MEMORANDUM OF INTERPRETATION
BETWEEN
THE STATE OF
AND
THE PUBLIC EMPLOYEES FEDERATION
CONCERNING
SEASONAL EMPLOYEES
1. The following provisions of the 2003-2007
2007-2011 Agreement between
the State and the Public Employees Federation, AFL-CIO representing employees
in the Professional, Scientific and Technical Services Unit shall, to the
extent they are applicable, be applied to employees in that unit in positions
designated as "seasonal" positions:
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Article No. |
Article
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Bill of Rights |
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1 |
Recognition |
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2 |
Statement of Policy and Purpose |
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3 |
Unchallenged Representation |
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4.1-4.5 |
Employee Organization Rights |
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5 |
Management Rights |
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6 |
No Strikes |
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8 |
Travel |
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9 |
Health Insurance |
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10 |
Employee Assistance Program |
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11 |
Accidental Death Benefit |
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12.4 |
Vacation Credit Accumulation |
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12.5 |
Additional Vacation Credit |
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12.7 |
Vacation Use |
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12.8 |
Sick Leave Accumulation |
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12.9 |
Use of Sick Leave |
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12.10 |
Personal Leave Accumulation |
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12.11 |
Use of Personal Leave |
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12.12 |
Accounting of Time Accruals |
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12.13 |
Absence-Extraordinary Circumstances |
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12.14 |
Tardiness for Members of Volunteer Fire Departments, Volunteer Ambulance Services and Enrolled Civil Defense and Civil Air Patrol Volunteers |
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12.18 |
Leave for Bereavement or Family Illness |
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14 |
Professional Development and Quality of Working Life Coordinating Committee |
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15 |
Professional Development Committee |
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18 |
Health and Safety |
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19 |
Parking |
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20 |
Review of Personal History Folder |
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22 |
Protection of Employees |
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24 |
Labor/Management Committee Process |
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26 |
Institution Teachers |
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27 |
Reimbursement for Property Damage |
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28 |
Distribution of Directives, Bulletins or Instructions |
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29 |
Emergency First Aid |
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30 |
Verification of Doctor's Statement |
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32.5 |
Workweek and Workday |
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33 |
Discipline |
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34 |
Grievance and Arbitration |
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35 |
Resignation |
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36 |
No Discrimination |
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37 |
Indemnification |
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38 |
Overtime Meal Allowances |
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39 |
Clinical Privileging and Credentialing |
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40 |
Credit Union Space |
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41.3 & 41.4 |
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42 |
Family Benefits |
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43 |
Printing of Agreement |
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45 |
Benefits Guaranteed |
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46 |
Conclusion of Collective Negotiations |
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47 |
Severability |
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48 |
Approval of Legislature |
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49 |
Duration of Agreement |
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2. Compensation
A. Lump Sum Payments
Lump Sum Payment for Fiscal Year
2003-2004
Eligibility for
a portion of the $800 lump sum payment shall extend to seasonal employees in
employment status on March 31,
2004 who have a total time in pay status of six months or
more during the preceding fiscal year; this six months of pay status shall be
called the "qualifying period." For employees with more than six
months of total time in pay status, the qualifying period shall be the last
such six months in the respective fiscal year. Such employees paid on an
hourly, per diem, or annual salaried basis who:
·
work a minimum of
one-quarter time, but less than half-time, during their qualifying period shall
receive $200;
·
work a minimum of
half-time, but less than three-quarters time, during their qualifying period
shall receive $400;
·
work a minimum of three-quarters
time, but less than full-time, during their qualifying period shall receive
$600;
·
work the equivalent of
full-time during their qualifying period shall receive $800.
Such section shall not apply
to employees paid on a fee schedule.
A. Salary Increases
Salary Increase for Fiscal Year 2004-2005 2007-2008
1. Effective on March
25, 2004 April 5, 2007 for
employees on the administrative payroll and April 1, 2004 March 29, 2007 for employees on
the institutional payroll, the basic annual salary of employees in employment
status on March 24, 2004 April
4, 2007 and March 31, 2004 March
28, 2007, respectively, shall be increased by two and one-half (2.5)
three (3.0) percent.
