Article 4
Employee Organization Rights
4.1 Exclusive Negotiations with PEF
The State will not negotiate or meet with any other employee organization with reference to terms and conditions of employment of employees. When such organizations, whether organized by the employer or employees, request meetings, they will be advised by the State to transmit their requests concerning terms and conditions of employment to PEF and arrangements will be made by PEF to fulfill its obligation as a collective negotiating agent to represent these employees and groups of employees.
4.2 Payroll Deductions
PEF shall have exclusive payroll deduction of membership dues and premiums for group insurance and mass-merchandised automobile and homeowners’ and other insurance policies sponsored by PEF for employees and no other employee organization shall be accorded any such payroll deduction privilege. The State shall provide for payroll deduction of employees’ voluntary contributions to the New York State Public Employees Federation Committee on Political Education (PEF/COPE) in accordance with the conditions established in the parties’ October 17, 1986 Agreement.
4.3 Bulletin Boards
(a) The State shall provide a reasonable amount of exclusive bulletin board space in an accessible place in each area occupied by a substantial number of employees for the purpose of posting bulletins, notices and material issued by PEF, which shall be signed by the designated official of PEF or its appropriate division. No such material shall be posted which is profane or obscene, or defamatory of the State or its representatives, or which constitutes election campaign material for or against any person, organization or faction thereof. No other employee organization except employee organizations which have been certified or recognized as the representative for collective negotiations of other State employees employed at such locations shall have the right to post material upon State bulletin boards.
(b) The number and location of bulletin boards as well as arrangements with reference to placing material thereon and removing material therefrom shall be subject to mutual understandings at the departmental or agency level, provided, however, that any understanding reached with respect thereto shall provide for the removal of any bulletin or material objected to by the State which removal may be contested pursuant to the contract grievance procedure provided for herein. Access to electronic bulletin boards shall be provided pursuant to the side letter on Electronic Communication entered into by the parties.
4.4 Meeting Space
(a) Where there is appropriate available meeting space in buildings owned or leased by the State, it shall be offered to PEF from time to time for specific meetings provided that (1) PEF agrees to reimburse the State for any additional expense incurred in the furnishing of such space, and (2) request for the use of such space is made in advance, pursuant to rules of the department or agency concerned.
(b) No other employee organization, except employee organizations which have been certified or recognized as the representative for collective negotiations of other State employees, shall have the right to meeting space in State facilities.
(c) Where appropriate space is available the State shall provide such space at State facilities for the conduct of PEF division elections, provided that the conduct of such elections will not interfere with normal State operations. Arrangements for such space shall be subject to mutual understandings at the departmental or agency level.
4.5 Access to Employees
(a) PEF representatives shall, on an exclusive basis, have access to employees during working hours to explain PEF membership, services and programs under mutually developed arrangements with department or agency heads. Any such arrangements shall insure that such access shall not interfere with work duties or work performance. Such consultations shall be no more than 15 minutes per employee per month, and shall not exceed an average of 10 percent per month of the employees in the operating unit (e.g., institution, hospital, college, main office or appropriate facility) where access is sought.
(b) Department and agency heads may make reasonable and appropriate arrangements with PEF whereby it may advise employees of the additional availability of PEF representatives for consultations during non-working hours concerning PEF membership, services and programs.
(c) Access to employees for purposes related to grievances and discipline is provided in Section 4.7 of the Agreement.
4.6 Lists of Employees
The State, at its expense, shall furnish the President of PEF, on at least a quarterly basis, information showing the name, address, unit designation, social security number and payroll agency of all new employees and any current employee whose payroll agency or address has changed during the period covered by the report.
4.7 Employee Organization Leave
(a) The State shall grant a total of 400 days of Employee Organization Leave during each year of this Agreement for the use of employees for attendance at PEF Executive Board meetings or PEF Committee meetings. Within 30 days of the execution of this Agreement, PEF shall provide the State with a list of committees and boards in the categories described above along with the names and work locations of employees appointed to those committees and boards. Only employees so designated shall be entitled to authorized employee organizational leave for the committees and boards provided as required above. PEF shall notify the State in writing of any additions or deletions of committees and boards and/or employees assigned to those committees and boards. PEF may also request, in advance, Employee Organization Leave for nondesignated employees to participate in activities of the committees and boards. Failure to designate employees as provided herein can result in the forfeiture of Employee Organization Leave for the desired purpose at the State’s discretion.
