. In
the event that the terms of this agreement conflict with the 2003-2007
Collective Bargaining Agreement between the State and the Public Employees
Federation, the terms of the 2003-2007 Collective Bargaining Agreement shall
prevail. I accept the severance benefits as described in Appendix VI(C) to the
2003-2007 Collective Bargaining Agreement between the Public Employees
Federation and the State of
Please print:
________________________________
Employee's Name
________________________________
Employee's Social Security No.
________________________________
Employee's Agency
________________________________
Employee's Civil Service Title
________________________________
Signed
________________________________
Date
Sworn to before me this
______day of ___________________, 200__
_____________________________________
Notary Public
President
Public Employees Federation, AFL-CIO
Dear
When contracting out for services currently performed by employees represented by the Public Employees Federation (PEF) is under consideration, and may result in position abolition, the process outlined herein shall be followed in order to inform PEF and allow for full discussion of alternatives.
Where the State determines that contracting out for services currently performed by PEF-represented employees may be plausible, the State, through the Governor's Office of Employee Relations, shall notify PEF by personal delivery or Certified Mail, Return Receipt Requested.
A copy of the specifications which may appear in an ultimate Request for Proposal shall be provided with the notification, or as soon as possible thereafter, however, such specifications shall be provided no later than 90 days prior to an award of any contract. PEF shall have 10 calendar days to request to meet and confer on the State's intent. Such meeting and discussion must be conducted within 15 calendar days of receipt of PEF's request.
In addition to bid specifications, during the period the parties are meeting, PEF shall be provided with descriptions of goods or services proposed to be provided by vendors or providers, the estimated anticipated cost of the contract and the estimated cost of doing the work in-house, and the resulting Request for Proposal.
PEF shall have the opportunity to provide written alternatives to the proposed contracting out. Should PEF choose to use this opportunity, alternatives must be provided to the State, in writing, within 45 calendar days of the commencement of discussion in order to have the alternatives considered.
If the written alternatives presented by PEF are rejected, PEF must be apprised of the reasons in writing, within 10 calendar days of receipt. If the written alternatives presented by PEF are accepted, and such action affects terms and conditions of employment, the State and PEF through the Governor's Office of Employee Relations shall develop a Memorandum of Understanding that can override contrary existing Collective Bargaining Agreement provisions in order to make the alternatives acceptable.
Sincerely,
Executive Deputy Director
Governor's Office of Employee Relations
Countersigned for PEF:
President
President
Public Employees Federation, AFL-CIO
Dear
This will continue and confirm our understanding in connection with redeployment activities pursuant to Article 22 and Appendix VI (A) of the 1995-1999 State/PEF Agreement.
In the event of a hiring freeze, should the State proceed with contracting out initiatives, the State will exempt the filling of vacancies by redeployment of affected employees from such hiring freeze in order to facilitate placement.
Sincerely,
Executive Deputy Director
Governor's Office of Employee Relations
Countersigned for PEF:
President
President
Public Employees Federation, AFL-CIO
Dear
This will continue and confirm the understanding reached during negotiations of the 1995-1999 State/PEF Agreement regarding transition benefit (iii) of Article 22.1(b)-preferential employment with the contractor.
In an effort to create possible placement opportunities with the contractor, the State will include as part of the request for proposal a requirement that the contractor give preferential consideration to affected employees for positions with the contractor, if available.
The contracting agency shall be responsible for making affected employees aware of job opportunities with the contractor which could include providing names of interested employees to the contractor, arranging interviews, and otherwise provide information and assistance regarding contractor hiring, until such time as either the affected employees have gained employment with either the State or the contractor or have selected and received a transition benefit from Article 22.1(b).
Pursuant to Section 4-a of Chapter 315 of the Laws of 1995, employees may exercise their option to accept preferential employment with the contractor without violating the revolving door provisions of the State Ethics Law.
In addition, while transition benefit (iii) of Article 22.1(b) is intended as a benefit available prior to layoff to avoid any break in employment, the parties recognize that job offers might be extended by the contractor to affected employees at some point after their layoff from State service, and after their receipt of either transition benefit (i) or (ii). In such circumstances, affected employees may accept such job offers and will be covered by the provisions of Section 4-a of Chapter 315 of the Laws of 1995.
Sincerely,
Executive Deputy
Governor's Office of Employee Relations
Countersigned for PEF:
President