2. Seasonal
employees, not on the payroll on March 24, 2004 April 4, 2007 or March 31, 2004 March 28, 2007 as appropriate, but who were employed on a
seasonal basis in fiscal year 2003-2004 2006-2007 and become reemployed during the 2004-2005 2007-2008 fiscal year, will be
eligible for an increase of two and one-half (2.5) three (3.0) percent effective on March 25, 2004 April 5, 2007 for employees on
the administrative payroll and April 1, 2004 March 29, 2007 for employees on the institutional payroll or
the date of hire, whichever is later.
Salary Increase for Fiscal Year 2005-2006 2008-2009
1. Effective on April
7, 2005 April 3, 2008 for
employees on the administrative payroll and March 31, 2005 March 27, 2008 for employees on
the institutional payroll, the basic annual salary of employees in employment
status on April 6, 2005 April
2, 2008 and March 30, 2005 March
26, 2008, respectively, shall be increased by two and three-quarters
(2.75) three (3.0)
percent.
2. Seasonal
employees, not on the payroll on April 6, 2005 April 2, 2008or March 30, 2005 March 26, 2008, as appropriate, but who were employed on a
seasonal basis in fiscal year 2004-2005 2007-2008 and become reemployed during the 2005-2006 2008-2009 fiscal year, will be
eligible for an increase of two and three-quarters (2.75) three (3.0) percent effective on
April 7, 2005 April 3, 2008 for
employees on the administrative payroll and March 31, 2005 March 27, 2008 for employees on
the institutional payroll or the date of hire, whichever is later.
Salary Increase for Fiscal Year 2006-2007
2009-2010
1. Effective on April 6, 2006March 30, 2006April 5, 2006March 29, 2006
2. Seasonal
employees, not on the payroll on April 5, 2006 April 1, 2009or March 29, 2006 March 25, 2009, as appropriate, but who were employed on a
seasonal basis in fiscal year 2005-2006 2008-2009 and become reemployed during the 2006-2007 2009-2010 fiscal year, will be
eligible for an increase of three (3) percent effective on April 6, 2006
April 2, 2009 for employees
on the administrative payroll and March 30, 2006 March 26, 2009 for employees on the institutional payroll or
the date of hire, whichever is later.
Salary Increase Effective April
1, 2007 for
Fiscal Year 2010-2011
1. Effective on April
1, 2007 April 1, 2010 for
employees on the administrative payroll and March 25, 2010 for employees on the institutional payroll,
the basic annual salary of employees in employment status on March 31, 2007
2010 and March 24, 2010 respectively,
shall be increased by $800 four
(4.0) percent.
2. Seasonal employees,
not on the payroll on March 31, 2007
2010 or March 24, 2010, as appropriate, but who were employed on a
seasonal basis in fiscal year 2005-2006 2009-2010 and become reemployed during the 2006-2007 2010-2011 fiscal year, will be
eligible for an increase of $800 four
(4.0) percent effective on April 1, 2007 April 1, 2010 for employees on the administrative payroll
and March 25, 2010 for employees
on the institutional payroll or the date of hire, whichever is later.
B. Effect of Minimum Wage Level
If during the
term of this Agreement the rate of compensation of any employee in a seasonal
position is increased at the discretion of the Director of the Budget for the
purpose of making such rate equal to the Federal minimum wage level, the
provisions of Paragraphs A and B above shall be applied to such seasonal
employee in the following manner:
1. The seasonal
employee's rate of compensation shall remain at the adjusted rate established
by the Director of the Budget from the effective date established by the
Director of the Budget until the date of the next general salary increase
provided for in Paragraphs A or B.
