Article 22
Protection of Employees
22.1(a) There shall be no loss of present employment by permanent employees as a result of the State's exercise of its right to contract out for goods and services.
22.1(b) Notwithstanding the provisions of Article 22.1(a), permanent employees affected by the State's exercise of its right to contract out for goods and services will receive 60 days written notice of intended separation and will be offered a redeployment option as provided for in Appendix VI(A), but where such redeployment option is not able to be offered and where no displacement rights as provided for in Civil Service Law Sections 80 and 80-a are available, the affected permanent employee will be offered the opportunity to elect one of the following transition benefits:
(i) a financial stipend for an identified retraining or educational opportunity as provided for in Appendix VI(B); or
(ii) severance pay as provided for in Appendix VI(C); or
(iii) the employee opts for and obtains preferential employment with the contractor at the contractor's terms and conditions, if available.
22.1(c)(1) The transition benefits set forth above shall not apply to an affected permanent employee, and the State's obligation under this Article to said employee shall cease, if an affected permanent employee declines a primary redeployment opportunity as provided for in Appendix VI(A), or if the affected permanent employee declines a displacement opportunity pursuant to his/her displacement rights as provided for in Civil Service Law Sections 80 and 80-a, in his/her county of residence or county of current work location.
22.1(c)(2) An affected permanent employee who elects a transition benefit as provided for in Article 22.1(b) above, shall be eligible for placement on preferred lists and reemployment rosters as provided for in Civil Service Law Sections 81 and 81-a and other applicable Civil Service Laws, Rules and Regulations.
22.2 No permanent employees will suffer reduction in existing salary as a result of reclassification or reallocation of the position they hold by permanent appointment.
22.3(a) A State/PEF Employment Security Committee shall be established. The purpose of the Committee shall include, but not be limited to: study and attempt to resolve matters of mutual concern regarding work force planning; to participate in the development and implementation of strategies to provide continuity of employment and, when displacement of employees occurs, to participate in the development and implementation of strategies to ease the impact of such displacement. The Committee shall also review matters relative to redeployment of employees affected by the State's exercise of its right to contract out including, but not limited to: comparability determinations; vacancy availability; information sharing in hiring and redeployment; dispute resolution; Civil Service layoff procedures; and hardship claims from individual employees in the redeployment process. The Committee shall explore the viability of expanding the redeployment concept to other reductions in force. The Committee is not intended to be policy making or regulatory in nature, rather it is intended to be advisory on matters of work force planning.
(b) The Committee shall meet at least bimonthly unless the parties agree that such frequency is unnecessary. The Committee shall establish by agreement such operating procedures as it deems necessary to conduct its activities.
(c) The Committee shall use such funds as are made available to it by the Professional Development and Quality of Working Life Coordinating Committee for the study and analysis of programs or activities that can be utilized to avoid displacement of employees or to ease the impact of such displacement. When instances of possible displacement occur, the Committee shall recommend that these or other activities be undertaken and shall use such funds as are made available for such purposes by the Professional Development and Quality of Working Life Coordinating Committee to undertake such activities.
(d) In recognition that employment security and/or continuity are matters that may affect employees across negotiating unit lines, the Committee shall, where appropriate, act cooperatively with employment continuity committees established jointly by the State and other unions.
(e) The parties agree that the matter of the configuration of layoff units is an appropriate subject for discussion by the Committee.