The use of such leave shall be granted to individual employees designated in advance by PEF, on the dates specified by PEF, contingent on the State’s advance receipt of requests for such leave and designation of individual employees, and to the extent that the resulting absences of any individual employee will not unreasonably interfere with an agency’s operations. Procedures for the advance request for the use of such leave and advance designation of employees, and for the recording of the use of leave and maintaining of the remaining balance, shall be by means mutually agreed to by the Director of the Governor’s Office of Employee Relations and the President of PEF.
(b) The State shall grant Employee Organization Leave for one PEF delegate meeting in each year of this Agreement. Such Employee Organization Leave shall be limited to three (3) days each for up to nine hundred and fifty (950) persons. The granting of such leave to individual employees shall be subject to the same procedures and limitations as specified in subsection (a) above.
(c) Reasonable numbers of PEF designees will be granted reasonable amounts of Employee Organization Leave to participate in meetings of joint labor/management committees, the conduct of negotiations for a successor agreement, and the representation of employees in the grievance procedure, with no charge to the Employee Organization Leave allowance provided in (a) above or to the employees’ leave credits subject to the following conditions:
(1) Beginning April 2, 1999, and quarterly thereafter, PEF shall provide to the Director of the Governor’s Office of Employee Relations a listing of all grievance representatives, including official work station and department/agency of such employees. Between quarterly listings PEF shall notify the State in writing on the first of each month of any addition or deletion affecting employees eligible for Employee Organization Leave for this reason. Where a PEF local is comprised of employees from more than one State agency and/or work location, PEF will indicate such. An employee whose name does not appear on the list can be denied Employee Organization Leave at the State’s discretion.
(2) PEF shall provide to the Director of the Governor’s Office of Employee Relations beginning April 2, 1999 and quarterly thereafter, a list of PEF statewide officers, regional coordinators, executive board members, stewards, council leaders, and other local officers eligible for Employee Organization Leave, together with official work stations, departments and agencies of such employees. Where a PEF Local is comprised of employees from more than one agency and/or work location, PEF shall so indicate. An employee whose name does not appear on the list can be denied Employee Organization Leave at the State’s discretion.
(3) When such activities extend beyond the employee’s scheduled working hours, such time shall not be considered as in paid status.
(4) The use of such leave will be contingent on the submission of requests in advance, and shall be granted to the extent the resulting absences will not unreasonably interfere with an agency’s operations.
(5) Reasonable and actual travel time in connection with such leave shall also be granted, subject to the same limitations and subject to a maximum of five hours each way for any meeting.
(6) Leave for contract negotiations, joint labor/management committees, and representation of employees in the grievance procedure, pursuant to this provision shall be granted only to employees in this unit designated in advance by PEF and approved by the Director of the Governor's Office Employee Relations.
(d) Under special circumstances, and upon advance request, additional Employee Organization Leave other than that provided in Sections 4.7(a) and (b) and the Employee Organization Leave Article 4.7 side letter may be granted by the Director of the Governor’s Office of Employee Relations. Should such additional leave be granted, PEF shall reimburse the State for the average cost of the involved employee’s salary for the day(s) in question. For those employees holding positions that are funded in such a manner that the State must demonstrate that it was reimbursed for the actual cost of the employee’s salary, PEF agrees to reimburse the actual cost of the employee’s salary, whether higher or lower than the average salary, upon request by the State.
(e) Failure to obtain advance notice for leave provided in Section 4.7 of the Agreement may result in charge to credits.
4.8 Union Leave
Upon the request of the President of PEF and the employee(s), and the approval of the Director of the Governor’s Office of Employee Relations, an employee or employees may be granted leave of absence with full pay to engage in PEF activities in accordance with the provisions of Section 46 of Chapter 283 of the Laws of 1972.
4.9 Leave of Absence Information
The State shall provide an employee who is going on an authorized leave of absence with information regarding continuation of coverage under the State’s Health and Dental Insurance Programs during such leave. The State shall also provide to such employee a memorandum prepared by PEF regarding necessary payments for PEF dues and insurance premiums during such leave.