2. Effective on
the effective date of the next general salary increase provided for in
Paragraphs A or B such employee's rate of compensation shall be either
the adjusted rate established by the Director of the Budget; or his/her rate
prior to the adjustment, increased by the percentage provided for in the
applicable paragraph, whichever is higher.
C. Inconvenience Pay and Locational Compensation
Effective
CD. Hourly and Per Diem
All of
the above provisions shall apply on a pro rata basis to seasonal employees paid
on an hourly or per diem basis or on any basis other than at an annual rate, or
to seasonal employees paid on a part-time basis. The above provisions shall not
apply to seasonal employees paid on a fee schedule.
3.
(a) A
seasonal employee not covered by the Attendance Rules who is regularly employed
on a 37 1/2 or 40 hour per week basis who works at least 25 days during the
season will be entitled to additional compensation at his/her hourly rate, up
to a maximum of eight hours, for time worked on each of the first three (3)
days during his/her employment in any seasonal period (4/1 to 9/30 and 10/1 to
3/31) which are observed as holidays by the State. Such compensation shall be
paid retroactive upon completion of five weeks of work.
(b) A seasonal
employee not covered by the Attendance Rules who is regularly employed on a 37
1/2 or 40 hour per week basis who works at least 25 days during the season and
who have been so employed at least one of the two consecutive seasonal periods
(4/1 to 9/30 and 10/1 to 3/31) immediately preceding the current seasonal
period will be entitled to additional compensation at their hourly rate up to a
maximum of eight hours for time worked on days during their employment in the
current seasonal period which are observed as holidays by the State. Such compensation should be paid
retroactively upon completion of five weeks work. The first seasonal period during which
this benefit will become payable is the 10/1/04 to 3/31/05 seasonal period to
employees who meet the service requirement during either the 10/1/03 to 3/31/04
or the 4/1/04 to 9/30/04 seasonal period.
(c) A seasonal employee who is entitled to time off with pay on days observed as holidays by the State as an employer and who has been scheduled or directed to work will receive additional compensation for time worked on such days.
4. Workers' Compensation Leave with Pay
A seasonal employee covered by the Attendance Rules shall be covered by Article 13 of the State/PEF Agreement.
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For the State: |
For PEF: |
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John Currier |
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Deputy for Contract Negotiation and Administration |
President |
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Governor’s Office of Employee Relations |
Public Employees Federation |
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Date: |
Date: |
President
Public Employees Federation, AFL-CIO
Dear Mr. Brynien:
This will continue the agreement reached during the course of negotiation of the 1988-91 State/PEF Agreement concerning Employee Organization Rights, Article 4, Section 4.6 of the Agreement.
Section 4.6 stipulates that the State will provide PEF with certain information on employees. The State agrees to provide PEF with any additional payroll data as is generally provided to employee organizations representing State employees.
Sincerely,
John Currier
Deputy Director for Contract Negotiation and Administration
Governor’s Office of Employee Relations
Countersigned for PEF:
President
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE STATE OF
("THE STATE")
AND
THE PUBLIC EMPLOYEES FEDERATION, AFL-CIO
("PEF")
CONCERNING
HOUSING AND MEAL CHARGES
This Memorandum of Understanding
is entered into between the State of
The parties agree that rates employees
pay for housing and meals provided by the State shall be governed by Item B-300,
“Employee Maintenance Policy and Charge Schedule,” of the Budget Policy and
Reporting Manual to be revised on
Pursuant to the
agreement reached during the course of negotiation of the 1985-88 State/PEF
Agreement, the parties hereto have met and have discharged their commitment to
develop an indexing formula to adjust rates employees pay for State-provided
meals and housing. As a result of these deliberations, the parties have
agreed to the modifications of the terms and conditions of employment relating
to the rates employees pay for meals and housing provided by the State as set
forth below in this Memorandum of Understanding. The provisions of this
Memorandum of Understanding supersede and replace any provisions of the
State/PEF Agreement which are affected by the provisions herein.
This
Memorandum of Understanding is entered into between the State of New
York and PEF for the purpose of establishing a
method by which the rates employees pay for meals and housing provided by the
State will be calculated.
Accordingly,
commencing on 1988
2009, and effective each
April 1, thereafter, the rate employees pay for meals and housing provided by
the State in effect on the immediately preceding March 31 shall be adjusted by
the following:
1. For meal charges - the rate shall be adjusted by the CPI-U,
2. For housing charges - the rate shall be adjusted by the CPI-U, "Rent, Residential"
“Rent of Primary Residence”
component, for the period October-September, published by the Bureau of Labor
Statistics, U. S. Department of Labor.
Such adjustment shall be determined as the percentage change in the above-mentioned indices during each 12 month period ending September 30 of the year immediately preceding the April 1 effective date. The resulting amount shall be rounded to the nearest whole dollar.
From the effective date of this Memorandum of Understanding henceforth, the appropriateness of the above indices shall be subject to review one time during the term of each successor agreement to the 1988-91 Agreement, upon the request of either party.
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For the State: |
For PEF: |
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John Currier |
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Deputy Director for Contract Negotiation and Administration |
President Public Employees Federation |
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Governor’s Office of Employee Relations |
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Date: |
Date: |
MEMORANDUM OF AGREEMENT
BETWEEN
THE STATE OF
AND
THE PUBLIC EMPLOYEES FEDERATION, AFL-CIO
CONCERNING
PARKING FEES
1) In accordance with the provisions of Article 19, Section 19.3 of the 1988-91 Agreement between the State and PEF, the Executive Branch of the State of New York (hereinafter "the State") and the Public Employees Federation, AFL-CIO (hereinafter "PEF"), hereby enter into this agreement concerning the fees for parking by employees in parking facilities operated in and around Albany by the Office of General Services, Bureau of Parking Services. (See attachment of list of facilities currently in operation.)
In the event that new parking facilities not currently provided by the State are provided under the auspices of the Bureau of Parking Services, these fee schedules will apply.
2) This Memorandum of Agreement shall be effective as of the date of its execution and shall remain in effect until or unless it is superseded by a successor agreement between the parties.
3) The monthly fees for employee parking at each of the parking facilities covered by this Agreement shall continue as follows unless modified by terms of this Memorandum or by other agreements to provide additional parking space that affect these rates:
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Surface Parking |
$ 7.00 |
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Covered Parking |
$14.00 |
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Covered/Reserved Parking |
$28.00
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4) In the final quarter of each fiscal year of this Agreement, the State shall establish a fee schedule to be in effect in the next fiscal year, and when supplemented by net visitor revenue will recover the operating costs of employee parking, which includes maintenance and rehabilitation and any centralized services fund accrued deficit attributable to the Bureau of Parking Services.
In no event, however, will the total fee schedule increase more than $1 for surface parking, $2 for covered parking and $4 for covered reserved parking in any fiscal year due to the above.
This cap on
annual fee increases shall continue in effect through the fiscal year ending
5) Should the parking fee schedule be amended, successive rate changes will be effective on April 1 of each year, or on another date mutually agreed to by the parties. The amended fee schedules shall continue the same proportions as established above between the fees for surface, covered and covered/reserved parking.
6) Should any new parking facilities be constructed by the Bureau of Parking Services, the parking fees shall, if necessary be increased over and above any increase required under Sections 4 and 5 above. Such new fees may apply to all existing Bureau of Parking Services facilities. If it is necessary to finance construction of new facilities from the General Fund, parking fee increases will be designed to recoup such loans. No such facility construction or associated fee increase shall occur, however, except pursuant to a written agreement between the parties for the specific facility proposed.
7) The State shall continue to provide PEF a quarterly report of expenses and revenues of the Bureau of Parking Services in the Centralized Services Fund.
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For the State: |
For PEF: |
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John Currier |
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Deputy Director for Contract Negotiation and Administration |
President Public Employees Federation |
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Governor’s Office of Employee Relations |
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Date: |
Date: |
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